HomeMy WebLinkAbout1996-09-11 p&z packet~ CITY OF KENAI
PLANNING AND ZONING COMMISSION
**AGENDA**
Council Chambers, 210 Fidalgo
September 11, 1996, 7:00 p.m.
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: August 28, 1996
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
a. PZ96-56-Ridgeview Estates Addition No. 1
6. PUBLIC HEARINGS:
a. PZ96-58-Encroachment Permit-Front Yard Setbacks (Zimco)-Lot 10, Block 7, Inlet View
Subdivision, Third Addition, Part 2
b. PZ96-59-Conditional Use Permit-Nightly Rental of Apartment (Craig), Lot 1, Block 6, Redoubt
Terrace Subdivision
7. NEW BUSINESS:
a. PZ96-60-Landscape Site Plan Review-Tract 4-B-4 (Pad "C"), Cook Inlet Industrial Air Park
Subdivision
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. Joint Work Session Notice-September 16, 1996 at 7 p.m.
b. Notice of Borough Planning Commission Action of August 26, 1996
c. Copy of letter sent to Kevin Walker
d. Start of Review-Cook Inlet 246-City of Kenai Corps of Engineers Permit Information
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
~~ 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
**MINUTES**
August 28, 1996
P-rior to the roll call being taken, Michael Christian was sworn in as the new Planning
and Zoning Commissioner.
1. ROLL CALL:
Members present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron
Goecke, Karen Mahurin, Michael Christian
Members absent: John Booth
Others present: Councilman Hal Smalley, City Engineer Jack La Shot,
Administrative Assistant Marilyn Kebschull
Acting Chairman Glick asked the Commission's wishes in regards to electing a
chairman since Kevin Walker's resignation. Bryson asked if Glick had any objections to
being the chairperson. Glick stated no.
BRYSON ASKED FOR NOMINATIONS FOR CHAIRMAN AND NOMINATED
GLICK. MOTION SECONDED BY MAHURIN. MAHURIN ASKED FOR
UNANIMOUS CONSENT. NO ONE OPPOSED UNANIMOUS CONSENT. CARL
GLICK ELECTED CHAIRPERSON. MAHURIN MOVED FOR PHIL BRYSON
AS VICE-CHAIR. SECONDED BY GODEK. MAHURIN ASKED FOR
UNANIMOUS CONSENT. NO ONE OPPOSED UNANIMOUS CONSENT.
BRYSON ELECTED VICE-CHAIR.
2. APPROVAL OF AGENDA:
GOECKE RECOMMENDED APPROVAL OF AGENDA ADDING THE
INFORMATION ITEM THAT WAS PASSED OUT TO THE AGENDA.
SECONDED BY MAHURIN. GOECKE ASKED FOR UNANIMOUS CONSENT.
AGENDA APPROVED.
3. APPROVAL OF MINUTES: August 14, 1996
WERNER-QUADE MADE CORRECTIONS TO MINUTES. UNDER MEMBERS
PRESENT NEED TO NOTE MAHURIN'S PRESENCE. ON PAGE 2, VOTE ON
Planning & Zoning Commission
Minutes
Page 2
August 28, 1996
PZ96-54, MOTION PASSED 5 TO 2 INSTEAD OF 5 TO 1. GLICK ASKED FOR
ADDITIONAL CORRECTIONS. ON PAGE 4, WERNER-QUADE NOTED THE
MEETING ENDED AT 1:15 A.M.
WERNER-QUADE MOVED TO APPROVE THE MINUTES AS CORRECTED.
SECONDED BY CHRISTIAN. WERNER-QUADE ASKED FOR UNANIMOUS
CONSENT. NO OBJECTIONS. MINUTES APPROVED.
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
GOECKE RECOMMENDED APPROVAL OF PZ96-57 LANDSCAPE/SITE PLAN
REVIEW FOR TRACT D-3 SPRUCEWOOD GLEN NO. 7. MOTION SECONDED
BY WERNER-QUADE.
Glick asked for additional staff comments. La Shot stated nothing additional; however,
noted a representative from McLanes present to answer any questions.
Mahurin stated there is nothing filled in on the application as to what the intent of
landscaping is. Rich Riggs with McLanes Consulting Group introduced himself. Riggs
explained everything is included in the site plan in items a through f with the exception
of item d. Mahurin asked Riggs to explain Type B seeding adding she is not sure if they
are planning to put shrubbery or leave trees.
Riggs explained that Type B seeding is identified in Note number 6 which explains the
application rate. The location of the dwarf mugho pines are identified in the legend and
shown on the site plans basically at the corner of the approaches and southwest
property corner. Where the mugho pines are not used, seeding will be done with
existing vegetation remaining on north side of the property. Riggs stated onsite snow
storage area will be on the north end of the parking area which will be gravel.
Drainage patterns are identified on the slopes indicated on the site plans, basically the
westerly portion of the parking lot flows to southeast to drainage swell to existing ditch
on Tern Ave. The northerly portion of the pad is surrounded by ditch which will be
excavated to existing sands. Riggs stated there will be a lot of ground water percolation
but anything that daylights will come out onto Tern Avenue.
Riggs stated the information they have is that it will be steel building, single story.
Planning & Zoning Commission Page 3
Minutes August 28, 1996
Mahurin stated she understand that the circles are the mugho pines and asked if it
shows that and she missed the information. Riggs stated it is shown on the site plan
legend, the ninth symbol down. Mahurin noted they were not given that information.
Christian asked what the acreage of the lot was? Riggs stated it is 2.959 acres.
Christian asked how much will be landscaped, is it 5 percent. Riggs stated he feels it
may be slightly less than 5 percent. Riggs stated he believes 5 percent is the City of
Kenai's maximum requirement. Riggs stated if you take into account existing
vegetation, stated he is not sure what the area is but could find that information out.
Christian stated he toured site today and stated if much of the vegetation is cut down
the apartments behind the lot will be looking right at the business. Christian added he
was wondering if there will be some way to protect their view adding he believes there
will be complaints if there isn't some way to protect the view. Christian added he is
afraid there will be overhead parking lights affecting the residential area as well. Riggs
advised he is unsure what the owner has planned for parking lot illumination.
Riggs stated the existing vegetation will remain on northerly section but where the
ditch does comes in on the easterly corner. Riggs stated the intent was to leave as
much vegetation as possible. Christian asked if there was no intention to leave any
natural vegetation in front. Riggs stated that was correct as far as along Tern Avenue
and Bridge Access.
Glick asked if this building will be similar to their present building only larger. Riggs
stated he believes so based on conversations with owner adding the plans have not been
finalized. Riggs stated he was told it will be larger than the present building and
similar to those constructed in Wasilla and Anchorage.
Christian asked if it will be an expanded version of what they have now. Riggs stated
that is correct. Christian asked if they are expecting to need 75 parking spaces. Riggs
stated there will be 78 spaces with two van accessible. Riggs stated their computations
came out with 63 spaces required so came out with additional spaces. Christian
commented he felt it seemed like a lot of parking spaces.
Christian asked if the 62 feet between the landscaping and the building itself would be
a drive. Riggs explained the original plan for parking adjacent to the building with five
foot walk between the building and the parking stalls. The owner, for budgetary
concerns, wanted to delete those parking spaces. Riggs added he plans in the future to
have parking there.
Glick asked where the loading ramp is if there is enough distance for semi to back up
without blocking Tern Avenue. Riggs stated the intention is to back in and leave trailer
set up with the landing gear. Riggs stated it will not be blocking Tern Avenue but they
may be in the right of way when backing up.
Planning & Zoning Commission
Minutes
Glick asked for further Commission discussion.
Page 4
August 28, 1996
Christian stated he is new and to be excused for sounding like he is lost. Christian
stated he thought the idea of landscaping plan was to enhance the look adding he
doesn't see that this will enhance look. Christian states he sees a bare metal building
with sign over it and scrub trees that will stay looking like plastic bushes and a little
grass and nothing but asphalt in front of it. Christian commented there is a beautiful
stand of trees there now and was wondering if we couldn't enhance area like some of the
other building sites in that area by leaving a few larger size trees in front. Christian
commented that these artificial type scenes do not enhance the building. Christian
stated he sees this as a problem especially with the large parking lot. Christian stated
it would seem we could sacrifice parking spaces to give larger landscaping or
landscaping inside the parking lot. Christian stated he thinks trees along the north,
the strip, was an after thought to qualify for 5 percent rather than to make a beautiful
site. Christian stated he has a question on that personally.
Bryson, asking La Shot to clarify, stated that he thinks the 5 percent refers to up to five
percent not a five percent requirement. Bryson stated he feels being a retail store they
definitely have a need for exposure and not something that can be obscured adding
might get away with a wholesale situation but not retail. Regarding the number of
parking spots, Bryson stated he was not knowledgeable about what they perceive as
their needs. If the city has a requirement for 60 some, they need to be there.
La Shot stated the code would require 63 spaces. La Shot stated they have found in the
past the code is minimal in requirements and normally recommend an additional 25 to
50 percent spaces. La Shot noted this is a large commercial business. They have 78
planned which is approximately 25 percent more spaces than they need and it looks like
they have space available for additional. La Shot stated he thinks they are wise in
doing that.
Mahurin stated she shares Christian's concern and the latest experience with another
steel building and the minimal landscaping that we have seen brings back the concern.
Mahurin noted she understands that we can't require them but perhaps concerns could
be shared with the owner and that we would like to see some natural trees left.
Mahurin stated that the new grass will be bright and wherever he (the owner) thinks it
would be possible we would appreciate whatever he could do and would recognize his
efforts to preserve the natural tree vegetation as possible. Mahurin noted that was all
that she could see the Commission could do.
Goecke stated as a retail business owner in this town, you can never have too much
exposure. If you start putting a green belt in front of a retail outlet, you cut down
exposure tremendously. Goecke stated you are putting a real burden on a merchant if
the people can't see his store.
Planning & Zoning Commission Page 5
Minutes August 28, 1996
Christian responded he is not talking about something would block but maybe two or
three trees on the sides. Christian noted if they were limbed up a ways you could still
see the store. Christian stated perhaps they could put some more on the side to break
up the asphalt look that is so the opposite of eye appealing.
Goecke commented that when you start working the dirt you will kill the trees anyway
because the root system of the spruce trees grows 50 feet in circumference or more and
three feet into the ground. It will be a matter of time before they die because the root
system has been disturbed. Goecke stated he doesn't have a problem with taking the
trees out to the front and the west side.
Glick stated it has been his experience with landscaping that single, big trees that the
wind will get them. But clumps of trees will stand. Glick stated it is better to plant
nice new ones like at the 7-11 at the corner of Willow Street. Glick noted that they
have grown up to be nice trees; however, it did take a while.
Bryson stated that requiring landscaping of this type has had mixed success. The 7-11
was done voluntarily and probably on state right of way and they have done well. The
variation of that was in front of the bowling alley where trees were left there and there
at considerable stress to the Planning Commission at the time. Bryson noted they are
not there now and nothing has been planted subsequently in their place. Bryson
commented that smaller plants as proposed are the better long-term solution. Bryson
noted shorter roots can adjust to soil configuration and presumably will be maintained.
Bryson noted on the Bridge Access they held parking back 10 feet that holds a green
belt on their lot that we can comment. The area in front is state right of way and if it is
to scale is probably 60 feet. Bryson noted we haven't had much compliance in that area.
Bryson stated he will be supporting the plan as proposed.
Glick asked for additional comments.
VOTE:
BRYSON YES
GOECKE YES
MAHURIN YES
MOTION PASSED 5 TO 1.
WERNER-QUADE YES
CHRISTIAN NO
GLICK YES
8. OLD BUSINESS:
9. CODE ENFORCEMENT ITEMS:
Planning & Zoning Commission Page 6
Minutes August 28, 1996
10. REPORTS:
a. City Council
Councilman Smalley stated a copy of the agenda is in packet. Under Item 3 there were
two items. Terry Linebarger was not in audience to speak but Assemblyman Nash was
here to speak about project park improvement for the handicapable wheel chair access
type park. This is possibly to be built possibly on the back side of Oiler Field between
the backside of the field and the golf course. After much discussion, it was remanded
back to Nash to visit with the Oiler board to talk about project and develop a more clear
cut proposal to bring back to council.
Mr. Kluge spoke to council concerning signage on Visitor Center. Kluge's concern was
letters to be placed on the Center approximately 15 inches tall that would identify the
building. This was a recommendation from the visitor's board. Smalley stated they will
be going forward with it.
The third item was with reference to construction of building off Beaver Loop belonging
to Mr. Garcia. Smalley stated the cement pad that is there is from an older building
that has been there and the building came down. They are building on top of the pad
and the corner of it is on city property where the property is. The chain length fence is
several feet away from the property line. It was Mr. Garcia's understanding that the
fence was on the line or even over onto his side when the fence went in years ago.
Smalley stated that is not accurate from the survey. Council requested another survey
completed and to try to remedy problem so that Mr. Garcia could continue with
construction or whatever that remedy is. Smalley noted the fact that the park is tied up
with agreement with the city that the land is to remain dedicated as a public park and
should it ever not be that it would resort back to the legal heirs, Cunningham estate.
Smalley reiterated the city is looking into that.
Items C1-4, 5, 6, 7 all passed. Item C-7, the Doors and Windows unlimited contract, is
replacing the complete mechanism been there since 1983. Smalley commented it will
not make it through the winter noting the wear and tear the doors have received over
the years. Smalley stated he believed Doors and Windows the only bidder and thinks
they put the first set in.
Item G1, Leif Hansen Park policy, Smalley reported there has been much discussion on
this in the past. Parks and Rec sent council a recommendation some time ago. That
recommendation left it up to the city manager and Parks and Rec director to determine
what could be held there. Council remanded it back to Parks and Rec. They came back
to council with recommendation that is more stringent and more comprehensive
identifying the uses that they would like to have at the Memorial Park. A letter from
Dr. Hansen was there and several other individuals identifying what they would like to
and not to see there. Council accepted the recommendation of Parks and Rec which
could eliminate the River Festival from using the facilities. Some of the objections was
Planning & Zoning Commission Page 7
Minutes August 28, 1996
to the commercial type of activities that were ongoing in the festival. Some of the
council members and all of the Parks and Rec thought the new facility with the $50,000
restroom, green strip, etc. would be more appropriate.
Smalley explained that under Item 2, the city has an agreement with Mr. Cherrier in
Old Town behind his apartments to hopefully get the paving project completed. The
city and Cherrier had had discussions about paving he wanted done. An agreement has
hopefully been reached to pave right of way through there. Smalley stated that in the
process they found additional sand and silt there so will be additional costs, between $7
and $8,000. Smalley noted this is a grant project from the ISTEA program.
Smalley stated that under New Business, Item 6 they scheduled next Wednesday, a
Board of Adjustment on the Prime Residential zone. The City Council will hear the
appeal and has 30 days to respond with a decision.
The city is going on with it's ADEC matching grants request proposal. Smalley
reported the Snug Harbor leases were amended to make modifications in some of the
parking and storage areas at the dock to actually help them have more space which will
help alleviate confusion. Also the city and the Harbor Commission is going to be
developing a proposal to have longer term leases on the dock facilities and staggering
them so they don't come due at the same times.
