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Home My WebLink About1997-04-09 p&z packetCITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** ` KENAI CITY COUNCIL CHAMBERS April 9, 1997, 7:00 p.m. http : //www .Kenai .net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: March 26, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ97-9-Rezone Application-Buffalo Run Subdivision 7. NEW BUSINESS: 8. OLD BUSINESS: ~ 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. KPB Public Hearing Notice b. KPB Notice of Plat Committee Action (March 24, 1997) ~. City of Kenai Ordinance No. 173797 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** ' KENAI CITY COUNCIL CHAMBERS March 26, 1997 http://www.Kenai.net/city 6:00 p.m. WORK SESSION: 1. Review of the Land Use Table 7:00 p.m. REGULARLY SCHEDULED MEETING: 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: March 12, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ97-8-Buffalo Run Subdivision b. PZ97-10-FBO Subdivision No. 6 ~ 6. PUBLIC HEARINGS: a. PZ97-11-Rezoning Application, FOB Subdivision No. 6 7. NEW BUSINESS: 8. OLD BUSINESS: a. Kennel Ordinance 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Kenai niver Soec>ai-Management Area Advisory Board Minutes b. City of Soldc~*na, Ordinance 640 13. CO VIMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Agenda March 2B.doc ~ Planning & Zoning Commission ***Work Session*** March 26, 1997 - 6:00 p.m. City Council Chambers Chairman Carl Glick Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord, Karen Mahurin, Michael Christian Members Absent: None Also Present: City Engineer Jack LaShot, Councilman Hal Smalley, Councilwoman Linda Swarner, City Attorney Cary Graves, Contract Secretary Debby Fahnholz The work session was called to order at 6:26 p.m. Commissioner Christian proposed that the "N" be added for "Not Permitted" to define the code more clearly. He suggested taking a section at a time. Commissioner Bryson felt that the potential was so varied that each situation should go through the conditional use process and felt they should use the "N" category very selectively. He felt that "N" categories should go where appropriate but there would be a number of situations that would need to go through a conditional use process. Commissioner Mahurin felt that if the category was left blank it was to be considered as not permitted. Attorney Graves stated that the was under the impression that a blank meant it was not allowed, but felt for clarity's sake he would like to see a "C" or "N" and all of the blanks filled in. He felt an "N" would mean they couldn't even apply for a permit. Commissioner Mahurin felt that it should be more black and white. Commissioner Nord was uncomfortable with filling everything in with an "N" . Commissioner Bryson stated that typically there isn't a category and they try to find the one that matches closest. He stated that the staff's work is the same either way. Planning and Zoning March 26, 1997 Page 1 ,~ Commissioner Christian stated that if someone had a mobile home in an RS2 area, they could apply. Attorney Graves responded that mobile homes are excluded. Commissioner Christian asked about a townhouse in RS 1. Commissioner Bryson stated that there are several situations where there are no listings, so they have to find a category that comes close. He felt that he would like to see "N" in the categories where they are appropriate. Commissioner Christian suggested that they start with the Commercial categories. He stated he would like to see "N" in all the residential zones. Commissioner Mahurin asked about the "C" zones. She suggested a show of hands to show consensus of everyone. Commissioner Bryson asked if there were any private properties in the Conservation zones. Commissioner Nord stated that there were a few that she knew of. Commissioner Werner-Quade suggested an "N" all the way down the Conservation column. Commissioner Christian stated that if we put "N" in there now it can be changed later if there is a specific request. City Engineer LaShot stated that there have been instances where there were high and dry properties that were zoned Conservation. He felt that there could be instances where the zoning could be changed by request. By show of hands all commissioners agreed to place "N" all the way down the Commercial category for the Conservation zone. Commissioner Christian asked if there should be an "N" in any of the RR zones. Commissioner Bryson felt uncomfortable leaving those open. Commissioner Christian felt they should be left for further consideration. Commissioner Werner-Quade felt more comfortable with an "N" . Commissioner Mahurin suggested an "N" all the way down. The suggestion was voted down by show of hands. Commissioner Christian asked if RRl was more restrictive. Commissioner Bryson stated that there are smaller lot sizes in RR1. Engineer LaShot stated lot sizes are not the issue, but that they are zoned for duplexes. Commissioner Werner-Quade stated she felt they should take each category one by one. Commissioner Goecke felt this could take forever and felt they were going at the effort all wrong. He felt nobody really knew what they wanted to do and suggested postponing it and to have each commissioner go home and check