HomeMy WebLinkAbout1996-07-10 p&z packet°~ CITY OF KENAI
PLANNING AND ZONING COMMISSION
**AGENDA**
Council Chambers, 210 Fidalgo
July 10, 1996, 7:00 p.m.
Chairman Kevin Walker
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: June 26, 1996
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
a. Cerepa S/D No. 2 -Replat of Lots 1 & 2, Cerepa S/D
b. Misty Haven Subdivision -Replat Tract A
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. Kenai River Special Management Area Advisory Board Minutes of June 20, 1996
b. Letter dated June 27, 1996 from Frederick & Sue Duthweiler
c. Kenai Peninsula Borough Memo -Subdivision Plan Reviews
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
~~ CITY OF KENAI
PLANNING AND ZONING COMMISSION
**AGENDA**
Council Chambers, 210 Fidalgo
June 26, 1996, 7:00 p.m.
Chairman Kevin Walker
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: June 12, 1996
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
a. PZ96-48-Preliminary Plat-Kenai Townsite, Old Town Village Subdivision
6. PUBLIC HEARINGS:
a. PZ96-42-Conditional Use Permit-Surface Extraction of Natural Resources
(Gravel)-W %2, NW 1/, 510, Lying North of Beaver Loop within T5N, R11W
b. PZ96-45-Conditional Use Permit (Nightly Rental of 4-plex)-Lot 3, Ryan
Subdivision, 309 James Street
7. NEW BUSINESS:
a. PZ96-46-Home Occupation Permit, Gunsmith Services-Lots 2-6, 31-36, Carl F.
Alstrom Subdivision, 2707 Wildwood Drive #32
b. PZ96-47-Home Occupation Permit, Roofing Business-Lot 3, Knudson
Subdivision, 309 Birch Street
8. OLD BUSINESS:
9. CODE ENFORCEMENT ITEMS:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
Planning & Zoning Commission Page 2
Agenda June 26, 1996
12. INFORMATION ITEMS:
a. Kenai River Special Management Area Advisory Board Minutes of May 9, 1996
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
UNAPPROVED
CITY OF KENAI
PLANNING AND ZONING COMMISSION
**MINUTES**
June 26, 1996
1. ROLL CALL:
Members present: Carl Glick, Teresa Werner-Quade, Ron Goecke, John Booth,
Kevin Walker
Members absent: Phil Bryson, Karen Mahurin
Others present: Councilman Hal Smalley, City Engineer Jack La Shot,
Administrative Assistant Marilyn Kebschull
2. APPROVAL OF AGE1~I~DA:
GLICK MOVED FOR APPROVAL OF THE AGENDA AND ASKED FOR
UNANIMOUS CONSENT. MOTION SECONDED BY GOECKE.
Walker asked if anyone opposed unanimous consent. No one opposed. AGENDA
APPROVED.
3. APPROVAL OF MINUTES: June 12, 1996
GLICK MOVED FOR APPROVAL OF THE MINUTES OF JUNE 12, 1996 AND
ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY BOOTH.
Walker asked if anyone opposed unanimous consent. No one opposed. MINUTES
APPROVED.
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
a. PZ96-48-Preliminary Plat-Kenai Townsite, Old Town Village Subdivision
GOECKE RECOMMENDED APPROVAL OF PZ96-48 PRELIMINARY PLAT,
KENAI TOWNSITE. MOTION SECONDED BY GLICK.
Walker asked for additional staff comments. None offered.
Walker asked if anyone in the public wished to speak to this item. No comment
received.
Planning & Zoning Commission
Minutes
Page 2
June 26, 1996
Item brought back to the Commission for discussion. No discussion.
VOTE:
GLICK YES WERNER-QUADE YES
GOECKE YES BOOTH YES
WALKER YES
ITEM PASSED.
6. PUBLIC HEARINGS:
a. PZ96-42-Conditional Use Permit-Surface Extraction of Natural Resources
(Gravel)-W 1/2, NW 1/, 510, Lying North of Beaver Loop within T5N, R11W
GOECKE RECOMMENDED APPROVAL OF PZ96-42, CONDITIONAL USE
PERMIT. MOTION SECONDED BY WERNER-QUADE.
Walker asked for additional staff comment. La Shot stated nothing additional. Walker
noted that on La Shot's recommendation it said "no formal action is required, request
additional information if needed." La Shot stated that this staff report was from the
last meeting so action will be required. La Shot noted this is a public hearing. Walker
noted he would mark that section out on his page.
PUBLIC HEARING OPENED.
No comment received. PUBLIC HEARING CLOSED.
Item brought back to the Commission.
Councilman Smalley asked if a Conditional Use Permit could be issued to an individual
that is not the property owner. La Shot noted this would be contingent upon him
becoming the property owner and the owner of record has sent documentation that she
does not oppose this permit. La Shot commented that the city attorney had reviewed
this application.
Goecke stated that this will all be coming to fruition shortly as the property has been
listed by the Court for sale to try to clear the matter.
VOTE:
WERNER-QUADE YES GOECKE YES
BOOTH YES GLICK YES
WALKER YES
ITEM PASSED.
Planning & Zoning Commission
Minutes
Page 3
June 26, 1996
b. PZ96-45-Conditional Use Permit (Nightly Rental of 4-plex)-Lot 3, Ryan
Subdivision, 309 James Street
GOECKE RECOMMENDED APPROVAL OF PZ96-45, CONDITIONAL USE
PERMIT. MOTION SECONDED BY BOOTH.
Walker asked for additional staff comment. La Shot stated that he would request the
Commission consider his recommendation that the dwelling be completed to meet the
definition of amulti-family dwelling. La Shot stated that right now it is actually four
separate dwellings. La Shot stated he believed the intent was to tie it together into one
structure.
PUBLIC HEARING OPENED.
JOE LEE, 1109 KAKNU WAY, KENAI-Mr. Lee handed out copies of a petition with
an attached sheet containing photographs to the Commission members. Lee advised he
had provided a petition that had been circulated in regards to the development in
question. Lee advised there had been no coercion when obtaining the signatures adding
that a lot of people didn't even know where James Street was. Lee stated that James
Street is a dead end street off Kaknu and it is not maintained. Lee added the city does
not plow it or do anything to the street. Lee stated it is his feeling that this will bring a
lot of heavy traffic. Lee stated it was his understanding that he originally planned to
build these cabins and then move them to another location. Then, he decided to locate
them there. Then, he decided to make them a four plex. Lee stated it is his
understanding that he wants to make it a four plex by a breeze way. Lee stated he was
wondering what the Commission or the Planning Department would require for
minimum standards. Lee stated if you look at the pictures he provided it is difficult to
tie the four cabins together with a breeze way. Instead, you will have a covered
walkway and in no way does that make a four Alex, Lee noted that was his opinion. Lee
stated they don't have police patrolling the street. Lee advised he owns three houses on
James, one of which is on Kaknu and James. Lee stated that was his residence. The
other two are in the state of remodeling. Lee stated that when he first bought and
moved these houses there, Lee stated he was told he could put two houses on one lot.
Lee said he didn't even consider that because he was planning to live in the
neighborhood. Lee commented that he thought if you were going to live in the
neighborhood you need to be compassionate of what the neighborhood will be. Lee
stated he knew they were by no means a Woodland, Redoubt, or Inlet Subdivision
adding that they might be across the tracks from there. Nevertheless, Lee stated that
everybody he knows is proud of their property. Lee stated he doesn't see how this could
be conducive to a good family neighborhood at all. Lee commented that the applicant
stated he would run a tight ship adding that he felt it would be difficult to run a tight
ship when he lives across town. Lee stated he will probably think of a lot of reasons
when he gets home as objections to this. Lee added that the petition points out some of
these. Lee stated he believed that in the code he read that development like this cannot
be adversarial to the neighborhood. Lee stated he would hope that Mr. Richmond
Planning & Zoning Commission Page 4
Minutes June 26, 1996
~ would go back to his original plan and move those cabins to a different type of place
that would be better suited adding that he felt it would be advantageous for him too
because he will not get the traffic that he needs to rent these out as an overnight type of
location. Lee stated it would even be hard to direct people who were looking for the
place by signs to get to the location. Lee stated he wished the Commission would look
at the location. Lee stated he respectfully requested that he go to Plan A and that is to
move them to another location.
IVA LEE WALL, 305 LINWOOD LANE, KENAI-Wall stated she objects to the
equivalent of a motor court in the midst of a residential community. Wall stated the
occupants would naturally be transients renting by the night with no resident manager
to monitor and maintain some sort of order. Wall noted that there are no police driving
by on a regular basis adding that it seems to her it would pose a problem in the
neighborhood. Wall stated that since it is on the equivalent of a one-lane driveway,
dead end street, what signs will be necessary to be posted up all over on the Spur Road,
Tinker, Linwood, Kaknu, wherever to direct people? Wall stated she couldn't think that
would enhance the neighborhood that much by having numerous street signs. Wall
stated she understood that he owns the lot next to this lot. Wall asked that if this
permit is granted next year will you have four more cabins on the next lot or across the
street or whatever commenting it would be quite a motor court in there. Wall stated as
she understands it these buildings do not qualify as a four Alex nor as a bed and
breakfast. Lee stated she wonders what else is not quite up to snuff. Wall stated the
submittal of plans do not contain dimensions so how are you supposed to know the
cabins are 14 by 16 which is a little more than half of her one car garage. Wall asked
what kind of people will rent that small a place even during the winter much less
during the transient summer. Wall noted she has three vacant lots across from her on
Linwood Lane. Wall commented that if this permit is granted, what is to prevent
someone from buying those three lots across the street and putting four cabins on each
one and having another motor court across the street. Wall stated it seems to her that
by granting this permit, you are letting the camels head in and you don't know what
will follow once the precedence is set. Wall stated that took care of what she had to say.