Also set for the next meeting is to begin the review and the search for the next city
manager. Smalley stated they will look at advertising from three years ago and make
determinations as to scope of the search. Smalley noted there are a lot of time
restrictions attached to different advertising companies. In addition, they will discuss
how in-depth the search will be, nationwide, limited to certain areas, etc.
Ex-police chief Rick Ross will become the interim city manager effective Wednesday,
September 4th.
Goecke asked about the item under New Business, #4, if he is being given $35,000 if he
is here for a year or a month. Smalley stated he will be paid $7,000 per month. Ross
will be responsible for all taxes, etc. adding he will have no other benefits. Council felt
that he should be paid equal to or a little more than the highest paid city employee
noting the highest paid city employee is paid approximately $7,000 a month. Ross is
looking at it as a short term position. Smalley stated they anticipate finding a new city
manager in January or February.
b. Borough Planning
Bryson stated the August 26th KPB Planning Commission agenda is in the packet.
Item C, the consent agenda, was approved unchanged. The land use permit requesting
Planning & Zoning Commission Page 8
Minutes August 28, 1996
i to operate a halfway house in North Kenai. Bryson noted this had gone through work
sessions and public hearings. The legal department of the borough reviewed comments
that the Planning Commission had given them and made a determination has to the
appropriateness and defendability if applied as a condition of operation. Keeping that
in mind, the resolution was approved with all conditions that the legal staff felt
defendable. Some items were eliminated. No additional comment from the public at
that time.
Bryson reported the public hearing items were all approved. Bryson noted the vacation
not requiring public hearing was postponed. The platting waiver was approved. Item
H-2, was an appeal of the Planning Director's decision as to whether a borrow pit
already existed because he had gone through the expense of planning. The item was
approved and reversed the Director's decision.
Bryson stated that concerning highway speed limits they approved a recommendation
from the state and borough concerning modification of speed limits in Moose Pass and
Cooper Landing and Oilwell Road in Ninilchik. Additionally there was testimony
received concerning the Sterling Highway from Kasilof to Clam Gulch be added for
request for modifications for speed. They were added to the request.
All plats were approved.
Bryson stated that concerning the Kenai River Habitat Protection, there were five
requests for CUP. The first concerned a woman requesting to move a cabin and was
approved. There were four somewhat similar requests in Poacher Cove Subdivision to
construct car ports. The first lot 47 denied, lot 57 withdrawn, lot 56 was denied, and
the fourth was found to have initiated construction prior to the applicable date of the
ordinance grandfathering what was proposed. This effectively grandfathered in the
action.
Approved Item K of the Coastal Management Program.
b. Administration
La Shot stated he has been gone on vacation and has nothing to report. He offered to
answer any questions.
Smalley added that council had a discussion on attempting to place some type of control
of vehicular traffic on the bike path. Smalley stated he thinks there will be a public
hearing to receive input from community to assist in controlling the traffic and
protection of the green strips.
Planning & Zoning Commission Page 9
Minutes August 28, 1996
Christian asked if they discussed barriers. Smalley stated that this is on right of way
and the city wouldn't be involved in that. There was discussion about putting a barrier
between Carrs and Dairy Queen and thinks someone is being contacted about that.
Smalley stated that as far as any kind of barrier on the bike path itself noted he thinks
the city may be making the request. Smalley added he feels the state will advise the
city if they want to do it to take care of it. Glick asked if the city had been made to
remove the one at Beaver Creek. Smalley stated yes because they considered it an
endangerment. Mahurin asked what kind of vehicles they are talking about. Smalley
stated any motorized vehicle. Glick commented he noticed the bike path is getting a lot
of use. Smalley stated project should be finalized Friday adding council had given them
a list of items to work on. La Shot stated they did a walk through today.
Goecke stated he had talked last week with the engineer in charge of this project,
Chuck Sweenor. Goecke added he has felt that the traffic lights were laid out
inefficiently and stupidly in this town. Sweenor did not disagree and provided the
name of Tim Vigg of USKH in Anchorage. Goecke stated he called him and voiced his
concern. Vigg stated it didn't sound right and would check into it. And added that the
state probably does not have anyone on the payroll who repairs or times the clocks.
Goecke stated that is exactly what the problem is. Vigg provided another name, Dennis
Morford, adding that he hasn't called him. Goecke stated the IC Act which is federal
moneys-short for intermodel carrier act. Vigg stated he thinks this project of putting
lights on a clock so if you it the first one green, and drove the speed limit, you could go
all the way through town could qualify for the program. Vigg stated it would bear some
looking into that there would be moneys available through this act to do that.
Smalley stated he felt that the City has a thick folder in dealing with communications
with the state adding that Goecke should visit with Kornelis and La Shot and share the
information. Goecke stated the three new lights are not tied together, there is no
intercommunication between them.
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:
Planning & Zoning Commission
Minutes
Page 10
August 28, 1996
Mahurin welcomed Mike Christian and congratulated Teresa on the birth of her baby
after the last meeting.
Bryson stated he is appreciative of the map but several things concern him. Bryson
stated there are several areas on the plat that he does not remember being rezoned.
Bryson listed the industrial arts building shown as being RS-1 or 2, Inlet Woods shown
as RS-1 or 2. Don't think they should be depicted as such unless there is
documentation. Also near Hall's new building, small situation, yellow reduced so that
it is not the depth of the other lots. Bryson stated he remembers the lots were replatted
but doesn't remember any rezoning. The adjacent lot that Hall made the trade with
should have a split zoning until formally modified. On the other side of the block on
Birch Street two lots are shown as being commercial. One belongs to Swearingin.
Bryson stated he doesn't think those are commercial lots. Bryson stated there was
never any rezoning there. Bryson requested administration follow-up on these. Bryson
noted that this does come from the Borough.
Christian thanked everyone for welcoming adding that he hopes he is not too much of a
pest with his questions. Christian asked if there is any intent to fill in the trench
across Birch. La Shot stated that was done by the utility company and should be
patched. Christian offered a comment that as a person who sat in the audience that the
sound doesn't carry well to the audience. Christian asked if this could be checked
adding that Bryson's voice tends to be soft and hard to hear.
Werner-Quade welcomed Christian adding that the map is beautiful. Added hopes to
get an addendum sheet with corrections. Werner-Quade commented that the highway
is beautiful.
Smalley asked La Shot about where they are working on the lights in town. Smalley
stated they are digging into asphalt and replacing with cold patch. Smalley stated that
he understands that they believe it is patched. La Shot stated he will check on it.
14. ADJOURNMENT:
Meeting adjourned at approximately 8:05 p.m.
Res ctfully submitted:
i
Mari yn Kebschull
Administrative Assistant
~--
STAFF REPORT
To: Planning & Zoning Commission
Date: August 20 & 30, 1996
Prepared By: JL/mk
Res: PZ96-56
GENERAL INFORMATION
Applicant: Integrity Surveys
605 Swires Drive
Kenai, AK 9961 1
Requested Action: Preliminary Plat
Legal Description: Ridgeview Estates Addition No. 1
Existing Zoning: RR (Rural Residential)
Current Land Use: Low Density Residential--Undeveloped
ANALYSIS
City Engineer:
Installation agreement is required. KMC requires owner's signature on plat.
Building Official:
The owner wishes to subdivide a large parcel into 5 lots. Adjacent Reidel
Subdivision-Lot 2 requires an installation agreement upon further resubdivision.
Consequently, subdivision of Ridgeview Estates would require an installation
agreement to construct King Salmon Drive to access Lots 1 through 4.
RECOMMENDATIONS
Approval with installation agreement.
ATTACHMENTS:
1. Resolution No. PZ96-56
2. Preliminary Plat
CITY OF-KENAI
PLANNING AND ZONING. COMMISSION
RESOLUTION ND. PZ 96-56
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 Ridgeview Estates Addition No. 1 was referred to the
City of Kenai Planning and Zoning Commission on _ August 13, 1996 and received
from Integrity Surveys ,and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1) Plat area is zoned Rural Residential and therefore subject to said zone
conditions.
2) Water and sewer: Not Available
31 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 required.
5) Status of surrounding land is shown.
6) Utility easements, if required, are shown.
7) Plat verifies 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 RIDGEVIEW ESTATES ADDITION NO. 1.
SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, SEPTEMBER 11 , 1996.
. ~~, ~~,
CHAIRPERSON A T T: Planning Secretary
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STAFF REPORT
To: Planning & Zoning Commission
Date: 8/28/96
Prepared By: JL/mk
Res: PZ96-58
GENERAL INFORMATION
Applicant: Marc Zimmerman, Zimco Inc. for James Dye
217 Susieana
Kenai, AK 9961 1
Requested Action: Encroachment Permit
Legal Description: Lot 10, Block 7, Inlet View Sub., Third Addition, Part 2
Existing Zoning: RS-1 -Suburban Residential 1
Current Land Use: Residential
ANALYSIS
City Engineer:
The applicant previously obtained a variance to encroach within the rear yard. The
house was constructed; however, an encroachment within the front yard (6") was
also created.
Building Official:
Applicant is requesting an encroachment permit for 6 inches on the front set back.
No building code will be compromised by allowing this encroachment.
RECOMMENDATIONS
Approval.
ATTACHMENTS:
1. Resolution No. PZ96-58
2. Application
3. Drawings
CITY OF KENAI`
PLANNING AND ZONING COMMISSION
ENCROACHMENT PERMIT
RESOLUTION NO. PZ 96-58
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED
BY 14.20.185 OF THE KENAI MUNICIPAL CODE FOR:
NAME: Marc Zimmerman, Zimco Inc. for James D
LOCATED: 217 Susieana, Kenai, Alaska
LEGAL: _Lot 10, Block 7, Inlet View Sub., Third Add. Part 2
BY: Marc Zimmerman
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section 14.20.185 (c) has
been submitted and received on August 23, 1996 .
2. This land is on land zoned RS-1-Suburban Residential 1 .
3. That the applicant has demonstrated with plans and other documents that he
can and does meet the following specific requirements as set forth in Sec.
14.20.185 (d):
(1) An encroachment as defined in KMC 14.20.185 (a) exists.
(2) The encroachment does not encroach upon a Federal, State or City right-
of-way or utility easement.
(3) The issuance of the encroachment permit will not authorize a use which
is not a principal permitted use in the zoning district in which the
property is located.
(4) The encroachment is not located across a platted lot line.
4. That a duly advertised public hearing as required by Section 14.20.280 was
conducted by the Commission on September 1 1, 1996.
NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of
the City of Kenai that the applicant has demonstrated that the proposed
development meets the criteria for said permit and therefore the Commission does
authorize the permit to be issued.
PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this
1 1 t`' day of September, 1996.
G-~
_, ~/
A ST: Planning Secretary CHAIRMAN
AIJG '~ ''~6 [t4:51i~M t:ITY ~~7F 6:Ef`It~I '?t~~ E~_=; _s~1~
P. 1!8
'1791-1991
~{YY OF KENAI
_ 210 FIDALGO KEflAI, ALAS
TELEPHONE 283.7
FAX $p7-283.3
APPY..,Y~A1"~QN FAR ENCRQAC~MENT PERMIT
~;NAME~~ YY)c~,rC~~ v~~r ~ Ztvv~cb 1v~c,.~ 3-ova~ez ~~~
`:STREEf1'"ADDRESS ~ 1 `~ S l.i.~ le~vl~ti, keVlci~,, 1~1~ I~cL, G~ f~
kIAII,I~NG AI~ARE'S S LAC ~ Banc s'`15S 5 p 1d~via. 1 coo krti ~4 ~ ~ S
~LEGAL:'.DESCRIP'TIOPI ~+ b t ~c.~ 7 1 2-1- ~/ )e S ~c~lJtsi~
~~~'dI4ING' DZ~STRI~CT
',(C~;rc~.e.:1) . C CC CG RR
RU R II, IH RR-1 RR-2 R5 `RS-1; RS-2
~~:PH~NE ~ a(~~-~i fS3Z.
Section 14.201.185 of the Kenai Municipal Code outlines regulations
for Encroachment Permits which is the relaxation of tY~e Development
Requirements Table to remedy encroachments which da riot fall under
Section 14.20.050, nonconforming uses and which satisfy the
requirements of financial institutions subject to the follawiryg
Ganditions: PLEASE READ TAE FOLL0IPING, COMPLETE T8E BLANAS AND
INITIAL THE SPACE AFTER THE ITEM NUMBER Td INDICATE ~'HA'1' YOU HAVE
RLAD AND UNDERSxAx1D R'HESE CONDtTIQNB,
1. M? _ Art e _ craachment means any abject or structure above ox
below ground and constructed or located in a manner other
than set forth in the Development Requirements 'Table.
2. TM~ Provide a site plan of the property including location of
all existing I~uildings, rights-of-way yr easements,
setbacks, elevations, and any data pertinent to the
application.
3 , ~ ~- Ps Public Natificattion and Hearing is required before the
issuance of this permit. P.. $105:'.OQ non-refundable
deposit/~,dvert~.sing fee is .required to cover these
notification costs. (P~.ease see attached procedurEa sheet)
A D D I T I O N A L C 0 M M E N 7' S
Signature of Applicant : ' /~/ ~ C !~'`~ y _~
,~
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n ~~ ~ °~~~V - house /// ~^~
`j ...ti Ise a G~ o4tached ^f• ro ~ cki~
~_/.: coy ''.fA garage ~cy~+~ y
O ~ ;f ~ ry a`o ~D apt OQ'
~ Lot ~~ < ~`~ Q tee' ~° O~'
SSA j ra, ~~
°~,o Seven ~~~
.US•
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LCGCND
'1• Rabar~('ipe (found)
~ Vent Pips
Scale: 1" 3U' F°,13. 96-6, pg. 6
KfNAI F2ECORi~ING DI57RiCT
Plat: 86-79U Uate: 1?_ August, 1996
Drawn: RE,W W, p, ~ g6U47 Disk: D15\Inlet View
605 Swirey Drive
Kenai, Alaska 996118363
SURVEYOf25 PHONE (gU'~} 283•-9ph'I
r:av ~__ {gU7 PLANNFR~
283-Ap71
~,a~ o
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~v~ ~
a~p~ ~~~
~r~.1,.~~~c,~~iaN
AsTRuilt Certificate
I hereby certify that the lmprowirnante hereon exist
os shown on the fallowing described property.
`..~_Lot 10 Qlor~ ~a ~o~,
J.nlet View Suh~._ Tbird (~~r~. Part _Tt~.~
and that no encroachments exist except p9 (ndicatad,
Exclusion Note;
it is the responsibility of the Owner to deterrrllne the
existence of any easements, coverranla, yr restrictions
which do not oppeor on the racvrded subdlvisivn pivi.
Under no circumstahc®s should any data herepn be
used for cvnstructlan or ivr establl5hin<~ boundary yr
fencc+ Ines.
~~
CITY OF KENAI
~~ ~~ e~:~~ ~ ~~~„
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
a-a~cny
1I~II~
1992
CITY OF KENAI
PLANNING AND ZONING COMMISSION
PUBLIC HEARING NOTICE
The following public hearing has been Scheduled for the Planning and Zoning
Commission Meeting of September 1 1, 1996:
An application for a Conditional Use Permit for nightly rentals of
apartments for the property described as Lot 1, Block 6, Redoubt
Terrace Subdivision (406 S. Forest Drive), Kenai, Alaska.
