HomeMy WebLinkAbout1998-08-12 p&z packet- AGENDA
`~ CITY OF KENAI
PLANNING & ZONING COMMISSION
KENAI CITY COUNCIL CHAMBERS
August 12,1998 - 7:00 p.m.
http://www.ci.kenai. ak.us
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Approval of Minutes: July 8,1998 (July 22,1998 Info Only)
d. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission 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.
2. SCHEDULED PUBLIC COMMENT:
3. CONSIDERATION OF PLATS:
a. PZ98-31-Preliminary Plat--NealSand Subdivision
j b. PZ98-35-Preliminary Plat--Etolin Subdivision - 1998 Addition
c. PZ98-38-Preliminary Plat-Wesbet Subdivision - Replat Number Two
4. PUBLIC HEARINGS:
a. PZ98-34--Variance--Minimum Lot Area--For the property described as Five Irons
Heights Subdivision which is located off Lawton Drive, Kenai, Alaska. Application
submitted by City of Kenai, 210 Fidalgo, Suite 200, Kenai, Alaska.
b. PZ98-37--Conditional Use Permit--Cabin Rentals--For the properties described as
Lot 3, Block 8, Valhalla Heights Part #3, 4140 N. Dogwood Lane, Kenai, Alaska; Lot
4, Block 8, Valhalla Heights Part #3, 4150 N. Dogwood Lane, Kenai, Alaska; and
Lot 1, James H. Cowan Estates, 1010 Angler Drive, Kenai, Alaska. Application
submitted by Clinton A. Coligan, P.O. Box 4300 Soldotna, Alaska.
c. PZ98-39--Conditional Use Permit--Assisted Living Home/Convalescent Care Home-
-For the properties described as Lots 27 and 28, Block 7, Valhalla Heights
Subdivision No. 3, 175 & 185 Phillips Drive, Kenai, Alaska. Application submitted
by La Vonna S. James, 2425 Florida Avenue, Kenai, Alaska.
5. NEW BUSINESS:
a. *PZ98-36--Home Occupation Permit--Photography Studio. Application submitted
by Daniel W. Franklin, 328 Portlock Street (Lot 21, Block 2, Central Heights
Subdivision, First Addition), Kenai, Alaska.
b. KMC 14.20.150 -Conditional Use Permits--Discussion
c. Lease Application -Lot 4, Block 1, Gusty Sub. Addn. #1
~ 6. OLD BUSINESS:
7. CODE ENFORCEMENT:
a. Triple T. Autobody
b. 695 Sycamore Circle-Status Update
c. Conditional Use Permit (Cowan)--Lots 4 & 5 Anglers Acres
8. REPORTS:
a. City Council
b. Borough Planning
c. Administration
9. PERSONS PRESENT NOT SCHEDULED:
10. INFORMATION ITEMS:
11. COMMISSION COMMENTS & QUESTIONS:
12. ADJOURNMENT:
Ic
~~ CITY OF KENAI
PLANNING AND ZONING COMMISSION
July 8, 1998 - 7:00 p.m.
Chairman: Carl Glick
*** MINUTES ***
1. CALL TO ORDER & ROLL CALL:
Chairman Glick called the meeting to order at 7:00 p.m.
Members Present: Carl Glick, Teresa Werner-Quade, Ron Goecke, Barb Nord,
Art Graveley
Members Absent: Phil Bryson, Karen Mahurin
Others Present: Councilman Hal Smalley, Administrative Assistant Marilyn
Kebschull, Contract Secretary Barb Roper
2. APPROVAL OF AGENDA:
GOECKE MOVED TO APPROVE THE AGENDA INCLUDING THE
ADDITIONAL ITEMS HANDED OUT PRIOR TO THE MEETING AND ASKED
FOR UNANIMOUS CONSENT. MOTION SECONDED BY GRAVELEY.
AGENDA WAS APPROVED AS PRESENTED.
3. APPROVAL OF MINUTES: -June 24, 1998
WERNER-QUADE MOVED TO APPROVE THE MINUTES OF JUNE 24, 1998
AND ASKED FOR UNANIMOUS CONSENT. SECONDED BY GOECKE. THE
MINUTES OF JUNE 24, 1998 WERE APPROVED AS WRITTEN.
4. PERSONS SCHEDULED TO BE HEARD: None
5. CONSIDERATION OF PLATS: -None
6. PUBLIC HEARINGS: -None
7. NEW BUSINESS:
a. PZ98-32 -- Landscape/Site Plan Review (Lot 4, Shaginoff
Subdivision, 5616 Kenai Spur Highway.
GOECKE MOVED TO APPROVE PZ98-32. MOTION SECONDED BY
WERNER-QUADE.
Planning 8v Zoning Commission
July 8, 1998
Page 1
Kebschull reported that the City Engineer reviewed the plat in the
subdivision and there is a 40' right-of--way in the front of the lots in
addition to a 200' right-of--way next to the Seward Highway so that
actually takes back from the plat that was submitted. Kebschull
continued, the City Engineer believes the 75' of trees is located in the
right-of--way. It was also noted that the owner was present in the
audience.
No further discussion.
Vote
WERNER-QUADE YES GOECKE YES
NORD YES GRAVELEY YES
GLICK YES
Motion passed unanimously.
8. OLD BUSINESS: -None
9. CODE ENFORCEMENT ITEMS: -None
10. REPORTS
a. City Council
Councilman Smalley pointed out that a copy of the Council agenda from
the July 1 meeting was included in the packet. The following report was
made:
Item C-1 failed as the Challenger Learning Center had the funds
available for the design and did not need assistance from the City.
Smalley reported that the Challenger Learning Center no longer has a
relationship with the City of Kenai and will move forward independently,
however, the City will own the land the center is built on.
Item C-2, Ordinance No. 1787-98, Development Requirements Table,
was passed, however it was amended to remove the administrative
exemptions of 10%. Council felt that if there was going to be an
adjustment on the property line the adjacent owners need to be notified.
Additionally, Council looked at the time reference and if in fact the item
was put on a consent agenda and a Commissioner decided to have it
pulled then that would reschedule it for another hearing, ultimately
delaying construction for up to a month.
Items C-4, 5 and 6 were passed unanimously.
Planning 8v Zoning Commission
July 8, 1998
Page 2
Item H-6, the Board of Adjustment Hearing is scheduled for Tuesday,
July 21. The reason it is scheduled on a Tuesday is due to the amount
of testimony to be given.
Item H-7 was put on hold pending notification from FAA regarding
whether or not FAA funds qualify for development contracts.
Item H-8, discussion of the Airport terminal smoking policy. Two
resolutions will be brought before Council on July 15. One will
completely eliminate smoking in the terminal and the other will be to
provide a designated smoking area, either in a glassed-in area or outside
the terminal. Smalley noted that one of the two resolutions will pass.
Werner-Quade commented on the smoking policy in the airport terminal
and pointed out the issue was discussed previously when she was on
the Airport Commission because of State laws that go along with
smoking. Werner-Quade reported that whenever she goes into the
terminal she just about dies because of the smoke. Werner-Quade
continued, she delivers mail to the terminal and cannot wait to get back
outside because the smoke is quite bad for a public area. Smalley
encouraged Werner-Quade to come to the Council meeting to sign up to
testify but pointed out that at this point in time the Airport is not in
violation of the law.
b. Borough Planning - No report
c. Administration:
Kebschull bought attention to the information handed out prior to the
meeting regarding Conditional Use Permits and noted it was provided so
that the Commission could review it. Kebschull continued, in the past
several months it was noted there was some problems in the way the
current code was written. As a result, the City Attorney and Kebschull
reviewed other City codes and came up with what they felt would be best
for the City of Kenai. After a brief discussion it was decided that the
item would be put on the next agenda as a discussion item. Kebschull
will provide a memo explaining the changes and it will be forwarded to
the Commissioners.
11. PERSONS PRESENT NOT SCHEDULED: -None
12. INFORMATION ITEMS:
a. Kenai Municipal Airport Master Plan Executive Summary
13. COMMISSION COMMENTS AND QUESTIONS:
Planning & Zoning Commission
July 8, 1998
Page 3
Commissioner Nord expressed concern with the junked vehicles within the
City, most specifically those located on Sycamore and First Avenue.
Commissioner Graveley commented on the Airport Master Plan Executive
Summary and stated it was an excellent looking plan but it is aggressive.
Graveley felt it was something that needs to probably be approved for the
overall future of the community and the City. Graveley expressed concern with
the approach pattern at the south end of the runway and thought perhaps
problems may be created down the road with larger aircraft and the noise
associated with them. Graveley noted that this has probably been studied and
it is possible there isn't too much that can be done about it unless the airport
is moved.
Commissioner Werner-Quade stated that the Moose Camper Park is in full
swing again this year and having just gotten back from camping in Seward and
paying $8.00 per night, she noted the campers don't pay anything at the Moose
Camper Park.
14. ADJOURNMENT:
GRAVELEY MOVED TO ADJOURN. MEETING ADJOURNED AT 7:16 P.M.
Respectfully submitted,
Barbara Roper, Contract Secretary
Planning & Zoning Commission
July 8, 1998
Page 4
~G
CITY OF KENAI
PLANNING AND ZONING COMMI
July 22, 1998 - T:00 p.m.
Chairman: Carl Glick
*** MINUTES ***
Vice Chairman Bryson called the meeting to order at 7:15 p.m.
1. CALL TO ORDER:
a. Roll Call
Members Present: Phil Bryson, Teresa Werner-Quade, Ron Goecke
Members Absent: Carl Glick, Barb Nord, Karne Mahurin, Art Graveley
Others Present: Councilman Hal Smalley, Administrative Assistant Marilyn
Kebschull, Contract Secretary Barb Roper
Vice Chair Bryson canceled the meeting at 7:15 p.m. due to lack of quorum.
b. Agenda Approval
c. Approval of Minutes: July 8, 1998
d. Consent Agenda
* All items listed with an asterisk (*) are considered to be routine
and non-controversial by the Commissoon and will be approved by
one motion. There will be no separate discussion of these items
unless a Commission Member so requests, in which case the item
will be removed from the Consent Agenda and considered in its
normal sequences on the agenda as part of the General Orders.
4. SCHEDULED PUBLIC COMMENT:
3. CONSIDERATION OF PLATS:
a. PZ98-31 -- Preliminary Plat -- NealSand Subdivision
b. PZ98-35 -- Preliminary Plat -- Etolin Subdivision -- 1998 Addition
6. PUBLIC HEARINGS:
a. PZ98-34 -- Variance -- Minimum Lot Area--For the property
described as Five Irons Heights Subdivision which is located off
Lawton Drive, Kenai, Alaska. Application submitted by City of
Kenai, 210 Fidalgo, Suite 200, Kenai, Alaska.
7. NEW BUSINESS:
Planning & Zoning Commission
July 22, 1998
Page 1
a. *PZ98-36--Home Occupation Permit--Photography Studio.
Applicatoin submitted by Daniel W. Franklin, 328 Portlock Street
(Lot 21, Block 2, Central Heights Subdivision, First Addition, Kenai,
Alaska.
b. Kenai Peninsula Borough Trail Plan--Discussion
c. KMC 14.20:150 -- Conditional Use Permits -- Discussion
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:
13. COMMISSION COMMENTS AND QUESTIONS:
14. ADJOURNMENT:
Respectfully submitted,
Barbara Roper, Contract Secretary
Planning & Zoning Commission
July 22, 1998
Page 2
STAFF REPORT
To: Planning & Zoning Commission
Date: July 8, 1998
Prepared By: JL/mk
Res: PZ98-31
3a
GENERAL INFORMATION
Applicant: Integrity Surveys
605 Swires Drive
Kenai, AK 9961 1
Requested Action: Preliminary Plat
Legal Description: NealSand Subdivision - A Subdivision of Government Lot
40
Existing Zoning: RR-1--Rural Residential 1
Current Land Use: Undeveloped/Medium-Low Density Residential
Land Use Plan: Medium Density Residential
ANALYSIS
City Engineer:
This plat subdivides and existing government lot into four parcels. Sewer, water,
and streets are constructed fronting each lot. No installation agreement needed.
Building Official:
No building code issues.
RECOMMENDATIONS
Recommend approval.