RICHARD REDFORD, 1113 KAKNU WAY, KENAI-Redford stated they live on the
corner of Kaknu and Linwood. Redford stated he wanted to say that he agrees
completely that to him these cabins do not closely qualify, adding he does not know the
legal definition, but to him they do not come close to being a four plex. Redford noted
they are totally separate units. Redford stated it would bother him if this was
approved now as there is the lots that are across from Joe Lee's place which is right
next to the lot which is trying to get approved right now. Redford stated if this is
approved, then maybe next year that will be approved. Also, across from Linwood there
are three lots across from them on Linwood. If this is approved this year, maybe next
year those three lots will be facing the same thing. Redford stated there are four plexes
in their neighborhood but they are totally different from what is trying to be put
through here. Redford stated he wanted to give further strength noting he disagrees
with the request and that he hopes this is not approved.
Planning & Zoning Commission Page 5
Minutes June 26, 1996
'~ ADAM SIMONS, HCO1 BOX 3925A, KENAI-Simons noted he was partners with
Bill Richmond. Simons stated he moved to the area about ten years ago in 1985 noting
he was 20 years old at the time. Simons stated he was a drywaller and sheetrocker and
had made it through the lean times. Simons stated that six years ago he had started
his own business and has learned a lot adding that he is not making a whole lot of
money. Simons stated he has a pretty good reputation in the area and has done
hundreds of homes and has worked hard to maintain quality. Simons commented that
these cabins are really sharp looking. Simons noted he calls them cabins but they will
be joined together and technically will be a four plex. Simons stated that a couple
people mentioned that it will be no where near what a four plex would be adding that it
will not take much more to meet the definition of a four plex. Simons stated that as far
as transient motorcades, Simons commented that is quite a doomsday scenario. Simons
stated they haven't planned on renting them by the day and having a full booking or
anything like that. Simons stated there wouldn't be any more traffic. Simons stated
they are close to having a four plex adding they are economically committed right now.
Simons noted they are going to have to get them done and rent them out by the month
for sure. Simons commented that if everybody got together and had a disagreement
they might be able to get it not to happen. Simons stated that as it is they have to rent
them as far as they are concerned. Simons stated it might be a little early to try to get
the Conditional Use Permit as there hasn't been a lot of construction in that are for
quite some time. Simon noted that everybody is used to no construction going on
j adding that the town is growing and sooner or later those lots will be filled in. Simons
noted that the street is zoned to go all the way through and eventually it will not be a
dead end. Simons commented that as far as transients and low standard of people
being around there, with the computer you can communicate with people all over the
country and all over the world. Simons stated that the people who will be renting by
the night fly up from who knows where, they rent a car, they get guide services, pay
with credit cards. Simons stated as far as he knows right now that in July and the end
of August more people would come up and spend their money and enjoy the recreational
aspects the peninsula provides. Simons stated these people are actually high quality
people and people like that respect residential roads. Simons stated it was his
experience that they were good people who manage to have their lives together enough
to come up and enjoy. Simons stated as far as the size of the units and the way they are
set up, it is a lot more appealing than just a block building and a regular four plex.
Simons stated they have beautiful siding, they are in the process of getting the
landscaping done. Simons noted they are under construction and it is kind of a mess
adding it is noisy and may have built up some animosity for now with the neighbors.
Simons added that he didn't see where anybody would save any grief by having the
daily rentals in the summer. In contrary, if we were able to make the money in the
summer, they wouldn't be pressed to rent the places in the winter at all. Simons stated
there are more expenses in the winter for heating costs. Simons commented it is a
hassle to rent to people on a monthly basis adding that it won't be high rent as they are
~ small places. Simons commented that the insides will be excellent looking not like a
railroad car. Simons stated if they do rent them out by the day, there will be a care
taker showing up at least once a day. Simons stated that quite the contrary to high
quality renters that if they got good money in the summer, they wouldn't be so pressed
Planning & Zoning Commission Page 6
Minutes June 26, 1996
~ to find renters in the winter. Simons stated this is a fantastic amount of money for the
high quality of materials that is going into the place and they don't want anybody in
there that will be drinking beer or up late at night or breaking the doors off the hinges
or anything like that. Simons stated they want to be able to afford to be picky about
who if anybody lives there in the winter. Simons stated that as far as the motorcade, if
they did rent them out in the summer, chances are they will not be fully booked.
Simons stated there will be actually less traffic then if people live there who have to
leave there anyway. Simons stated that as far as the signs on the street, if they were
able to put signs on the street it has to be ascetically correct and a highway department
made sign. Simons noted similar to some of the others in the area.
Werner-Quade stated that on the plans submittal she didn't see the plans for sewer.
Simons stated it is hooked up to city sewer. Werner-Quade asked if each unit would
have it's own bathroom. Simons stated that each unit has it's own bathroom and is
hooked to city sewer and water. Simons noted that originally they had planned to do
their own sewer and water but it was economically easier to hook up to city sewer and
water noting his partner has equipment. Werner-Quade asked if they have one city
sewer and water bill at $41 or do you have four. Simons stated they haven't received
any bills from the city yet. La Shot stated it will be based on a four plex and he is not
sure what the rate is. Werner-Quade questioned if it was a four Alex then? La Shot
stated it will not receive a certificate of occupancy until it meets that definition.
Werner-Quade asked if they would then have one city sewer and water bill at $41. La
Shot stated he thought the four Alex bill was higher than noting it was a flat rate but
unsure of the rate.
Glick asked what kind of foundations were under the units questioning if they were
permanent type. Glick also asked if the walkways would have permanent foundations.
Simons stated they are still under construction adding there are several ways they can
go to comply with the definition of a four plex. Simons commented that they want to do
whatever looks best and still makes them comply.
Mr. Richmond began answering from the floor and was asked by Chairman Walker to
approach the podium so he could be heard.
BILL RICHMOND, P.O. BOX 3152, KENAI-Richmond stated he was the actual
owner. Richmond stated he had started this project last winter adding that he works
construction and there was nothing else to do in the middle of the winter. Richmond
noted that as time went on they decided it was financially too much of a burden to do
anything but what they could do on that lot this year. Richmond stated that as far as
expanding to the next lot over, he has residential plans for the next lot for a spec house.
Richmond stated that James Street, as was mentioned, is very poorly maintained. It is
not maintained by the city. Richmond stated he has a backhoe and he back blades it
every once in a while so they can drive up and down it. Richmond stated that when he
first bought the lot, there was barely room enough to turn around in front of the last
house on the street. Richmond stated that one of the first he did was to put a storage
shed there to store some things and that was the first obstacle he came against.
Planning & Zoning Commission Page 7
Minutes June 26, 1996
1 Richmond stated he almost instantly had one of his very fine neighbors seeing if the
building needed a building permit. Richmond stated it has kind of been a battle like
that ever since. Richmond stated he tries the best he can to make a nice product.
Richmond stated the thing that has him scared is the guy who wants to rent in the
winter time, he is the guy you have to watch out for. Richmond stated he is the guy
who lives around here, knows he lives around, thinks it is his neighborhood, and he is
going to do what he wants. Richmond stated he thinks the person you will have the
least amount of trouble with will be the person who is on vacation in the summertime.
Those people are on vacation and rent everything with credit cards so they are very
careful with their rental cars and the places they stay. Richmond stated he could see
there will be some more traffic other than norm on the road noting there will be a maid
service as well as he will be checking on it daily. Richmond stated he has a tremendous
amount of money invested in this project. Richmond stated his intention was to have it
end up like this. Richmond stated he had every intention to move them somewhere else
but one financial turn took another and he injured his back and $13,000 later here we
are. Richmond stated he will do his best to maintain these and his best to keep quality
people in them. Richmond stated the breezeway will be a permanent installation built
to withstand wind, and loads adding he has every intention of putting it in on a
concrete foundation or blocks. Richmond added that it is still being designed but will be
built to a high quality standard noting he has so much money invested.
Walker, from looking at the photograph, asked if this was a photograph of the four
structures. Walker stated his question was how would Richmond go about connecting
the four and making them into a four Alex. Richmond stated that three of the four sit in
a perfect line. The breezeway will carry down across the front, there will be a shed
hooked to each door, and a covered breezeway all the way across. Richmond stated that
where the dump truck is parked, noting it looked like a recent picture, will be the
parking. Richmond stated he hasn't decided yet if he can put a covered parking in there
noting that is up in the air at this point. Richmond stated you will pull up and there
will be two sidewalks, either gravel or concrete, one on either side going to the
breezeway. Richmond stated there will be one way into the buildings and no more than
two ways out of the breezeway. They were built like this so people will have a sense of
privacy. Richmond commented that he didn't know if they had every lived in a duplex
but some of them you can hear your next door neighbor going to the bathroom.
Richmond commented that is not what he considers comfortable standards. Richmond
stated he sees a lot of names on the petition and asked the audience if everyone had
signed it?
Walker asked Richmond the lot size. Richmond stated the lot sizes are 98 by 133.