the boxes as they felt they should be marked and meet again. He suggested that if a majority felt the same way, then it should pass. Planning and Zoning March 26, 1997 Page 2 -, Commissioner Glick felt that a minority vote should at least get their say. Commissioner Mahurin suggested getting an administrative point of view also. Engineer LaShot stated he could do a list also. Commissioner Goecke felt the objective was to get a letter in every space. Commissioner Werner-Quade asked if any categories besides mobile homes should be removed. Attorney Graves stated that as the administration goes over the list they will come up with a clean copy. Commissioner Glick suggested another work session to go over the list. Commissioner Christian suggested the next meeting. Commissioner Goecke suggested deferring to Attorney Graves. Attorney Graves stated he would be out of town on April 3rd. Commissioner Mahurin will be out of town on the 23rd. Commissioner Christian stated he would be out from the 15th to the 22nd. Commissioner Glick suggested the 11th or the 14th. Commissioner Bryson has a Borough Planning Commission meeting on the 14th. It was agreed to meet on the 11th at 7:00 p.m. Commissioner Bryson asked about the zoning district's 3 and 4 family dwellings with or without water and sewer. He felt that the chart may need to be divided. Commissioner Glick stated he wasn't following the question. Commissioner Werner-Quade asked if that would be an apartment. Commissioner Bryson asked to have the question disregarded. The work session was adjourned at 7:00 p.m. Planning and Zoning March 26, 1997 Page 3 ~~ Planning & Zoning Commission ~ ~ *Minutes~ ~ March 26, 1997 - 6:00 p.m. City Council Chambers Chairman Carl Glick 1. CALL TO ORDER AND ROLL CALL Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord, Karen Mahurin, Michael Christian Members Absent: None Also Present: City Engineer Jack LaShot, Councilman Hal Smalley, Councilwoman Linda Swarner, City Attorney Cary Graves, Contract Secretary Debby Fahnholz 2. APPROVAL OF AGENDA COMMISSIONER GOECKE MOVED TO ACCEPT THE AGENDA. COMMISSIONER MAHURIN SECONDED AND ASKED FOR UNANIMOUS CONSENT. NO OBJECTIONS TO UNANIMOUS CONSENT. AGENDA APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES COMMISSIONER MAHURIN MOVED TO ACCEPT THE MINUTES OF MARCH 12, 1997 AND ASKED FOR UNANIMOUS CONSENT. COMMISSIONER GOECKE SECONDED. MINUTES WERE APPROVED BY UNANIMOUS CONSENT. 4. PERSONS SCHEDULED TO BE HEARD None. 5. CONSIDERATION OF PLATS Planning and Zoning March 26, 1997 Page 4 =,, A. PZ97-8 -Buffalo Run Subdivision I COMMISSIONER CHRISTIAN RECOMMENDED APPROVAL OF PZ97-8. MOTION SECONDED BY GOECKE. City Engineer LaShot stated that there has been an application to rezone. He stated that this will be scheduled for the next meeting and has already been advertised. Commissioner Mahurin was confused why they would approve before the rezoning. Engineer LaShot felt it was to assist the developers. Commissioner Nord asked if the rezone requires a public hearing. Engineer LaShot responded yes. Commissioner Nord stated she was not in favor of approving first. Commissioner Bryson felt that both need to be addressed at the same time and felt the city engineer's suggestion was appropriate. Commissioner Christian felt that they both needed to be addressed at the same time. Commissioner Mahurin asked if the motion was to accept with the city's recommendation. Commissioner Christian responded yes. Commissioner Christian asked if fill would need to be brought in. The response was no, it was not planned, but they were unsure if there could be sewer systems in the back lots without a major lift station. Commissioner Christian asked if it is not approved here would it still go before Borough Planning. Commissioner Bryson responded yes. Commissioner Nord withdrew her negative response VOTE: BRY50N: YES WERNER-QUADE: YES GOECKE: YES NORD: YES MAHURIN: YES CHRISTIAN: YE5 GLICK: YES MOTION PASSED UNANIMOUSLY. B. PZ97-10 - FBO Subdivision No. 6 COMMISSIONER WERNER-QUADE RECOMMENDED APPROVAL OF FBO SUBDIVISION NO. 6. MOTION WAS SECONDED BY COMMISSIONER CHRISTIAN. Planning and Zoning March 26, 1997 Page 5 VOTE: WERNER-QUADE: YE5 NORD: YES CHRISTIAN: YES BRYSON: YES MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS GOECKE: YES MAHURIN: YES GLICK: YES a. PZ97-11 -Rezoning Application, FOB Subdivision No. 6 COMMISSIONER CHRISTIAN RECOMMENDED APPROVAL OF PZ97-11, REZONING APPLICATION, FOB SUBDIVISION NO. 6. MOTION SECONDED BY COMMISSIONER MAHURIN. VOTE: NORD: YES: BRYSON: YES CHRISTIAN: YES GOECKE: YES WERNER-QUADE: YES MAHURIN: YES GLICK: YES MOTION PASSED UNANIMOUSLY. There was no one to comment during the public hearings. 