ATTACHMENTS:
1. Resolution No. PZ98-31
~ 2. Preliminary Plat
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ98-31
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 was referred to the City of Kenai Planning and Zoning Commission on
June 23, 1998, and received from Integrity Surveys, and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned RR-1 (RURAL RESIDENTIAL 11 and therefore subject to said zone
conditions.
2. Water and sewer: Available
3. Plat does not subdivide property within a public improvement district subject to
special assessments. There is not a delinquency amount owed to the City of Kenai
for the referenced property.
4. Installation agreement or construction of improvements is not required.
5. Status of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. Plat shall verify that no encroachments exist.
8. Street names designated on the plat are correct.
9. CONTINGENCIES:
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE
SUBJECT NEALSAND SUBDIVISION TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
AUGUST 12, 1998.
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36
STAFF REPORT
To: Planning & Zoning Commission
Date: July 8, 1998
Prepared By: JL/mk
Res: PZ98-35
GENERAL INFORMATION
Applicant: McLane Consulting Group
P.O. Box 468
Soldotna, AK 99669
Requested Action:
Legal Description:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Preliminary Plat
Etolin Subdivision - 1998 Addition
CG (General Commercial) & IL (Light Industrial)
Commercial
General Commercial
City Engineer:
See Building Official.
Building Official:
This plat moves two property lines to facilitate required yard area of the Uniform
Fire Code. The interior of the existing building is being renovated.
RECOMMENDATIONS
ATTACHMENTS:
1. Resolution No. PZ98-35
2. Preliminary Plat
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ98-35
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 was referred to the City of Kenai Planning and Zoning Commission on
July 6, 1998, and received from McLane Consulting Group, and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned CG--GENERAL COMMERCIAL AND IL--LIGHT INDUSTRIAL and therefore
subject to said zone conditions.
2. Water and sewer: Served
3. Plat does not subdivide property within a public improvement district subject to special
assessments. There is not a delinquency amount owed to the City of Kenai for the
referenced property.
4. Installation agreement or construction of improvements is not required.
5. Status of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. Plat shall verify that no encroachments exist.
8. Street names designated on the plat are correct.
9. CONTINGENCIES:
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE
SUBJECT ETOLIN SUBDIVISION - 1998 ADDITION TO ANY NEGATIVE FINDINGS AS STATED
ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
AUGUST 12, 1998.
CHAIRPERSON
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Planning Department FpgRT ~
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Sotdotna, Alaska 99669-7599
toU free within the Borough 1-800-478-4441, eztension 260
(907) 262-4441, eztension 260
FAX (907) 262-8618
e-mail: planning@borough.kenai.akus
August 3, 1998
NOTICE OF BOROUGH PLAT COMMITTEE ACTION
MEETING OF JiJLY 27, 1998
ltE: Etolin Subdivision 1998 Addition 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
August 3, 1998 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: Carr-Gottstein Properties, 6401 A Street, Anchorage, Alaska
99518-1824.
KPB File Number: 98-148
AGENDA ITEM D. CONSIDERATION OF PLATS
l
3. Etolin Subdivision 1998 Addition
KPB FILE 98-148 [McLane Consulting Group]
Staff report as read by Maria Sweppy.
RECEIVED
AUG - 4 1998
_ _ CITY_OF KENAI
(Preliminary)
Plat Committee Meeting 7/27/98
Location: Kenai Spur Highway and Barnacle Way within the City of Kenai
Proposed Use: Commercial
Zoning: Unrestricted
Sewer/Water. City
Suooortina Information: This replat of Lots 5, 6 8~ 10, Etolin Subdivision, moves common lot lines to meet
current building codes.
The plat was scheduled to be reviewed by the Kenai Planning 8~ Zoning Commission on July 22, 1998. The
Commission did not have a quorum and could not act on the plat. The plat has been scheduled before the Kenai
Commission on August 12, 1998, which is two days after the next Borough meeting.
Following a discussion with the Kenai Planning staff, the Borough staff decided to leave the plat on this meeting
making any approval subject to City approval. This is a simple plat and no problems are anticipated at the City
level.
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. Correll or add to the legal descriptioNiocation/area. Include reference to replat of Lots 5, 6, ~ 7.
2. Provide date of this survey.
3. Show existing streets with name and width.
ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE
WITH TITLE 20:
4. State right-of--way. Show source of information for data used.
5. Survey and monumentation to meet Ordinance requirements; or an exception having been granted.
6. Correll Barnacle Avenue to Barnacle Way; and correct Main Street to Main Street Loop.
7. Remove building setback statement on plat within city limits.
8. Conform to conditions of KPB Planning Commission Resolution 78-6.
9. Compliance with Chapter 20.16.155 D and 20.14 Wastewater Disposal regulations
10. Compliance with Ordinance 90-38(Substitute) -Ownership.
11. 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.
Note: Appeal may be taken from the decision of the plat committee to the planning commission acting as
platting board by filing written notice thereof with the borough planning director within 10 days after
notification of the decision of the plat committee by personal service, service by mail, or publication.
(2.40.080 Borough Code of Ordinances)
END OF STAFF REPORT
MOTION: Vice Chairman Bryson moved, seconded by Commissioner Knock, to grant approval to the
preliminary plat subject to staff recommendations.
KENAI PENINSULA BOROUGH PLAT COMMITTEE JULY 27, 1998 MEETING PAGE 6
UNAPPROVED MINUTE
3 c.
STAFF REPORT
To: Planning & Zoning Commission
Date: July 21, 1998
Prepared By: JL/mk
Res: PZ98-38
GENERAL INFORMATION
Applicant: Integrity Surveys
605 Swires Drive
Kenai, AK 9961 1
Requested Action: Preliminary Plat
Legal Description: Wesbet Subdivision - Replat Number Two
Existing Zoning: RS--Suburban Residential
Current Land Use: Residential
Land Use Plan: Medium Density Residential
ANALYSIS
City Engineer:
The owner wishes to eliminate property lines to make one large parcel. The
existing utility easement will remain as utilities occupy the easement.
Building Official:
No building code issues.
RECOMMENDATIONS
Recommend approval.
ATTACHMENTS:
1. Resolution No. PZ98-38
2. Preliminary Plat
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ98-38
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 was referred to the City of Kenai Planning and Zoning Commission on
July 20, 1998, and received from Integrity Surveys, and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned RS--(SUBURBAN RESIDENTIAL) and therefore subject to said zone
conditions.
2. Water and sewer: Available
3. Plat does not subdivide property within a public improvement district subject to
special assessments. There is not a delinquency amount owed to the City of Kenai
for the referenced property.
4. Installation agreement or construction of improvements is not required.
5. Status of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. Plat shall verify that no encroachments exist.
8. Street names designated on the plat are correct.
9. CONTINGENCIES:
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE
SUBJECT WESBET SUBDIVISION, REPEAT NUMBER TWO TO ANY NEGATIVE FINDINGS AS
STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
AUGUST 12, 1998.
CHAIRP` ERAS N . ,
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STAFF REPORT
To: Planning & Zoning Commission
Date: July 1, 1998
Prepared By: JL/mk
Res: PZ98-34
GENERAL INFORMATION
Applicant: City of Kenai
210 Fidalgo, Suite 200
Kenai, AK 9961 1
Requested Action: Variance -Minimum Lot Area
Legal Description: Five Irons Heights Subdivision
Existing Zoning: R -Recreation
Current Land Use: Undeveloped -Recreation
Land Use Plan: Medium Density Residential
ANALYSIS
General Information:
KMC 14.20.180 details the intent and application process for Variance Permits.
The Code also outlines the review criteria that should be used by the Planning and
Zoning Commission to determine if a variance should be granted. The Commission
shall establish a finding that all of the following conditions exist as a prerequisite to
issuance of a variance permit:
1. Special conditions or circumstances are present which are peculiar to
the land or structures involved which are not applicable to other lands
or structures in the same zoning district.
2. The special conditions or circumstances have not been caused by
actions of the applicant and such conditions and circumstances do not
merely constitute a pecuniary hardship or inconvenience.
3. The granting of the variance shall not authorize a use that is not a
permitted principal use in the zoning district in which the property is
located.
4. The granting of a variance shall be the minimum variance that will
provide for the reasonable use of the land and/or structure.
5. The granting of a variance shall not be based upon other non-
conforming land uses or structures within the same land use or zoning
district.
PZ98-34 -Variance Page 2
Comments
Five Iron Heights Subdivision was reviewed and approved by the Planning and
Zoning Commission on October 8, 1997. The plat was approved by the Kenai
Peninsula Borough and recorded on December 29, 1997. During these reviews and
approvals, the lot size was never discussed. Staff has determined that the plat was
approved with lot sizes less than the 20,000 square feet required in the R -
Recreation zone. The lots range in size from 15,251 to 21,1 12 square feet. The
lots were platted to take advantage of existing water and sewer stub outs. All lots
have water and sewer service.
This is the same land that the Commission reviewed and determined was not
needed for public purpose. This was at the May 27th Planning and Zoning meeting.
The information provided at that time was that the lots within Blocks 1 and 2
would be sold and the proceeds dedicated toward a multipurpose recreation facility.
It was during the final preparation for the sale of these lots that the lot size
discrepancy was noticed. The sale of these lots is tentatively scheduled for early
August.
City Engineer:
Lot depth was determined by the position of Lawton Drive and the Golf course
(150'). Lot width was determined by previously placed water and sewer services
(approximately 106'). The lots are larger than most RS (Suburban Residential)
zoned lots.
Building Official:
No building code issues.
RECOMMENDATIONS
The lot size is adequate with water and sewer service to support the principal uses
in the Recreation zone, i.e. up to a three family dwelling. Recommend approval.
ATTACHMENTS:
1. Resolution No. PZ98-34
2. Application
3. Drawings
CITY OF KENAI
PLANNING AND ZONING COMMISSION
VARIANCE
RESOLUTION NO. PZ98-34
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A VARIANCE AS AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE:
Applicant :CITY OF KENAI, 210 FIDALGO AVENUE, SUITE 200, KENAI, AK 99611-7794
Located: FIVE IRONS HEIGHTS SUBDIVISION
WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict
provisions of the zoning code may be granted by the Commission if all conditions specified in
14.20.180 are met, and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. That an application meeting the requirements for a variance has been submitted and
received on July 1, 1998.
2. That this request is located on land zoned R -Recreation
3. That the applicant seeks a variance from the specified requirement of the Zoning code:
Minimum Lot Area
4. Special conditions or circumstances are present which are peculiar to the land or structures
involved which are not applicable to other lands or structures in the same land use or zoning
district.
5. The special conditions or circumstances have not been caused by actions of the applicant
and such conditions and circumstances do not merely constitute pecuniary hardship or
inconvenience.
6. The granting of the variance does not authorize a use that is not a permitted principal use in
the zoning district in which the property is located.
7. The granting of the variance is the minimum variance that will provide for the reasonable use
of the land and/or structure.
8. The granting of the variance is not based upon other non-conforming land uses or structures
within the sale land use or zoning district.
9. That a duly advertised Public Hearing according to KMC 14.20.153 was conducted by the
Commission on Au ust 12, 1998.
NOTE: Limited to single family residences.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.280 HAVE BEEN SHOWN TO EXIST
AND THEREFORE GRANTS THE VARIANCE.
~ PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
AUGUST 12, 1998.
CHAIRPERSfJN
ATTEST~'~ ~~~C.~,(,~,~
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yi~aye wrl~a moist-"G'cty wl~a ~u~tire!
DATE: July 1, 1998
CITY OF KENAI
Kenai,
APPLICATION FOR VARIANCE PERMIT
NAME: City of Kenai PHONE: 283-7535
MAILING ADDRESS• 210 Fidalgo, Suite 200, Kenai, AK 99611-7794
LEGAL DESCRIPTION OF PROPERTY INVOLVED:Five Iron Heights Subdivision
ZONING DISTRICT (Circle one): C RR RR-1 RR-2 RS-1 RS-2 RU/TSH
CC CG IL IH
Section 14.20.180 of the Kenai Municipal Code outlines regulations
for Variance Permits which is the relaxation of the Development
Requirements Table to provide relief when the literal enforcement
would deprive a property owner of the reasonable use of his real
property: 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. _~"-7~ Provide a site plan of the property including location of
all existing and proposed buildings or alterations,
elevations of such buildings or alterations, and such
data as may be required.