Walker clarified that he has four cabins on a lot 98 by 133. Richmond stated the
building are 10 feet 3/ inch apart adding they are well inside the property lines all the
way around. Walker asked the building size and Richmond stated they are 14 by 16
feet.
PUBLIC HEARING CLOSED.
Planning & Zoning Commission Page 10
Minutes June 26, 1996
Mr. Lee asked if he could speak to the Commission and Mr. Walker allowed it. Lee
stated he is not a mean old fellow adding he is very compassionate about Bill's
dilemma. Lee stated he is an old man and has been down that road two or three times
and has been bankrupt but just never filed the papers taking years to pay stuff off. Lee
noted that Richmond's dilemma is kind of his dilemma noting the two houses that he
has across the street that he is remodeling. Lee stated he is going to sell these houses
and it is his feeling that Richmond's situation will reduce the value. Lee stated nobody
wants to live across the street from this type of nightly rental thing. Lee stated it is not
personalities here whatsoever instead that he doesn't want his values to go down
adding that he has a great deal of money invested there also. Lee commented that it
looked like it was a mess; that it got start off one way and got switched another way
and another way. Lee stated that is his concern is if the property values fall because of
the orthodox situation there Lee stated he felt like they would be paying a penalty and
didn't think they should be. Lee reiterated he is sorry he is in a bind.
GLICK MOVED TO POSTPONE THIS UNTIL THE THINGS THAT HAVE BEEN
DISCUSSED HAVE BEEN CLEANED UP AND A DESIGN IS BROUGHT
FORWARD SHOWING WHAT THE CABINS WILL LOOK LIKE WHEN THE
CABINS ARE JOINED TOGETHER.
Walker asked Glick if he wished to put a date on the motion or just leave it open until
such time as the items are received. GLICK STATED BY THE NEXT MEETING
noting that would give the owners time to come up with the design and La Shot to get
the items that were discussed cleaned up.
Walker advised Glick that postponing the item to the next meeting would not give
enough time to publicize this as a public hearing and asked if they could change it to
the second meeting in July. GLICK AGREED. Walker asked if the second concurred
noting this is a public hearing and it must be publicized. Goecke asked what this would
do to the applicant if he was wanting to do anything this summer and this would move
it to the 24th of July before he could do anything. Walker asked Goecke if he was the
second on the first motion adding that it wasn't a debatable motion. GOECKE
STATED HE CONCURRED.
Richmond asked if he could ask the matter be dropped, withdraw the request.
Richmond stated that the second week in July is too late to consider it adding that he
would withdraw his request and do it again next year. Richmond stated he will go
through with the monthly rentals getting the necessary permit from La Shot's office.
Walker advised Richmond he could withdraw the application. Richmond asked the
Commission to consider it withdrawn.
Smalley asked Richmond if he was requesting that everything be stopped now. Smalley
stated he understood Richmond to say he was going to rent them monthly now.
Richmond stated he would rent them monthly adding he is legal now once he finishes
the vestibule and gets the final inspection from the city. Smalley asked if that was
Planning & Zoning Commission Page 1 1
Minutes June 26, 1996
i correct and La Shot stated if he meets the definition of the four Alex. Walker asked
Richmond if he had heard La Shot's last comment clarifying it would be legal if he met
the definition of a four Alex. Richmond stated he would meet the definition of a four
plex.
Mr. Lee, from the audience, asked what would make that meet the definition of a four
plex. La Shot read the definition for multiple family dwellings and building from the
code. Lee questioned if he heard "building" and La Shot clarified that adding that the
cabins will have to be connected and closed to meet those definitions. La Shot stated he
didn't think an unenclosed breezeway would do that adding it would have to be an
enclosed, attached breezeway to make it one structure. La Shot stated he didn't think it
would look like either cabins or a four plex.
Walker advised the audience that the item had been withdrawn and the Commission
would move on with business.
7. NEW BUSINESS:
a. PZ96-46-Home Occupation Permit, Gunsmith Services-Lots 2-6, 31-36, Carl F.
Alstrom Subdivision, 2707 Wildwood Drive #32
CLICK MOVED FOR APPROVAL OF PZ96-46. MOTION SECONDED BY
BOOTH.
Walker asked for additional staff comments. La Shot stated that this had been brought
to the city's attention by a comment or complaint mainly about the sign. La Shot stated
he hadn't heard any negative comments about Mr. Vogel's business adding that he is
here tonight to answer any questions.
Walker asked if anyone wished to speak to the item. Vogel asked what the motion was
for adding he didn't think he needed to speak unless the Commission had questions.
Walker noted there had been a question on the sign. Vogel stated it was his
understanding that it was to be 4 square feet adding that his is quite a bit larger.
Vogel added in defense of his shingle that no resident can see the sign and the only way
it can be seen is driving down Wildwood Drive. Walker asked if he intended on
changing the sign to bring it into code. Vogel stated the smallest he could make it
without scraping it would be about 10 square feet adding he could remove his name.
Vogel asked if there was anyway 10 to 12 feet would be acceptable. Walker stated that
is beyond code. La Shot noted there is one way he could exceed the 4 square feet and
that would be through a variance. Walker noted that is another permit and La Shot
stated that is a public hearing type item.
Werner-Quade asked if he was in the phone book and Vogel stated he would be. Vogel
noted he didn't need to advertise as he doesn't need new business. Werner-Quade
stated she was wondering as it seemed like he was placing a lot of weight on the large
Planning & Zoning Commission Page 12
Minutes June 26, 1996
sign. Vogel noted this was a sign he had had in a prior business adding that he has
been at this location since 1986. Vogel advised the Commission that he has to comply
with state and federal laws adding that he didn't know about this requirement. Vogel
added he had to have a written letter from the Chief of Police.
Goecke asked Walker if it would be possible to delay action on this to see what he can
do about the sign. Goecke continued saying if he can get down to the size constraint
they could deal with it then. Walker stated they could vote on this contingent upon
him bringing his signage into compliance by whatever means he deems necessary which
leaves him multiple choices.
GLICK MODIFIED THE MOTION APPROVE THE PERMIT ON THE
CONDITION THAT THE SIGN CODE IS MET. BOOTH CONCURRED.
VOTE:
GOECKE YES
GLICK YES
WALKER YES
BOOTH YES
WERNER-QUADE YES
MOTION PASSED.
b. PZ96-47-Home Occupation Permit, Roofing Business-Lot 3, Knudson
Subdivision, 309 Birch Street
GOECKE RECOMMENDED APPROVAL OF PZ96-47 HOME OCCUPATION
PERMIT. MOTION SECONDED BY WERNER-QUADE.
Walker asked for additional staff comment. La Shot stated this is similar to the last
adding he has had no negative complaints about the operation of the business but
mostly about storage materials and equipment outside. La Shot added that one of the
conditions for a home occupation permit is that those items should be enclosed.
Walker asked if anyone in the public wished to speak to this item. Mrs. Hansen
identified herself noting she was here as her husband is out of town.
Glick asked if it is possible for the applicant to comply with the storing of materials in a
structure.
Mrs. Hansen advised that the little bit of materials on the property is in an enclosed
structure and as of today the fence is complete. Hansen stated their entire property is
enclosed by a fence. Hansen added she is not sure what the person was referring to as
materials noting they don't store materials but have ladders on site. La Shot stated
that smells from the roofing like tars and hot pot type materials were identified.
Hansen stated they do a minimum of hot tar work noting that if the kettle is pulled
onto the property it is hot and will take a while to cool down. Walker asked if they
store the equipment that would heat the hot tar on the premises. Hansen stated yes
Planning & Zoning Commission Page 13
Minutes June 26, 1996
~ but it is not heated on the property. Walker advised that would be business-related
materials and/or equipment. Walker noted that under the permit those items would
have to be in a structure or not stored on the premises. Hansen clarified what he meant
by a closed structure. Hansen stated they could eliminate that and that tomorrow they
could move those items to property in Nikiski.
GOECKE ADDED TO THE MOTION TO PUT IN STAFF RECOMMENDATIONS
ON THE PERMIT, THAT BEING TO STORE THE BUSINESS-RELATED
MATERIALS IN THE PRINCIPAL STRUCTURE OR AN ACCESSORY
STRUCTURE. BOOTH CONCURRED.
VOTE:
BOOTH YES GLICK YES
WERNER-QUADS YES GOECKE YES
WALKER YES
MOTION PASSED.
8. OLD BUSINESS:
9. CODE ENFORCEMENT ITEMS:
La Shot noted no additional items. Smalley stated he had been requested by one of the
members of the audience to check into something adding he thought the city had looked
into this once before.. Smalley stated there is a shed at 315 Linwood sitting on a
property line and has been there since early March. La Shot stated that the building
official has been in contact with those people adding that correspondence will be
provided at the next meeting. La Shot noted it is as much a building issue as anything.
La Shot stated it is a cabin on skids and people are living in it. Smalley stated it is
living on the property line and probably in violation of the front set back.
10. REPORTS:
a. City Council
Councilman Smalley reviewed the agenda that was in the packet explaining council
action. Walker asked that C1 be explained. Smalley advised there had been a motion
to move C14 to the front of C. Prior to moving C14, there was a motion to move
consideration for the City Manager's consideration of agreement for continuation of
work with the city. Smalley stated it was brought forward and it failed to be moved on.