The Meeting will commence at 7:00 p.m. in the City Hall Council Chambers.
Anyone wishing to present testimony concerning this permit should do so at the
hearing or submit written comments to the City of Kenai, Planning Department,
210 Fidalgo, Suite 200 Kenai Alaska 9961 1-7794 prior to September 1 1 th. For
more information please contact Jack La Shot or Marilyn Kebschull at 283-7933.
YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY
WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY
August 28, 1996
STAFF REPORT
To: Planning & Zoning Commission
Date: August 28, 1996
Prepared By: JL/mk
Res: PZ96-59
GENERAL INFORMATION
Applicant: F. DeWayne Craig
P.O. Box 1613 511 N.E. 135th Street
Kenai, AK 9961 1 Vancouver, WA 98685
Requested Action: Conditional Use Permit-Nightly Rental of Apartment
Legal Description: Lot 1, Block 6, Redoubt Terrace Subdivision
Existing Zoning: RS-Suburban Residential
Current Land Use: Medium Density Residential
ANALYSIS
City Engineer:
The applicant wishes to rent his existing apartments by the night. The property is
at the end of Forest Drive South and traffic to and from the site is limited to that
street. The beach is to the south and Municipal Park is across Forest Drive South.
Building Official:
No building code issues.
RECOMMENDATIONS
Approval after consideration of public input.
ATTACHMENTS:
1 . Resolution No. PZ96-59
1 2. Application
3. Drawings
CLTY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ 96-59
CONDITIONAL :USE FERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR:
F. DeWAYNE CRAIG
USE NIGHTLY RENTAL OF APARTMENT
LOCATED 406 S. FOREST DRIVE (Lot 1, Block 6, Redoubt Terrace Subdivision)
WHEREAS, the Commission finds:
1) That an application meeting the requirements of Section 14.20.150 has
been submitted and received on: August 26, 1996
2) This request is on land zoned: RS-Suburban Residential
3) That the applicant has demonstrated with plans and other documents
that they can and will meet the following specific requirements and
conditions in addition to existing requirements:
a.
b.
4) That a duly advertised public hearing as required by KMC 14.20.280 was
conducted by the Commission on: September 1 1, 1996
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS
DEMONSTRATED THAT THE PROPOSED CONDITIONAL USE PERMIT MEETS
THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE
COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE
APPROPRIATE PERMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, SEPTEMBER 11, 1996.
CHAIRPERSON
ATTEST: Planning Secretary
~ii~'-~~
,~
CITY OF KENAI
CONDITIONAL USE PERMIT
NAME j~ 7 ~, ~
PHONE ,~Q3-3 ~ pr 31co) S"J3-~y7~ UadzC~-~uuer I~.~A
MAILING P, ~• t3uX ibt3 51/ >Ll•C, /3.~ t!t Sr
ADDRESS K~y~ ~K 99w11 ~'~~ U~t,~~ccuvzv', (.c)f~ g8(cE~
ADDRESS ~ D S , Fa r~ s -" ~ l
LEGAL Lut (, B(ock.. !o ~~-c~io~Ab~t T~v-^ac~ Sctbd~vis~o~~
DESCRIPTION r r n f' ~ ~ ~f 7
ZONING C RR RR-1 RS RS-1 RS-2 CC CG IL IH R RUl
DISTRICT
Section 14.20.150 of the Kenai Municipal Code outlines regulations
which allow Conditional Use Permits for certain developments.
PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL. THE
SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND
THESE CONDITIONS.
A Conditional Use Permit issued by the Kenai Planning
and Zoning Commission is required for some uses which
may be compatible with principal uses in some zones
if certain conditions are met. I understand a
conditional use permit is required for the proposed
development as described:
C)cL~P,~ ren'I"at ~~~ ; + h h r~c~.K -4=as fi SeY~1i~ e~
Please submit site Plan, Map (if available) and
_Traffic Flow & Parking
Please submit plans showing the location of all
_ existing and proposed buildings or alterations,
elevations of such buildings or alterations, and data
s may be required.
A Public Notification and Hearing is required before
the issuance of this permit. A $105-.00 non-refundable
positJadvertising fee is required to cover ~es
notification costs. (Please see attached shee~~°: .~<,~.>_
~~ ~~ ~~
~,.
An approved conditional use permit shall lapse twelve
months from the date of approval if the nonconforming
use for which the conditional use permit was approved
has not been implemented. The Commission may grant a
time extension not to exceed six months upon a
finding that circumstances have not changed
sufficiently since the date of initial permit
approval. A request for extension must be submitted
prior to expiration of permit. A public hearing
shall not be required as a condition to granting the
extension.
ADDITIONAL COMMENTS:
Applicant Signature:°`~. ~ Date: ~ ~~ ~ ~ ~
Approved at P&Z Meeting:
Approved: Chairperson Attest:
i __ _____
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THIS MAP !S PP.EPAREG
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BOR4UI~H P.SSESSING DEPT.
USE r~NIY /?ND l:; NOT
ItlT'chlC'ED FOB Ar•lY
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NOTE - r"~sse~sor clock hiumbers shown In Eliir~S2s
ASSessClr _ ='~lrc~l tlurnber~ SfioLrvn in ~~irCie~
/~
STAFF REPORT
To: Planning & Zoning Commission
Date: September 5, 1996
Prepared By: JL/mk
Res: PZ96-60
GENERAL INFORMATION
Applicant: Allan J. Norville
301 Riverside Drive
Soldotna, AK 99669
Requested Action: Landscape/Site Plan Review
Legal Description: Tract 4-B-4 (Pad "C") Cook Inlet Industrial Air Park Subdivision
Existing Zoning: CG-General Commercial
Current Land Use: Undeveloped-Commercial Adjacent
ANALYSIS
City Engineer:
The KMC requires a Landscape/Site Plan review for all new commercial
construction. Drainage should be adequate-administration will review detailed
plans. Snow storage arrangements are the responsibility of the owner.
Building Official:
No building code issues. Parking appears to be adequate.
RECOMMENDATIONS
Approval with any contingencies per the Commission.
ATTACHMENTS:
1. Resolution No. PZ96-60
~ 2. Application
3. Drawings
CITY OF KENAI
PLANNING ANDZONING COMMISSION
RESOLUTION NO. PZ_96-60
..LANDSCAPING/SITE PLAN RE~TIEW
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:
Allan J. Norville, Kenai Plaza Annex ,and received on
September 3, 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, SEPTEMBER 11TH , 1996.
CHAIRMAN
ATTEST: Planning Secretary
LANDSCAPING/SITE PLAN REVIEW
APPLICATION
APPLICANT / E ~-A- nI N tz ~,~
ADDRESS '
S P ~ I G c,J
MAILING ADDRESS p lVE S DC ,2i v
PHONE 2~2- 2, ~
ZONING C RR RR-1 RS RS-1 RS-2 RU CC CGS IL R TSH
DESIGNATION- (Circle one)
LEGAL PROPERTY
OWNER /-~ ~Lq-n.1 J . ~ O 2 V (c..L~
Please include the following in the Site Plan. If not applicable please put an NA next
to the item.
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. Identification 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.
Additional comments:
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AGENDA
RENAI CITY COUNCIL - REGULAR MEETING
SEPTEMBER 4, 1996
7:00 P.M.
RENAI CITY COUNCIL CHAMBERS
BOARD OF ADJUSTMENT HEARING - Appeal of Michael Christian
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. SCHEDULED PUBLIC COMMENT (10 Minutes)
C. PUBLIC HEARINGS
1. Ordinance No. 1713-96 - Increasing Estimated Revenues
~~~`~~ ~ and A ro riations b
PP P y $15,386 in the General Fund as a
Result of Receiving Two Library Grants.
~~~~~ 2. Ordinance No. 1714-96 - Increasing Estimated Revenues
and Appropriations by $35,000 in the General Fund for
Contracted Services of an Interim City Manager.
~~ Gl 3. Ordinance No. 1715-96 - Increasing Estimated Revenues
and Appropriations by a Net Amount of $21,887 in Three
Senior Citizen Funds.
:l~. Ordinance No. 1717-96 - Increasing Estimated Revenues
and Appropriations by $100,000 in a New Capital Project
Fund Entitled "Kenai Dunes Restoration Project."
~
~ ~
~~ ~ a. Motion for Introduction
~.D~ ~~ b. Motion for Second Reading (Requires a Unanimous
~~'~x~ ~. Vote)
c. Motion for Adoption
Q ~ ~ Resolution No. 96-64 - Formally Accepting a Grant from
/~ the State of Alaska, Department of Fish and Game,
Department of Natural Resources, and Exxon Valdez Oil
1
Spill Restoration Office in the Amount of $100,000 for
the Kenai Dunes Restoration Project, and Accepting the
Conditions of the Cooperative Agreement.
~~~~~ ~. 6. Resolution No. 96-65 - Approving of Contract Amendment
No. 1 to the Scope of Work for the Airport Master Plan
to Include an Environmental Assessment for the Alaskan
Regional Aircraft Rescue and Firefighting Training
Center (ARFF) at Kenai, Alaska, in the Amount of
$50,000 to Aries Consultants, Ltd.
~~q~ 7. Resolution No. 96-66 - Accepting the donation of cement
ili
f
p
ng
rom Cherrier-King.
~~~~ ~. 8. Resolution No. 96-67 - Establishing the Authorized
Q Signatures for Withdrawal from Depositories of
Municipal Funds.
~in~y~~ °'~ 9. Resolution No. 96-68 - Adopting the City of Kenai,
~~~~~/ ~. Alaska SFY98 Capital Improvement Project (CIP) Water
and Sewer Priority List for Request for State of
Alaska, Department of Environmental Conservation
Municipal Matching Grant Program.
D. COMMISBION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning & Zoning 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 August 21, 1996.
F. CORRESPONDENCE
G. OLD BIISINE88
q/~~qlv 1. Discussion - Date for introduction of ordinance
~ ~,~~~,, accepting the Comprehensive Plan.
~~ ~~ 2. Discussion - FY98 Capital Product Matchin
g Grant
Program.
__._-.
2
~! 3. Discussion Garcia Building / Cunningham Park
d~j /~~~y~~'~
H. NEW BIISINESS
,~~~~/ L(, 1. Bills to be Paid, Bills to be Ratified
~~~~ ~ 2. Purchase Orders Exceeding $2,500
3. *Ordinance No. 1716-96 - Increasing Estimated Revenues
and Appropriations by $8,333.33 in the General Fund for
Informational Signage in the Kenai Townsite Historic
District and the Shkituk' Village Site.
~s~~l~~'~~4. *Ordinance No. 1718-96 - Increasing Estimated Revenues
~~~~~ ~, and Appropriations by $6,100 in the Boating Facility
Enterprise Fund for Purchase of New Floats.
s-r~ ~d• ~~5. Discussion - Advertising/hiring process for new city
~~~~, manager .
~°2/ ~w Approval - Assignment of and Amendment to Lease and
~~ Security Assignment of Lease - Steven Karakash to North
Star Radiant, Inc. and Fred Seton.
7. Discussion - Passing of Eugene Morin (Kenai mayor 1968-
' ~"~ trJ/ 1971), letter to his wife, and a recommendation for a
~r~'~~~`~ tree and plaque for him in Leif Hansen Memorial Park.
~ ~A'
~~~ ~/ 8. Approval - Inlet Woods Subdivision Lights.
E%ECIITIVE 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
J. DISCIISSION
1. Citizens (five minutes)
2. Council
R. ADJOIIRNMENT
3
KENAI PENIN
~
r
~~ SULA BOROUGH I
~-/
j
~'
~
' PLANNING COMMISSION
~
,~
r
w BOROUGH ADMINISTRATION BUILDING
'~
' ~, ~ ASSEMBLY CHAMBERS
~+~Q ~ SOLDOTNA, ALASKA
~~ ~ ~
SEPTEMBER 9, 1996 7:30 P.M.
~
~~
2SZ~Z ~Z~2oL
EL Tentative Agenda
A. CALL TO ORDER
John Hammelman
Chairman B. ROLL CALL
Areawide
Term Expires 1999 C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT
Philip Bryson q(~E[~DA
Vice Chairman
Kenai City
Tenn Expires 1999 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
Ann Whitmore-Painter
Parliamentarian 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 re
ular a
end
Moose Pass Area g
g
a.
Term Expires 1997 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
Peggy G. Boscacci Chairman of your wish to comment.
PC Member
seed®via city
Term Expires 1997 1. Time Extension Request; Coolidge Homestead S/D
KPB File 95-017 [Seabright Surveying)
Wayne carpenter Location: South shore of Caribou Lake
PC Member
reward City
Term Expires 1999
2. Plats Granted Administrative Approval
~c Member ~ 3. Plats Granted Final Approval Under 20.04.070 -None
Anchor Point
rem, Expires 1998 4. KPBPC Resolutions -None
Wes Coleman
PC Member 5. Coastal Management Program
5oldotna City
Term Expires 1999 a, Coastal Management Program Consistency Reviews
Leroy GannawaY
PC Member
Homer city
1) Kenai; Wastewater Treatment Plant Expansion;
Tem, Expires 19963 City of Kenai; AK 9608-11AA
Pc ~ mb~~y° Jr. 2) Bear Cove, Kachemak Bay; Aquaculture; Menke;
Rlikiski AK 9605-04AA
Term Expires 1999
Brent Johnson 3) Halibut Cove, Aquaculture; Kachemak Shellfish
Pc Member Mariculture Association; AK 9605-05AA
Kasilof Area
Tenn Expires 1997
4) Jakalof Bay; Aquaculture; Douglas; AK 9605-06AA
Tom Knock
PC Member
Cooper Landing 5) Jakalof Bay; Aquaculture; Dou las; AK 9605-07AA
g
~ Term Expires 1998
' 6) Jakalof Bay; Aquaculture; Douglas; AK 9605-08AA
Don Gilman, Mayor
Lisa Parker
Planning Director
Maria SwePPY
Admin. Assistant
7) Jakalof Bay; Aquaculture; Sche 9605~~~~
b. Conclusive Consistency Determinati~~-s Rece' ~ror
f~.
DGC -None ~'^
k+
c. Administrative Determinations -None
6. Kenai River Habitat Protection (KPB 21.18) -None
7. Commissioner Excused Absences ~ '~
a. No excused absences requested.