2. -~~ A Public Notification and Hearing is required before the
issuance of this permit. A $105.00 non-refundable
deposit/advertising fee is required to cover these
notification costs. (Please see attached procedure sheet)
3. -~~ Special conditions or circumstances are present which are
peculiar to the land or structures involved which are not
applicable to other lands or structures in the same Land
use or zoning district.
4. ~ The special conditions or circumstances have not been
caused by actions of the applicant and such conditions
and circumstances do not merely constitute a monetary
hardship or inconvenience.
210 Fidalgo Avenue
} VARIANCE APPLICATION
Page 2
5. _J~'!r` The granting of the variance does not authorize a use
tht is not a permitted principal use in the zoning
district in which the property is located.
6. _~~.The granting of the variance is the minimum variance
that will provide for the reasonable use of the land
and/or structure.
7. ~ The granting of a variance shall not be based upon
other non-conforming land uses or structures within the
same land use or zoning district.
ADDITIONAL COMMENTS: Variance for Minimum Lot Area Requirements
Applicant's Signature:
Approved:
C R 'RSON
Att t:
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Mati yn Kebschull, Secretary
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City of Kenai
Memo
To: Planning & Zoning Commission
From: Marilyn Kebschull, Administrative Assistant`
Date: August 5, 1998
Re: PZ98-37--Conditional Use Permit
The attached report and map is provided to give the Commission a historical
perspective of Conditional Use Permits that have been granted in the Anglers Drive
area. The above-referenced application is for Cabin Rentals wherein the permits
along the river were for lodging and/or guide services. I hope this information is
helpful.
Attachments
• Page 1
2
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~ CuP
Coligan 2~ Foster 9222
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2s '~ Riddles 8906/9501
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CITY OF KENAI
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ _ FAX 907-283-3014 ~
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1992
July 22, 1998
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 August 12, 1998:
PZ98-37--An application for a Conditional Use Permit for cabin rentals for the
properties described as Lot 3, Block 8, Valhalla Heights Part #3, 4140 N.
Dogwood Lane, Kenai, Alaska; Lot 4, Block 8, Valhalla Heights Part #3,
4150 N. Dogwood Lane, Kenai, Alaska; and, Lot 1, James H. Cowan
Estates, 1010 Angler Drive, Kenai, Alaska. Application Submitted By Clinton
A. Coligan, P.O. Box 4300, Soldotna, Alaska.
The Meeting will commence at 7:00 p.m. in the Kenai 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 August 12th. 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
STAFF REPORT
To: Planning & Zoning Commission Prepared By: JL/mk
Date: 7/20/98 Res: PZ98-37
GENERAL INFORMATION
Applicant: Clinton A. Coligan 262-7919 or 283-7550
P.O. Box 4300
Soldotna, AK 99669
Requested Action: Conditional Use Permit -Cabin Rentals
Legal Description: Lot 3, Block 8, Valhalla Heights Part #3 - 4140 N. Dogwood
Lot 4, Block 8, Valhalla Heights Part #3 - 4150 N. Dogwood
Lot 1, James H. Cowan Estates - 1010 Angler Drive
Existing Zoning: RR--Rural Residential
Current Land Use: Residential/Recreation
Land Use Plan: Medium/Low Density Residential
ANALYSIS
GENERAL INFORMATION:
KMC 14.20.150 details the intent and application process for conditional uses.
The code also specifies the criteria for conditional uses in all zones,
"Uses not specifically permitted in the zone concerned may be permitted
provided the following conditions are met:
[i] Such uses must be similar to principal uses permitted in the zone;
[ii] Such uses must be in harmony with the intent of the zone.
Mr. Coligan has been renting the cabins on North Dogwood Lane for the past two
summers as short-term rentals during the summer months and long-term rentals
during the winter. Mr. Coligan was unaware until contacted that a Conditional Use
Permit was required. When contacted, he immediately obtained the necessary
application and completed the paperwork to begin the application process. The
cabin on Angler Drive is under construction and will not be ready for short-term use
until the summer of 1999.
Mr. Coligan has provided photographs of the two cabins on North Dogwood Lane
(attached-. The cabins are well kept.
} Conditional Use Permit -Cabin Rentals Page 2
PZ98-37
Mr. Coligan is applying for Conditional Use Permits for Cabin Rentals for all three
properties. The cabins will be rented September through May on a monthly basis
and used during May, June, July, and August on a weekly basis to fishing clients
booked on weekly packages.
City Engineer:
None.
Building Official:
No building code issues.
RECOMMENDATIONS
It appears that the requested Conditional Use Permits for Cabin Rentals fits the
criteria for a Conditional Use Permit. The cabins on North Dogwood Lane have
} been rented on a short-term basis for the last two summer seasons with no
complaints from nearby residents. Recommend approval.
ATTACHMENTS:
1. Resolution No. PZ98-37
2. Application
3. Drawings
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ98-37
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT:
FOR: CLINTON A. COLIGAN, P.O. BOX 4300, SOLDOTNA, AK 99669
USE: CABIN RENTALS
LOCATED:
LOT 3, BLOCK 8, VALHALLA HEIGHTS PART #3 - 4140 N. DOGWOOD LANE, KENAI,
ALASKA
LOT 4, BLOCK 8, VALHALLA HEIGHTS PART #3 - 4150 N. DOGWOOD LANE, KENAI,
ALASKA
LOT 1, JAMES H. COWAN ESTATES - 1010 ANGLER DRIVE, KENAI, ALASKA
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section 14.20.150 has been submitted and
received on: July 20, 1998
2. This request is on land zoned: RR -- RURAL 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: AUGUST 12, 1998
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED 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,
AUGUST 12, 1998.
CHAIRPERSON.
(_
,.
ATTEST: ~ , ~~t~y~~ ~~,vLl
RE~F\
CITY OF KENAI ~ ~ ~'~ I
CONDITIONAL USE PE NN~NG~FP~
r4Rr.
NAME ~;
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PHONE ~!~ ~ ~lA>I ~ ~ ~~ ~~J ~~G1 ~• ~ ~~' ~SSd
MAILING
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DESCRIPTION ~~~ f f'/~-~T ~~z ~'-~;~,y~~~~
ZONING C ~ 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
~G`,' development as described:
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,
,
~•; `J elevations of such buildings or alterations, and data
,
~~, r' as may be required.
A Public Notification and Hearing is required before
~~
~ the issuance of this permit. A $105.00 non-refundable
~ deposit/advertising .fee is required to cover these
notification costs. (Please see attached sheet).
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
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Approved at P&Z Meeting:;~~/; ~ ~~' y
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WEST 109.8'
PLOT PLAN
I hereby certify that I have prepared this site
plan for the following described property:
LOT 3, BLit 8 _ VALHALLA HEIGHTS PART 3
and that the proposed improvements, as
shown hereon, are from information
provided by the owner/builder.
EXCLUSION NOTE:
It is the responsibility the owner or builder,
prior to construction, to verify proposed
building grade relative to finished grade
and utility connections, and to determine
the existence of any easements, covenants,
or restrictions which do not appear on the
recorded subdivision plat.
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patB 4/11/97 Job No.: 97-1811
WHITFORD SURVEYING
1902 Wyatt Way
Kenai, Alaska 99611
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and that no encroachments exist except as indicated.
EXCLUSION NOTE: It is reaponaibility of the owner to
determine the existence of any easements, covenants,
or restrictions which do not appear on the recorded
subdivision plat. Under no circumstances should any
data hereon be used for construction or for estab-
liahinfl boundary or fence lines.
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Date: 9/1/95
Job No. :95-1643 Revised:
WHITFORD SURVEYING
1902 Wyatt Way
Kenai, Alaslta 99811
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PLOT PLAN
I hereby certify that I have prepared this site
plan for the following described property:
LOT 1 _ JAMS H. COWAN ESTATES _____
and that the proposed improvements, os
shown hereon, are from information
provided by 'the owner/builder.
EXCLUSION NOTE:
It is the responsibility of the owner or builder,
prior to construction, to verify proposed
building grade relative to finished grade
and utility connections, and to determine
the existence of any easements, covenants,
or restrictions which do not appear on the
recorded subdivision plat.
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Date: _6/26/98
______ 98-1918
Job No. _______
1PHITFORD SURVEYING
PO Hoz 4032
Soldotna, Alaska 99669
Aug. 3, 1998
To: Kenai Planning and Zoning Commission
From: Ralph Van Dusseldorp L~~i,~~tii/~ ~
Mailing address: PO ox 2648
Kenai, AK 99611
Residence address: 1025 Angler Drive (Lot 3, Anglers Acres Subdivision)
Kenai, AK
1 respectively strongly urge you to reject Clinton Coligan's request for a conditional use
permit for lot 1, James H. Cowan Estates (lOlOAngler Drive).
In 1988 we purchased our lot on Angler Drive and have lived there in retirement since
1990. When we purchased the lot we checked the city zoning for that area and found it
to be rural residential so we felt we were protected from commercial development. We
simply want to live a quiet retirement and strongly object to further commercial
development in our neighborhood. I wish to point out that the proposed zoning exception
is not for an isolated rental building. The owner of the proposed rental is the manager of
Beaver Creek Lodge located very near the proposed rental and the rental will become an
integral part of the lodge operation. In fact, current lodge brochures show a picture of
one of Coligan's cabins on Dogwood Lane. There was no development on the west side
of Angler Drive until two years ago. That area has now been subdivided into 13 lots.
There are now two homes built on those lots. If a conditional use permit is allowed for
the Coligan property I expect that very soon there will be requests for conditional use
permits for most if not all of the rest of the lots. If you allow Coligan's request you would
be setting a president and then it will be more difficult for you to turn down similar
requests for the other lots. Thus I believe this decision is key to the future of the Angler
Drive area.
I ask you to be fair to us, noncommercial residents of our city, and at least keep further
commercial development from taking place in our neighborhood. In planning retirement
I certainly did not expect to live in the middle of busy commercial operations. The
lodges bring increased traffic and noise to the area and also reduce the amount of
wildlife.
By the way, Beaver Creek Lodge, which Coligan's rental would become a part of, is
operating under a conditional use permit issued in 1988 and is in violation of that permit.
I will officially file a separate protest of that.
RE E ED
~~. 3 ~
lg.J 0 0 2
August ~, 199$
City of Kenai
Planning and Zoning Commission
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
Re: comments on PZ98.37 - An application for a conditional use permit
Dear Commission Members:
Thank you for the opportunity to comment on this application for a conditional use
permit for cabin rental at 1010 Angler Drive. I am the property owner directly across the
road from the applicant, Climon A CoIigan.
I am opposed to this application for the reasons presented below and urge the Planning
and Zoning Commission to deny the application. The applicant fails to disclose his
association with Beaver Creek Lodge located two lots over from me on Angler Drive.
For your information, I have attached a current brochure for the Beaver Creek Lodge &
Guide Service which clearly identifies Clinton & Dodie Coligaa aad the operators. Mr.
Coligan chooses to call himself Capt. Bligh, and you caa see on the title of the brochure
that the brochure is called Capt. Bligh's Beaver Creek Lodge.
In. July 1995, the Planning and Zoning Commission reviewed a similar conditional use
permit for the Beaver Creek Lodge and voted not to approve that application due to its
adverse impacts on neighbors and water quality. After noting that the applicant appeared
to be operating in violation of their existing conditional use permit, Council member Hal
Smalley noted for the record:
Councilmon Smalley noted the public's concern over violations of conr~itional use
permits along Angler Drive. He su~ested sta, ff invesrigate the area for further
violations (from the minutes of the July 1995 meeting
The City of Kenai to my knowledge has not investigated the violations of the Beaver
Creek Lodge. I have submitted a letter to the City of Kenai Planning Department
requesting enforcement of the conditional use permit for the Beaver Creek Lodge.
It is clear to the neighbors in the area that the application for Mr. Coligan would simply
be as expansion of the existing commercial use in the Beaver Creek Lodge. It would
adversely impact neighbors in the area and cause additional concerns with water quality.