Smalley stated that on C14 a, b, and c there were motions to suspend with pay and
benefits the city manager. There was discussion and it passed five to two. Smalley
stated C14 was tabled as it was later in the packet because that was a discussion of a
severance pay agreement so that issue was postponed. Smalley stated that with regard
Planning & Zoning Commission Page 14
Minutes June 26, 1996
the suspension the city manager has been suspended through his present contract
which ends July 31st Smalley stated he will receive on July 3rd a bill of particulars as to
reason why the suspension and why the city is possibly considering not continuing his
employment. Smalley stated he has by code 30 days minimum to have that before there
is a public hearing to discuss that bill of particulars in a public hearing. Smalley stated
that protects him as an employee and it also protects the city. Smalley stated he may
elect to do other options between the 3rd of July and the 7th of August. Smalley stated
the 7th of August is the first meeting that would qualify for the meeting time. Smalley
stated Mr. Manninen may opt to do several things which could be to voluntarily resign
upon completion of his July 31st date, he may elect to go public and have discussions on
the bills of particular and challenge any and all, he may elect to wait until the 7th of
August and deal with the issues. Smalley stated he is in the driver's seat and the city is
required by code to wait until August 7th to discuss the items; however, Mr. Manninen
could choose to go public earlier and then the city could participate in those discussions.
Walker asked if C1 was approved. Smalley stated that had been around for a long time
and in talking with the city attorney and city manager they couldn't understand why
the department heads had to file. Smalley stated that it goes back 25 to 30 years ago
and is no longer necessary.
Smalley advised that Item 5 was tabled pending Planning and Zoning's action. Smalley
continued through the agenda explaining the items listed in section C as noted on the
information in the packet.
Glick commented that a source of his told him that on the 9th of July the Borough
Assembly will have before them the property that the well is on for the assembly's
approval. Glick stated it is to be leased to the city with the ultimate end result it being
deeded to the city.
Smalley stated there was discussion about the use of Leif Hansen Park and council has
asked Parks and Rec to review the issue again. Smalley noted that as it presently sits
the Parks and Rec director and city manager determine the use for those areas.
Smalley stated there was discussion on the Mission Street project noting that Mr.
Cherrier would like to have the city pave a street and parking lot in exchange for a
right of way. Smalley stated council was not willing to do that and asked
administration to check into either changing the property or the city acquiring the
property by a variety of ways one of which was discussed was a taking. Smalley stated
other options included obtaining fair market value for the property or ending the road
at a turnaround at Alaska Avenue.
Smalley stated that Mr. Godek talked to council about his presentation to the borough.
Godek had stated that some of the assembly members felt more comfortable in paying
user fee per animal instead of funding the building. Smalley stated the discussion was
continuing.
Planning & Zoning Commission Page 15
Minutes June 26, 1996
~ Smalley stated there was discussion of matching funds for an archaeological study at
the Shkituk Site in the amount of $2000 for a total of $4000. The council advised the
Townsite Historic District Board to seek other funding sources.
Smalley stated other items of discussion were a sewer line with the city of Soldotna, the
industry appreciation picnic, and that the group who is planning to build the assisted
living center had applied for funding through HUD and they were turned down.
Smalley added the information that HUD feels that the center in Homer is meeting the
needs of this area; however, they are looking for other funding sources.
Goecke asked why the industry appreciation picnic being transferred and asked if it
was a reaction to a letter to the editor. Smalley stated he didn't know the reason and as
far as he knew the decision was made by the city manager and the Parks and Rec
people.
Werner-Quade commented that she had attended the council meeting when the people
voiced concerns about the Leif Hansen Park noting she felt there concerns were valid.
Werner-Quade stated she felt that members of the council were sympathetic to these
concerns.
Smalley informed the Commission that Police Chief Morris would be the acting city
manager.
b. Borough Planning
Mr. Bryson was absent and unavailable for comment.
c. Administration
La Shot stated the item concerning the land transfer for the well had been originally
submitted with two pieces of land, one which is a large parcel of recreation land to the
north. The well house section is to the south. The borough would like to have a formal
request for the recreation parcel. La Shot stated he will be putting something together
to route through Planning and Zoning and Parks and Rec and then to council. La Shot
stated he didn't want to get questions and politics of that parcel involved with the well
house parcel so asked to have them separate.
La Shot advised the city is receiving a lot of comments about the gate at the beach and
the signs across the river. La Shot stated he felt at the next council meeting there may
be presentations regarding that.
11. PERSONS PRESENT NOT SCHEDULED:
Planning & Zoning Commission
Minutes
12. INFORMATION ITEMS:
Page 16
June 26, 1996
a. Kenai River Special Management Area Advisory Board Minutes of May 9, 1996
13. COMMISSION COMMENTS & QUESTIONS:
Werner-Quade commented that she had noticed that the Moose Family Lodge RV park
is in full swing complete with power and water. Werner-Quade asked if they were
getting an extra city water bill. La Shot stated they are not adding he felt it may be
time to send out notices to the fraternal organizations.
Glick advised he will not be at the next meeting.
14. ADJOURNMENT:
Meeting adjourned at approximately 8:40 p.m.
Respectfull Submitted:
Marilyn Kebschull
Administrative Assistant
C)a
STAFF REPORT
To: Planning & Zoning Commission Prepared By: JL/kw
Date: July 3, 1996 Res.: PZ96-49
GENERAL INFORMATION
Applicant: Johnson Surveying
P.O. Box 27
Clam Gulch, AK 99568
Requested Action: Preliminary Plat
Legal Description: Cerepa S/D No. 2 - Replat of Lots 1 & 2, Cerepa S/D
Existing Zoning: RS -Suburban Residential
Current Land Use: Medium Density Residential
ANALYSIS
City Engineer:
This plat reconfigures lots 1 & 2, Cerepa Subdivision (attached) into Lots 1 A & 2A,
Cerepa Subdivision No. 2. Setbacks, lot sizes, etc. appear correct. Water and
sewer is available to both lots. No installation agreement is needed.
Building Official:
No building code issues.
RECOMMENDATIONS
Recommend approval.
ATTACHMENTS:
1. Resolution No. PZ96-49
2. Preliminary Plat
3. Plat -Cerepa Subdivision
CITY flF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION N4. PZ 96-49
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat Cerepa Subdivision No. 2 - Replat of Lots 1 & 2, Cerepa
Subdivision was referred to the City of Kenai Planning and Zoning Commission on
July 2, 1996 and received from Johnson Surveying, and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1) Plat area is zoned RS -Suburban Residential and therefore subject to said zone
conditions.
21 Water and sewer: Available
3) Plat does not subdivide property within a public improvement district subject to
special assessments. There is not a delinquency amount owed to the City of
Kenai #or the referenced property.
4) Installation agreement or construction of improvements is not required.
5) Status of surrounding land is shown.
6) Utility easements, if required, shall be shown.
7) Plat must verify that no encroachments exist.
81 Street names designated on the plat are correct.
9) CONTINGENCIES:
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH
PLANNING COMMISSION APPROVE CEREPA SUBDIVISION NO. 2 -REPEAT OF LOTS
1 & 2, CEREPA SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED
ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, J~1LY 10 , 1996.
~ ;;
~~ ~ ~
CHAIRPE SON TT ST: Planning Secretary
L„r,l\P~r l''l J V DLl Y 1J1V1 V 1 tl V. L ~A ~
A replot of lots 1 ~ 2 Cerepa Subd.(KR 92-5)
Located in Gov.L°t 10~,SW1/4 Section 34,T6N
R11W.SM.City of Kenai.Alasl-cn
Kenos Recording District
Prepared for Prepared by
Fronk Wilshusen Johnson Surveying
Klano Lnne Box 2~
Kenai.Ak 99611 Clam Gu1ch,Ak 99568
SCALE 1" = 50' AREA = 1.556 acres 25 June.1996
~ KIANA LANE ~~ RCN-S 1/64
tit A Sec 34
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~ KR Deeds
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STAFF REPORT
To: Planning & Zoning Commission
Date: July 5, 1996
Prepared By: JL/kw
Res.: PZ96-50
GENERAL INFORMATION
Applicant: Integrity Surveying
605 Swires Drive
Kenai, AK 9961 1
Requested Action: Preliminary Plat -Misty Haven Subdivision #2
Legal Description: Replat Tract A -Misty Haven Subdivision
Existing Zoning: RS -Suburban Residential
Current Land Use: Medium Density Residential
ANALYSIS
City Engineer:
This plat splits Tract A, Misty Haven, into two lots. The two lots will share a
common driveway (cross hatched area). No installation agreement needed. Water
and sewer available.
Building Official:
No buildings exist.
RECOMMENDATIONS
Recommend approval.
ATTACHMENTS:
1. Resolution No. PZ96-50
2. Preliminary Plat
CITY OF KENAI
...::PLANNING AND ZONING COMMISSION
RESOLUTION ND. PZ 96-50
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat Replat Tract A -Misty Haven Subdivision was referred
to the City of Kenai Planning and Zoning Commission on July 3, 1996 and received
from Integrity Surveying, and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1- Plat area is zoned RS -Suburban Residential and therefore subject to said zone
conditions.
2) Water and sewer: Available
3) Plat does not subdivide property within a public improvement district subject to
special assessments. There is not a delinquency amount owed to the City of
Kenai for the referenced property.
4) Installation agreement or construction of improvements is not required.
5) Status of surrounding land is shown.
6) Utility easements, if required, shall be shown.
7) Plat must verify that no encroachments exist.
8) Street names designated on the plat are correct.
9) CONTINGENCIES:
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH
PLANNING COMMISSION APPROVE REPEAT TRACT A -MISTY HAVEN
SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, JULY 10 1996.