8. Minutes
a. August 26, 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 -None
F. PUBLIC HEARINGS
1-a. Vacate portions of Cherilyn Avenue; the entire of Powell Drive,
Apollo Street, Ayers Circle and LeQuire Loop; future access
easement; and Chevron Tracts Subdivision, Section 16, Township
7 North, Range 12 West, Seward Meridian, Alaska; KPB File 96-
163
1-b. Vacate Section Line Easement within Chevron Tracts Subdivision,
Section 16, Township 7 North, Range 12 West, Seward Meridian,
Alaska; KPB File 96-171
2. Petition to vacate approximately 207 feet of a 66 foot section line
easement associated with Lots 26 and 35, Gruening Vista
Subdivisions; within Sections 2 and 3, Township 6 South, Range
13 West, Seward Meridian, Homer Recording District, Alaska; KPB
File 96-152
3-a. Petition to vacate portion of Berm Road, east of Exit Avenue;
Creary S/D Tract 24 and Sunrise Hills S/D. Sections 14 & 23,
Township 4 North, Range 11 West, Seward Meridian, Alaska; KPB
File 96-168
3-b. Petition to vacate approximately 492 feet of 66' Section Line
Easement, common to sections 14 and 23, lying between Exit
Avenue and a point approximately 492 feet easterly of Exit
Avenue. Sections 14 & 23, Township 4 North, Range 11 West,
Seward Meridian, Alaska; KPB File 96-169
4. Proposed Classification of Borough Land; Walter Page; North
Kenai area; intersection of Panorama Avenue and Sam Street;
Government Lot 144, Section 14, T6N, R12W, S.M.,Alaska,
containing 1.80 acres
G. VACATIONS NOT REQUIRING A PUBLIC HEARING
C & H Estates, Lot 29, Utility Easement Vacation; KPBPC
Resolution 96-35: Vacating ten foot utility easement within Lot 29,
C & H Estates (Plat 80-23 HRD); Section 6, Township 6 South,
Range 12 West, Seward Meridian, Homer Recording District,
Alaska; KPB File 96-159
H. SPECIAL CONSIDERATIONS
Thomas S/D Addn. No. 1 &Replat of Tract 1, Tract 3, Building
Setback Exception; KPBPC P.es3iution 95-36: Granting an
exception to the twenty foot building setback lir"rmit for a portion of
Tract 3, Thomas Subdivision Addition No. 1 (Plat 75-132 KRD)
within Section 3, Township 6 South, Range 12 West, Seward
Meridian, Alaska.
2. Anglers Acres S/D Addn. No. 1; Time Extension Request
KPB File 77-300 [McLane Consulting Group]
Location: Angler Drive within the City of Kenai
3. Marina S/D Block 2 Replat; KPB File 95-075
Location: Port Avenue & Small Boat Harbor within City of Seward
4. An Ordinance Appropriating $257,000 for Purchase of the
Kalifornsky Beach Elementary School Property
5. An Ordinance Authorizing the Settlement of Jake Ivanoff's Native
Allotment Claim on Borough-Selected Land
CONSIDERATION OF PLATS
Chevron Tracts No. 2; North Kenai
Preliminary; Lounsbury & Associates
KPB File 96-163
2. Sunrise Hills No. 2; Echo Lake
Preliminary; Johnson Surveying
KPB File 96-168
3. Norman S/D No. 2; Kwechek Creek
Preliminary; Johnson Surveying
KPB File 96-173
4. Original Townsite of Seward Lindsey Replat
Seward City; Preliminary
Johnson Surveying
KPB File 96-174
5. Silver King Ten; Anchor Point
Preliminary; Jerry Anderson
KPB File 96-172
6. Carl Sholin S/D SBS 1996 Addn. No. 2
Homer City; Preliminary
Roger Imhoff
KPB File 96-175
7. Barnett's South Slope S/D Crandall Addn.
Homer City; Preliminary
Roger Imhoff
KPB File 96-177
8. Kenai River Bridge S/D Durfee Addn.
South of Kenai City; Preliminary
Whitford Surveying
KPB File 96-180
9. Lakeside S/D No. Two
Southwest of Longmere Lake
Preliminary; McLane Consulting Group
KPB File 96-181
J. KENAI RIVER HABITAT PROTECTION (KPB 21.18)
Application for Conditional Use Permit Under Ordinance 96-06;
Government Lot 6, Section 19, T5N, R10W, S.M., River Mile 15.2
Left bank; (Space #25, River Quest RV Resort), Replacement and
expansion of lean-to and construction carport over existing travel
trailer within fifty feet of ordinary high water of the Kenai River;
Parcel No. 055-250-28; Mathews
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 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 23, 1996 at 7:30 p.m. in the Assembly Chambers at the Borough
Administration Building in Soldotna.
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
Soldotna Planning & Zoning Commission
August 21, 1996
2. Ordinance 96-36: Amending the Code to Authorize the Planning
Department to Charge Fees for Utility Easement Vacations and Plat
Waivers and Revising the Fee for Appeals of Planning Commission
Decisions
3. Ordinance 96-43: Authorizing the Mayor to Conditionally Sell Real
Property Located in the Cooper Landing Vicinity to Pixie Smith.
Scheduled for introduction to the Assembly September 3. Will be placed
on the action agenda for September 23, 1996.
4. Kachemak Bay Advisory Planning Commission
September 4, 1996 Agenda
/~ ~
CITY OF KENAI
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ FAX 907-283-3014 ~
wE~abar
MEMORANDUM 1 I I I' ~
,~~
TO: Planning & Zoning Commission Members
FROM: Carol L. Freas, City Clerk
City of Kenai
DATE: September 6, 1 96
RE: CITY COUNCIL WORK SESSION
At their regular meeting of September 4, 1996, the Kenai City Council scheduled a work
session for Monday, September 16, 1996, 7:00 p.m. to be held in the Kenai City Council
Chambers. Council would like the Planning & Zoning Commission to attend the work
session and review with council the Comprehensive Plan Update as well as the FY97/98
~ Capital Improvement Project list.
clf
1~b
~ Kenai Peninsula Borough
Planning Department
' 0 144 North Binkley
Soldotna, Alaska 99669-7599
(907) 262-4441, extension 260
~~ FAX (907) 262-8618
August 31, 1996
NOTICE OF PLANNING COMMISSION ACTION
MEETING OF AUGUST 26, 1996
RE: Oberts Pillars Part Two Preliminary Plat
The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough
j 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
September 3, 1996 to:
City of: City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611.
Advisory Planning Commission: n/a
Survey Firm: McLane Consulting Group, P.O. Box 468, Soldotna, Alaska 99669.
Subdivider/Petitioner: Leo Oberts, 1440 Chinook Court, Kenai, Alaska 99611-8609.
KPB File Number: 96-084
9
ti ~
~ ~' ~
~ ~ ~ ~
~'` ~~/
~~
AGENDA ITEM I. CONSIDERATION OF PLATS
1. Oberts Pillars Part Two (Preliminary)
KPB FILE 96-084
Staff report as read by Maria Sweppy. PC Meeting 08/26/96
Location: Kenai Spur Highway & Silver Salmon Drive, City of Kenai
Proposed Use: Residential
Zoning: Rural Residential
Sewer/Water: City
Supporting Information: Preliminary approval, as recommended by the Kenai Planning and Zoning Commission
on May 22, 1996, was granted by this Commission on May 28, 1996. That plat would have created an 18.47 acre
tract out of a 41.57 acre parcel.
The revised plat will create 13 lots, which includes replatting Lots 23 and 24 of Part One. Filing the plat will also
vacate aright-of-way and utility easement if the vacations are approved.
The public hearing for the vacation will be scheduled upon receipt of a complete petition application. If the
vacation is not approved, redesign will be necessary.
On August 14, 1996 the Kenai Planning and Zoning Commission recommended approval of the revised
preliminary.
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. Gov't Lot. Show right-of-way easements.
3. Show width of Kenai Spur Highway.
ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH
TITLE 20:
4. Survey and monumentation to meet Ordinance requirements or an exception having been granted.
5. Remove building setback statement on plat within city limits.
6. Note 5 needs revision. Lots within the city generally have a setback limit on all sides.
7. Conform to conditions of KPB Planning Commission Resolution 78-6.
8. ADEC signature -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 Gannaway moved, seconded by Commissioner Carpenter, to grant approval of the
preliminary plat subject to staff recommendations.
KPB PLANNING COMMISSION AUGUST 26, 1996 MEETING PAGE 27
UNAPPRO'JED MINUTES
VOTE: The motion passed by unanimous consent.
HAMMELMAN BRYSON WHITMORE-PAINTER BOSCACCI CARPENTER CLUTTS
YES YES YES YES YES YES
COLEMAN GANNAWAY HENSLEY JOHNSON KNOCK ELEVEN YES
YES YES YES YES YES
KPB PLANNING COMMISSION AUGUST 26, 1996 MEETING PAGE 28
UNAPPROVED MINUTE
~~ ., .
August 27, 1996
Kenai Peninsula Borough
Planning Department
144 North Binkley
Soldotna, Alaska 99669-7599
(907) 262-4441, extension 260
FAX (907) 262-8618
/~f V _
~~ ~
N
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~°~,~ ~4e
NOTICE OF PLANNING COMMISSION ACTION
MEETING OF AUGUST 26, 1996
RE: Buxton S/D Castillo Replat Preliminary Plat
The August 12, 1996 Planning Commission minutes for the proposed preliminary plat were
corrected by the Kenai Peninsula Borough Planning Commission during their August 26, 1996
meeting.
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 27, 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: Maxx May, P.O. Box 1488, Soldotna, Alaska 99669.
KPB File Number: 96-127
AGENDA ITEM C. CONSENT AGENDA
8. Minutes
a. Correction to the August 12, 1996 Minutes
STAFF REPORT PC Meeting 8/26/96
Integrity Surveys has requested that the sentence in the second paragraph on page 31 (Buxton
S/D Castillo Replat) of the August 12, 1996 Planning Commission minutes be corrected.
Cliff Baker has requested the minutes be corrected to reflect the property owner's wishes to
eliminate the lot line in conjunction with the plat. As the unapproved minutes are now written
the lot line cannot be removed with the plat action.
The correction to the minutes will allow the surveyor to go forward with Buxton S/D Castillo
Replat as the subdivider planned. Upon approval from the Planning Commission, the minutes of
record will be corrected and copies distributed to the appropriate parties.
STAFF RECOMMENDATION: Delete the sentence [The lot line can be eliminated later.]
from the second paragraph on page 31 (Buxton S/D Castillo Replat) of the August 12, 1996
Planning Commission minutes.
END OF STAFF REPORT
ExceptionLl Requested: 3:1 depth to width ratio Lot 1-A -may be further subdivided.
Planning staff reviewed this request and recommends granting the exception as requested.
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:
1. Correct or add to the legal description/location/area. Show total area of this subdivision.
2. Vicinity Map -Show and label Midway Drive.
3. Indicate the approximate location of the area subject to inundation by storm or tidal flooding. If applicable,
cite the study identifying the floodplain. _
4. Show ordinary or mean highwater line.
ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL 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. Show Recording District in or near the title block.
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.
11. Development may be subject to the requirements of KPB Ordinance 96-06.
END OF STAFF REPORT
MOTION: Commissioner Whitmore-Painter, moved, seconded by Commissioner Clutts, to grant approval of the
preliminary plat subject to staff recommendations.
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
AGENDA ITEM I. CONSIDERATION OF PLATS
23. Buxton S/D Castillo Replat
KPB FILE 96-127
Staff report as read by Teresa Walker.
Location: Harding Street and Third Avenue, within the City of Kenai
Proposed Use: ResidentiaURecreationaUCommerciaUAgricultural
Zoning: Suburban Residential
Sewer/Water. City
(Preliminary)
PC Meeting 8/12/96
Supportinq,lnformation: 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.
KPB PLANNING COMMISSION AUGUST 12, 1996 MEETING PAGE 28
APPROVED MINUTES
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. Corrector 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 REQUIREMENTS FOR ADMINISTRATIVE APPROVAL 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 requested
the subdivision be approved without the vacation.
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.
KPB PLANNING COMMISSION AUGUST 12, 1996 MEETING PAGE 29
APPROVED MINUTES
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
AGENDA ITEM J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None
AGENDA ITEM K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
1. Consistency Reviews; Cooper Landing; Hargood Creek Placer Mining Operation Revision; Martin; AK 9607-
08AA
Staff report as reviewed by Margaret Spahn. PC Meeting Date: 8/12/96
~olicant: Edward D. Martin Jr.
P.O. Box 521
Cooper Landing, Alaska 99572
Location: T5N, R2W, Section 20, Seward Meridian
Quartz Creek Road
KPB Parcel No.
Description: An application to revise an existing placer mining operation. Approximately 300 - 600 cubic yards of
material •are to be processed daily, with an annual volume of 15,000 to 20,000 cubic yards. There will be
approximately 120 sluice days this season. Equipment to be used will include one Drott 50-D excavator, one D3B
dozer/excavator, two dump trucks, one Bobcat loader, one Homade 20" by 40' Trommel recovery plant with a 12' by
50" sluice, and a flexible 6" water line which connects with a pipeline to the existing dam/reservoir. The proposal also
includes the use of an existing frame/log structure, and construction of a "mining town" to include a boardwalk, small
shops, a museum, parking area, picnic area, temporary residential structure, shop facility, fuel storage, pump house
storage area, and tours of the Old Timers Pit.
The Annual Placer Mining application includes an additional mining claim filed on April 19, 1996 (ADL 563938, #3
Complete). This is a fractional claim located South of Hargood Bench #3 (ADL 528920).
Support Information: The project proposal involves a split estate, where the surface is owned by the Kenai Peninsula
Borough and the subsurface is owned by the State of Alaska. The State Annual Placer Mining application review
examines the mining and exploration activity proposed to extract minerals from subsurface lands owned and managed
by the State. The Annual Placer Mining Permit does not give the miner rights to the surface estate. The Alaska
Division of Mining withholds issuance of any permit involving mining activity on a split estate, which will cause surface
disturbance, until the applicant has complied with the requirements of AS 38.05.130 and 11AAC 94.140(10), by making
provision to pay the owner of the surface estate full payment for all damages sustained by the mining applicant's use
of the land. Mining activity may not be conducted without a Mining and Reclamation Permit from the Division of Mining.
Under AS 38.05.255, surface use shall be limited to that necessary for the prospecting for, extraction of, or basic
processing of mineral deposits and shall be subject to reasonable concurrent uses. The bonding requirements of AS
38.05.130 are limited to uses that meet these criteria.
Approval for surface use, beyond that authorized by the State for mining, must follow Borough policies and procedures
implementing KPB 17.10 for obtaining authorization to use Borough land. Those land use activities which are not
directly related to mining are considered development activities. The Annual Placer Mining Permit application can-ently
contains insufficient information to adequately review the proposed development activities for consistency with the KPB
Coastal Management Program. Surface land use which requires a surface use agreement with the Kenai Peninsula
Borough will be reviewed for consistency with the KPBCMP as a local action when application for use of Borough land
is filed by the applicant.
KPB PLANNING COMMISSION AUGUST 12, 1996 MEETING PAGE 30
r''1r F'ROVcD 11r11NlJT~S
CITY OF KENAI ~~~
-- G~ ~ yq~~~"
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99811-7794
TELEPHONE 907-283-7535
_ FAX 907-283-3014 ~
wean
1II~~1
1992
Kevin Walker
311 McKinley Street
Kenai, AK 99611
RE: PLANNING & ZONING COMMISSION
City of Kenai
At their regular meeting of August 21, 1996, the Kenai City Council accepted your
resignation from the Planning & Zoning Commission.