The Existins~Condi'tional Use Permit for the Beaver Creek Lodge
Before I bought my property on Angler Drive in 1989, I spoke with a staff member with
the City of Kenai Planning Department to find out what conditional uses were permitted
~uua
in the area. The response I received was that the City was allowing property. owners to
engage in operation of a small business from their home, if the use was compatible with
the neighborhood. The example given to me was a property owner who wanted to guide
on the Kenai River.
The Beaver Creek Lodge is as far from this concept as one could get. It is owned by two
gentlemen from California who apparently lease it to lVlr. Coligan. Neither the two
California gentlemen nor Ivir. Coligan live on the property.
The 19x8 conditional use permit for the Beaver Creek Lodge allows them to rent lodging
within their triplex and book tourist activities. The permit also allows guides to pick up
lodge visitors at their dock. Resolution No. 88-17 by the Planning and Zoning
Commission is clear in stating that the business being operated at Beaver Creek Lodge is
that of a booking agency. It states that any change in the nature of the business will
require the owners to return to the Commission. The discussion of the Commission
members in reviewing the 1988 application indicaxes that the conditional use permit i 1
not include operation of guides from the propeciy.
In violation of their conditional use permit, the Beaver Creels allows up to five guides to
operate out of their property. These include three guide boats registered to Clint Coligan
as well as two other guide boats_ In addition, two years ago they added a second dock
wbich has two non-guide boats parked at it_ It appears that these may be for rental to
guests during Sundays when guides are not allowed to take out clients.
The Beaver Creek Lodge is also operating well beyond the level of visitors allowed in
their conditional use permit. The 1988 conditional use permit provides for rental of three
efficiency units contained in the triplex on lot S. On the first page of the Beaver Creek
Lodge's broclnue, please not that they offer a total of five units (not three) and that
guiding is the predominant activity offered.
So Whatt
Why are the neighbors concerned over operation of the Beaver Creek Lodge, including
this new application to expand their commercial activities across Angler Drive? The
reasons is that the configuration of the lots does not allow operation of this type of
business without adversely impacting neighbors. The lots along Angler Drive are long
and narrow, just a little over 100 feet in width. We are subjected to noise, disturbances
and traffic from the currern operation of the Beaver Creek Lodge in to.the late evening
and very early in the morning_ Both neighbors to the north have had instances of Beaver
Creek Lodge clients wandering through their property. If the Planning and Zoning
Commission allows Mr. Coligan to operate his newly constructed house as part of the
Beaver Creek Lodge, I will be subject to people wandering across the road to try to get to
the river.
To put this in perspective, my lot is about 125 feet from the Beaver Creek Lodge.
Imagine five units of overnight guests, perhaps a total of 15 people. Add to this the
2
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commotion created at 5:30 AM every morning with the arrival of five guides, with clients
in addition to those staying at the Beaver Creek Lodge. Add a second afternoon shift of
guided clients (up to 20 additional visitors). Finally, add two additional staffpersons for
the lodge. The existing operation can create around 40 people coming in and out ofthe
Beaver Creek on a daily basis. There is a considerable noise and disturbance from all of
the activity related to this level of use. This is not an appropriate level of economic
activity for the neighborhood. Other impacts include adding a high level of traffic to the
road, adding to poor road conditions and dust.
Inconsi encv of Current Operation and New Permit Request with City of Kenai
Or
The current operation of the Beaver Creels Lodge appears to be inconsiste~ with several
parts of Kenai Municipal Code 14.20.080. The new application, if approved, would serve
to exacerbate these problems.
14.20.080(1)(;) preserve the rural, open quality of the environment. The development
of the business in its current state has required a great deal of development in the
subdivision Yet, even this level of impact has not satisfied the applicant, resulting in this
new rezluested conditional use permit to further expand the operation The high density
use sought by the applicant is not consistent with preserving the rural, open quality ofthe
neighborhood.
14.20.080(l~ii) prevent health hazards in areas not served by public water and
sewer. As noted below, there are serious questions on the current water and sewer
system at the Beaver Creek Lodge.
14.20.080(2X;) violate the residential character of the environment. Addition of yet
another building to the Beaver Creek Lodge operation is not consistent with maintaining
the residential character of the neighborhood. Mr. Coogan has no stake in maintaining
the neighborhood_
The Angler Drive area has the potential to be one of the nicest neighborhoods in Kenai.
Two property owners several lots up from the Beaver Creek Lodge recently completed
large new homes_ ?here are two single-family dwellings directly across Angler Drive
from the applicant. Most property owners have an interest in improving the area.
14.20.080(2x;;) generate heavy traffic in a residential area. As discussed above, the
operation of the Beaver Creek Lodge cunreritly generates a great deal of traffic on Angler
Drive. Approval of this application would serve to exacerbate this situation.
Other Problems
The Alaska Department ofFish 8c Crdme has identified Beaver Creek as the top problem
tr~utary to the Kenai River in terms of feral coliform contamination In 1995, I pointed
out to the Planning and Zoning Commission that the Beaver Creek Lodge appeared to
3
1Q:1005
have a failed septic system. That observation was based on the comments of a septic
system contractor and my observations that they have to pump out the system more thaw
once per week. For the cun-ent and requested lave! of commercial use by this business, a
Class C or Class B setback (150 to 200 feet) from any drinking water source is required.
Given the narrow nature of the lots in the subdivision, it seems likely that the setback
requirement is not being. met. I discussed this situation with the field staffwith the
Department of Environmental Conservation in July 1995. He sent a letter to the Planning
anti Zoning Commission (copy attached). I recently checked with David Johnson with
the ADEC office in Soldotna. Mr. Johnson conducted a search m see if the Beaver Creek
had updated its water or septic system. According to ADEC records, there has been no
change since July 1995. It is time for the City of Kenai to request that ADEC perform a
compliance review of the Beaver Creek Lodge.
Summary and Suggestions
I believe it is clear that 1) the applicam is being less than forthright in his application by
not disclosing his operation of the Beaver Creek Lodge, 2) that the Beaver Creek Lodge
is operating in violation of its e~dsting conditional use permit and 3) that approval of IVir.
Coligan's application will add to the negative impacts on neighbors and the
neighborhood. I ask that the Planning and Zoning Commission deny Mr. Coligan's
permit to rent the cabin at 1010 Angler Drive.
Further, I ask the Planning and Zoning Commission to review the operation of the Beaver
Creek Lodge. ?he sole purpose of the business as advertised in their brochure is lodging
and guiding, with the operator Clint Coligan as the principal guide. The guide use was
not permitted in the 1988 conditional use permit. I would request that the Commission
place a maximum limit on the number of the guides operating out of the facility. I
suggest a limit of two guides, more than sufficient to handle visitors staying at the triplex
units.
Further, I ask the Commission members to investigate other appropriate conditions on the
conditiona] use permit of the Beaver Creek Lodge to reduce conflicts with neighbors.
These conditions would include a limit on the number of vehicles, .a defined Gmit on the
number of overnight visitors, and a full time on-site manager to help contml early
morning and late night noise and disturbances.
I appreciate the opportunity to commem on this application. I plan to attend the public
hearing on this application and will be able to handle any questions at that time.
Sincerely.
Jim Richardson~~ ~~
101 S Angler Drive
Kenai, Alaska 99611 and 1 S43 East 26~' Avenue
Anchorage, Alaska 99508
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(\\~C' _ .- _ _ _ "-; ,- ~- ~ ~_ ~• ,,,, 7'OIWKNOWLES, GOVERNOR
C\V~1 ~/~ ! I` 1
DEPT. OF ENVIKONMENTAL CON5ERVATION -
Suite 11
35390 Kalifomsky Beach Road
_ Soldotna, Alaska 99669
~ Phone: 262-5210 Fax: 262 2294
DMSION OF STATE PUBLIC SERVICE
Kenai Service Area
July 26, 1995
Jim Richardson, Representive
Kenai River Special Managemerrt Area Board
1543 East 26th Ave
Anchorage, AK
The following comments are offered as a result of your query as a KRSMA board
representive. Your concerns revolve around wastewater systems and wells relative tp a
proposed City of Kenai conditional use permit to expand facilities at Beaver Creek lodge.
1). Separation from septic systems to bodies of water is 100"
2). Systems in the area are known to have failed systems and now required pumping
3). The .well. serving this facility is listed on the state data base 8s a lass °C' which does
not serve. more than 25 people more than 60 days a year.
ADEC would suggest a condition of approval based upon obtaining approval of the water
and sewer systems for the proposed expansion.
Sincerely,
•
x+ Les Buchholz
_ Manager Kenai Service Area
i
cc:
City of Kenai -Loretta Harvey
h
CITY OF KENAI ~~
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ _ FAX 907-283-3014 ~
~~~a~
1IIII1
1992
July 24, 1998
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 August 12, 1998:
PZ98-39--An application for a Conditional Use Permit for an Assisted Living
Home/Convalescent Care Home for the properties described as Lots 27 and
28, Block 7, Valhalla Heights Subdivision No. 3, (175 and 185 Phillips Drive),
Kenai, Alaska. Application submitted LaVonna S. James, 2425 Florida
Avenue, Kenai, Alaska.
The Meeting will commence at 7:00 p.m. in the Kenai 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 August 12th. 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
STAFF REPORT
To: Planning & Zoning Commission
Date: July 21, 1998
Prepared By: JL/mk
Res: PZ98-39
GENERAL INFORMATION
Applicant: LaVonna S. James
2425 Florida Avenue
Kenai, AK 9961 1
Requested Action: Conditional Use Permit -Assisted Living
Home/Convalescent Care Home
Legal Description: Lots 27 & 28, Block 7, Valhalla Heights SD No. 3
Site Address: 175 & 185 Phillips Drive
Parcel Number: 04921017 & 04921018
Existing Zoning: RR--Rural Residential
Current Land Use: Residential -Vacant
Land Use Plan: Low Density Residential
ANALYSIS
General Information:
KMC 14.20.150 details the intent and application process for conditional uses.
The code also specifies the criteria for conditional uses in all zones,
"Uses not specifically permitted in the zone concerned may be permitted
provided the following conditions are met:
[i] Such uses must be similar to principal uses permitted in the zone;
[ii] Such uses must be in harmony with the intent of the zone.
Applicant is applying for a Conditional Use Permit for an Assisted
Living/Convalescent Care Home. This would be categorized under Nursing,
Convalescent or Rest Homes in the Land Use Table that requires a Conditional Use
Permit in this zone.
Applicant proposes to build a home specifically to meet the needs of the residents.
A floor plan has been provided. It is noted that the home will be ADA compliant
and have a sprinkler system. Applicant has discussed the proposal with the City of
Kenai Fire Marshall to determine requirements for such a residence.
98-39 Comment
Page 2
Ms. James has provided a letter that outlines her proposal. In addition, permission
has been received from the legal owners of the property to allow Ms. James to
apply for the Conditional Use Permit.
City Engineer:
No comment.
Building Official:
No building code issues until a permit is issued.
RECOMMENDATIONS
It appears that the proposed Assisted Living Home/Convalescent Care Home would
be similar to the principal use of the zone, i.e., residential and in harmony with the
intent of the zone. Recommend approval.
ATTACHMENTS:
1. Resolution No. PZ98-39
2. Application
3. Drawings
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ98-39
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT:
FOR: LA VONNA S. JAMES, 2425 Florida Avenue, Kenai, Alaska
USE: ASSISTED LIVING HOME/CONVALESCENT CARE HOME - "THE WELCOME HOME HOUSE"
LOCATED:
LOT 27 & 28, BLOCK 7, VALHALLA HEIGHTS PART #3 - 175 & 185 PHILLIPS DRIVE,
KENAI, ALASKA
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section 14.20.150 has been submitted and
received on: July 17, 1998
2. This request is on land zoned: RR -- RURAL 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: AUGUST 12, 1998
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED 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,
AUGUST 12, 1998.
CHAIRPERSO
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ATTEST•', _ ~ , r~ , ,i,! ~-~~_ is l [,'1,
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CITY OF KENAI A`°"ti;ry~,~
CONDITIONAL USE PERMIT ~ - ~~,~ ~
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MAILING a ~ a-s ~ /011` % d q ~¢u-e. • ~.o,....e..~ i A~`~ `~ L
ADDRESS
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LEGAL T'f~-` '~ h~ w ~e..1 co 1NAe ~~o w1-c._ v u 2.