7. NEW BUSINESS None. 8. OLD BUSINESS Kennel Ordinance -Commissioner Christian asked to take a look at the grandfather clause. He didn't care for the open-ended clause, but felt that some day there should be an end to it. Commissioner Goecke agreed and felt that there should be no kennels within the city limits, but felt that there should be a time frame given. Attorney Graves felt that a commercial operation would be able to say their operation was taken away if that were done. Commissioner Christian stated that there was only one instance where there is a commercial operation. He felt that they could be given a conditional use permit. Commissioner Goecke Planning and Zoning March 26, 1997 Page 6 ~~~ felt that there could be a tough situation in telling these people they had to remove their dogs. Commissioner Christian felt it was not the intent to make people put their dogs down. Attorney Graves stated that he got the impression from Godek that it was not the intent to shut down the kennels, but that eventually they would limit themselves. Commissioner Mahurin felt that everything was working well as it is. She felt if this ordinance is approved that the existing permits should be grandfathered. Commissioner Bryson felt the grandfather issue has been addressed. He stated that if there were complaints, that there should be some flexibility to reach a compromise. Commissioner Christian asked if the permit was denied then could there be an appeal. Attorney Graves responded that as long as they get a clean bill and keep their permit renewed, then there won't be a problem. Commissioner Bryson proposed that RS1, RS2, TSH and RUs be left blank. Commissioner Nord asked that RS also be added. Commissioner Christian felt RS 1 should be left open. Commissioner Werner-Quade agreed and felt that there should be restrictions on the RS2, TSH and RUs. Commissioner Goecke felt that all kennels should be banned within the city limits. Commissioner Bryson felt that there should be allowances for facilities to be available within the city. Commissioner Mahurin stated that it could be viewed as discriminatory to disallow dogs and yet allow ducks and geese and horses. She felt that she would rather be proactive. Commissioner Christian felt that approaching the livestock issue could be presented again later. COMMISSIONER BRYSON MOVED TO HAVE RS2, RU AND TSH INSERTED INTO THE APPLICABLE PORTION OF THE PROPOSED ORDINANCE. COMMISSIONER NORD SECONDED. Commissioner Goecke asked why not include RS. Commissioner Bryson stated that typically they have larger lots. Commissioner Goecke stated that he would like for purposes of discussion to include all of RS, RS 1 and RS2. He felt that they should be included because the lots can get down to 7200 square feet. Planning and Zoning March 26, 1997 Page 7 COMMISSIONER GOECKE MOVED TO AMEND THE MOTION TO INCLUDE RS AND RS1. COMMISSIONER CHRISTIAN SECONDED THE MOTION. Commissioner Bryson felt that it would get killed at the public hearing level. He stated that you could not even develop water and sewer on a 7200 square foot lot and you can only build on every other lot if they are that small. Commissioner Christian suggested making it a conditional use in that situation. Commissioner Bryson felt that if people wanted to they could rezone. VOTE ON AMENDMENT ONLY: GOECKE: YES NORD: MAHURIN: NO CHRISTIAN: GLICK: NO WERNER-QUADE: NO AMENDMENT FAILED. BRYSON: NO NO NO VOTE ON MOTION: NORD: YES CHRISTIAN: YES BRYSON: YES GOECKE: NO MOTION PASSED. MAHURIN: GLICK: WERNER-QUADE: NO YES YES Attorney Graves stated that he would prepare the packet with the three zones on it. 9. CODE ENFORCEMENT ITEMS None. 10. REPORTS a. City Council -Councilman Smalley reported that city will be adding City of Kenai medallions to townsite historic signs. EDD is going through transition. Resolutions 97-16 and 97-17 both passed unanimously. On Item H.4 Kathy Scott will be putting together a symposium to discuss long term economic growth for April 26th. This will be held at the Senior Center and is open to the public. Werner-Quade asked what the EDD does. She stated that she was familiar with who they were and had been to their work sessions, and been to their recycling worksessions, but asked what exactly they were supposed to do. Councilman Smalley Planning and Zoning March 26, 1997 Page 8 ~ responded that they assist getting incubator businesses started and do promotional activities. He stated that at one time they were involved in assisting the City of Kenai in drafting publications for a hockey rink or skating facility. Werner-Quade responded that she had read the proposal and asked if Councilman Smalley had read the proposal. She felt that the proposal was so outrageous and so outdated that she could not believe that someone had paid a person from EDD to do the study. She felt that there was never any feedback or input and that she had been told that if there were any comments they should be directed to Mayor Williams. She stated the report was on one page and in the middle of the page under the cost effectiveness it said you couldn't trust any of the report since we live in Alaska and the prices are outdated and the figures were taken from 1984 or something. Councilman Smalley responded that there was concern from Council on that particular report and that it is now being looked at as a different type of facility down the way, at a lower cost. Commissioner Werner-Quade felt that she would like to see a rink but felt the whole study was hokey. Councilman Smalley responded that their function is to help promote business or economic development within the whole peninsula, not just the Ciry of Kenai. Commissioner Werner-Quade felt that it should be looked into where the money is being spent that is collected from the taxes. Councilman Smalley responded that she would be better off to call