Upon your departure from the Commission, the Kenai City Council and City
Administration thanks you. The time and effort which you contributed to the City
during your long term on the Commission is an example of a dedicated citizen working
for a better tomorrow for the City of Kenai.
Thank you again for your interest and support.
Sincerely,
CITY OF KENAI
Carol L. Freas
City Clerk
clf
September 4, 1996
TONY KNOWLES, GOVERNOR
OFFICE OF THE GOVERNOR
OFFICE OF MANAGEMENT AND BUDGET
DIVISION OF GOVERNMENTAL COORDINATION
. _~. ~~~
---- ~ __
PJ SOUTHCENTRAL REGIONAL OFFICE O CENTRAL OFFICE O PIPELINE COORDINATOR'S OFFICE
3601 "C' STREET, SUITE 370 P.O. BOX 110030 411 WEST 4TH AVENUE, SUITE 2C
ANCHORAGE, ALASKA 99503-5930 JUNEAU, ALASKA 99811-0030 ANCHORAGE, ALASKA 99501-2343
PH: (907) 269-7470/FAX: (907) 561-6134 PH: (907) 465-3562/FAX: (907) 465-3075 PH: (907) 271-4317/FAX: (907) 272-0690
August 12, 1996 ~~~ l~
Jack La Shot ~ -~
City of Kenai ~~~,. ~' . ~~'` •' -= /?-~~~.~_,..r
210 Fidelyo ,^-,ve., S~:ite 2CC
Kenai, AK 9961 1-7794 aU6 1996
Dear Mr. LaShot: Cc~~~~~!s~ed~.
~~+.= 9~~6--
/~v €a
FOk CGUV~II. MEETING OF r
SUBJECT: START OF REVIEW t- ~iiy fJtgr. -^ At~orrey
Cook Inlet 246 ~~„~~,biic Works -~ City~Cher".;
STATE I.D. N0. AK9608-11AA Origin '"o--f'~~ 5uornitt d S-y-~==-
,The Division of Governmental Coordination (DGC) received the coastal project questionnaire,
'applications, required public notice(s), and supporting information you submitted for the State
of Alaska's project consistency review. Included in that packet was a consistency certification
submitted for our concurrence under Section 307(c)l3)(A) of the Federal Coastal Zone Management
Act as per 15 CFR 930, Subpart D. The Alaska Coastal Management Program (RCMP) requires
a public notice in the coastal district(s) that may be affected by the proposed activity. The
U.S. Army Corps of Engirieers /ACMP public notice was made on August 9th.
The project is to discharge approximately 15,000 cubic yards of sand and gravel to fill
approximately 1.75 acres of wetlands. A 24" culvert would be replaced under Spruce Street.
The purpose of the project is to provide structural fill to support sewer treatment plant facility
expansion and provide additional parking for protection of the dunes and beach.
The project is located at T. 6 N., R. 11 W., Section 6, Seward Meridian, at the Cook Inlet end
of Spruce Street, adjacent to the Kenai Sewer Treatment Plant in Kenai.
Appropriate materials have been distributed to participants in the Alaska Coastal Management
Program for their review and comments. Review participants, milestones, and the associated
permits are indicated on the enclosed project information sheet and distribution list. The enclosed
project information sheet includes a State I.D. number AK9608-11AA; please refer to this number
in any future reference to the project.
N:\ADMPROJ\COOKI246.SU
n~_e~~i u
Cook Inlet 246 -2- August 12, 1996
,AK9608-1 1 AA Start of Review
Pursuant to AS 46.40.094 (d) (1-, we have requested consistency review comments on the
proposed project from State resource agencies, affected coastal resource districts, the public
and any other interested parties. Persons with rights to file a petition seeking review by the
Coastal Policy Council of the proposed consistency determination (under AS 46.40.100 (b1(11)
must submit their comments by the appropriate deadline. The comment deadline is specified
on the project information sheet.
By a copy of this letter we are informing the U.S. Army Corps of Engineers that the State's
review has begun.
Thank you for your cooperation in this review process.
Sincerely,
Arlene Murphy
Project Review Coordinator
,Enclosure
cc: Johnny Duplantis, COE
Tim Smith, SHPO, DNR
Ali Iliff, DNR
Lori Landstrom, DNR, DPOR
Steven Horn, DOTPF
Don McKay, DFG
Tim Rumfelt, DEC
Mark Stahl, Chugach Alaska Corporation
Mayor Don Gilman, KPB
Margaret Spahn, KPB
Phil North, EPA
Tamara Smid, UCIDF
Duane H. Harp, USFS
Larry Smith, Cooper Landing
N:\AD M PROJ\COO KI246. S!J
DEC
DFG
DNR
COE
PROJECT INFORMATION SHEET
PROJECT TITLE: Cook Inlet 246
STATE I.D. NUMBER: AK 9608-11AA
DGC CONTACT: Arlene Murphy Phone: 269-7475 Fax: 561-6134
APPLICANT/PROPONENT: City of Kenai
AGENT: Jack La Shot Phone: 283-7535 Fax: 283-3014
DIRECT FEDERAL ACTION: No
Tim Rumfelt 269-7564
Don McKav 267-2284
Ali Illif 269-8549
Johnnv Duplantis 753-2712
REVIEW TYPE: CONSISTENCY
ACTIVIT1( TYPE:
WETLANDS FILL PLACEMENT, INDUSTRIAL (MANUFACTURING)
PROJECT LOCATION:
Nearest Coastal District: KENAI PENINSULA
Project is INSIDE/LANDWARD the District Boundary
Distract Pian Approved: Yes
Latitude OD OM OS Longitude OD OM OS
Township 006n Range 011w Section 06 Meridian sew USGS Map,
REVIEW SCHEDULE: 50 DAYS
REVIEW MILESTONES:
Day 1 :.............................................................................. 08/12/96
Reviewer Request for Add'I Info on or before :................ 09/06/96
Comments Due To DGC on or before :............................ 09/15/96
Proposed Determination Deadline on or before :............. 09/25/96
Final Determination Deadline on or before :................... 10/01/96
PROJECT INFORMATION - 2 -
Cook Inlet 246
PROJECT PREVIOUSLY REVIEWED UNDER STATE I.D. NO. AK
STATE APPROVALS (AGENCY, APPROVAL TYPE AND NUMBER):
DEC WATER QUALITY CERTIFICATION (SECTION 401)
FEDERAL APPROVALS (AGENCY, APPROVAL TYPE AND NUMBER):
COE SECTION 404 M-810010
REQUESTOR FOR EXTENSION:
ELEVAT;~N TO: ELEVATED 13Y:
ACTION AT CLOSEOUT:
Closeout Date:
District Comments Received:
For Conclusive Consistency Determinations:
For Other Reviews: Comments Submitted:
ADDITIONAL COMMENTS:
Closeout entered into computer: (date) By:
Updated: (date) By:
Updated: (date) By:
Updated: (date) By:
August 12, 1996
~~
US Army Corps
of Engineers
Alaska District
-(~ P/1-V Sec. --i i _• rr _. /l. ~ tom-, ~> ~~~.~L,r~`~':~~'' 1
l~ / / ~ 4
Public No
Regulatory Branch (1145b)
Post Office Box 898
Anchorage, Alaska 99506-0898
~~ ~ r'~~
^ ~ ~ ~~` i
tl ce~~ a~~ ~s ..
of A I~cat~on~''v ily,
p p ~ ~ ~ ~~3
for Permit
PUBLIC NOTICE DATE : 0 9 August 19 9 6
EXPIRATION DATE : 0 9 September 19 9 6 /~~
REFERENCE NUMBER- M-810010 rvR GU~iv~iL ivitt' i;+~a ~F --l~~Q~
• ,~ ~~itY !ylgr. ~._ AltcrreY
~!._.` LI':J SIC `tir;%IiCS --iJ ~.1`Y ~~~:?(';
WATERWAY NUMBER: Cook Inlet 246 - _' _
.-- ~ Fin~r!ce - --:_ -
OY141nni To--p~:uh^iii :: i~ E1-~~
~0:;;1GI Vii ~~C 1.--.YES ------ ..h.~~.
Interested parties are hereby notified that an application has been received for
a Department of the Army (DA) permit for certain work in waters of the United
States as described below and shown on the attached plan.
~ APPLICANT: The City of Kenai, 210 Fidalgo, Suite 200, Kenai, Alaska
99611-7794, (907) 283-7535.
LOCATION: At the Cook Inlet end of Spruce Street - south, adjacent to the Kenai
Sewer Treatment Plant, in section 6, T. 6 N., R. 11 W., Seward Meridian, in
Kenai, Alaska.
WQRK: The discharge of approximately 15,000 cubic yards of sand and gravel to
fill approximately 1.75 acres of wetlands. A 24" culvert would be replaced
under Spruce.
PURPOSE: To provide structural fill to support sewer treatment plant facility
expansion and provide additional parking for protection of the dunes and beach.
ADDITIONAL INFORMATION: A DA permit was issued to the City of Kenai on May 19,
1981, for an outfall line of the Kenai Sewer Treatment Plant. The Environmental
Assessment stated that construction of the plant had been "grandfathered"
because it was constructed before the Clean water Act came into effect. For
further project specific information contact Mr. Jack La Shot, City Engineer,
City of Kenai, 210 Fidalgo, Suite 200, Kenai, Alaska 99611-7794, (907) 283-
7535.
WATER QUALITY CERTIFICATION: A permit for the described work will not be issued
until a certification or waiver of certification as required under Section 401
of the Clean Water Act (Public Law 95-217), has been received from the Alaska
Department of Environmental Conservation.
nnaGTA7, ZONE MANAGEMENT ACT CERTTFTCATION• Section 307 (c) (3) of the Coastal
'one, Management Act of 1972, as amended by 16 U.S.C. 1456 (c) (3), requires the
~plicant to certify that the described activity affecting land or water uses
in the Coastal Zone complies with the Alaska Coastal Management Program. A
permit will not be issued until the Office of Management and Budget, Division of
Governmental Coordination has concurred with the applicant's certification.
PTTRLTC HEARING: Any person may request, in writing, within the comment period
specified in this notice, that a public hearing be held to consider this
application. Requests for public hearings shall state, with particularity, the
reasons for holding a public hearing.
cTrr.TTTRAr, RESOURC The latest published version of the Alaska Heritage
Resources Survey (ARKS) has been consulted for the presence or absence of
historic properties, including those listed in or eligible for inclusion in the
National Register of Historic Places. This worksite is not a registered or
eligible property. Consultation of the AHRS constitutes the extent of cultural
resource investigations by the District Engineer at this time, and he is
otherwise unaware of the presence of such resources. This application is being
coordinated with the State Historic Preservation Office (SHPO). Any comments
SHPO may have concerning presently unknown archeological or historic data that
may be lost or destroyed by work under the requested permit will be considered
in our final assessment of the described work.
F•NDANGERED SPECIES: No threatened or endangered species are known to use the
project area. Preliminarily, the described activity will not affect threatened
endangered species, or their critical habitat designated as endangered or
.ireatened, under the Endangered Species Act of 1973 (87 Stat. 844). This
application is being coordinated with the U.S. Fish and Wildlife Service and the
National Marine Fisheries Service. Any comments they may have concerning
endangered or threatened wildlife or plants or their critical habitat will be
considered in our final assessment of the described work.
FEDERAL SPECIES OF CONCERN: The following Federal species of concern may use
the project area: Steelhead Trout, Sockeye Salmon, Chinook Salmon, Coho Salmon,
Aleutian Canada Goose, Lesser Canada Goose, Cackling Canada Goose, Lesser Snow
Goose, White-fronted Goose, Bald Eagle, Emperor Goose, Trumpeter Swan, Tundra
Swan, Mallard, Lesser Sandhill Crane.
FLOOD PLAIN MANAGEMENT: Evaluation of the described activity will include
conformance with appropriate State or local flood plain standards; consideration
of alternative sites and methods of accomplishment; and weighing of the
positive, concentrated and dispersed, and short and long-term impacts on the
flood plain.
SPFC'TpT AREA DESTGNA'1'TON: None.
EVALUATION: The decision whether to issue a permit will be based on an
evaluation of the probable impacts including cumulative impacts of the propgs.
activity and its intended use on the public interest. Evaluation of the *¢~'~
probable impacts which the proposed activity may have on the public interest-''~~•
~r,~
squires a careful weighing of all those factors which become relevant in each' a:~
.~ s
:i
-2-
particular case. The benefits which reasonably may be expected to accrue from
the proposal must be balanced against its reasonably foreseeable detriments.
The decision whether to authorize a proposal, and if so, the conditions under
which it will be allowed to occur, are therefore determined by the outcome of
the general balancing process. That decision should reflect the national
concern for both protection and utilization of important resources. All factors
which may be relevant to the proposal must be considered including the
cumulative effects thereof. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and
wildlife values, flood hazards, floodplain values, land use, navigation, shore
erosion and accretion, recreation, water supply and conservation, water quality,
energy needs, safety, food and fiber production, mineral needs, considerations
of property ownership, and, in general, the needs and welfare of the people.
For activities involving 404 discharges, a permit will be denied if the
discharge that would be authorized by such permit would not comply with the
Environmental Protection Agency's 404(b)(1) guidelines. Subject to the
preceding sentence and any other applicable guidelines or criteria (see Sections
320.2 and 320. 3), a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State,
and local agencies and officials; Indian Tribes; and other interested parties in
order to consider and evaluate the impacts of this proposed activity. Any
comments received will be considered by the Corps of Engineers to determine
whether to issue, modify, condition or deny a permit for this proposal. To make
this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects, and the other
public interest factors listed above. Comments are used in the preparation of
an Environmental Assessment and/or an Environmental Impact Statement pursuant to
the National Environmental Policy Act. Comments are also used to determine the
need for a public hearing and to determine the overall public interest of the
proposed activity.
Comments on the described work, with the reference number, should reach this
office no later than the expiration date of this Public Notice to become part of
the record and be considered in the decision. Please contact Mr. Johnny J.
Duplantis at (907) 753-2724, if further information is desired concerning this
notice.
AUTHORITY: This permit will be issued or denied under the following authority:
(X) Discharge dredged or fill material into waters of the United States -
Section 404 Clean Water Act (33 U.S.C. 1344). Therefore, our public interest
review will consider the guidelines set forth under Section 404 (b) of the Clean
Water Act (40 CFR 230).
A plan, Notice of Application for Certification of Consistency with the Alaska
Coastal Management Program, and Notice of Application for State Water Quality
Certification are attached to this Public Notice.
District Engineer
U.S. Army, Corps of Engineers
Attachments
-3-
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COOK INLET
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PROJECT LOCATIO~
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RED I~TtNf~ CM P -
6-814N~ON
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!POSE: PROVIDE AREA TO EXPA,tiD CITY PLAN VIEW
S'CP AND PARKING FOR RECREATIO\AL USE
1" =100'
ADJACENT PROPERTY OWNERS: DATUM: USC
1. CITY OF KENAI AND GS ~;SL
2. THOR EVANSON
r
G
~ ~
SEWER TREATIiENT PLANT
EXPANSION/PARKING AREA
WATERWAY: COOK INLET
LOCATION: KENAI, ALASKA
SHEET _/ OF ? 5/20/96
~ECr 10,.- V -E w
~LEYATION
(MSI..~
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l4 ~i~ti~ng G~otSS~rc:ed ~c~~
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COOK ItLET 24F P'-^11?Oi0
,RPOSE: PROVIDE AREA TO EXPAND CITY SECTION VIEW
STP AND PARKING FOR RECREATIONAL USE HORIZONTAL SCALE
1~• _ 50.