DESCRIPTION
a
ZONING C (RR~ RR-1 RS RS-1 RS-2 CC CG IL IH R RU1
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 des~ribed:
a
Please submit site Plan, Map (i a ailable,J and
~
~
"
Traffic Flow & Parking
~r5 ~U
~
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Please submit~lans showing the location of all
existing and proposed buildings or alterations,
~ ~ elevations of such buildings or alterations, and data
as may be requir
-
A Public Notification and Hearing is required before
S ` the issuance of this permit. A $105.00 non-refundable
deposit/advertising fee is required to cover these
,
.
~J notification costs. (Please see attached sheet).
-~_c~ ,
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: ~~ I~~, vL~~~~ ~~.p I/~C~( ~.P )~S AID
G S ~ ~ S p c i-~-l-~ ~ ~`~ ~~ Y` i-~cts~i~Js~l~) e..L ~1.~~ l~ V-~e ; ~^ VI ~e.e a~
o ~` Lo.~ .
Applicant Signature: Date: 7- ~ ~ 9~
Approved at P&Z Meeting: ;~ j~?
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pro ed: Chairp son Attest:
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o LaVonna James
0 2425 Florida ave.
o Kenai,Ak.99611
0
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July 17,1998
<~ Subject: The Welcome Home House; assisted living for the elderly and
o handicapped impaired.
0
0
o Addressed to the city of Kenai:
0
0
o My name is LaVonna James. I have worked in the health care system as a
certified nurses aide for fifteen years; I have worked with the elderly and
handicapped impaired for about twenty years.
0
o I am a part time student at KPC, I want to continue my education in the nursing
o field. My long term goal is to achieve my BS as an R. N..
o I am presently working in the home health care with elderly and handicapped
o clientele. l see and feel the need for assisted living homes in our area. There
o are only a few of these homes on the Kenai Peninsula, and the majority of
them are in Homer and Seward.
0
o It is in our communities best interest to provide home health care for those that
can not live by themselves, short term or long term periods of time. This
o assisted living home will provide twenty four hour care for those in need who
are unable to help themselves due to physical inabilities. It is a home for
o people who can not or choose not to live by themselves, but are not quite ready
to live in a nursing home. They will have all of their aid of daily living done
for them tike their meals, laundry, cleaning and their personal care.
I feel most importantly that they have their independence, dignity and privacy.
o The people I hire, will have the compassion and ability to provide the care these
residents will need.
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I will provide the proper assistance for physical therapy and occupational
therapy when needed for my residents. Safety and a healthy comfortable
environment is my first priority in this business. 1 do not for see at this time that
this home will disrupt, in any way, the neighborhood area from parking
problems or noise.
I appreciate you taking your time to look at my application and proposal, if I can
answer any questions, please feel free to call me.
Thank you.
Sincerely, LaVonna James
nny home phone number is: 283-3522
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~-2D-98
TO WH~711r1 IT MAY CC7NCERN:
E AUTHORISE LaVonna James TO APPL1f FAR A CONDITIONAL USE
PERMIT FOR Ll7TS 27 8 281IALHALLA HGTS. SUB. #3 KENA1 ALASKA.
~ ~ ,,~_
STAFF REPORT
To: Planning & Zoning Commission
Date: July 7,1998
Prepared By: JL/mk
Res: PZ98-36
GENERAL INFORMATION
Applicant: Daniel W. Franklin 283-5441
328 Portlock Street
Kenai, AK 99611
Requested Action: Home Occupation Permit -Photography Studio
Legal Description: Lot 21, Block 2, Central Heights Subdivision, First Add.
Parcel Number: 04901220
Existing Zoning: RS-Suburban Residential
Current Land Use: Residential
Land Use Plan: Medium Density Residential
ANALYSIS
Applicant plans to operate a photography studio from his home. The plan is to convert
the existing garage to a studio. The conversion will not require a building permit. The
conversion will involve replacing the garage door with a French door or other type of
doorway.
Applicant does not plan to advertise at this time and advised advertisement will be by
"word of mouth." Mr. Franklin stated traffic should be minimal and will involve
customers dropping off and picking up slides, prints, etc.
It appears that the proposed business qualifies under KMC 14.20.230 fora Home
Occupation Permit.
RECOMMENDATIONS
Staff has reviewed the attached application and recommends that a Home Occupation
Permit be issued to Daniel W. Franklin to operate a photography studio at 328 Portlock
Street, Kenai.
ATTACHMENTS:
1. Resolution No. PZ98-36
2. Application
3. Drawings
5a
CITY OF KENAI
PLANNING & ZONING COMMISSION
RESOLUTION NO. PZ98-36
HOME OCCUPATION PERMIT
A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI GRANTING A
REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI
ZONING CODE, FOR:
NAME: DANIEL W. FRANKLIN
BUSINESS: PHOTOGRAPHY STUDIO
LOCATED: 328 PORTLOCK STREET (Lot 21, Block 2, Central Heights SD, First Addition)
WHEREAS, the Commission finds:
1. That an application meeting the requirements of KMC 14.20.230, has been submitted and
received on July 7, 1998.
2. That the application has been reviewed by the Commission at their meeting of and found that all
application requirements have been satisfied.
3. That the applicant has demonstrated with plans and other documents that he can and will meet
the requirements and conditions as specified.
4. That the following additional requirements have been established by the Commission as a
condition of permit issuance:
NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the City of Kenai that
the applicant has demonstrated that the proposed development meets the conditions required for said
proposal and therefore the Commission authorizes the permit.
APPROVED by the Planning 8~ Zoning Commission of the City of Kenai, Alaska, this 12th day of August
1998.
ATTEST:
~~3 ~
1791-1991
CITY OF KENAI
.~ „U~l G'd~u~l o~ ,Q~i~„
.__ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 3 - 7535
FAX 907- 83-
• f ~~~
~ /~~O
Date : /o,,,,
HOME OCCUPATION PERMIT ~~~ GOFpFNq
1 gRTM
NAME : ~q tvle~ j,U . ~r4 ~ k 11 ~ PHONE : 07 ZS - L FNT
ADDRESS: ..~].~"~ {JOft~OG~i ~j'• 1/,L.(1x~1 AI~sJ~ 7~6~~
LEGAL DESCRIPTION OF PROPERTY : _ C ~ I l~e~: ~ ~d ~ ~' ,~N
~~ y ~ 0 1 ~2.2-~ ~-- ~~-~.,Q, i~f a , ~ l - 1~ loot ~.~ r~/ \ \ \
DESCRIPTION OF OCCUPATION: Ti7S~r~ G x,10 'Clf?"1/"nCCIn~G / ~l: rnl~e 1:...
w
Section 14.20.230 of the City of Kenai Municipal Code outlines
regulations which allow Home Occupations in residential zones,
subject to the following conditions: 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. ~'~ Not more than one person outside the family shall be
employed in the home occupation.
2. 1 ' " , No more than 30% of the gross floor area of all buildings
on the lot shall be used for the home occupation. Please
submit site plan with square footage and area clearly
marked where business will take place.
3. ~1F' The home occupation shall be carried on wholly within the
principal building, or the buildings which are accessory
thereto. Any building used for a home occupation shall
be wholly enclosed. Will is development require a
building permit? YES (circle one)
Applicant's Signature:
Approved:
CHAIR ERSON
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Date: ~~h.:~ /~~~.,
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Memorandum
Date: July 9, 1998
To: Planning & Zoning Commission
From: Marilyn Kebschull, Administrative Assistant
RE: KMC 14.20.150 -CONDITIONAL USE PERMITS
The attached is a suggested draft of KMC 14.20.150 for the Commission to review
and discuss. City Attorney Graves composed the suggested draft after a review of
samples of conditional use codes. This draft is being suggested by administration in
hopes to alleviate interpretation problems with the current code.
Would the Commission like to schedule a public hearing to amend KMC
14.20.150?
14.20.150 Conditional use permits.
A. Intent. It is recognized that there are some uses that may be compatible
with designated principal uses in specific zoning districts provided certain conditions
are met. The conditional use permit procedure is intended to allow flexibility in the
consideration of the impact of the proposed use on surrounding property and the
application of controls and safeguards to assure that the proposed use will be
compatible with the surroundings. The commission may permit this type of use if the
conditions and requirements listed in this chapter are met. The allowed uses are listed
in the Land Use Table. Before a conditional use permit may be granted, the procedures
specified in this chapter must be followed.
B. Applications. Applications for a conditional use permit shall be filed in
writing with the Planning Department. The application shall include, but is not limited
to, the following:
1. name and address of the applicant;
2. verification by the owner of the property concerned if other than
the applicant;
3. a legal description of the property involved;
4. a description of the proposed use;
5. dimensioned plot plans showing the location of all existing and
proposed buildings or alteration, and such data as may be
required; and
6. the appropriate fee.
C. Public Hearin. If the application is in order, a public hearing shall be
scheduled in accordance with the requirements of KMC 14.20.280 of this title.
D. Review Criteria. Prior to granting a use permit, it shall be established
that the use satisfies the following conditions:
1. the use is consistent with the purpose of this chapter and the
purposes of the zoning district;
2. the value of the adjoining property will not be significantly
impaired;
3. the proposed use is in harmony with the Comprehensive Plan;
4. public services and facilities are adequate to serve the proposed
use;
5. the proposed use will not be harmful to the public safety, health
or welfare;
6. Any and all specific conditions deemed necessary by the
commission to fulfill the above-mentioned conditions should be
met by the applicant. These may include, but are not limited to
measures relative to access, screening, site development, building
design, operation of the use and other similar aspects related to
the proposed use.
E. Modification of final approval.
1. An approved conditional use permit may, upon application by the
permittee, be modified by the Planning & Zoning Commission;
a. when changed conditions cause the conditional use to no
longer conform to the standards for its approval;
b. to implement a different development plan conforming to
the standards for its approval.
2. The modification application shall be subject to a public hearing
and a filing fee.
F. Expiration -Extensions - TransferabilitX.
1. An approved conditional use permit lapses twelve (12) months
after approval if no building permit is procured or if the allowed
use is not initiated.
2. The Commission may grant time extensions not to exceed six (6)
months each upon a finding that circumstances have not changed
sufficiently to warrant reconsideration of the approval of the
conditional use permit. A request for an extension must be
submitted prior to the expiration of the permit. A public hearing
shall not be required prior to granting an extension of time.
3. A conditional use permit shall automatically expire if for any
reason the conditioned use ceases for a period of one year or
longer.
4. A conditional use permit is not transferable from one parcel of
land to another. Conditional use permits may be transferred from
one owner to another for the same use, but if there is a change in
use on the property, a new permit must be obtained.
CITY OF KENAI ~''~
„ G~ e~:~~ ~ >a~~.~„
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ _ FAX 907-283-3014
Memorandum
Date: August 3, 1998
To:
From:
For:
RE:
Kenai Planning and Zoning Commission
Kim Howard, Administrative Assistant ~1~
August 12, 1998 Meeting
Lease Application -Lot 4, Block 1, Gusty Sub. Addn. # 1
Attached is a lease application for the above referenced property, submitted
by Zecee Crow d/b/a Crow Construction and Development Co. The
property is located on the Spur Highway, between the Little Ski-Mo
Restaurant and Doyle's Car Wash.
The applicant wishes to enter into a 99-year lease and build a print shop
and vehicle restoration business on the property.
The property is Airport Land. Prior to leasing the site an appraisal must
be reviewed and approved by the Federal Aviation Administration. A
portion of the property is located in the runway protection zone. The
Federal Aviation Administration will allow up to a 99-year lease on the
property but will not allow the property to be sold.
The Planning and Zoning Commission needs to determine if the
intended use complies with the zoning ordinance and comprehensive
plan of the City. Your recommendation will be forwarded to the Kenai City
Council for their August 19~ meeting.
Cc: Zecee Crow d/b/a Crow Construction 8s Development Co.
~ /kh
'III'I
1992
Attachments
CITY OF KENAI
210 Fidalgo Ave., Kenai, Alaska 99611 283-7530
' _.