them and ask. Commissioner Werner-Quade asked if it was what it appears to be. Councilman Smalley felt it is what it appears to be. Commissioner Werner-Quade asked about the economic symposium. She asked if there was atie-in with the EDD. Councilman Smalley stated that they will probably be there and that there has not been any goal setting with Council in probably three years. He stated that this is to look at the 5-10 year economic development of the city. Commissioner Werner-Quade stated she had first become concerned about the EDD a couple of years ago when she first saw their color, glossy brochure. Commissioner Goecke commented that he had heard once that the EDD was amoney-laundering facility for the borough. b. Borough Planning -Commissioner Bryson stated that they met last Monday. He reported that the consent agenda was approved. Changes proposed to habitat protection zone restricting boardwalk lengths was not approved. Their recommendation was to leave that portion of the ordinance the way it is and felt if Soldotna comes up with a situation where it could be appropriate, a conditional use Planning and Zoning March 26, 1997 Page 9 `~ permit could be issued. Public hearings were held on proposed street name changes. Two were requested to be reconsidered and they will be readvertised. Castaway Cove Subdivision request to build a structure. Their recommendation was to approve under the conditions of Fish and Game and DEC. They are not in favor of the proposed project without changes to the designed facility. Airport Coastal Zone management review was up for comments. There were several recommendations made for proposed Taxiway C. Item L1 authorizing the sale of 8,000 acres of land near Pt. Possession. The petitioner proposed to purchase the land for $1 million and the cost of the road to the land was to be deducted from that amount. The Borough felt the road would have to be up to borough standards and would be at the developer's expense. Negotiations are still under way. The person developing the pit near Chiechanski Road felt it should be grandfathered. The administration decided it had been in progress. The decision was appealed. The Planning Commission ruled it had been under development. They appealed to the Assembly. The Assembly reversed the decision. They now have to apply as a new pit. b. Administration -Engineer LaShot stated that he and Marilyn will not be at the next meeting. He reported that probably Bob Springer would attend. 11. PERSONS PRESENT NOT SCHEDULED None. 12. INFORMATION ITEMS Referred to items in packet. 13. COMMISSIONER COMMENTS & QUESTIONS Commissioner Mahurin asked to get comments on the Airport Commission meeting. She stated she was disappointed that City Council didn't hire a City Manager. Commissioner Bryson stated that he attended the Airport meeting and that they mainly Planning and Zoning March 26, 1997 Page 10 '~ discussed the Master Plan and discussed proposed relocated facilities at the airport. Commissioner Christian commented on the ordinance from Soldotna and felt it was a progressive step and something the city of Kenai could apply also. Commissioner Werner-Quade commented on the EDD and felt that they should change their name or maybe their stance. She did not feel that they are a business. Councilman Smalley responded that the best place for her to express her concerns were with the Assembly. He stated that during the work session for the City Manager there was concern over the number of applicants and the caliber of the candidates. He stated the majority felt they would like to continue the search next fall and requested Mr. Ross to continue until then. Commissioner Christian asked if it was because the Council anticipates a turnover in the Council in the next election. Councilman Smalley responded that it was due to the budget process in progress at this time. He felt that there was too small a turnout in the candidate search. Commissioner Glick congratulated Commissioner Mahurin on her award. 14. ADJOURNMENT COMMISSIONER GOECKE MOVED TO ADJOURN. COMMISSIONER MAHURIN SECONDED THE MOTION. The meeting was adjourned at 8:25 p.m. Respectfully submitted, Debby J. F olz __.. Planning and Zoning March 26, 1997 Page 11 G~, STAFF REPORT To: Planning & Zoning Commission Date: March 11, 1997 Prepared By: JL/mk Res: PZ97-9 GENERAL INFORMATION Applicant: Bill and Brenda Zubeck 414 Swires Drive Kenai, AK 9961 1 Requested Action: Rezone Legal Description: Buffalo Run Subdivision Existing Zoning: RR-Rural Residential Current Land Use: Undeveloped-Designated as low density residential on the Land Use Plan ANALYSIS City Engineer: the preliminary Plat has been previously reviewed by the Commission. Although the Land Use Plan designates this area as low density residential, medium density residential (RS) appears appropriate. Water and sewer can be extended and an adjacent RS zone would be enlarged. Wetlands to the east provides a natural boundary to the RR zone. Building Official: No building code issues. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ97-9 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ97-9 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED REZONING SUBMITTED BY NAME: Bill and Brenda Zubeck LEGAL: Buffalo Run Subdivision WHEREAS, the Commission finds the following: 1. The subject property is currently zoned RR (Rural Residential) 2. The present land use plan designation is Low Density Residential 3. The proposed zoning district is RS (Suburban Residential) 4. An appropriate public hearing as required was conducted April 9, 1997 5. That the following additional facts have been found to exist: • An adjacent RS zone boundary would be enlarged. • City water and sewer will be extended. NOW, THEREFORE BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the petitioned REZONING of BUFFALO RUN SUBDIVISION is hereby recommended to the Kenai City Council. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, APRIL 9 , 1997. CHAIRPERSON ~~ ~ ATTEST. Planning Secretar Cf ~ " (-~ CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~~.aoon 'VIII 1992 REZONING APPLICATION PETITTONER Bill & Brenda Zubeck ADDRESS 414 Swires PHONE 907+283-7369 LEGAL DESCRIPTION Buffalo Run Subdivision PRESENT ZONE Rural Residential PROPOSED ZONE Surburban Residential Intended Use and/or Reason for Rezoning: Subdividing of tract of land. Section 14.20.270 Amendment Procedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1 ~ Amendments to the Kenai Zoning Code and Official Map may be initiated by petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. /.21314 f_a. ~~ s~ Rezoning Application Page 2 2. Amendments to the Official Zoning Map shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right-of-way) unless the amendment enlarges an adjacent district boundary. 3. A Public Notification and Hearing is required before the issuance of this permit. 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'~- _ ~C~~sd ~LJi~CU@°~"6~flC~ftB ~. - ~ ~ + I .. ~ . . .~a_ ~ ~ ~ !.inn t~~" a"W t t 4.._: _ sc~8k?1~500 ~_ J.,'L4. ~ iSUU -_ 71~5.~;, j - ,,L+:i .~_ X51-~-67~ __ -- _ _~_ _-_. _ ` ~' H.~- ` ~ --- `tip ~J° 1~~; ~ ~~ ~ n d ~ ~ Lot 4 z } ~ Lot 5 z -'~ Lot 6 ~ I =~ .Lot ~ ~ l,ot 8 ~~ T ~` x'243:S.F 1 .?adz c;F,~ .,~a S.F i 1?~qa i 27 rF _ ice, ; 104 L1`'Ue7L'E.d{< 7 t.~i - 7 ~ ----- -- - . - _ _ 46' a, a % 353.3E % --- --- --- ----~~ W~ 4th li. ~ _..._ c~l~„ La# !J ~ja; Lot 5 "o~~, tct E f , ,/ ~~r; ~! ~' i 3886 c ~ a; 9 3$+. _: G~ O ~~ { F; f _- • - pio oI' ~ ~I' " ~j ~~ i , ,,, _ ~~ iis.r~o' Tts c' ~ • J ~ ,f~P~.3 flog a~` ~ Lot 23 ~~~' ~ `~ _~~ ~ '~ ,~ ,. "~. ~ zCOOG, S~ ,~ ;' ,X, is ~~,. rl2 _ a ~ ~ r' ~ L~Jr ~ ` ~ lot c ~'~` f ~ -,.~ `~ 4\ Lot 2t ~/ ,~ ~ ~,'~ :~~ } " `' ~ X11 J~' ~~ U`, ~ ` - \ ~ ~' ; Aq - ~~ ,, < .. . ~f <-~?' `~' Lo# 6 ~~ F ~=. / G ~ ~- F1 _ J ~ _ c. ;r - \\ ~ ~`~ ~ _ ~.S.? Lot`.7 s ~\ ~K / .~.~cs~ t~~ . Lot 8 S 'R t ~ \~ ~. ''~ \, ~ '~. . 2$5.14' - z+.+ :-tS.d". ~ - KENAI PENINSULA BOROUGH 144 N. BINKLEY ®SOLDOTNA, ALASKA ®99669.7599 BUSINESS (907) 262-4441 FAX (907)262-1892 r' 'r°^~. ~~~ MIKE NAVARRE MAYOR d March 27, 1997 Dear Property Owner: us4 You have been identified as an owner and/or lease owner of record of property within a radius of one-half mile of a proposed gravel site within that portion of the SE'/4 NW'/ except for the south 318' of the east 1260' of Section 23, Township 5 North, Range 11 West Seward Meridian, off Ciechanski Road in the Kenai-Soldotna area. Pursuant to Kenai Peninsula Borough (KPB) Code of Ordinances 21.12.090, the attached public notice and maps are provided for your review and comment. KPB 21.13.040 requires any person that proposes to use land, or to assist another to use land as a sand, gravel or material site shall obtain a permit from KPB prior to commencement of the land use. The KPB Planning Commission shall conduct a public hearing on April 28, 1997 to consider the gravel site permit application, and shall either approve, modify or disapprove the permit application, KPB 21.13.080(8). As stated in the attached public notice, anyone wishing to testify regarding the proposed land use may do so at the April 28, 1997 Planning Commission meeting. To be considered, written comments must be received by the Planning Department prior to 5:00 p.m. on April 28, 1997. Wri#ten comments may also be presented and read. into the record during the public hearing on April 28, 1997. Name, physical address and mailing address should be included in written comments. Written comments may be submitted to: Planning Commission Chairman, 144 North Binkley, Soldotna, Alaska 99669. For additional information contact Lisa Parker, Planning Director or Harriet Wegner at 262-4441. Sincerely, - ~_ Li M. Parker Planning Director LMP:HW:hw 14R R~~ ~~ ~ o tip`/ enclosure a/s PUBLIC NOTICE KENAI PENINSULA BOROUGH 21.13, LAND USE PERMIT FOR A GRAVEL SITE Public Hearing. Aland use permit application has been submitted to operate a gravel site in the Ciechanski Road area. A public hearing to consider the application has been scheduled for the Kenai Peninsula Borough Planning Commission meeting of Apri128, 1997, commencing at 7:30 p.m. The meeting will be held in the Kenai Peninsula Borough Administration Building, 144 North Binkley, Soldotna, Alaska. Proposed Land Use. On the 29.10 acre parcel, approximately 10 acres are to be mined. The applicant proposes to: (1) remove and salvage timber from the parcel; (2) strip overburden in phases from a portion of the site and stockpile for future reclamation activities; and (3) annually use approximately 