ADJACENT PROPERTY OWNERS: VERTICAL SCALE
i. CITY OF KENAI 1„ _ ~,
2. THOR EVANSON
Et-EvPcTt QN
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SEWER TREATMENT PLANT
EXPANSIO\T/PARKING AREA
WATERWAY: COOK INLET
LOCATION: KENAI, ALASKA
SHEET .~ OF ~ 5/20/96
to
L] O d e Q Tony Knowles, Governor
OFFICE OF THE GOVERNOR
OFFICE OF MANAGEMENT AND BUDGET
DIVISION OF GOVERNMENTAL COORDINATION
P~soun~tcENTRAL RFCEONAL oFFiCE
3601 "C STREET, SUITE 370
ANCJiORAGE,ALASKA 89`x03-5930
PH: (907) 5613131/FAX: (907) 565-6134
^ c~xrRa- oFF~cE
P.O. BOX 110030
.JUNEAU, ALASKA 09811-0300
PM: (907) x(65-356?IFAX: (907) 4653075
^ PIPELNE COORDINATOR'S OFFICE
411 WEST 4TH AVENUE, SUfTE 2C
~E, ALASKA 09501-2343
PH: ('907) 278-8594JFAX: (907) 272-0690
STATE OF ALASKA
DIVISION OF GOVERNMENTAL COORDINATION
Notice of Application for
Certification of Consistency with the
Alaska Coastal Management Program
Notice is hereby given that a request is being filed with the Division of
Governmental Coordination for concurrence, as provided in Section 307 (c){3)
of the Coastal Zone tanagement Act of 1972, as amended [P.L. 94-370; 90 Stat.
1013; 16 U.S.C. 1456 (c)(3)], that the project described in the Corps of
Engineers Public~Notice Number M-810010 ,will comply with the Alaska
Coastal Management Program an a e project will be conducted in a manner
consistent with that program.
The Division of Governmental Coordination requests your comments on the
proposed project's consistency with the Alaska Coastai Management Program.
For more information on the consistency review process and the comment
deadline, or to submit written comments, please contact the Division of
Governmental Coordination, 3601 C Street, Suite 370, Anchorage, Alaska
99503-5930.
Attachment 2
i i l ~ t` (~ rn 1~, n~/J (1 i TONY KNOWLES, GOVERNOR
DEPT. OF ENVIRONMENTAL CONSERVATION
DIVISION OF AIR AND WATER QUALITY
Industrial Operations Section r
401 Certification Program
NOTICE OF APPLICATION
FOR
STATE WATER QUALITY CERTIFICATION
An applicant for a federal license or permit to conduct an activity that might result in a
discharge into navigable waters, in accordance with section 401 of the Clean Water Act
of 1977 (PL 95-217), also must apply for and obtain certification from the Alaska
Department .of Environmental Conservation that the discharge will comply with the Clean
Water Act, the Alaska Water Quality Standards, and other applicable State laws. By
agreement between the U.S. Army Corps of Engineers and the Department of
Environmental Conservation, application for a Department of the Army permit to
discharge dredged or fill material into navigable waters under Section 404 of the Clean
Water Act also may serve as application for State Water Quality Certification.
Notice is hereby given that the application for a Department of the Army Permit
described in the Corps of Engineers' Public Notice No. M- 810 010 serves as
application for State Water Quality Certification from the Department of Environmental
Conservation.
After reviewing the application, the Department may certify that there is reasonable
assurance that the activity, and any discharge that might result, will comply with the
Clean Water Act, the Alaska Water Quality Standards, and other applicable State laws.
The Department also may deny or waive certification.
Any person desiring to comment on the project with respect to Water Quality
Certification may submit written comments within 30 days of the date of the Corps of
Engineers' Public Notice to:
Department of Environmental Conservation
Industrial Operations / 401 Certification
555 Cordova Street
Anchorage, Alaska 99501-2617
Telephone: (907) 269-7567
Fax: (907) 269-7652
Attachment 3
printed on recycled paper b y C. D.
lb
PLANNING & ZONING COMMISSION
May 27, 1992
Page 5
Item 7c. Resolution PZ 92-15 - Amending KMC Procedure for
Conditional Use Permit.
Jack LaShot stated that this resolution was prepared by the City
Attorney as requested. By removing the one sentence it would then
give the Commission more discretion as to what's allowed, an
opportunity to look at other uses, and placing more responsibility
on the Commission.
Mr. Glick moved for approval of Resolution P7 '^-~5. Mr. Bannock
seconded the motion.
DISCUSSION:
~~S
Mr. Bannock stated that if the commissione ~ns
can be made solely from a book or code gui its
resolution. Vote against PZ 92-15 simply b to
make sometimes difficult decisions. Af .his
resolution the excuse "sorry it's just not in tn~ _ gays
available. The alternative is not to keep amending the L,~.__ Use
Table every time we have a unique situation to allow for
conditional use permits. The beauty of a conditional use permit is
that we can tailor the proposal to meet the needs of the zone, the
area, the neighbors, as well as the needs of the applicant.
Please, support this measure, take the responsibility and utilize
your good judgment for which you are appointed a Planning and
Zoning Commissioner.
Mr. Bryson stated that although the administration was requested to
prepare this just like it comes out, I would like administration to
come to a conclusion as to the effects of how this fits into the
zoning code itself and its interpretation. All this does is strike
the appropriate words, but there is no evaluation as to its effect
on the rest of the code or the way the rest of the code is written.
A lot of the code is written specifically because items are listed.
To just strike three letters and change one sentence changes the
philosophical approach of the code itself. I would just request
that the City Attorney to comment on what he thinks the effect is.
Mr. Graveley asked Jack LaShot - I'm under the impression the City
Attorney drafted part of this or looked at part of this?
Mr. LaShot replied, he drafted the whole thing.
Mr. Graveley stated, it would be my opinion that if he went this
far with it that he obviously looked at the whole code to see what
impact this would have?
PLANNING & ZONING COMMISSION
i May 27, 1992
Page 6
LaShot answered: Well, if you read the rest of the paragraph that
the one sentence is taken from, it actually leaves it up to the
Commission whether it is compatible with a particular zone - I
guess it leaves a lot of room for interpretation.
Mr. Bannock stated that in speaking with Mr. Graves two weeks ago
about this, I spoke with Mr. Graves before I made this motion at
the end of the meeting, and if we were dealing, and I hate to be
point specific, if we were dealing with the same situation last
week, or if this had been a replacement ordinance and it had
passed, we would have been free to do what we, what I wanted to do
last week, without breaking any city codes. If this was the order
of the day on the books, as opposed to what was on the books two
weeks ago when a situation arose that was not specifically
addressed in the Land Use Table, this body could make a decision on
it. Where it is the way it stands today, it's silly to even, it's
silly for the City to even entice an applicant to apply for a
conditional use permit when the clerk could look in the book and
say I' m sorry it' s not in the Land Use Table - don't waste your
time applying, don't waste your $100 applying. This gives a
particular applicant an opportunity to do something. To come
before this body and sell his idea to this body when it's not
specifically addressed. Without this ordinance, any time we have
a person who wants to do something that's not in the Land Use
Table, we can do what we did two weeks ago with the one that failed
last week, and we can keep tagging things onto the Land Use Table
every single time. But the problem with that Mr. Chairman is that
we'll realize that 1) there's an error; then we will take the
minimum six weeks that it takes to add something to the Land Use
Table for it to be okay for the original applicant to even apply.
So, we come up with this hodgepodge of Land Use Table thing every
single time it's not addressed. This puts the responsibility on
this body.
Mr. Landeis stated that when you read this, in my mind, the first
sentence that you read, that power to the commission is taken away
by the sentence proposed to be removed. I agree with Mr. Bannock.
Why have that paragraph in there if you can't use the discretion
that it gives you unless it is in accordance with the Land Use
Table.
Mr. Smalley stated that he had not talked with Mr. Graves on this,
but he was requested by this body to prepare something, and I guess
I even suggested too, that I don't want to say, what would be least
resistance to a pathway, but would cause fewer problems when
applications came in. In my looking at this resolution, it gives
a great deal of control in these matters to this body. I wish the
City Attorney were here to speak to this, I don't know if anybody
from the City can. It's pretty clear.
PLANNING AND ZONING COMMISSION
i May 27, 1992
Page 7
Mr. Landeis stated, I don't think it gives us that much more.
Because according to this, as a commissioner, if you approve that,
you have to be under the guidance that it is compatible with the
principal uses, so that first sentence says that you have to make
a judgment call. With the one proposed to be taken out, if you
leave it in there it takes out all of your judgment. It says go
ahead and judge and make a decision, but it can't be any different,
so you're hamstrung. So, if you're not going to approve taking
the sentence out, then take the whole thing out. It's just a
rubber stamp. And, there's still the check and balance.
Mr. Graveley asked Jack LaShot - what's administration's viewpoint
on this? Mr. LaShot replied that his viewpoint is that it does
give the commissioners an opportunity to look at other uses and
puts more responsibility on the Commission. I guess it's easy to
look at the code and say it's not here and there's no question of
whether they can come before this body.
Mr. Graveley asked if Administration is recommending the adoption
of this? Mr. LaShot said he can't speak for the administration.
Mr. Smalley said that it would have been nice if the City Attorney
were here to speak to that, but I think it is a recommendation.
VOTE: Graveley - Yes; Glick - Yes; Bannock - Yes; Bryson - Yes;
Landeis - Yes
8. OLD BUSINESS
Item a. Resolution PZ 92-8 - Conditional Use Permit - Leila
Davidson - Cabins
Staff Report: Jack LaShot stated this matter inspired PZ 92-15.
At the last City Council meeting an item was introduced to permit
cabin rentals. The second reading will be at the June 2nd council
meeting.
Mr. Bannock moved for approval of PZ 92-8. Mr. Landeis seconded.
Mr. Bryson called for point of order. Is it appropriate to vote
for on reconsideration as opposed to an introduction by new motion.
Mr. Bannock withdrew his motion.
Mr. Bryson moved for reconsideration of Resolution PZ 92-8. Mr.
Landeis seconded.
~ VOTE: Graveley - Yes; Glick - Yes; Bannock - Yes; Bryson - Yes;
Landeis - Yes
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ 92-15
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY
OF KENAI, ALASKA, RECOMMENDING A CHANGE IN THE KENAI MUNICIPAL CODE
AMENDING THE PROCEDURE FOR GRANTING CONDITIONAL USE PERMITS.
WHEREAS, KMC 14.20.150 states that the allowed conditional uses are
stated in the Land Use Table; and
WHEREAS, it is difficult to list all the conditional uses in the
Land Use Table which may, under certain conditions, be compatible
with the principal uses in the various zones;
THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION
RECOMMEND TO THE KENAI CITY COUNCIL THE FOLLOWING CHANGE BE MADE TO
~ KMC 14.20.150(a):
14.20.150 Conditional Uses: (a) INTENT: There are some uses
which may be compatible with principal uses in some zones if
certain conditions are met. The Commission shall permit this
type of use if the conditions and requirements listed in this
chapter are met. [THE ALLOWED CONDITIONAL USES ARE LISTED IN
THE LAND USE TABLE.] Before a conditional use permit may be
granted, the procedures specified in this chapter must be
allowed.
PASSED BY THE PLANNING AND ZO ING COMMISSION OF THE CITY OF KENAI,
ALASKA, this ~ day of , 1992.
Art Gravely, Chairman
ATTES
P anning Secretar
Suggested By:
Planning & Zoning
CITY OF KENAI
ORDINANCE NO. 1504-92
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING
THE KENAI MUNICIPAL CODE AMENDING THE PROCEDURE FOR GRANTING
CONDITIONAL USE PERMITS.
WHEREAS, KMC 14.20.150 states that the allowed conditional uses
are stated in the Land Use Table; and,
WHEREAS, it is difficult to list all the conditional uses in the
Land Use Table which may, under certain conditions, be compatible
with the principal uses in the various zones;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, as follows:
14.20.150 Conditional Uses: (a) INTENT: There are some
uses which may be compatible with principal uses in some
zones if certain conditions are met. The Commission shall
permit this type of use if the conditions and requirements
listed in this chapter are met [THE ALLOWED CONDITIONAL USES
ARE LISTED IN THE LAND USE TABLE.] Before a conditional use
permit may be granted, the procedures specified in this
chapter must be allowed.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day
July, 1992.
ATTEST:
Carol L. Fr as, City Clerk
First Reading: June 17, 1992
Second Reading: July 1, 1992
Effective Date: August 1, 1992
~b
/~
MEMO ~ ~` "''
~i
To: Kenai Planning and Zoning ~ a;
From: Keith & Mary Lee Komelis `~ '~ ~~
Date: September $, 1996 ~~'sz~2£zZZ~2°,~6~`~
Subject: Forest Drive Hotel/Motel
For: Planning and Zoning Meeting of September 11, 1996
The owner of the 4-plex at the end of S. Forest Drive wants to turn his building
into a Hotel/Motel.
PL EA T E TTACH D P TH T W RE C P D UT FOUR
C#TY CODE.
1.) 14.20.090 Does this use violate the residential character? Subsection (c )
states conditional uses allowed in Land Use Table.
2.) 14.20.150 Is this use similar to principal use and in harmony with the intent of
the zone? Does the benefits to the City in terms of economic development
outweigh any adverse effects on adjoining properties?
3.) 14.20.320 Definitions:
(10} "Bed and Breakfast is for owner-occupied.
(21} "Co___nditional use" are lied in the Land Use Table "
(22) "HotelA provides food or lodging, or both, on achy-today
basis.
(23} "Motel" is iwo or more individual dwelling units used
temporarily.
4.) LAND USE TABLE does not have a C ,which stands for Cond__ itiona!
__ ses. un er the RS Zomn4 Des#rict f r Hotels/Motels
cc: Jack LaShot, City Engineer
Cary Graves, City Attorney
- - (f) Development Requirements: As described in Development Requirements Table.
(g) Parking Requirements: As required by this chapter.
(Ord. 9?5)
14.20.080 Rural Residential Zones (RR. RR-1 Zones): (a) Intent: The RR Zone
is intended to provide for low density residential development in outlying and rural areas in
a form which creates a stable and attractive residential environment. The specific intent in
establishing this zone is:
(1) To separate residential structures to an extent which will:
[i] Preserve the rural, open quality of the environment;
[ii] Prevent health hazards in areas not served by public water and
sewer.
(2) To prohibit uses which would:
[i] Violate the residential character of the environment;
[ii] Generate heavy traffic in predominantly residential areas.
(b) Principal Permitted Uses: As allowed in Land Use Table.
(c) Conditional Uses: As allowed in Land Use Table and subject to the provisions
of this chapter.
(d) Accessory Uses: As defined (see Definitions).
(e) Home Occupations: Uses as allowed by this chapter.
(f) Development Requirements: As described in Development Requirements Table.