LEASE APPLICATION
L iz UL.Z:
Name o f App 1 i c a n t ~~~~, ~=,; ~' c., ~ ~ (''~( ~ ~` - c.r, ~ k (~„
r 1.~ Vr~Yj VJrj pV (YWj
DatQ ReCQZVpd O 7Q
va
ignt+tu~ and title)
CC'fl~J i ~l,iL j la~'~
Address I ~ (~' 1. _~' ~- 1\ (~ 1 ~ :: ~,` ~- I~ (-~~C%< < F`t t V ~~l ~/ ~~~
Business Name and Address tc ~ C;~ ~ (~',~ ,~ ~_ j-~ 7~ ~~_~(~.
Kenai Peninsula Borough Sales Tax No.
(if applicable )
State Business License No. ~' ' - ~ ~ ~,~ C; ~ ~ ~~; j~. ~
(if applicable) l.~.C'il~li~G
Telephone ;~~=~j~ _ ~~ 7~;
Lot Description LDS`;-~ ~~n •-• C;~,~ G~J~/ ~~--d~~~S~~ /1
Desired Length of Lease f ~~, _~~}~ ~~~i~U~/~/O• ~
Property to be used for C71~~I rC' `j~~;:~ .~ ~, f ~'11 (`--C r~' ~~-~~'"<< ~~ ~1
1
Description of Developments (type, ~ \struction, size, etc.)
Attach development plan to scale (1" gip'), showing all buildings
planned. ?~~~
Time Schedule for Proposed Development:
Beginning Date ~y'~;Lr ~ ~C~~(
T-' -
Proposed Completion Date ~ - I _~~~{~ L/
Estimated Value of Construction $ ~,~C;C^~% ~~
--~.,~~
___ r
Date: ~ -~ ~ - C~.~ Signed: ~~~
Date: ~ - ~~ -- Qc~ Sigrre~' _....
1
CITY OF KENAI
CHECK LIST FOR SITE PLANS
ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION CAN BE ACCEPTED
Drawings should be drawn to scale 1"_ SO ft.*, and must show
layout of the lot applied for and the location of all improve-
ments proposed.
Drawings must show:
1. Existing buildings ,,.,
2. Proposed buildings ~=!'
3. Parking facilities
(how many spaces and where located)
4. Site improvements
a. Areas to be cleared and method of disposal
b • -Fr^{~^^°`~--``r"^- °-~ or paved areas
c. Landscaping plan (retention of natural
vegetation and/or proposed planting areas) ~
~
/
5. Building set backs
6. Drainage plan and method of snow removal ,i
7. Circulation plan (all entrances, exits and
on-site access) /
8.
9. Location of sign(s),.- sign permit required
j' x;1.11 `C~i11~ (,'~ ~--1 ~ vl"~ ~ {-
Fencing l..
10. Curb cuts (where applicable)
11 . 1
Building height 1~ j-~, .`~ r~ 1
12. Buildings on or near the airport on airport
lands must complete FAA Form 7460-1
~,~~~ Sub rrtt' ~e..cQ )
~/
*This does not have to be drawn by an architect or engineer.
2
BUILDING INFORMATION
i
On this sheet submit a drawing of building planned, drawn to scale.
Scale : 1" •~j(`,t ft .
Construction Materials (wood frame, steel building, etc.)
~~
n
e~ . Q ~--~~ ~~ ~
THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE
y Q ~ ~ ~~i
~J C~ _~~ ~r ' c~c n
~ ~~ ~ .
Note: If a prepared drawing is submitted, attach to this
application and disregard this page, filling in construction materials
only.
3
Description of Property ' ~-.~ (~ ~~~~~„~ ~,~~
CONDITIONS OF ACCEPTANCE
(To be completed by the City)
Annual rent rate or cost ~ ~ ~ ~~,~ ~t2L~-~~~f- a
Zone d f o r (a ej) ~~ ~~ yY l /l'I ~'C /.c ~
Permits required ~,~~~~ ~~~,. ,.;
i
Assessments ~~h~ J
Insurance required ~.~(~, ~~
Construction must begin by ~j„~,L~,.~~g~~
i
Completion date for major construction /Uj~~ 02 G,'~e~~~
~~~~ L~~i
THIS APPLICATION WILL BE MADE A PART OF THE LEASE
Plannin Commissi n Approval:
BY~ ~ , Date of Approval ~ ~~ ~~;-j'
hairman -~ `
City Council Approval:
BY~ , Date of Approval
City Clerk
4
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R=1609.86' L=105.00'
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Note: Lot served by Btock One
I
City water & sewer
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t:t.~R =1809.86' L=119.68' ~,uR
C..t.4t' ~{~-
,oo' tar Kenai SPuT Highway
PLOT PLAN CERTIFICATION
ES Plot Plan Certificate
field survey was performed for this plot plan. I hereby certify that the proposed
-ND improvements hereon are as shown
~ direction of drainage on the following described property.
le: 1" = 30' F.B. #: N/A Lot 4 Block One
KENAI RECORDING DISTRICT Gusty Subdivision Addition No 1
83-126 Date: 30 July, ' 1998 Exclusion Note:
Nn: CB W.O. ~ 98146 Disk: \Gusty It 'is the responsibility of the Owner or
builder. prior to construction, to verify
'~ir~~j~ ~`~r~~
~~~1f~G
''
'' proposed building grade relative to finished
~
~
~~''~~
/ grade and utilities connections, and to
)5 Swires Drive, Kenai, Alaska 99611-8363 determine the existence of any easements,
2VEYORS PHONE - (sal) 283-9047 PLANNERS
FAX --- (907) 283-9071 covenants, or restrictions which do not
appear on the recorded subdivision lat.
p
CITY OF KENAI ~'~
" G~ ~ y4~~~ -,
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99811-7794
TELEPHONE 907-283-7535
_ FAX 907-283-3014 ~~,~~
_Ti~aq
t'II~~
i»z
July 20, 1998
Tom Trible
Triple T Autobody
3520 Beaver Loop Road
Kenai, AK 99611
Dear Mr. Trible:
Certified #: Z 464 048 124
The City of Kenai has received information that you are operating a business in an area zoned
RR--Rural Residential. The Kenai Municipal Code requires that you obtain a Conditional Use
Permit to operate a business in this zone. A search of City records does not show that you
obtained such a permit. If our records are incorrect, please let me know.
Please contact me as soon as possible so that we can take the necessary steps to clear up this
matter.
Sin ~ ely,~
i
Marilyn Kebschull
Administrative Assistant
~b
Memorandum
Date: 7/20/98
To: Cary Graves, City Attorney
From: Marilyn Kebschull, Administrative Assistant
RE: CODE VIOLATION - 695 Sycamore Circle
In April, a complaint was received about a junk vehicle at the above-noted location.
A photograph was taken and you verified the complaint as a code violation. The
first certified letter was sent to the registered owner on Apri129~' and signed for on
May 1St. A second notice was sent on June 25th. The second notice was never
claimed at the post office. I continue to receive complaints regarding this junk
vehicle at my Planning and Zoning Commission meetings. How does the Legal
Department want to proceed?
CITY OF KENAI ~ ~
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
--
1III'~
,992
Certified No.: Z 464 048 064
James H. Cowan
29243 Pacific Coast Highway
Malibu, CA 90265
RE: CONDITIONAL USE PERMIT--LOTS 4 ~ 5 ANGLERS ACRES
Dear Mr. Cowan:
The City of Kenai has received a complaint stating that you may be in non-compliance of
the above-referenced Conditional Use Permit. The original permit was issued for,
"Conducting the business of rental of efficiency units by the day, week, or month,
arranging for sightseeing, hunting, and fishing trips on the Kenai River and greater Kenai
area."
When a complaint is received, it is the City's responsibility to investigate the complaint
and to determine if the permit is being operated under the original guidelines. I have
attached a copy of the complaint for your review. Please review this information and
respond to the items listed by the complainant. The complaint is accurate in noting the
conditions placed on the original complaint and the discussion that occurred in 1988.
The Kenai Municipal Code does not stipulate that you operate the permit; however,
anyone operating the permit for you would be required to comply with the conditions
placed on the permit.
The complaint as well as a copy of this letter will be provided to the City of Kenai's
Planning and Zoning Commission at their next meeting on August 12, 1998. I will
recommend that no action be taken in regard to your permit until you have had the
opportunity to respond to the complaint. I would appreciate your response as soon as
possible.
Sin rely, / ,
~.
Marilyn Kebschull
Administrative Assistant
Attachment: Letter dated 8/5/98 from Jim Richardson
cc: City of Kenai, Planning and Zoning Commission
Jim Richardson, 1543 East 26th Avenue, Anchorage, AK 99508
August 7, 1998
~:, .,.,.
August 5, 1998
City of Kenai
Planning Department
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
lZe: request for a compliance review of the 1998 conditional use permit for the Beaver
Creek Lodge
Attention: Jack La Shot
Dear Mr. Y.a Shot:
I would like to request the City of Kenai complete a compliance review of the conditional
use permit issued to the Beaver Creek Lodge, located on lots 4 and S, Anglers Acres oa
Angler Drive. The owner of the property received a conditional use permit on November
8, 1988. Their operation appears to violate their permit in a number of areas, as well as
to possibly violate State water and sewer standards.
The operator of the Beaver Creek Lodge recently applied for a conditional use permit for
a remal house across Angler Drive from the Beaver Creek Lodge without disclosing his
association that business. The new permit application should not be considered
separately from the existing conditional use permit for the Beaver Creek Lodge.
Specifically, the Beaver Creek Lodge permit stipulates renting units for overnight
accommodation in the triplex located (one of two buildings on their two lots). According
to the permit from the City of Kenai, "the only business being wnducted on the premises
is a) the renting of rooms within the tri-plex with no food services involved, b) the
booking ofguide services for various types of activities, and c) the use of the dock by
agencies other thaw the owners".
In their discussion of the permit application in 1998, the Planning and Zoning
Commission specifically address item (c) above. The applicant's representative at the
meeting,l4lr. Garnett staled clearly "There's no invent to have a resident guide there, so if
you want to make that a condition of the permit that there be no residem guide that's
fine" (page five of the Planning and Zoning Commission minutes).
A review of the public brochure supplied by the Beaver Creek lodge (copy attached)
clearly shows the focus on guided fishing. The title of the brochure identified Capt.
Bligh's Beaver Creek Lodge and Guide Service. There are typically three Kenai guide
boats registered to Clint Coligan tied to the dock, along with two additional guides that
utilize the property to operate guide businesses. 1 his is clearly in violation to the existing
conditional use permit.
moo. ~~. oo lIIU 1J.Gif rXa nu~c~ncaa~
City of Semi Plauming Deportment; compliance regaes~c page two
The brochure also identifies five rental units on the cover, whereas their conditional use
permit stipulates the use of the three apartments in the tri-plea.
Other concerns of the neighbors include the traffic and parking disturbances of visitors to
the Beaver Creek Lodge. In the Planning and Zoning Commission discussion of the 1998
permit, a question was asked of the applicam about the "n/a" response under parking on
their application. Mr. Gataett's response was that "there is no traffic flow as far as the
property is concerned. There is a driveway into the buildings but they can't go anywhere
else. The only traffic is the owners going to and from the airport" (Planning and Zoning
Commission minutes, page 4).
The operation of Beaver Creek Lodge has, to the contrary, create a great deal of traffic
from visitors coming and going as well as the traffic associated with five guides operating
out of the premises.
In addition, the operation of the Beaver Creek appears to violate water and sewer
operations for a commercial facility serving the number of visitors and
operators/employees of the business. The City of Kenai could resolve this uncertainty by
requesting an on site review by the Alaska Department of Environmental Conservation.
Please let me know if I can provide further information to assist your compliance review.
Sincerely,
~~~~
run Richardson
101 S Angler Drive
Kenai, Alaska 99611
and,
1543 East 26s' Avenue
Anchorage, Alaska 99508
CdJ00~
2
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AGENDA
KENAI CITY COUNCIL -REGULAR MEETING
JULY 15, 1998
?:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: / / www. Kenai.net /city
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.
C.
...~d .
G~~,~-
~ --2.
~~~~ .
'. 3.
~u ,
SCHEDULED PUBLIC COMMENTS (10 minutes)
Michelle Brown, Nature Conservancy -Draft Plan Update
PUBLIC HEARINGS
Ordinance No. 1789-98 -Amending KMC 13.05.010 to Authorize
Collection of a Surcharge for Violation of a Municipal Ordinance.