.1
.._ ~ ..
CHAIRPERSON A T ST: Planning Secretary
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~ ~' RENAI RIVER SPECIAL MANAGEMENT AREA
ADVISORY BOARD
Thursday, June 20, 1996 JUN 1996
Kenai Peninsula Borough Assembly Chambers ^~~a,.,
P~~,,~'y, , '::ai
I . CALL TO ORDER ~ `~
A. Roll Call
Members Present: Pat Bower, Chris Degernes, Ken Lancaster, Jim A.
Richardson, Tom Knock, Jim H. Richardson, Ted Wellman, Robin
West, Jeff King, Lance Trasky, Robin Nyce, Jack LaShot, Peggy
Mullen
Members Absent: Irv Carlisle, Ben Ellis, Duane Harp
B. Approval of May 9 minutes. The minutes were approved as
written.
C. Agenda Changes and Approval. The agenda was amended to
add a section on tonics to discuss with Governor Knowles during
the July 5, 1996 meeting with the KRSMA Board. Tre amended
agenda was then approved.
II. Public Comment
No comments were made by the public.
III. New Business
A. Nationwide Permits Discussion - Larry Reeder, Army Corps
of Engineers
The Board requested a representative from the ALOE to attend a
Board meeting to discuss the Nationwide Permit program. Larry
Reeder provided some background on the NW program, and described
how an individual may obtain a NW permit for specific types of
activities within wetlands or waters under the ACOE's
jurisdiction.
The discussion centered around how the ALOE could allow an
individual to fill wetlands under an asGortment of NW permits
after the State had found the applicant's individual permit
application inconsistent with the Alaska Coastal Management
Program. The applicant elevated his denial through the Director
and Commissioner levels and was still denied a conclusive
consistency determination. The ACOE then denied the individual
permit for the wetland fill proposal. The applicant then was
assisted by the ACOE to piece together NW permits to gain
permission to fill wetlands contiguous to the Kenai River.
Jim H. Richardson expressed a great deal of concern that the ALOE
disregarded extensive public and agency opposition to this
proposal and then issued a NW permit.
~ Renai River Advisory Board Meeting Minutes 3
June 20, 1996
agency representatives such as EPA, US Fish and Wildlife Service,
DEC, etc. that are not otherwise represented on the KRSMA Board.
Prior .to this meeting, several Board members will get together to
work on developing some draft recommendations for specific
segments of the river.
The Board briefly discussed the items that should be covered with
our meeting with Governor Knowles on July 5. They include a
briefing on the progress of the Management Plan, wetlands/Corps
of Engineer concerns, and funding support requests. Jim A.
Richardson will let the Board members know when and where our
meeting will be held as he is the person working with the
Governor's Office on this meeting..
IV. Public Comment
Walt Arthur expressed concern regarding the lack of coordination
and cooperation between agencies involved in permitting. He
requested that permit applications be available on the Internet
so that it is more efficient for applicants to obtain and file
permit applications. Lance replied that the Kenai River Center
will be making the applications available in just this way as
soon as their computer specialist finishes the task.
V. Adjournment
"A. Board Coamnents
Peggy: prefers not using the acronym "KRAB" to refer to the
Board, rather recommends that we use "KRSMA Board"
instead.
Robin W.: Update on projects within the Kenai National Wildlife
Refuge: The Moose Range Meadows Subdivision public
easement will be closed during the second run of
sockeye, but the property owners will be allowed to
fish there. US FWS is trying to acquire a parcel of
land from the Salamatoff Native Corp. to use as
substitute public access land for fishing access. It
could be developed with rest rooms, boardwalks, etc.
accommodate the public use. They are also working on
purchasing the undeveloped land owned by Salamatoff
upstream from Moose Range Meadows, with EVOS funds.
is looking good for acquiring lands held by the Kenai
Native Association below Skilak Lake and on the Moose
River also using EVOS funding. Construction work at
to
It
Lower~Skilak Campground will be progressing through the
summer. Restoration at Jim's Landing Campground is
complete, the orange fencing will be replaced by a
split rail fence this summer by the ACC crew and the
road will be relocated this fall.
"`tea'`- C~ ~/-a',r-~~e~c/
SUE A. AND FREDERICK C. DUTHWEILER
~ 37675 Cannery Road
Kenai, Alaska 99611-8716
Phone: (907} 283-2276 Fax: (90"71 283-28
City of Kenai
210 Fidalgo Street, Suite 200
Kenai, Alaska 99611- 7 7 94
June 27, 1996
Re: City Council Actions Taken ylay 1, 1996
Regarding Access to the Mouth of Kenai River
To Whom It May Concern:
~~
ia~
r
We have just learned of City of Kenai actions which significantly limit
vehicular access to the mouth of the Kenai River. Although discussions of
the meeting, as reported in the minutes, suggest that the action was in-
tended to protect "grass areas of the dunes above the mean high tide
lines", the action as taken goes much further. As implemented, tl-e land
use action severely restricts access to this popular site. Access along
the higher portion of this beach (of course excluding grassy areasl is
traditional, with rights of vehicular passage grandfathered over more than
twenty years.
If it were the City's intent to protect grassy areas, actiorr would have
been taken to place signs parallel to the shoreline about Len feet fZ'U[I-
vegetated areas. This compromise would have maintained established access
to the river without affecting beach grass stands.
It is in-pet•ative tl-at the City rescind its actions and renwve these signs
until such time as a safe and workable solution can be developed.
We have a number of practical ar-d procedural problems with this action.
They can be summarized as follows:
1. Lack of Clarity of City Actior-: Although discussions reported in the
May 1 City Council Meetir-g indicate that the intent is not to close
beach access, the fact is that reasonable access is denied to vel-icu-
lar traffic. This prohibition is not supported by the facts of the
situation. The signs have been placed far seawat•d from whet•e they
should be to protect grassy dunes.
City of Kenai
June 27, 1996
Page Two
2. Irrcreased Risk: This action serves to transfer vehicular traffic from
relatively flat beach land to considerably steeper sandy areas. It
also prohibits all high-tide access. Not only is the risk of getting
stuck in the sand greater farther seaward, but the environmental risks
associated with these incidents are far greater. Should a vehicle be
stuck in the sand during an incoming tide, the vehicle may be
overturned by the approaching tidewaters and gasoline and lubricants
spilled into the waters of Cook Inlet.
3. Improperly Placed Su ns: The most shoreward of the signs has been
placed very close to the low high tide mark. A more appropriate
location would be ten to twenty feet seaward of the grasslands.
4. Not in my Backyard: It shifts beach access and erosion problems from
the City to the Borough. Testimony in the minutes suggests that the
beach alternative at Cetecea be utilized as an alternative. This
serves only to divert vehicles onto the beach at a more southerly
entrance. These vehicles will proceed northerly along the shoreline
only to find their' passage blocked at the city boundary. On incoming
tides there may not be sufficient space to turn around.
Further, erosion related to vehicle damage is related directly to the
number of vehicle miles traveled along the beach. Diverting traffic
to a beach access point farther from the mouth of the river increases
erosion along an extended stretch of beach. Impacts to the beach are
increased, not minimized, when miles of travel increase.
5. Closes Right-by-Use Access Road: Use of this access has been grand-
fathered over time. The City does not have authority to close it.
6. Parkirrr; Area not Provided as an Alternative: No provision has been
rrrade for pedestrian access to the mouth of the river. Parking is
presently- prohibited near the posted area.
Should the signs remain as they are now, the City should take action
to grade the section line easement to its 66-foot wide extent to
provide arrgle parking near the beach entrance.
7. Beach Improperly Classified: Testimony supporting this action is
erroneous. In his testimony, Steve Perrizo is paraphrased as
describing the beach area as steep. I believe that had members of the
City Council visited the site all of them would have described it as
relatively flat.
City of Kenai
June 27, 1996
Page Three
8. City Failed to Provide Adequate Public Notice: Notice of this land
use action was not given to the Kenai Peninsula Borough or the neigh-
bors immediately to the south. Although the neighboring property is
outside the City limits, the City had an obligation to give notice
because this action has a serious and long term impact on neighboring
property. Had this action been covered by Section 14 of the City
Code, notification would have been required. In this case, the City
may have met the letter of the law, but the action did not meet its
spirit.
Furthermore, closures of reasonable access to popular fishery sites
such as the mouth of the Kenai River where individuals participate in
both sports and personal use fishing impact a far greater area than
just inside the City of Kenai.
9. No Alternatives Were Considered: It is extraordinarily short-sited on
the part of the City of Kenai to arbitrarily close such a popular area
witlrout considering options such as posting signs parallel to the
beach which restricted traffic within ten or fifteen feet of existing
vegetation.
~ A good and feasible alternative to this closure would be to develop an
access road from the northerly end of Bowpicl:er, across the wetland,
to the mouth of the river where some parking could be provided.
Viewing sites could be constructed along the way where families might
observe waterfowl. At the river, visitors could .fish, whale watch,
and observe returning fishing boats. This alternative supports the
city's goal of becoming a good host to tourists.
We are deeply concerned about the City's poorly considered action in this
matter. The decisions made by the City Council will have a significant
and long-lasting impact on my property immediately outside the cit5-
lirnits.
we would like to work with you to develop a reasonable solution to this
problem which will protect my property as well as that of my neighbors.