(g) Parking Requirements: As required by this chapter. (Ords. 925, 1009)
,~.,..~ 14.20.090 Suburban Residential Zones (RS. RS-1, RS-2 Zones):
(a) Intent. The RS Zone is intended to provide for medium densi id
development in areas which will be provided with common ut ty systems. The specific
intent m establishing this zone is:
(1) To separate residential structures to an extent which will allow for
adequate light, air, and privacy _ __
[i] violate the residential character of the environment;
fiii Qenerate heave traffic in vredominantly residential
ses: As allowed in se a e and subject to the provisions
of this
~df"Accessory Uses: As defined (see Definitions).
(e) Home Occupations: Uses as allowed by this chapter.
(f) Development Requirements: As described in Development Requirements Table.
(g) Parking Requirements: As required by this chapter. (Ords. 925, 1009)
14.20.100 Urban Residential Zone (RU Zone): (a) Intent. The RU Zone is
intended to provide for apartments and compatible uses in areas near centers of shopping,
services, and employment where high density residential development is desirable.
S46-11/13/87 14-21 CITY OF I{.ENAI
- - - (1) Boardwalks;
(2) Parking -not to include large trucks or trailer vans;
(3) Essential services (as defined in KMC 14.20.320(b)(28);
(4) Watchman or caretaker dwelling.
(d) Conditional Uses and Structures:
(1) Boat harbors, docks, wharfs, launching ramps;
(2) Bunkhouses. bed & breakfasts, hunting & fishing lodges;
(3) Fuel facilities for river boat traffic;
(4) Convenience or grocery outlets;
(5) Marinas, including boat rentals;
(6) Aquaculture;
(7J Charter or guiding services;
(8) RV parks;
(9) Multi-family units;
(10) Hotels;
(11) Restaurants.
(e) Prohibited Uses and Structures: Any use or structure not of a character
indicated under permitted principal use or conditional use shall be prohibited.
(f) Minimum Lot Requirements: Shall follow the requirements for the Rural
Residential (RR) Zone, including the 100' setback from slopes, bluffs, or banks as described
in the Comprehensive Plan, Coastal Zone Management Plan, and Kenai River Special
Management Area Plan.
(g) Required Off-Street Parking and Loading: Adequate off-street parking and
loading shall be provided in connection with any permitted use in accordance with the
provisions of KMC 14.20.250.
(h) Signs: Signs may be allowed in conformance with KMC 14.20.220(g).
(Ord. 89-1343)
r,.r..~ 14.20.150 Conditional Uses: (a) Intent: There are some uses which may be
compatible with principal uses in some zones if certain conditions are met. The Commission
shall permit this type of use if the conditions and requirements listed in this chapter are met.
Before a conditional use permit may be granted, the procedures specified in this chapter must
be followed. (Ord. 1504-92)
(d) ~nataonai uses to Ew pones: ~-'-~•.
(1) Uses not specifically permitted in the zone concerned may be permitted
K~ provided that the following conditions are met:
[i] Such uses must be similar to principal uses permitted in the zone;
[iiJ Such uses must be in harmon with the intent of the zone.
n an extraction o natu resources w tc can a mined
underground without substantially disturbing the surface of the land may be permitted
together with the necessary buildings and apparatus, provided that the following
conditions are et:
`,,,~,~..~'~ [i] a benefits to the City in terms of economic development must
S64-07116/93 14-29 CITY OF KF.NAI
outweigh anv adverse eff is on ad'oinin ro rti
u A sig t-obscuring ence or unc eared buffer strip of good
appearance acceptable to the Commission shall be provided between such uses
and all adjoining residential zones and all adjoining public rights-of-way.
(3) Surface extraction of natural resources may be permitted provided that the
standards are met and the procedures set out in this chapter are followed. The usual
procedures t'or conditional use permits contained in this chapter shall not be applicable
to conditional use permits for the surface extraction of natural resources.
(c) Procedure:
(1) An application for a conditional use permit shall be filed in writing with
the administrative official and verified by the owner of the property concerned.
[i] Application shall contain the following data with respect to the
property and the applicant:
(A) Legal description of the property involved;
(B) Plans showing the location of all existing and proposed
buildings or alterations, elevations of such buildings or alterations, and
. such data as may be required.
(C) Anon-refundable deposit/advertising fee of $100.00.
(2) The public hearing and notification procedure for a conditional use permit
application shall be accomplished in accordance with the requirements of this chapter.
(3) An approved conditional use permit shall lapse twelve months from the
date of approval if the nonconforming use for which the conditional use permit was
approved has not been implemented. The Commission may grant a time extension not
to exceed six months upon a finding that circumstances has not changed sufficiently
since the date of initial permit approval. A request for extension must be submitted
prior to expiration of the permit. A public hearing shall not be required as a condition
to granting the extension. (Ords. 925, 987, 1460)
(d) Revocation:
(1) The Planning & Zoning Commission, after public notification and hearing,
may revoke a conditional use permit if it finds the permit holder has violated a
provision of the Kenai Municipal Code, including but not limited to the provisions in
Title 7. A decision by the Commission on revocation may be appealed to the Board
of Adjustment pursuant to KMC 14.20.290. (Ord. 1549-93)
(2) A person whose conditional use permit is revoked under this section may
reapply for a permit under KMC 14.20. The Planning & Zoning Commission or
Board of Adjustment may consider the prior revocation when determining whether to
grant the new conditional use permit. (Ord. 1549-93)
14.20.151 A~niication for Conditional Use Permit for Surface Extraction of
Natural Resources: An application for a conditional use permit to engage in the surface
extraction of natural resources shall be in writing on a form supplied by the City of Kenai and
shall be filed with the administrative official, along with the requisite fees. All applications
shall be accompanied by the following documents and information:
S64-07/16/93 14-30 CITY OF KENAI
- - 14.20.310 Severability: In the event any portion, section, subsection, clause,
sentence, or phrase of this chapter is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this chapter. (Ord. 925)
14.20.320 Definitions: (a) General Interpretation:
(1) Words used in the present tense include the future tense.
(2) The singular number includes the plural.
(3) The word "person" includes a corporation as well as an individual.
(4) The word "lot" includes the word "plot" or "parcel."
(5) The term "shall" is always mandatory.
(6) The word "used" or "occupied" as applied to any land or building shall
be construed to include the words "intended," "arranged" or "designed to be used or
occupied. "
(b) Specific definitions:
(1) "Accessory building" means a detached building, the use of which is
appropriate, subordinate, and customarily incidental to that of the main building or to
the main use of the land and which is located on the same lot as the main building or
use. An accessory building shall be considered to be a part of the main building when
joined to the main building by a common wall or when any accessory building and the
main building are connected by a breezeway.
(2) "Accessory use" means a use customarily incidental and subordinate to the
principal use of the land, building, or structure and located on the same lot or parcel
of land.
(3) "Administrative official" means the person charged with the administration
and enforcement of this chapter.
(4) "Agricultural building" means a building used to shelter farm implements,
hay, grain, poultry, livestock, or other farm produce, in which there is no human
habitation and which is not used by the public.
(5) "Alley" means a public way designed and intended to provide only a
secondary means of access to any property abutting thereon.
(6) "Alterations" means any change, addition, or modification in construction,
location, or use classification.
('n "Apamnent house," see "Dwelling, multiple."
(8) "Area building" means the total of areas taken on a horizontal plane at the
main grade level of the principal building and all accessory buildings, exclusive of
steps.
(9) "Automobile wrecking" means the dismantling of used motor vehicles or
trailers or the storage or sale of parts from dismantled or partially dismantled,
obsolete. or wrecked vehicles.
e an reakfast" means a residential, owner-occupied dwelling in
which rooms are rented to paying guests on an overnight basis with no more than one
meal served daily. (Ord. 1305-88)
S65-10/20/93 14-59 CITY OF KENAI
- - - (11) "Boardinghouse" means a building other than a hotel where lodging, with
or without meals, is provided for compensation for three or more persons, on other
than day-to-day basis and which is not open to transient guests.
(12) "Building" means any structure built for the support, shelter, or enclosure
of persons, animals, or propem of any kind.
(13) "Building Code" means the building code and/or other building regulations
applicable in the City.
(14) "Building, existing" means a building erected prior to the adoption of the
ordinance codified in this chapter or one for which a legal building permit has been
issued.
(15) "Building Height" means the vertical distance from the "grade," as defined
herein, to the highest point of the roof.
(16) "Building, principal or main" means a building in which is conducted the
principal or main use of the lot on which said building is situated.
(l~ "Centerline" means the line which is in the center of a public right-of-
way.
(18) "City" means the City of Kenai, Alaska.
(19) "Collector street" means a street located and designed for the primary
purpose of carrying through traffic and of connecting major areas or' the City. Unless
otherwise designated by the Commission, collector street shall be defined on the plan
for streets and community facilities in the comprehensive development plan.
(20) "Commission" means the Kenai Planning & Zoning Commission.
v (21~) "Conditional use" means a use which is permitted under the terms of this
chapter provided that under the specified procedures, the Commission finds that
certain conditions, specified in this chapter are fulfilled. Conditional uses are listed
in the Land Use Table.
2 that percentage of the total lot area covered by the
building area.
(23) "Dwelling" means a building or any portion thereof designed or used
exclusively for residential occupancy including one-family, two-family and multiple-
family dwellings, but not including any other building wherein human beings may be
housed.
(24) "Dwelling unit" means one or more rooms and a single kitchen in a
dwelling designed as a unit for occupancy by not more than one family for living or
sleeping Purposes.
(25) "Dwelling, one-family" means any detached building containing only one
dwelling unit.
(26) "Dwelling, two-family" means any building containing only two dwelling
units.
(2~ "Dwelling, multiple family" means any building containing three or more
dwelling units.
(28) "Essential service" means the erection, construction, alteration, or
S50-03/10/89 14-60 CI'T'Y OF KENAI
- -_ maintenance by public utility companies or municipal departments or commissions, of
underground or overhead gas, electrical, steam, or water transmission or distribution
systems, collection, communication, supply, or disposal systems, including poles,
wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals,
hydrants, and other similar equipment and accessories in connection therewith. This
definition shall not be interpreted to include public buildings.
(29) "Family" means any number of individuals living together as a single
housekeeping unit in a dwelling unit.
(30) "Fence, height" means the vertical distance between the ground directly
under the fence and the highest point of the fence.
(31) "Floor area" means the total of each floor of a building within the
surrounding outer walls but excluding vent shafts and courts.
(32) "Frontage" means all the property fronting on one side of a street between
intersection streets.
(33) "Garage, private" means an accessory building or any portion of a main
building used in connection with residential purposes for the storage of passenger
motor vehicles.
(34) "Garage, public" means any garage other than a private garage, available
to the public, operated for gain, and which is used for storage, repair, rental,
greasing, washing, servicing, adjusting, or equipping of automobiles or other vehicles.
(35) "Grade (ground level)" means the average level of the finished ground at
the center of all walls to a building. In case walls are parallel to and within five (5)
feet of a public sidewalk, the ground level shall be measured at the sidewalk.
(36) "Guest room" means any room in a hotel, dormitory, boarding, or lodging
house used and maintained to provide sleeping accommodations for more than two
persons.
(3'n "Home occupation" means an accessory use of a service character
customarily conducted with a dwelling, by the residents, which does not involve the
~~ "Hotel" means any building or group of buildings in which there are guest
rooms used, designed, or intended to be used for the purpose of offering to t
general public, food or lod in , or both, on a da -to-day basis.
unkyard" means any space 1 square eet or more of any lot or parcel
of land used for the storage, keeping, or abandonment of junk or waste material,
including scrap metals or other scrap materials, or for the dismantling, demolition, or
abandonment of automobiles, other vehicles, machinery, or any parts thereof.
(40) "Loading space" means anoff-street space or berth on the same lot with
a building or structure to be used for the temporary parking of commercial vehicles
while loading or unloading merchandise or materials.
(41) "Lot" means a parcel of land occupied or to be occupied by a principal
use and having frontage on a public street.
(42) "Lot, corner" means a lot situated at the junction of, and bordering on,
two intersecting streets, two platted rights-of--way, two government easements, or any
s 6 9- 0 9/ 01 / 9 5 14-61 CITY OF KENAI
- - _ combination thereat'. (Ord. 1634-95)
(43) "Lot line, front -corner lot" means the shortest street line of a corner lot.
(44) "Lot line, front -interior lot" means a line separating the lot from the
street.
(45) "Lot line, rear" means a line that is opposite and most distant from the
front lot line, and in the case of irregular, triangular, or gore shaped lot, a line not
less than ten feet in length, within a lot, parallel to and at the maximum distance from
the front lot line.
(46) "Lot line, side" means any lot boundary line not a front lot line or a rear
lot line.
(4'n "Lot depth" means the horizontal distance separating the front and rear
lot lines of a lot and at right angles to its width.
(48) "Lot width" means the mean horizontal distance separating the side lot
lines of a lot and at right angles to its depth.
(49) "Mobile home" a structure, transportable in one or mare sections, which
is built on a permanent chassis and designed to be used as a dwelling unit, with or
without a permanent foundation when connected to the required utilities.
(50) "Mobile home park" means a site with required improvements and utilities
for the long-term parking of mobile homes which may include services and facilities
for the reside
( "Motel" means a group of one or more detached ore semi-detached
buildings containing two or more individual dwelling units and/or guest rooms
designed for, or used temporarily by, automobile tourists or transients, with a garage
attached or parking space conveniently located to each unit, including groups
designated as auto courts, motor lod es or tourist courts.
oncon ormtng of means a of a u y existing at the time this
ordinance became effective, which by reason of area or dimensions, does not meet the
development requirements for the zone in which it is located.
(53) "Nonconforming structure" means a structure or portion thereof, lawfully
existing at the time this ordinance became effective, which by reason of its yards,
coverage, height, or other aspects of design, does not meet the development
requirements of this zone.
(54) "Nonconforming use" means a use of a structure of land, or of a structure
and land in combination, lawfully existing at the time this ordinance became effective,
or established on the premises of a previous nonconforming use as specified in this
chapter, which is not in conformity with the uses permitted in the zone in which it
exists.
(55) "Nursery, children's" means any home or institution used or maintained
to provide day care for children not more than seven years of age.
(56) "Parking space, private" means any automobile parking space not less than
180 square feet in area.
(5'n "Parking space, public" means an area of not less than 180 square feet
exclusive of drives or aisles giving access thereto in area accessible from streets and
S 6 9- 0 9/ 0 1 / 9 5 14-62 CITY OF KFNAI
-I' -~
LAND USE TABLE
ITT: P ~ Prircipl Permitted Use RDTE: Refererce footrotea
C ~ terditiorol Use an follwiny popes for
S ' l~eeendsrY Use edditiorrl reatrietiorss,
Table 1 of 3
~;
.,~,
:: f ..>
;~
` `' C RIt R1Z1 RS . RSi R52 RU ' CC CG ~ II3 R T
X.AND USES ~'` ; S
H
`~ RE~SIllHNITA,L ,a4Y~<~': +D+~~~?~a G~&
.. ... ,°Y, ~. ~f.a,~oxx~
, "~tt ~
xe?k: ~ ~.