Resolution No. 98-46 -Designating the Kenai Municipal Airport
Terminal as a Smoke-Free Facility.
Resolution No. 98-47 - Designating a Particular Area in the Kenai
Municipal Airport Terminal as a Designated Smoking Area.
Resolution No. 98-48 - Awarding a Five-Year Contract to Homer
Electric Association, Inc. for Electric Service.
. , . e 5. Resolution No. 98-49 -Formally Accepting FY99 Municipal Matching
~~~ti~ u Grant Number 99/587-8-001 From the State of Alaska, Department of
Administration, in the Amount of $214,248.00 for a Street Improvement
Program.
-1-
~. 6. Resolution No. 98-50 - Awarding a Contract for Accounting System
Software to Systems & Computer Technology Corporation (SCT).
7. *1998/99 Liquor License Renewals
a. Pizza Hut #9 -Restaurant/ Eating Place
b. Uptown Motel Annex/Back Door Lounge -Beverage
Dispensary/Tourism
c. Louie's/Uptown Motel/VIP Lounge -Beverage
Dispensary/Tourism
D. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning & Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Historic District Board
c. Kenai Visitors & Convention Bureau board
d. Alaska Municipal League Report
E. MINUTES
*Regular Meeting of July 1, 1998.
F. CORRESPONDENCE
G. OLD BUSINESS
1. Cunningham Park -Redevelopment with Kenai Classic Assistance
2. Approval -Consent to Collateral Assignment of Lease -Jim C. & Erika
E. Singree/Lots 1 and 1-A, Aleyeska Subdivision, Part 3.
H.
1.
2.
NEW BUSINESS
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
-2-
3. *Ordinance No. 1790-98 -Amending K1VIC 1.80.010 Increasing
Mayor's Salary to $1,000 Per Month and Council Members' Salaries to
$500 Per Month.
Approval -Special Use Permit/John Bierdeman, Far North Firewood
and Timber -Logging Section 36
5. Discussion -Elks Club Sign Potential Location
I. ADNIINISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works
7. Airport Manager
J. DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -None scheduled.
K. ADJOURNMENT
-3-
AGENDA
KENAI CITY COUNCIL -REGULAR MEETING
AUGUST 5, 1998
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http:/ /www.ci.keaai.ak.us
ITEM 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.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. Representative Mark Hodgias -Economic Development Histxict
ITEM C: PUBLIC HEARINGS
~~~ 1. Ordinance No. 1790-98 -Amending KMC 1.80.010 Increasing Mayor's
~~D~~~eQ' Salary to $1,000 Per Month and Council Members' Salaries to $500 Per
Month.
2. Ordinance No. 1792-98 -Appropriating $15,000 for Gas Line
Extension to Blocks One and Two of Five Irons Heights Subdivision.
a. Motion for Introduction
b. Motion for Second Reading (Requires a Unanimous Vote)
~~„~;~~ ~ . c. Motion for Adoption
3. Resolution No. 98-51 - Awarding a Bid for Airport H.V.A.C. Repairs
/~~~Q~l~~• and Modifications 1998 to Honeywell, Inc. for a Total Amount of
$14,674.
~~~a~ ~. 4. Resolution No. 98-52 -Transferring $3,740 in the '98 Water System
Improvements Capital Project Fund for Training.
-1-
~~r. 5.
6.
Resolution No. 98-53 -Transferring $24,080 in the Taxiway Extension
North Capital Project F~znd.
Resolution No. 98-54 -Accepting the Donation from Zubeck, Inc. to
Install a Water Service Line to the New Erik Hansen Scout Park.
7. *1998/99 Liquor License Renewals
a. Katmai Hotel, Restaurant & Lounge
b. The Upper Deck
c. Little Ski-Mo Drive Inn
ITEM D: COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning & Zoning Commission
7. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Historic District Board
c. Kenai Visitors & Convention Bureau board
d. Alaska Municipal League Report
ITEM E• MINUTES
1. *Regular Meeting of July 15, 1998.
ITEM F: CORRESPONDENCE
ITEM G: OLD BUSINESS
,g~~j~~,~ 1. Approval -Kenai Visitors and Convention Bureau Contract
ITEM H: NEW BUSINESS
,~~?.~,~j~'~/~ 1. Bills to be Paid, Bills to be Ratified
~~~~~ 2. Purchase Orders Exceeding $2,500
3. *Ordinance No. 1791-98 - Appropriating a $1,500 Donation from the
Kenai Elks Lodge #2425 for Recreational Equipment.
-2-
~~o/~P.d 4. Approval - 1998 Land Sale -Five Irons Heights Subdivision Lots.
~ /1,,~~~/~/ 5. Approval -Change Order No. 3/ 1997 Taxiway "C" Extension -C.I.C.,
~/"~ Inc./$24,080
6. Discussion -Alaska Regional Aircraft Fire Training Center Grand
Opening
ITEM I: ADMINISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works
7. Airport Manager
ITEM J•
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION -None Scheduled.
ITEM K• ADJOURNMENT
-3-
KENAI PENINSULA BOROUGH
PLAT COMMITTEE
BOROUGH ADMINISTRATION BUILDI~
PLANNING DEPARTMENT
SOLDOTNA, ALASKA
July 13, 1998 5:30 P.M.
Members:
Philip Bryson
Kenai City
Tenn Expires 1888
Wes Coleman
Sotdotna City
Tenn Expires 1998
Leroy Gannaway
Homer City
Tenn Expires 1898
Ann Whitrrwre-Painter
Moose Pass Area
Term Expires 2000
ALTERNATES:
Wayne Carpenter
Seward City
Term Expires 1888
Brent Johnson
Kasibt Area
Term Expires 2000
Tom Knock
cooper Landing
Term Expires 1888
I A.
IB
~ C.
Tentative Agenda
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND
MINUTES
1. Agenda
2. Member/Alternate Excused Absences
a. Philip Bryson
b. Brent Johnson
3. Minutes
a. June 22, 1998 Minutes
D. CONSIDERATION OF PLATS
1. Elsa Louise S/D 1998 Addn.
Moose River Drive; west of Moose River
Preliminary; Johnson Surveying
KPB File 98-130
2. Grouse Creek SID No. 2
Seward Highway, west of Bear Lake
Preliminary; Johnson Surveying
KPB File 98-131
3. Towle S/D No. 6
Sterling Highway, Kenai River, Cooper Landing
Preliminary; Johnson Surveying
KPB File 98-132
46
~,~,.a
~°
', ;
`! ,~-_
A~'
~, ,~
,~ ~~
~- 4. Marathon View S/D South Addition
Meridian Avenue, west of ARR, north of Seward
Preliminary; Integrity Surveys
KPB File 98-133
5. Hall S/D No. 8
* ~ Kalifornsky Beach Road, south of Ciechanski Road
~~ ~`' Preliminary; Integrity Surveys
KPB File 98-138
6. Gruber S/D Kategianes Addn.
Binger Road, north of Tote Road, west of Sterling Highway
Preliminary; Wince-Corthell-Bryson
KPB File 98-137
7. McGahan -Schilling Tracts
Nikiski, south of North Kenai Road, east of Island Lake
Road
Preliminary; Wince-Corthell-Bryson
KPB File 98-140
8. Reuben Call Homestead S/D
south of Diamond Ridge Road, north of Diamond Creek
Preliminary; Mullikin Surveys
KPB File 98-139
9. Coastal Mountain Meadow
north of East End Road, east of McNeil Canyon
Preliminary; Roger Imhoff
KPB File 98-142
10. Eagleaerie Ranchos
Eagleaerie Avenue, northeast of Ohlson Mountain Road
Preliminary; Doug Stark
KPB File 998-141
E. ADJOURNMENT
The next regularly scheduled Plat Committee meeting is July 27, 1998 at
5:30 p.m. in the Planning Department at the Borough Administration
Building in Soldotna.
J
KENAY PENINSULA BOROUGH PLANNING
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BIJ~
144 NORTH BINKLEY
SOLDOTNA, ALASKA
July 13, 1998 7:30 P.M.
Tentative Agenda
`~`~ ~% O
,~ l~
A. CALL TO ORDER °e/
Jahn Hamnehrun
cha;mun
B. ROLL CALL
Areawide
Tam Expires 1999 C APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT
~P Bryson AGENDA
Vice Chairmen
Kenai City
Term Expires 1998 All items on the consent agenda are censidered routine and noncontroversial by the Planning Conuniasion and will
be approved by one motion There will be no separate discussion of these items unless a Planning Commissioner a
Aim Whitrnore-Painter someone from the public so requests, in which case the item will be removed from the ceosent agenda and
Parliamartarian oaisidered in its normal sequence on the regular agenda.
Moose Pass Area
Tam Expires 2000 If you wish to cornrnent on a consent agenda item or a regular agenda item other than a public hearing, please
advise tbe recording secxetary before the moiling begins, ar~d she will inform the Chainnao of your wish to
Peggy G. Bascacei rnrruoent.
PC Member
Tam Expuv: 2000 1. Time Extension Requests -None
~' caM 2. Plats Granted Administrative Approval
seward city
Term Expires 1999
3 • Plats Granted Approval Under 20
04
070
Robert Clutts .
.
PC Member
Anchor Point 4. Plat Amendment Requests
Tenn Expires 1998
wes Coleman a. King Rapids S/D Eastman Replat
PC Member
Soldotna city
Plat 97-43 Kenai Recording District
Tenn Expires 1999 Location: Starlight & Moonshine Drives south of Kenai
Leroy Gannaway River, north of Salmon Run Drive
b"'
x ~ KPB File 98-134 [Integrity Surveys]
c
ay
Term Expires 1998
5• Coastal Management Program
Ellis Hensley. Jr.
PC Member
Te m Expires 1999 a. Coastal Management Program Consistency Reviews
PBCMtern 1) Kachemak Bay; Peterson Point Barge Landing; AK
ICasilofArea 9806-14AA
Term Expires 2000
T°°' K"O~ 2) Nikiski; Cook Inlet 64; AK 9806-02AA
PC Member
Cooper Landing
j Term Expires 1998
1
~;
R~ ~ ;
~~ ~ ~
.~
f
b. Conclusive Consistency Determinations Received from
~. DGC
,:~ "° c. Administrative Determinations -None
6. KPBPC Resolutions
a. KPBPC Resolution 98-30: Vacating public right-of--way and
utility easements within Gov't Lots 24, 44, and 45 within
Section 34, Township 6 North, Range 11 West, Seward
Meridian, Alaska; within the City of Kenai and the Kenai
Recording District; KPB File 98-090 [Integrity Surveys]
7. Commissioner Excused Absences
a. Peggy Boscacci
b. Phil Bryson
c. Brent Johnson
8. Minutes
a. June 22, 1998 Plat Committee Minutes
b. Tune 22, 1998 Planning Commission Minutes
D. PUBLIC COMMENT AND PRESENTATIONS
(Items other than those appearing on the agenda. Limited to three minutes per speaks unless previous
arrangements are made.)
E. UNFII~TISHED BUSINESS
1. Petition to vacate 66 foot section line easement centered on lines
common to Lot 1, McFarland Subdivision Amended and Lot 1,
Bolstridge Subdivision; lying between Midway Drive and the Kenai
River; being within Sections 17 and 18, Township 5 North, Range 8
West, Seward Meridian, Alaska. Located between Midway Drive
and Kenai River in the Sterling area; KPB File 98-088 [Integrity
Surveys on behalf of petitioners Robert M. & Sallie L. Nelson; and
George A. & D. Gladys Ioanin]; Carried forward from May 26
2. Conditional Use Permit Pursuant to KPB 21.18 for the construction
of a 12 foot by 24 foot garage within 50 feet of ordinary high water
of the Kenai River; Project is located on Lot 2, Block 1, Kenai
Keys Amended Subdivision, Section 35, TSN, R8W, S.M., River
Mile 43.5, right bank; KPB Parcel No. 065-250-02; Marvin E. &
2
Ardis M. Stratton; KPBPC Resolution 98-31
Carried forward from June 8, 1998.