Sue is a retired environmental planner. She has spent many years working
with Slate and Federal agencies to obtain permits to construct develop-
ments in wetland areas. Her wont has involved planning site layouts in a
manner that minimizes potential impacts to sensitive areas. Her expertise
could be of value to the City in planning and permitting an important
recreational site at the mouth of the Kenai River. Should the City be
City of Kenai
June 27, 1996
Page Four
willing to commit to such a development on its land, she would be happy to
contribute her professional time.
Fred is a Professional Engineer who also has local development experience.
Together, we believe that a Kenai River access and use enhancement project
would benefit Kenai residents and businesses as well as other Alaskans and
tourists.
We also believe that such a project can and should receive funding from a
wide variety of individuals, agencies, and special interest groups. This
area is important to more people than Kenai City residents.
Please give us a call to discuss our concerns.
Sincerely,
Sue A. Duthweiler
Frederick C. Duthweiler, P.E.
cc: Acting Kenai City Manager Don Morrison
City of Kenai Planning Department
Kenai Peninsula riayor Don Gilman
Kenai Peninsula Planning Director Lisa Parker
Kenai Peninsula Clarion
Jeff Jefferson
iac
i ~ ~ KENAI PENINSULA BOROUGH
144 N. BINKLEY SOLDOTNA, ALASKA - 99669-7599
BUSINESS (907) 262-4441 FAX (907)262-1892
r' ' ~".~. _.~. .
e m o ra n DON GILMAN
u m MAYOR
1,~~ t~ 5 6 3g~~
~r ~ ~~~, o: Kenai Peninsula Borough Land Surveyors
/moo ~ ~ Mayor Don Gilman
N _ ~_~__~ ~~ Colette Thompson, Interim Borough Attorney
n ~~X~~, ~ Kenai Peninsula Borough Planning Commission
~~ g
`~c-~ ~ om: Lis r er Tanning Director
~~~''~,~~'?L'~t°~~~~ Date: une 28, 1996
Subject: Subdivision Plan Reviews
There have been a number of inquiries regarding the intentions of the Kenai
Peninsula Borough with respect to subdivision plan reviews following the
ADEC announcement of the proposed repeal of the subdivision plan review
regulations contained in 18 AAC Chapter 72.
The Borough proposes to amend Chapter 20 of the Borough Code of
Ordinances to require the final plat contain an engineers statement, including
signature and seal, stating the plat meets the requirements of applicable
provisions of 18 AAC Chapter 72.
The Planning Commission will be discussing the attached draft resolution at
the scheduled July 8, 1996 Planning Commission meeting. At this time, a
proposed ordinance will be considered by the Planning Commission on July 22,
1996 and introduced at the August 6, 1996 Assembly meeting with a request
for a shortened hearing.
In addition to the proposed resolution, I have included copies of a letter sent by
Mayor Gilman to ADEC Commissioner Michelle Brown and to Marianne See,
ADEC Director of Statewide Public Services.
I have also enclosed a copy of Resolution 96-22 "A Resolution Amending the
Fee Schedule for Submittal of Plats, Vacation Petitions, Street Name Changes,
and Establishing a Fee Schedule for Building Setback Exceptions, Material Site
Permits and Correctional Community Residential Center (CCRC) Permits"
adopted on June 24, 1996.
Should you have any questions on the enclosed information please contact me.
6/20!96
Draft #3
KENAI PENINSULA BOROUGH
Planning Commission Resolution 96-XXX
REVISING PROCEDURES FOR APPROVING SUBDIVISION PLATS WITH REGARD
TO SUBDIVISION PLAN REVIEWS
WHEREAS, the Kenai Peninsula Borough Planning Commission has been
entrusted with the responsiblifiy to provide minimum standards of survey accuracy and
proper preparation of plats, and to protect and improve the health, safety and general
welfare of the residents of the Kenai Neninsula Borough; and
WHEREAS, the Alaska State Legislature has eliminated the funding for the Alaska
Department of Environmental Conservation to review Subdivisions Plans in accordance
with applicable provisions of Alaska state law; and
WHEREAS,. effective July 1, 1996 the Alaska Department of Environmental
Conservation will no longer review preliminary plats submitted to the department; and
WHEREAS, Chapter 20 of the Kenai Peninsula Borough Code of Ordinances does
t?nt provide the Kenai Peninsula Borough Planning Department a~:rrority to enforce
applicable provisions of regulations developed by the Alaska Department of Environmental
Conservation; and
~NHEREAS, the right to subdivide property, in accordance with Kenai Peninsula
Borough Chapter 20, must be protected; and
V'v'HEREAS, the Kenai Peninsula Borough is amending Chapter 20 to identity the
final subdivision plat requirements for proposed wastewater disposal methods;. and
WHEREAS, the Kenai Peninsula Borough has requested the Alaska Department
of Environmental Conservation to continue to review plats until the. Borough has amended
the Borough Code of Ordinances; and
WHEREAS, the public is entitled to information regarding the suitability of new
subdivision lots for development.
NOW THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF
THE KENAI PENINSULA BOROUGH:
Section 1. That as a condition for Kenai Peninsula Borough approval of a final
1
~ subdivision plat one of the following requirements shall be met.
A. A signed statement from the Alaska Department of Environmental
Conservation noting their approval of the plat.
or
B. The final plat submitted for review and approval shall bear the following
certificate amd applicable signature/seal:
Engineer's Certificate. By affixing his/her signature and seal 'on the
plat the engineer certifies that he/she is a properly registered and
licensed engineer practicing in the State of Alaska, and that the
subdivision's proposed wastewater disposal methods comply with the
standards and requirements in 18 AAC72.300 - 72.380 as amended
through November 10, 1994.
Section 2. That copies ofi this resolution be sent to all surveyors on the Planning
Department mailing list.
Section 3. That Resolution 88-02, adopted April 4, 1988, of the Kenai Peninsula
Borough Planning Commission is hereby repealed.
Section 4. That this resolution takes effect immediately after its adoption.
ADOPTED BY THE PLANiv1NG COMMISSION OF THE KENAI PENINSULA
BORGv^vFi ON TNIS_ DAY OF JULY, 1996.
John Hammeiman, Chairman
Kenai Peninsula Borough Planning Commission
NOTARY ACKNOWLEDGMENT:
Subscribed and sworn before me this _day of Juiy 1996.
~ Notary Public for the State of Alaska
My Commission expires:
~ `~ KENAf PENINSULA BOROUGH
144 N. BINKLEY ~ SOLDOTNA, ALASKA 99669-7599
• BUSINESS (907) 262-4441 FAX (907)262-1892
'~
June 25, 1996 DON GILMAN
MAYOR
Ms. Michelle Brown, Commissioner
Alaska Department of Environmental Conservation VIA FAX
410 Willoughby Avenue, Suite 105
Juneau, Alaska 99801-1795
GG~C~
Dear Commission rown:
I have just reviewed the Notice of Proposed Changes in Wastewater Regulations which your
department has released as of June 24, 1996. During the recent legislative session there was considerable
discussion about this issue and I sent some comments to the Senate Finance Committee. A copy of those
comments are attached in case you did not see them.
As you can tell my understanding of the proposals and options did not include the Department
repealing the entire body of regulations. It was my feeling at the time that the Department would still retain
the standards for Water/Wastewater review and that the local government would assume the enforcement of
state standards by incorporating , by reference, the standards into the local subdivision ordinances.
I request that you continue to review the subdivision plats for a period of 60 additional days in order
to allow the local governments to adjust to the repeal of these regulations or, in the alternative, help develop
some other method for accomplishing the department's goals. My staff and the Kenai Borough Planning
Commission has had two work sessions on how to resolve this issue but they were not considering a repeal of
the regulations as one of the options.
If it would be of assistance I would try to facilitate a meeting of the interested municipalities to assist
in this matter.
Sincerely Yours,
Don Gilman
Kenai Peninsula Borough Mayor
Attachments
cc: Gov. Knowles
Marianna See, DEC
Parker, KPB Planning Director
Sen. Salo
Sen. Torgerson
Rep. Navarre
Rep. Phillips
Rep. Davis
C ~-
v ~ KENAI PENINSULA E30ROUGH
144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599
• BUSINESS (907) 262-4441 FAX (907)262-1892
•,, n-
••-+•ti.-•pp•
,~ DON GILMAt~
June 6, 1996 MAYOR
Ms. Marianne See, Director
Statewide Public Service Division
555 Cordova Street
Anchorage, Alaska 99501-2617
Dea%~J
The Kenai Peninsula Borough has begun the process of amending the Borough Code of
Ordinances to provide a requirement that final subdivision plats be signed by a certified engineer
and meet the requirements of 18 AAC 72.
The Planning Department is working with the Borough Legal Department to prepare the
necessary language to amend Title 20 of the borough code. I expect the draft ordinance to be
introduced. at the July 9,1996 Borough Assembly meeting. The earliest .the Assembly will be
able to consider and adopt any changes would be August 6, 1996.
In order to ensure the public health and safety of Kenai Peninsula Borough residents is
not compromised during this time period, the borough Urould request the Alaska Department of
Environmental Conservation continue to sign final subdivision plats until the borough has the
authority. Once the Assembly has c~n~id?red the propose;! ordinance, we anticipate the borough
will be able to assume this responsibility.
A copy of the proposed ordinance will be provided to your office. Your review and
comment on its contents would be appreciated.
Thank you for your consideration of this request during this transitional phase. Should
you have any questions please contact me.