.. c :`,f~ ~.z.~ f,.~ .<.
One Family P P P P P P S Si SZ P P
Dwelling
Two Family P P r P P P S P P
Dwelling
Three/Four Family P P P S S'
Dwelling
FivelSix Family C3 P P S Si
Dwelling
Seven or Mole C3 C3 P S Si C
Family Dwelling
Townhouses ~ C C C
Mobile Homes s
Mobile Home C C
paz~ s
Planned Unit C C C
Residential
Development ~
r. h2JfHj a sxi$~ ,,. „»~d.(yy
'~ CQMM~RCIAL y
(~'fy+,. 'ft~$'X" ~ '`~",
~ v JT' ~
~
..
Automotive Sales p p p
Automotive Service P P P
Stations
~~ P P
Business/Consumer P P C
Services
Hotels/Motels p p C
Professional ~~ P P P P P S P
~~~~ C° P P C C
Relail/VVholesale P P P P C C
Business
Th~~ P P P C
Commercial
Recreation
14-65 CITY OF KENAI
IAND USB T Ri.R
ITT: p . Principal Per.itted lass MOTE: Refersice footnotes
C ~ Caditianl lisa on follori~ pees for
S Y Uae addrtionl restriction.
Table 3 of 3
~~.. ~:.
n~~
,.
//~~ ' n f313ISTRLCTS~ .,; ,
~ ~7~ 1. I2R ~ `C3 ,. 1 ' ` C '%~ h 44
Anima( Boarding 13 C C C
Rirv~ Bed & Bi
ld
t
riR ra
as
s C C C C C
Cabin Rentals C C
Cemeteries C
~.'IematOrre3 L+ `. `' `'
Day Cate Centers 12 C C C C C C C C
Dormitories/ P Si S C
Boarding Houses
Essential Services P P P P P P P P P P P P P
Farming/Gardenirig/ P P P
General Agriculdue
Greerihousesll'roe C C C C C C
Nurseries ra
Assemblages rs C C C C C C
(Large: Circuses,
" Fairs, etc.)
L,odges/Fratenral p P C
Nursing, C C p p
Convalescent ~
Rest Homes
Parlong, Off-Stte~ P P P P P P P P P P P P P
~~g' Pubhc C C C P C
hots u
~~ ~~ P P P S C
Radio/TV P P P S
Transmittals
Recreational Vehicle C C C C C C C
Parks
~~ Halls P P C
Subsurface Bat- C C C C C C C C C C C
racoon of Natural
Resources rs
Surface Extraction C C C C C C C C C C C
of Natural
Resources r~
Union Halls P P C
14-67 CI TY OF I{E NAI
CITY OF KENAI
-- Gil o~ y4~-~~ -,
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ _ FAX 907-283-3014
TO: ALL CONCERNED
MEMORANDUM
FROM: Carol L. Freas, City Clerk ,
City of Kenai ~,e~~
DATE: September 9, 1 96
IIII'1
1992
of
~4
RE: COUNCIL/PLANNING & ZONING COMMISSION WORK SESSION
September 16, 1996
At their regular September 4, 1996 council meeting, the Kenai City Council set a joint
work session with the Planning & Zoning Commission for September 16, 1996, 7:00 p.m.
in the Council Chambers. Council and the Commission will be reviewing the
Comprehensive Plan Update and the CIP List.
If you have any information for council review prior to the work session, forward it to
me by 2:00 p.m. Thursday. Thank you.
clf
,y
AHFC compUes with Title II of the Americans with I
' ~`~"~ ~ , " ~.~ ~, .; ,.' Disabilities Act of 1990 and the Rehabilitation Act of 1973.
>t ,~. ,, w~-rte ';~ Individuals with disabilities who may need auxiliary aids or I
_ ~ I services`or spedal modifications to partidpate should contact I
'~~` ` ~ , I .Joyce Baker at 584-9236 so necessary arrangements may be I
~, ..~
' +~ made
L i
,- f I PUBUSH: 8J15, 9/4; 188E ,r:~ , .3573/1340
ss
permanent but equally impressive were- " Lf- --- - - - - - - - - - - ,_ _ - - J
the other Egyptian pyramids. ~ ' , . .: • _ _ _ }'~
~'`~ ~ `- -STATE OF ALASKA - - - - - -,
DEPARTMENT OF TRANSPORTATION AND PUBLIC I
.:, a,M1 r.~ nor ~ .
- - . - - .~.~ ~ - - - - ~ - - ~ - - ~ ~ CENTRAL REGION DESKiN AND CONSTRUCTION I
INt~ E SUPERNDR COURT FOR THE STATE OF ALASKA, -~+'~'~"~ -~ IN~ATION FOR BIDS z' ~.~:;fi!= I
-~ < _ ' AT KENAI « ~ ° 1 Sealed bids in si e
I ~~~, ,. ~ . s ~ I 'arid ui nt, and ~r~ ing aU wom r~1c fo~n Perimeter Seairity I
,.
I IN THE` ~ ' ~.; , 1, I aris~ ~'er~ Upgrade 1Mldwood Correctonat Center Project I
I A CHANGE E FOR:) ~ ~ I ~. 52162, described ~her~ri, wig ba received urdG 2:00 p.m., I
`td ^~ ) ,` :. 1 f'preveiHnp time, September ii, i998,`."by ttie Contracts
I KATHIE L STILI~i., a ~, . ) , : I Actmfristraton office, .411 i Avtatiori Avenue. Andwrege, I
I Petitioner (current Hems) . ~) '~ ~::~: 1 I 'This state funded project wui ~.: ~ ~ 1
I CASE NO.3~N-98~499CI I ~ liertmeter ferae, perimeter ferae security sjrstem, ext~rbra 1
I NOTICE OF FlLNJG OFPETITION FOR CHANGE OF NAME I securRy Iightng and perimeter patrol road at the Vinldwood I
I ' ~ ~ r~ <w ,. ~-`'~ I Correctional Center in Kenai. Aitemate t is for additional feric- .I
I A petAlort for Change of name has been fled ti this Court by I I l~ "and modifications to the base bid work. Alternate 2 is for I
i KATHIE" L STIR requestng that Petitioners name ba I I additortal fendng, demolition of existing feridng, new gates, I
changed to Ki~T,jA~Yi+II- L STILES BENNETT. - : I I modifications to the fence securiry'alarm system. ooristnxiirig I
I A hearing Etas been scheduled on the petition as fdkiws: I I a paved access drive with control gate, site Lighting, intercom I
I Date $„ _terr~er , 1986 r I. I and remote control operation. Site grading and drainage work
I Tune ~ 2~~.mk~~ ~~ ~ - ( is also inducted with ARemate 2 Alternate 3 is constnxiion of I
I Court Address 125 Trading Bay Drive, Kenai. Alaska. I I an unpaved patrol road with addidonat site gradmg and 1
I August 1, 11186 ~? ~ ~;f ,, -. ,• y, . I I drainage work. Attemate 4 includes demolition of existing I
I , ~ ~ t . ~ " ~` i Dietdre J. Cheek I i Paving and construction of paridng, aaess road, parting nlu- I
~ "~ mirtaHon, fend between
I :~:yx ~'~ ~ ~ Clerk of Court I n9 Parking areas, want extensions, I
I ° , .~ ' ~ -. •, . ,: I I and site drainage modifications, s~ `< ~'-s;{, I
~ PUBUSH: 8/28,-9114,11,18,1998 380011081 I I Contract documents will He avallabk for pkkup at I
".a
•' - - - ~ ~ - - •~ - - - - - - - - - - ..1 1 1:OThpm, E 9 nrsda'sA Est ma~te~ is• ~ BasiF ~ Bid, between I
- - - - - - - - - - - - - - - - =,='1 l 31,000,000 and a2,5oo,000; Alternate i, betNreen a25o,oao 1
~ d ,~, ' " CIT1f OF KENAI , '
I ''~. ; 210.. t~~ Z~EE~r, s~u~ 200 . , ~ w I ~ne~ie~a' ~~ eematnetween a oo~ooo ~ ~~o. oo j
I en x500,000 and 31,000,000. ~ _ I
i - ~~ ALASKA 99611-7781 , I
I ~ ' ~ ~' All work shall be oompieted by September 30, 1997.
HEARING NOTICE L. I The Department of Transportation and Pt~c Fadlities I
I The City. o I'larinkig and Zoning Commsaion will hold I I ~~T&P~ hereby notlfies aq bkfden3 that it witl affirmatvely
.~.. ux
the fdlowing pubfic hearings on September 11, 1998 at7 f I assure that in any contract entered into pursuant to this I
I p.m ~ ,~ , ; ,, I I Invitation, Disadvantaged Business Enterprises (DBE) and I
~` ~ °' I I Women Business Enterprises (W9E) will be afforded full I
11. An appUcatlon an Ericxoachrrtent Permit for front
1 I opportunity to submit bids and will not be discriminated
yard setbadc~~egitirements forthe Property desq(bed as 1 against on the grounds of race, color, natonal origin or sex in I
I Lot 10, '8locit 7, tMet View Subdivision, Third Addition, Part I I consideraton for an sward. 1
I 2 (217 Suslesna), Kenai, Alaska. (Resduton PZ96-5B) I ~ I PLANS, SPECIFICATIONS AND BIDDING INFORMA- I
,~ ,~ _
12. ntals of apartrrientslforCorKiitonal~ Use Permit for nightly' ~ I TO 11:30 A.M. AND 12:30 T 0 4:ooEP.M fran the Contracts I
property `escr@ted a Lot 1, Section Plans Room, 4111 Aviator Avenue, Anchors e
I Block 8 R Terrace Subdivision 406 S Forest I I 9• I
I . Dr~ire ~ . ~ ~ (Resdulbri PZ98-59j y - ~ Ada, (907) 286-1674 (mailMg address. PO,;.Box: 196900, I
~, ;a , ,~ - , .: I ; age. Alaska 99519-t3900) A documerilpfea of 5100.00 I
I T~he,frteedrt{~cortirnerice at 7:00 pm: in the City FfaN ~ payable by check or money order made out to the State' of I
II
~~ynrie wlshbig ~ present I IAlaska will be required. Prospective bidders, who the
K,d~ ~..
I a~x~ny ~~ should do so at the hearhgs or sub- i' 1 contract documents shipped to them must caN the plans room. I
I ~ ,p,,, the City of Kenai, Plarrik#g . -~• '< 1 ~ ; TDD contact for hearing,impaired:,~907) 268-1442.°;` 4. I I
1 _ 210 , Suite 200, Kenai Alaska 99611 • I 1 Documents are available for inspection at the regional I 1
I , ^;prior to 3epterrber 11th. For moreiMormation please offices of the Department of Transportation and Public 1
I COntBd th ~, ' Depsrtrnent at 283.793;1. 11' Fadlnies In Anchorage, Juneau aril al ~• I
s .~ :~
I PUBLISH 914, 1 ., 3tt06211 I I PUBUSH: 8/23, 28, 9/4,1998 o- 3595/702 I I
~. <.«„ .
~ .
- ~ `t
ra runusn: tNZ7,ZS, 8/4,11,1
, ~_~ra,. ,..
I IN THE DISTRICT COURT
i KENAI PENINSULA BORO
a Municipal Corporatio
I Plaintiff
1 ~, ; .~
1 JUDY L. TRAVER, and '
i CHRISTINA TONIAYER; Indi
. and dlb/a STERLING CAFE
~ NOTICE TO AB
TO: CHRISTINA TOMAYEF
I dJb/a STERLING CAFI
I YOU ARE HEREBY SUN
I the court. an Answer to the
I Taxes which has been filed
I tared action:.. ...,: a., . _. _
In the Compaint, the Pis
I OUCH, claims that it is
1 29.45.650 to collect sales
I Borough and cities within thr
I levied a consumers` sales to
1 and on all services made c
1 except where "exemptetJ;'' th
Seldovia, Seward, and Sold
I sales-tax within their bound
1 that .the Defendants, JUDY
1 TONIAYER, individually and
1 engaged in the nonexemptec
I the use or tte iri Property wit
I or refusedto remit aN sales tP
I Plairtff=notified the Deferxfa
remit sales taxes to the,Boroi
I retused to remft all salestax
I Plaintiff demanded that~ the
1 amount of delinquent -sales t
1 Plaintff for the mortihi~ reps
1 through and including May 1
I but the Defendants failed or r
to Plaintiff. The Plaintiff also cl
I L TRAVER and CHRISTINA'
I STERLING CAFE, owe to Pia
I delinquent sales taxes, 6390.
1 portonate collection costs, 3'
1 5100.00 in reinstatement fe
15.18.100 et. seq., for the sub'
I prejudgment and post judgme
year interest in axordance
1 45.45.010 and AS 29.45.650
1 costs and attorney's-fees.
I You must file an Answer
1 Sales Taxes. Your Answer m~
I Trading Bay Drive, Suite 1[
I within thirty {30) days after th
this Notice, In additon, a copy
the Plaintff's attorney, Robe
Attorneys at Law, 110 South '
Alaska, 99611:. If you fail t
required time, a.default judgm
forthe relief demanded in the
DATED AT Kenai, Alaska,
PUBLISH: 8114, 21, 28, 9J4, ?
L---------~
City of Kenai, 210 Fidalgo, Suite 200, Kenai, AK 99611-7794
Fax
To: Peninsula Clarion (Attn: Sue) From: Marilyn Kebschull
Fax: 907-283-3299 Pages: (Two)
Phone: 907-283-7551 bate: August 30, 1996
Re: PUBLIC HEARING NOTICE CC: File
^ Urgent ^ For Review ^ Please Comment X Please Reply ^ Please Recycle
Sue: I would like to run the following announcement on September 4 and
September 6, 1996, under "Legal Notice." Please call me as soon as possible with a
quote and I will issue a purchase order. Thanks.
r
August 30, 1996
CITY OF KENAI
PLANNING AND ZONING COMMISSION
210 FIDALGO STREET, SUITE 200
KENAI, ALASKA 99611-7794
PUBLIC HEARING NOTICE
The City of Kenai Planning & Zoning Commission will hold the following public
hearings on September 1 1, 1996 at 7 p.m.:
1. An application for an Encroachment Permit for front yard setback
requirements for the property described as Lot 10, Block 7, Inlet View
Subdivision, Third Addition, Part 2 (217 Susieana), Kenai, Alaska.
(Resolution PZ96-58)
2. An application fora Conditional Use Permit for nightly rentals of
apartments for the property described as Lot 1, Block 6, Redoubt
Terrace Subdivision (406 S. Forest Drive), Kenai, Alaska. (Resolution
PZ96-59)
The Meeting will commence at 7:00 p.m. in the City Hall Council Chambers.
Anyone wishing to present testimony concerning these items should do so at
the hearings or submit written comments to the City of Kenai, Planning
Department, 210 Fidalgo, Suite 200 Kenai Alaska 99611-7794 prior to
September 1 1 th. For more information please contact the Planning Department
at 283-7933.
Publish: September 4 & 6, 1996.
• Page 2
}~~(- Z.
SIGN IN
SHEET
' /;
PUBLIC HEARING-- "~ ~ 1 , 1996
NAME ADDRESS
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