50,000 cubic yards of material for an estimated ten years. Planned excavation is to bring the pit floor down to the 35 foot level. There is a known clay and silt layer at the forty foot level with no visible ground water. There are three existing gravel pits within one half mile of this site. There is no apparent ground water in any of the existing pits. De-watering will not occur. The present water table level will not be altered. No drainage ditching or pumping of surface water will take place. Mining operations will not be conducted during seasonal flooding periods. A minimum 50 foot existing natural vegetation barrier as well as a six foot earthen berm will be maintained along property lines as a buffer. The applicant has filed a Material Site Reclamation Plan and submitted payment for participation in the statewide bond pool with the State of Alaska Department of Natural Resources. The dominant vegetation of the generally flat parcel is mature spruce trees. Zoning District: Rural (KPB 21.04.010.B) Location. Kenai-Soldotna area; within that portion of the SE'/4 NW/ except for the south 318' of the east 1260' of Section 23, Township 5 North, Range 11 West Seward Meridian; KPB Assessor's Parcel Number 055-031-56. The parcel lies north of Ciechanski Road near the intersection of Ciechanski and Kalifornsky Beach Road. The -Kenai River is approximately 1,500' north of the parcel. Applicant: Terry Best. Property Owner: Bradley and Susan Phillips Anyone wishing to testify regarding the proposed land use may do so at the April 28, 1997 Planning Commission meeting. To be considered, written comments must be received by the Planning Department prior to 5:00 pm on April 28, 1997. Written comments may also be presented and read into the record during the public hearing on April 28, 1997. Name, physical address and mailing address should be included in written comments. Written comments may be submitted to: Planning Commission Chairman, 144 North Binkley, Soldotna, Alaska 99669. For additional information contact Lisa Parker, Planning Director or Harriet Wegner at 262-4441. The Kenai Peninsula Borough reserves the right to waive technical deficits in this publication. Publish Twice: Peninsula Clarion, April 3 and April 17, 1997. ~~ PARCEL 055-031-56 29~ LOCATION OF PROPOSED GRAVEL SITE ~iL - •'~.. ~~ CIRCLE PARK ESTA ' ApOITION~ NO'. 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Y•iy: +•••~.,•: ~.•/n.v..; ~,~ - ..w~~ yvwir,'•}: ':•• ••i.ry'+Gw!S?MlfiiM~~i~wJww: •}vw:vw:r ~ ~ i ~ ff •`•: F•:}s •}ii'^+.4ri?h.. :::^.^.? . •'$'i.:rrF:•v' .. . ~ ~ Qy is N:.:.;: '•}}•'~J,.%i}:vii} :, •:}n 2 > v. ~ ; {{t$Yiv;.::•.::. ......., ?::vyv-, ~:; •; {.:.. ;.•`•}:i:}S i:fii.;'~?~:f OOdINODD I ~I ••+•f •:}i •~i$• • }i sr'i'$~~::}'>'~~•+,L~'~i•.~ ;~~~j y ~ ~ NELCS-.oo•~. ~~ a; CIANONO NILLON ESTa { ~- N11t Sty ~! ~-- ~ i.m~„•-y ~.`~"° II ~j~•Yf M. t ~ j i ' ~ 1/2 MILE NOTIFICATION BUFFER same- _-' a~ , '",~ KENAZ PENINSULA BOROUGH ~. ~'~ '}y' . •` ~~ GIS DIVISION ~ 'J9~m8®a~9di9F7a57s3:8~ -- a i c • acx~r• :a. KPB PARCEL 055-031-56 -' a~0a~a~sai~amsusa~m n •ai ~~ciwis~ a LOCATION OF PROPOSED GRAVEL SRE j aa. v ac....~urc wwu~ "~ ~~"~•~~'°°'°' cAEATEO er: pLANNEFl ~ NORTH •W~.... ~sonua:...a _~ '"°"''"""' scALE:1'=1356' wrc p3/21/97 `i '" '" '" '" '" ( I wTana. PuNr AID ExcAYAita AREA '^ ~ ~C'~ T T T T T T s>loac PaE ~- I s AQE3 (APVwc) T kq I I ~ ~ ~ ~ ~ ~ ~Fo "' '" ~ T ~ I i I i I i l i l i l i T ~ T ~S T T ~ - ~y T E~ T T T ( 0 I ~9 ~• T T T T T T T m .n ~n i ~y ~. T T T T T T,~T T T ~n ~. .n ~n T ~r .n ^. T T b n - - - - "YQ - ~ CIECHANSKI ROAD - - I \ ~ ACCESS ROAD I T T T T T T T T T T T T T T T T I o a ~ ~ ~ ~ ~ ~ ~ ~ ~ 250' (APPROX.) T T T T T T T T T T T T T T T T T T T T T T T T T ' T T T T T T T T / / / T ~n •~ ~ T T T ~. T ,~ / fU1lJAE E1ICAYATION AREA ~ ~ / " / "~ I T ~. T T T ~. T T / ~ ~ T T T T T .~ T T T ~// / ~ T '" '" '" "" 1 b "' "' '" I I I I I~ I I '" .~ T T .~ T . 1 1 1 1 1 1 \\ T 1'1'1'1'1'11 ~ 6 TALL TOPSOIL EERY T T T T T T T T NOTES ,~ ~, .~ ~. ,~ ~. .~ .~ to NW 1/4 NW 1/4 SECTION 23 T. S N.. R, it W., S.Y., AK ~. T T T T T T T CONTAINING ~0 ACRES YORE OR LESS. T T T T T T T T I ~ ~ ~ ~ ~ ~ ~ ~ I ib ~PORDnoN Of. 3 N Rill W~ S Y4. I ~ ~ ~ ~ ~ ~ ~ ~ AK. LYING NORTHEAST OF THE KALtfORNSKY BEACH ROAD ANO ~ ~ ~ ~ ~ ~ ~ ~ NORTH of CIECHANSKI ROAD ~ RICHi OF WAYS CONTAINING ~ .n T T T ~ Ci T T T T 30.3 ACRES YORE OR 1E55. W ~,~ ,~ ,~, ,~ ,~ ,~ ,~ T tc A PORTION OF THE SE 1/4 ~ Nw 1/a sECnaN z3, T. s N., T T T T T T T T R. 11 W., LYING NORTH OF THE CIECNANSKI ROAD I .w .* .w T T T T .-. RIGHT OF WAY CONTAINING 38.3 ACRES YORE OR LESS. ;~~~ ~-~,`,:~,.. - ~ LEG _.r. END ® NATURALY WOODED AREA ® FUTURE EXCAVATION AREA MATERIAL, PLANT AND Q STOCK PILE AREA EXCAVATION AREA ® 5 ACRES (APPROX) ~~~ _~ _ PLOT MAP BIG D~~. ~ ~ `~' ' ~ "~ CIECHANSKI ROAD GRAVEL PIT LAYOUT SCALE ;': JOR X10. DRAWING NUMBER R V. <.., ;: NONE A ~Q--~ (~wB. 3/20/97 AK-0001 ~ "`'' '= ~. L.E ® ._ . b'• TALI, TOPSOI H- BERY APPROX r ~ _ ~ ,_ ~~A ~• rJtAi~i ~ ~.~~, O .~ y0' .'} ~.- ~.~ . r aF ovER OUROEN (APPRCx.) .~t ~..; WTERIAL, PLANT ANO . ~;'.: ti ° __ -.S10CK PILE AREA. ~:. '.~ ="= ., 3. ' .a •._y,. ,,. ~ .