Sincerely,
'sa. M. Parker
Planning Director
~ cc: Don Gilman, Mayor, Kenai Peninsula Borough
Les Buchholz, ADEC-Kenai Peninsula
Robbie Harris, Platting Officer, Kenai Peninsula Borough
KENAI PENINSULA BOROUGH
~~ PLANNING COMMISSION
RESOLUTION 96-22
A RESOLUTION AMENDING THE FEE SCHEDULE FOR SUBMITTAL OF PLATS,
VACATION PETITIONS, STREET NAME CHANGES, AND ESTABLISHING A FEE
SCHEDULE FOR BUILDING SETBACK EXCEPTIONS, MATERIAL SITE PERMITS
AND CORRECTIONAL COMMUNITY RESIDENTIAL CENTER (CCRC) PERMITS
WHEREAS, the Kenai Peninsula Borough Code of Ordinances 20.12.040, 20.28.065,
14.10.050, and 21.13.050 authorizes establishment of fees for certain applications,
petitions, and permits submitted to the Planning Department; and
WHEREAS, the fees for submittal of plats, vacation petitions, and street name changes
were established in 1987 and have not been amended since that date although costs for
advertising, postage, copying, and supplies have continually risen; and
WHEREAS, no fees have ever been charged for building setback exceptions although
these applications require notification by regular mail, staff research, and staff time to
prepare the reports and then record approved resolutions at the appropriate Recorder's
District office; and
WHEREAS, the fees for material site permits and correctional community residential
centers need to established; and
WHEREAS, the procedure to process the subject applications and permits involves
numerous hours; notification to adjacent property owners, lease holders, and interested
parties; and advertisement in local newspapers.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
KENAI PENINSULA BOROUGH:
Section 1. The following fees are hereby amended as follows:
A. Submittal of plat fees
a. not more than four lots/tracts $100.00
b. more than four lots/tracts (basic) $100.00
1) $5.00 per lot for 5 to 50 lots plus
2) $3.00 per lot for all lots over 50
c. Approved preliminary plats may be
revised and resubmitted one time '
only at no charge except for additional
lots. Subsequent revisions are subject
to above b.1) and b.2).
d. A fee is not required for final plat
submittal.
B. Vacation petitions $300.00
C. Street naming/renaming $300.00
Section 2. The following fees are hereby established as follows:
A. Building setback exceptions $50.00
B. Material Site Permit $300.00
C. Community Correctional Residential
Center Permit $300.00
Kenai Peninsula Borough Planning Commission Resolution 96-22 Page 1 of 2
Section 3. This resolution supersedes Planning Commission Resolutions 87-09 and
87-10.
Section 4. This fee schedule becomes effective 30 days after adoption.
ADOPTED BY THE PLANNING COMMISSION OF THE KENAI PENINSULA
BOROUGH THIS?~_ DAY OF ~une~ 1996.
ATTEST:
Maria E. Sweppy
Administrative Assistant
Q w~-- ,.~
J n Hammelman, Chairman
tanning Commission
Kenai Peninsula Borough Planning Commission Resolution 96-22 Page 2 of 2
AGENDA
RENAI CITY
1CENAI
A. CALL TO ORDER
COIINCIL - REGO'LAlt MEETING
JIILY 3, 1996
7500 P.M.
CITY COONCIL CHAMBERS
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.
H. SCHEDIILED PQHLIC COI~IIKENT (10 Minutes)
1. Benny Sean - Fair for Youth.
~ ":~'``1 2. Bne and Frederick Duthveiler - Access to Mouth of Kenai
~. ,~~~ ~ ~~/South Side.
c. PosLlc sEARS s _ ~~'`~ ~ ~'
None scheduled.
D. COMMISBION/COMMITTEE REPORTS
1. Council on Aqing
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning & Zoninq Commission
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 June 19, 1996.
-1-
F. CORRESPONDENCE
G. OLD BIISINE88
'~i~~ 1. Discussion - Extension of Water/Sewer Mains - Habitat
for Humanities/Habitat Acres.
g~~,~2. Discussioa/Approval - Letter Giving Written Notice and
Reasons for Proposed Removal of City Manager.
H. N~4P BUSINESS
1. Bills to be Paid, Bills to be Ratified
2 Purchase Orders Exceeding $2,500
3. *Ordinance No. 1705-96 Increasing Estimated Revenues
and Appropriations by $5,987 in the General Fund as a
Result of the Rural Community Fire Department Grant
Awarded to the Kenai Fire Department.
4. *Ordinance No. 1706-96 - Increasing Estimated Revenues
and Appropriations by $10,000 in the New Capital
Project Fund for a Phase I Environmental Assessment of
the Airport Jet Fuel Facility.
5. *Ordinance No. 1707-96 - Increasing Estimated Revenues
and Appropriations by $10,000 in an Existing Capital
Project Fund or Additional Drilling and Environmental
Testing at the City Maintenance Shop.
~~~~~Ydf 6. Approval - Assignment of lease/Lot 9, Block 1, Cook
Inlet Industrial Air Park from Harry O. Johnson, III
and Diane H. Johnson to Harry 0. Johnson, III, Diane H.
Johnson, Ronald G. Bridge and Marilyn J. Bridge.
EZECUTIVE SESSION - 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
-2-
J. DISCUSSION
1. Citizens (five minutes)
2. Council
R. ADJOURNMENT
-3-
I~~
KENAI PENINSULA BOROUGH
PLANNING COMMISSION
~': BOROUGH ADMINISTRATION BUILDING
CONFERENCE ROOMS A & B
SOLDOTNA, ALASKA
July 8, 1996 7:30 P.M.
Tentative Agenda
John Hammelman
Chairman
Areawide
Term Expires 1996
Philip Bryson
Vice Chairman
Kenai City
Term Expires 1998
Ann Whitmore-Painter
Parliamentarian
M®ose Pass Area
Term Expires 1997
Peggy G. Boscacci
PC Member
Seldovia City
;~ Term Expires 1997
Wayne Carpenter
PC Member
Seward City
Term Expires 1996
F~obert Clutts
PC Member
Anchor Point
Term Expires 1998
Wes Coleman
PC Member
Soldotna City
Term Expires 1996
Leroy Gannaway
PC Member
Homer City
Term Expires 1998
Ellis Hensley, Jr.
PC Member
Rlikiski
Term Expires 1996
Brent Johnson
PG Member
Kasilof Area
Temp Expires 1997
~ Tom Knock
PC Member
Cooper Landing
Term Expires 1998
A. CALL TO ORDER
B. ROLL CALL
f' .3 E~ x~ ~ ', K
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A.y~`
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~
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~t
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`~`
~\4 I
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C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT
AGENDA
All items on the consent agenda are considered routine and noncontroversial 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.
Time Extension Requests; Riverwood S/D
Location: West of the Kenai River & Woods Road, north of
Ciechanski Road
2. Plats Granted Administrative Approval
3. Plats Granted Final Approval Under 20.04.070 -None
4. KPBPC Resolutions -None
5. Coastal Management Program
a. Coastal Management Program Consistency Reviews
1) Ninilchik; Exploratory Gas Well (Ninilchik #1);
Marathon Oil Co.; AK 9605 - 01 OG
2) Chuitna; Exploratory Gas Well (Marie # 1); Trading
Bay Energy Corporation; AK 9605 - 02OG
3) Ninilchik; Exploratory Gas Well (Heather #1);
Trading Bay Energy Corporation; AK 9605 -
040G
Don Gilman, Mayor
Lisa Parker
Planning Director ;,
Maria 5w ~,
Admin. Ass~tant. ~
N
W;..~ ... .ti.$
b. Conclusive Consistency Determinations Received from
DGC
c. Administrative Determinations
6. Kenai River Habitat protection (KPB 21.18) -None
7. Commissioner Excused Absences
a. Peggy Boscacci
8. Minutes
a. June 24, 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.)
1. Lynda Zaugg, Director, Division of Community Corrections, State
of Alaska, Department of Corrections
E. UNFINISHED BUSINESS -None
F. PUBLIC HEARINGS
1. Ordinance 96-22: Amending Kenai Peninsula Borough Chapter
21.02 Regarding Advisory Planning Commissions
G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None
H. SPECIAL CONSIDERATIONS
1. KPBPC Resolution 96-24: Revising Procedures for Approving
Subdivision Plats with Regard to Subdivision Plan Reviews
2. Irish Hills Subdivision Tract B-1 -Building setback exception
KPBPC Resolution 96-23: Granting an exception to twenty foot
building setback limit for a portion of Tract B-1, Irish Hills
Subdivision Resubdivision of Tracts A & B (Plat 78-109 KRD),
Section 4, Township 3 North, Range 11 West, Seward Meridian,
Alaska; KPB File 96-126
3. Kenai River Estates -Exception to staking lot corners prior to filing
plat; KPB File 96-072
4. Proposed Classification of Borough Land
a. A Resolution Classifying the NW'/4NW%< Section 32, T3N,
R11W, S.M., Containing Approximately 40 Acres in the
2
Kasilof Area a Combination of Preservation and Rural
b. A Resolution Classifying Borough Land in the Cooper
Landing Area as Recommended by the Cooper Landing
Land Use Plan Update
5. An Ordinance Incorporating the Cooper Landing Land Use Plan
Update as an Element of the Kenai Peninsula Borough
Comprehensive Plan
6. An Ordinance Authorizing a Lease with an Option to Purchase to
the City of Kenai for Approximately 12.50 Acres of land for a Well
Site and other Public Facilities
7. A Resolution Setting a Fee Schedule for Filing Applications and
Issuance of Permits Within the Land Management Division
CONSIDERATION OF PLATS
Beluga Slough Trail; Homer City
Preliminary; Seabright Surveying
KPB File 96-101
2. A.A. Mattox 1958 Addn. No. 3; Homer City
(Name to Change]