~ d ~. a.. 3S' OF GRAVEL (APPROX) ~ ~ ~ • A~ • ... ., ~. ., : ~ / }. T~ :. ~r-~. _. - ;- 6' TALL TOPSOIL EERY (APPROX) r ov ovER BURDEN (APPROX) R/ I .il - EXCAVATION AREA ~ ~ ;s= 3 ACRES (APPROX) ~ OF GRAVEL (APPROX) . • e • j / . ~/ / 33' OF SILT ANO CLAT (APPROX) / / :~;:. ; :~: . ~_: a ;,: ~- . ~_. ,.. r• :' „,~:~, X~ ~„r~. SECTION 9a• MATERIAL MAKE-UP A SCALE : NONE Au- ~: - ; ~. ~, BIG-~D4G.~ _ SECTION " ~~ ~ .~ _ CIECHANSKI ROAD ~' ~-~~~'--~- --~~.~~~ GRAVE~,~~~,MATERIAL MAKE-UP~,~, ~. SC=iE _ ~0 `" ~" ~ ~- ~ - ""ORAW(NG NUMBER ~ q ~ , . ~ ..~~E '.20/97 ~' r-: ,, - __ _ • _~. ... ~.~ , ,; .a.. ~~~ ~ - Kenai Peninsula Borough i P Planning Department 0 144 North Binkley Soldotna, Alaska 99669-7599 ~ (907) 262-4441, extension 260 .,, ... ~, FAX (907) 262-8618 March 28, 1997 NOTICE OF BOROUGH PLAT COMMITTEE ACTION MEETING OF MARCH 24, 1997 RE: Angler's Acres Lowe Addn. Preliminary Plat The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Plat Committee. 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 March 28, 1997 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: Bryan & Helen Lowe, 1105 Angler Drive, Kenai, Alaska 99611. KPB File Number: 97-054 ti~~~ ~ ?gyp d. J m ~~ ~ °) e~ u 9La~~ AGENDA ITEM D. CONSIDERATION OF PLATS 11. Angler's Acres Lowe Addn. (Preliminary) KPB FILE 97-054 [McLane Consulting Group] Staff report as read by Maria Sweppy. Plat Committee Meeting 3/24/97 Location: Kenai River and Angier Drive within the City of Kenai Proposed Use: Residential/Recrea!;onal Zoning: Rural Residential Sewer/Water. On-site -City services are not currently available per the city's minutes. Supporting Information: This subdivision of the remaining acres of Gov't Lot 5 will create three tracts. Two tracts are slightly over an acre in size with the third tract being 17.172 acres. An engineer's wastewater disposal notes are on the plat. A soils report will be submitted to the Borough. Staff recommends not requiring KPBPC Resolution 88-02 note and affidavit. Portions of the subdivision are within the Kenai River Habitat Protection Area. Development may require a permit under Title 21, Borough Code of Ordinances. A note is to be on the final plat. 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. Provide date of this survey. 2. Indicate the approximate location of the area subject to inundation by storm or tidal flooding. If applicable, cite the study identifying the flood plain. 3. Show ordinary or mean highwater line. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 4. Identify existing easements and label use; or cite record reference. 5. Survey and monumentation to meet Ordinance requirements; or an exception having been granted. 6. Conform to conditions of KPB Planning Commission Resolution 78-6. 7. ADEC signature -compliance with regulations in effect at such time as 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 of plat are sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. 10. Flag lot design. Plat note on plat 'No structures permitted within panhandle portion of flag lot(s).° While reading the staff report, Ms. Sweppy advised that the Kenai Planning and Zoning Commission reviewed and recommended approval of the plat on March 12, 1997. END OF STAFF REPORT MOTION: Commissioner Hensley moved, seconded by Commissioner Boscacci, to grant approval of the preliminary plat subject to staff recommendations. Mr. McLane said Tract 3 is to be sold to the Exxon Valdez Trustees. The intent is to put all the useful property in Tract 1 and 2 so they can be used for residential lots. Commissioner Hensley asked if the Trustees held in the ' land in preservation-type status. Mr. McLane replied yes. He added it was nontaxable land. Kenai Peninsula Borough Plat Committee March 24, 1997 Meeting Page 19 •~~ .. . March 26, 1997 Kenai Peninsula Borough Planning Department 144 North Binkley Soldotna, Alaska 99669-7599 (907) 262-4441, extension 260 FAX (907) 262-8618 ~~ ~ .. ~. . ., MAR 1997 e ~~~;~;~~~~ Posy?:~ ~:~'~~a" ~°W~. `~; r ~t,~3 f4 NOTICE OF BOROUGH PLAT COMMITTEE ACTION MEETING OF MARCH 24, 1997 RE: Baron Park S/D Fire Addn. Preliminary Plat The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Plat Committee. 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 March 26, 1997 to: City of City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Advisory Planning Commission: n/a Survey Firm: Swan Surveying, P.O. Box 987, Soldotna, Alaska 99669. Lease Holder: University of Alaska, 910 Yukon Drive, Suite 211, Fairbanks, Alaska 99775. KPB File Number: 97-050 AGENDA ITEM D. CONSIDERATION OF PLATS 5. Baron Park S/D Fire Addn. KPB FILE 97-050 [Swan Surveying] Staff reoort as read by Maria Sweppy. Location: Marathon Road and Magic Avenue within the City of Kenai ProNOSed Use: Commercial Zoning: Light Industrial Sewer/Water. City per the submittal - It is not currently served per the city. (Preliminary) Plat Committee Meeting 3/24/97 Suoportina Info ation: The proposed subdivision and replat of Tracts A-1 and A-2, Baron Park Subdivision No. 7, will create two tracts. The smaller tract has ten acres, and the larger tract has 30 acres. The Kenai Planning and Zoning Commission recommended preliminary approval on February 26, 1997. KPBPC Resolution 88-02 note is on the plat. An affidavit has not been submitted. 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. No additional preliminary information is required. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 2. Survey and monumentation to meet Ordinance requirements; or an exception having been granted. 3. Note 4 -revise to remove reference to setback within city limits. 4. Conform to conditions of KPB Planning Commission Resolution 78-6. 5. ADEC signature -compliance with regulations in effect at such time as plat is finalized. 6. Compliance with Ordinance 90-38(Substitute) -Ownership. 7. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing of plat are 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 Johnson moved, seconded by Commissioner Boscacci, to grant approval of the preliminary plat subject to staff recommendations. VOTE: The motion passed by unanimous consent. BOSCACCI HAMMELMAN HENSLEY JOHNSON FOUR YES YES YES YES YES Kenai Peninsula Borough Plat Committee March 24, 1997 Meeting Page 7 Kenai Peninsula Borough Planning Department 144 North Binkley Soldotna, Alaska 99669-7599 (907) 262-4441, extension 260 FAX (907) 262-8618 March 28, 1997 NOTICE OF BOROUGH PLAT COMMITTEE ACTION MEETING OF MARCH 24, 1997 RE: Papa Joe's S/D Preliminary Plat The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Plat Committee. 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 March 28, 1997 to: City of: City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Advisory Planning Commission: n/a Survey Firm: Whitford Surveying, P.O. Box 4032, Soldotna, Alaska 99669-4032. Subdivider/Petitioner: Hugh and Joe Chumley, P.O. Box 753, Sterling, Alaska 99672- 0753. KPB File Number: 97-056 ~~~?,g 30 3~ ~'2~ ~ry ~ ~` ~R :t~j J ~_~ `~ '~ ~. O `~O~ ; ~~/ 6L8~C1.9bSc.''2/ , AGENDA ITEM D. CONSIDERATION OF PLATS 13. Papa Joe's SID (Preliminary) KPB FILE 97-056 [Whitford Surveying] Staff report as read by Maria Sweppy. Plat Committee Meting 3/24/97 Location: Kenai Spur Highway and Cinderella Street within the City of Kenai Proposed Use: Residential Zoning: Rural Residential 1 Sewer/Water. City Supoortina Information: This subdivision of Government Lots 31 and 32 will create seven lots with Lot 5 being a flag lot. The eastern half of Cinderella Street and the southern half of Magic Avenue have not been formally dedicated. Both are right-of--way and utility easements over the government lots. Staff recommends including within the subdivision boundary and formally dedicating the rights-of-way. The Kenai Planning and Zoning Commission recommended preliminary approval on March 12, 1997. That Commission requested the building setback be changed from 20' to 25' or a note that all setbacks are as required by the Kenai Municipal Code. The Borough always recommends the building setback note be removed from plats within the cities. Wastewater Disposal note on the plat. The lots are not currently served by city sewer and water, but can be according to the City's minutes. Staff recommends not requiring KPBPC Resolution 88-OZ note and affidavit. 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. Vicinity Map -label Bridge Access Road ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 2. Survey and monumentation to meet Ordinance requirements; or an exception having been granted. 3. Remove building setback statement on the plat within city limits. 4. Conform to conditions of KPB Planning Commission Resolution 78-6. 5. ADEC signature -compliance with regulations in effect at such time as plat is finalized. 6. Compliance with Ordinance 90-38(Substitute) -Ownership. 7. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing of plat are sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. 8. Flag lot design. Place note on plat °No structures permitted within panhandle portion of flag lot(s)." END OF STAFF REPORT MOTION: Commissioner Hensley moved, seconded by Commissioner Johnson, to grant approval of the preliminary plat subject to staff recommendations. Kenai Peninsula Borough Plat Committee March 24, 1997 Meeting Page 22 I~ ~ Suggested by: Planning & Zoning CITY OF KENAI ORDINANCE N0. 1737-97 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL CITY OF KENAI ZONING MAP FOR CERTAIN LANDS, FBO SUBDIVISION NO. 6, LOCATED WITHIN THE E1 /2 NE1 /4 SECTION 32, T6N, R1 1 W, S.M., CITY OF KENAI, KENAI RECORDING DISTRICT, KENAI PENINSULA BOROUGH, ALASKA WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai, and WHEREAS, the Official City of Kenai Zoning Map depicts these lands as Conservation (C), and WHEREAS, the City of Kenai Land Use Plan designation for this area is General Industry, and WHEREAS, the Official City of Kenai Zoning Map depicts adjacent lands as Light Industrial (IL), and WHEREAS, the Kenai Planning & Zoning Commission held a public hearing on March 26, 1997 and as a result of that public hearing recommend approval of the proposed amendment to the Light Industrial (IL) zoning designation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1 . Subject properties consisting of those lands depicted in Exhibit A, FBO Subdivision No. 6, located within the E1 /2 NE1 /4 Section 32, T6N, R1 1 W, S.M., City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska, Alaska are hereby amended to Light Industrial (IL). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of May, 1997. John J. Williams, Mayor ATTEST: Carol L. 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