Preliminary; Seabright Surveying
KPB File 96-103
3. Strawberry Fields Forever; Kenai City
Preliminary; Integrity Surveys
KPB File 96-112
4. S. A. P. Subdivision Byrns Addn.
North of Robinson Loop
Preliminary; Integrity Surveys
KPB File 96-119
5. Michael and Soya's S/D
North of Oilwell Road
Preliminary; Segesser Surveys
KPB File 96-114
6. White Earth Subdivision
Skyline Drive, north of Kachemak City
Preliminary; Herndon & Thompson
KPB File 96-115
7. Fishhaven S/D No. Two; Oilwell Road
Preliminary; McLane Consulting Group
KPB File 96-116
8. Cornwell S/D; Bernice Lake
Preliminary; McLane Consulting Group
KPB File 96-121
9. Alaska State Land Survey No. 95-65
Quartz Creek; Preliminary
Whitford Surveying
KPB File 96-117
10. Clay Family S/D No. Two; Cohoe Loop
Revised Preliminary; Whitford Surveying
KPB file 96-097
11. Igloo Village
East of Spur Road, north of Sport Lake Road
Revised Preliminary; Whitford Surveying
KPB File 96-008
12. Charles J. Doser S/D No. Two
Kenai River, east of Moose River
Preliminary; Whitford Surveying
KPB File 96-122
13. Dipper Subdivision; Oilwell Road
Preliminary; TWA Surveying
KPB File 96-118
14. Saindon S/D No. 2; north of Seward
Preliminary; Terry Eastham
KPB File 96-120
15. Kenai Townsite Old Town Village S/D
Kenai City; Preliminary
Terry Eastham
KPB File 96-123
16. Pavilion S/D Katava Addition
Mackey Lake; Preliminary
Wince-Corthell-Bryson
KPB File 96-124
J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None
L. OTHER/NEW BUSINESS
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
4
__
}
N. COMMISSIONER COMMENTS
P. ADJOURNMENT
The next regularly scheduled Planning Commission meeting is July 22, 1996 at
7:30 p.m. in the Assembly Chambers at the Borough Administration Building in
Soldotna.
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Soldotna Planning and Zoning Commission
June 19, 1996 Minutes
2. June 25, 1996 Letter from Linda Wright
3. June/July 1996 Touchstone
!~ RECEIVED
JUL I ~ 1996
6
~~~~'~I ~~G,~L ®EPT.
Memorandum
Date: 07/15/96 ~
To: Cary Graves, City Attorney
From: Marilyn Kebschull, Administrative Assistant
RE: Airport Buffer Zone
The attached packet of information was distributed to residents of Woodland
Subdivision. A copy was provided to me by a resident. I am now receiving signed
copies of the "petition."
Please instruct me as to how this information should be dealt with. Thank you.
~a~n~ ~-zY-96
~~~ ,
iia~a~
,.~/r ~.G +~-,
9,z,.~t"
cR~
~~,y~~
~b~g910=~
~a ~
h
NOTICE OF MEETINGS i `~ ~
~~
CITY OF KENAI -AIRPORT COMMISSION ~-~
CITY HALL - 210 FIDALGO ST., KENAI ALASKA
THURSDAY JULY 11,1996 - 7:00 P.M. ~~szlrt~t~
CITY OFKENAI -PLANNING & ZONING COMMISSION
CTTY HALL - 210 FIDALGO ST., KENAI ALASKA
WEDNESDAY JULY 24,1996 - 7:00 P.M.
PLEASE PLAN TO ATTEND THESE MEETINGS - ON THE AGENDA ARE TWO
ITEMS THAT CONCERN YOU: (1) THE AIRPORT COMMISSIOI~L WILL
CONSIDER RECOMMENDING THAT THE CITY BUY THE RICHKA PARK
ESTATES SUBDIVISION PROPERTY; (2) THE PLANNING & ZONING
COMMISSION WILL CONSIDER THE PRIME RESIDENTIAL ZONE WHICH
LIMITS SUBDIVISIONS TO SINGLE FAMILY RESIDENCES. COME AND TESTIFY,
OR COME TO SUPPORT YOUR NEIGHBORS WHO WILL BE TESTIFYING.
Background Information
In March 1995, Woodland Subdivision homeowners residing on Ash
Avenue, Maple Street, Beech Avenue, Walnut Avenue, and Sycamore Circle, as
well as homeowners residing on Birch Street and the area around 4th Avenue park
were notified by the City of Kenai of a proposed subdivision behind Woodland
Subdivision and across Richka Creek, off Birch Avenue. The developer proposed to
develop 57 lots (Richka Park Estates Subdivision) on the 40 acre parcel directly
behind Woodland Subdivision, between Woodland Subdivision and Float Plane
Road. Many homeowners were surprised to learn that this parcel was in private
hands, because they had been told by their developers and realtors that the City
owned this parcel. The proposed subdivision has 48 lots accessed by Birch Street
only, with the rest of the lots accessed by Beech Avenue in Woodland Subdivision--
both are small streets that don't ordinarily l~.ardle ::~.:ch t.Taffic. The proposed
subdivision plat calls for gravel roads, on site septic and clear cut lots. The
developer will not commit to single-family residential lots, so there is also the
possibility of duplexes, four-plexes or apartments. This type of development will be
detrimental to the property values of adjacent single family residences in Woodland
Subdivision
Many Woodland Subdivision homeowners, as well as Birch Street
homeowners, have worked for over a year to try to save this parcel from this type of
development, and to protect Woodland Subdivision from the increase in noise and
other nuisances that this type of development would bring. This parcel is the only
buffer left between the Kenai airport and Woodland Subdivision. Developing this
parcel will only increase the already increasing airport noise problem.
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~-ing the last year several Woodland homeowners formed an organization
knll~n as th Committee to Protect Woodland, Inc. which was incorporated in
A riyyl-Ma _1 5.
Committee members and other volunteers have testified at many Kenai and
Borough Planning and Zoning Commission meetings, filed a lawsuit, sent out
mailers, circulated petitions. We have testified at many Kenai and Borough
Planning and Zoning Commission meetings, filed a lawsuit, sent out mailers,
circulated petitions. So far we have been successful in delaying development on
this parcel, but we need your help to continue.
We are currently working on two major projects: (1) petitioning the Kenai
City Council to buy or trade fur the Richka Park Estates property, which the
developer does not oppose; and (2) lobbying the Planning & Zoning Commission
(and City Council) to adopt a Prime Residential Zone, which restricts development
in the zone to single-family residences only.
Purchase or trade by the City of Kenai. A proposal to recommend to the City
Council that it purchase or trade for the Richka Park Estates property is now in front
of the Airport Commission, for action at the July 11, 1996 meeting. We need people
to testify about how airport noise is a problem, and how the City needs to have
buffer areas between the airport and the residential areas near the airport. Since the
developer is .not opposed to the City buying the property, the City can use City funds
to purchase the property at a fair price, or trade other City property for the property.
We also need you to sign and send the enclosed petition to the City of Kenai, asking
the Airport Commission, Planning & Zoning Commission and City Council to
support this purchase/trade.
Prime Residential Zone. This zone was approved by the Planning & Zoning
Commission at their May 22, 1996 meeting, and the Commission's vote was sent on
for action by the City Council. However, during one of the June 1196 Commission
meetings, ~ti~ith r,o public :,otice, the Commission voted to reconsider their vote
approving this zone. The vote to reconsider this zone is scheduled for action at the
July 24, 1996 meeting. We need people to testify against reconsideration of the May
1996 vote to approve this zone -- in other words, testify in favor of this zone.
The lawsuit is also still pending, and we need contributions of money to help
defray the costs of the lawsuit, as well as the costs of these mailings you have
received. We also need contributions of time to do mailings and help with
organizing. If you have a young person at home with nothing to do this summer,
please contact us -- we will put them to work! Please send all requests for further
information or contributions to: Committee to Protect Woodland, Inc., c/0 110 So.
Willow St., Suite 101, Kenai, Alaska 99611, or call Mike Christian at 283-7944.
F : ~ `•
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WHEREAS, Kenai airport operations, including the building and operation of the
float plane basin, have lead to increased noise over the last 10 years, and this
increased noise is a nuisance and disturbance to Kenai residents who live near the
airport; and
WHEREAS, it is necessary and desireable for the City to provide and maintain buffer
property between the airport and residential areas around the airport, to reduce the
impact of Kenai airport noise;
NOW THEREFORE, the undersigned, resident(s) of the City of Kenai, hereby request
that the Kenai City Council purchase the property described as: SE1/4 NEI/4, sec. 31,
T6N, R11W, S.M., Kenai Recording District, Third Judicial District, State of Alaska,
as airport buffer property, to protect property owners west of the Kenai airport.
Date Name (si¢n, vrint) Mailing Address
SEND TO: Secretary, Planning & Zoning Commission /Airport Commission
CITY HALL - 210 FIDALGO ST., KENAI ALASKA 99611
TO: CITY OF KENAI -CITY COUNCIL, AIRPORT COMMISSION,
PLANNING & ZONING COMMISSION
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