F. PUBLIC HEARINGS
1. Vacate portion of two Seismogaph rights-of--way within NW1/4
NWl/4 Sec. 36 and within SW1/4 SW1/4 Sec 25; all within T1S,
R12W, S.M., AK; Pazcels 40 and 50, Right-of--way Map filed by
Ninilchik Native Assn in Homer Recording District as plat 84-115.
Located within the Caribou Hills area; bounded by Settle Ave; Reid
St.; Shell Ave.; and, Woodhead Street; KPB File 98-116
[Submitted by Swan Surveying on behalf of petitioner Richazd
Northey]
2. Ordinance 98-22: Accepting and Appropriating a Grant of $55,000
from the State of Alaska for a Kenai River Access Study and
Management
3. Ordinance 98-23 : Placing on the Ballot the Question of Borough
Nonareawide Trail Powers, Adopting an Ordinance Affecting
Those Powers, and Establishing a Trails Commission
4. Ordinance 98-24: Accepting and Appropriating a Grant of $67,370
from the State of Alaska for the Kenai Peninsula Borough Coastal
Management Progam
S. Ordinance 98-25: Establishing a Senior Clerk Typist-Planning-and
Appropriating $3,400 from the General Fund for Associated Office
Furnishings
6. Ordinance 98-28: Adopting a Decertification Progam for Road
Maintenance by Amending KPB 14.06
7. A Resolution Designating the Mayor as Official Land Selection
Agent
8. A Resolution Supporting Two City of Kenai Projects at the Mouth
of the Kenai River
G. VACATIONS NOT REQUIRING A PUBLIC HEARING
1. Petition to vacate portion often foot utility easement, adjacent to
Koehler Avenue, within Tract D, Block 3, Koehler Subdivision;
Sec. 31, TBN, R11W, Seward Meridian, Alaska. Located north of
North Kenai Road; northwesterly of Lamplight Road; KPB File 98-
128; KPBPC Resolution 98-38
H. SPECIAL CONSIDERATIONS
1. Building Setback Exception Requests
a. Koehler S/D, Tract D, Block 3; KPBPC Resolution 98-32:
Granting an exception to the twenty foot building setback
limit for a portion of Tract D, Block 3, Koehler Subdivision
within Sec. 31, T8N, Rl 1 W, Seward Meridian, Alaska.
Located north of North Kenai Road; northwesterly of
Lamplight Road; KPB File 98-127 [Submitted by owner
Roxie McGahan-Little]
b. Hylen S/D 1973 Addn. Lot 8, Block 2; KPBPC Resolution
98-33: Granting an exception to the ten foot building
setback limits for a portion of Lot 8, Block 2, Hylen 1973
Addition (Plat 73-607 Homer Recording District) within
Sec 34, T1S, R14W, Seward Meridian, Alaska. Located on
Oil Well Road approx 1 mile east of Sterling Highway; KPB
File 98-144 [Submitted by Jesse Lobdell on behalf of owner
Harold Mebust]
c. Ashton Park Lot 14, Block 2; KPBPC Resolution 98-34:
Granting an exception to the twenty foot building setback
limits for a portion of Lot 14, Block 2, Ashton Park S/D
(Plat 97-74 KRD) within Section 35, TSN, R11W, Seward
Meridian, Alaska. Located on Virgo Court west of
Kalifornsky Beach Road south of Poppy Lane; KPB File 98-
135
2. Requests for waiver to platting requirements
a. P/W Wolfe, Robert C.; KPBPC Resolution 98-35: Granting
a waiver to platting requirements for certain lands within
Section 3, T2S, R12W, Seward Meridian, Alaska. Located
on Weldin Avenue and Murray Street west of Oil Well
Road approximately 10 to 12 miles east of Ninilchik and
Sterling Highway; KPB File 98-143 [Submitted by owner
Robert C. Wolfe]
b. P/W Udelhoven, Peter D & Linda L.; KPBPC Resolution
98-36: Granting a waiver to platting requirements for
certain lands (Tract 3-A, Blue Allen Too Subdivision)
within Section 22, TSS, R13W, Seward Meridian, Alaska.
Located on Hutler Road approximately 3/4 mile west of
Homer East Road; KPB File 98-136 [Submitted by owner
Peter D. UdelhovenJ
3. Appeal of Plat Committee Decision; Rozak Stariski Creek S/D;
Sterling Highway and Cook Inlet, Cap Starichkof Area; KPB File
98-118
I. CONSIDERATION OF PLATS
1. Ten plats are scheduled for review by the Plat Committee.
J. KENAI RIVER HABITAT PROTECTION (KPB 21.18)
1. Conditional Use Permit Pursuant to KPB 21.18 for a drilled well
200 feet deep within 50 feet of ordinary high water of the Kenai
River; Tract B-1, Eagle's Roost Subdivision Replat, Section 35,
TSN, R8W, S.M., River Mile 43.7, left bank, KPB Parcel No. 066-
121-21; Wright; KPBPC Resolution 98-37
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None
L. OTHER/NEW BUSINESS
Letter of objection; Willow Brook S/D North Addn.
North of K Beach Road, east of Bridge Access
Preliminary; Integrity Surveys
KPB File 98-086
2. Prior Existing Use for a Sand, Gravel or Material Site
Determination; near Funny River; Wilcox
3. Prior Existing Use for a Sand, Gravel or Material Site
Determination; near Kalifornsky Beach Road; Martin
,~
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
1. Creekwoods Park S/D Tract A -Building Setback Exception;
KPBPC Resolution 97-45: Granting an exception to the twenty
foot building setback limit for a portion of Tract A, Creekwoods
Park S/D (Plat 86-100 HRD); Sec 20, T2S, R14W, S.M., Alaska.
Located North of Happy Valley; KPB File 97-233; carried forward
from October 13, 1997
Postponed until additional information is provided.
2. Public Hearing; Petition to vacate portion of Bay Ridge Road
bounded on southwest by Lot 3; on the northeast by Lots 1 and 2,
Emerald Highland Estates Unit 4 (Plat 78-128 HRD); within Sec
13, T6S, R14W, S.M., AK. North of Homer, west of West Hill
Road; KPB File 98-010; carried forwazd from January 26, 1998
Postponed until brought back to the Commission by statl:
3. Public Hearing; Reclassification of a 10-acre Pazcel of Borough
Land in the Cooper Landing Area from Residential to Preservation;
Described as Tract A, Sunrise Conceptual Plan; Carried forwazd
from March 23, 1998
Postponed to November 9,1998.
4. Public Hearing; Petition to vacate the section line easement within
Sections 7 & 18; all within TSN, R11W, S.M., AK; partially within
City of Kenai; KPB Files 98-071 & 98-075; carried forwazd from
May 11, 1998.
Postponed to November 9, 1998.
Permit Application for a Sand, Gravel or Material Site; Anchor
Point; Clif Shafer, carved forward from June 8, 1998.
Postponed until the Coastal Management Program consistency
review is re-started and concluded.
Q. ADJOURNMENT
The Plat Committee will meet on July 13, 1998 at 5:30 p.m. in the Planning
Department (top floor) of the Borough Administration Building in Soldotna.
FUTURE MEETINGS
PLAT COMMITTEE
The next regulazly scheduled meeting of the Plat Committee is July 27, 1998 at
5:30 p.m. in the Planning Department (top floor) of the Borough Administration
Building in Soldotna.
PLANNING COMMISSION
The next regulazly scheduled Planning Commission meeting is July 27, 1998 at
7:30 p.m. in the Assembly Chambers of the Borough Administration Building,
Soldotna.
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Seward Planning Commission June 3, 1998 Minutes
2. June 26, ,1998 Letter from DOT Regarding a Safety Path in Conjunction
with Cannery Road
PLANNING DEPARTMENT
Phone: 907-262-4441, eztension 260
Phone: toll free within the Borough 1-800.478-4441, eztension 260
Faz: 907-262-8618
e-mail address: planning@borough.kenai.ak.us
web site: www.borough.kenai.ak.us/Planning.htm
OTHER MEETINGS
Anchor Pont Advisory Planning Commission July 7
Funny River Advisory Planning Commission July 13
KENAI PENINSULA BOROUGH PLAT COMMITT E
BOROUGH ADMINISTRATION BUILDING
PLANNING DEPARTMENT
RE
~~.
144 North Binkley
SOLDOTNA
ALASKA ,VFD `'`
,
~ Z ~
July 27, 1998 5:30 P.M.
Tentative Agenda ANN G pFpq Nq~
ArM
FNr
A. CALL TO ORDER
Members: B. ROLL CALL
Philip Bryson
icenai city
C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES
Term Expires 1888
Wes Coleman 1. Agenda
Soklotna city
Term Expires 1988 2. Member/Alternate Excused Absences
Leroy Ciannaway
Homer City a. Brent Johnson
Term Expires 1988
Ann Whitmore-Painter b. Ann Whitmore-Painter
Moose Pass Area
Term Expires 2000 3. Minutes
}
ALTERNATES: a. July 13, 1998 Minutes
Wayne carpenter D. CONSIDERATION OF PLATS
Seward City
Term Expires 1888 1. Sterling Estates Fellman Replat
Brent Johnson Sterling Highway, west of Jim Dahler Road
Kasilof Area
Term Expires 2000 Prelimina I
ry; ntegrity Survey on behalf of Jim Fellman
KPB File 98-123
Tan Knock
Cooper Landing
Term Expires 1988
2. Sunrise Mountain Phase 2
west of Brown's Lake; Preliminary
Integrity Surveys on behalf of Andrus' & McFarlands
KPB File 98-150
3. Etolin S/D 1998 Addn.
Spur Highway; Preliminary
McLane Consulting Group on behalf of CamGottstein Properties
KPB File 98-148
4. Maranatha No. 5
Parson's Lake, Nikiski area; Revised Preliminary
Terry Eastham on behalf of Alesia McGahan 8 Michael Litzen
KPB File 96-089
i
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5. Pace's Pleasant Haven Thornton Addn.
John Henry Drive, Soldotna
Preliminary; Teny Eastham on behalf of Vem & Alice Thomton
KPB File 98-149
Stubblefield S/D No. 15
'~ Stubblefield Drive, north of Tote Road
, a'..,~= Revised Preliminary; Teny Eastham on behalf of John
Stubblefield
KPB File 96-193
7. Seward Original Townsite Lot 12A, Blk 10 Replat
4th Avenue, City of Seward; Preliminary
Cline & Assoc on behalf of Doris J. Corcoran
KPB File 98-151
8. Murwood Estates Hollers Addn.
West of K-Beach Road, north of Murwood
Preliminary; Whitford Surveying on behalf of L. Hollers 8~ D.
Pankowki
KPB File 98-106
9. Salamatof Air Park
north of Kenai, south of Amess Lake; Preliminary
Whitford Surveying on behalf of J. Luy
KPB File 98-152
E. ADJOURNMENT
The next regulariy scheduled Plat Committee meeting is August 10, 1998 at
5:30 p.m. in the Planning Department at the Borough Administration Building in
Soldotna.
KENAI PENINSULA BOROUGH PLANNING COMMISSION
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY R~`
SOLDOTNA,ALASKA ~\~
\'
July 27, 1998 7:30 P.M. ~ ~~
Tentative Agenda ~Ne.,~~'n,.
John Hammehnan
Chairman
Areawide
Tenn Expires 1999
Philp Bryson
vice Chsirtrwr
Kenai City
Term Expires 1998
Ann Whitrnore-Painter
Parliamentarian
Moose Pass Area
Tenn Expires 2000
Peggy G. Boscacci
PC Member
Seldovia City
Term Expires 2000
Wayne Carpenter
PC Member
Seward city
Tenn Expires 1999
Robert Clutts
PC Member
Anchor Pourt
Term Expires 1998
Wes Coleman
PC Member
Soldotna City
Term Expires 1999
Leroy Gannaway
Pe Member
Homer C;ty
Tenn Expires 1998
Ellis Hensley, Jr.
PC Member
Nikiski
Tenn Expires 1999
Brent Johnson
PC Member
Kasilof Area
Term Expires 2000
Tom Knock
PC Member
Cooper Landing
Term Expires 1998
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT
AGENDA
All items on the consent agenda are considered routine and noncontroversial by the Planning Commission and will
be approved by ane motion. There will be no separate discussion of these items unless a Planning Commissioner or
someone from the public so requests, in which case the item will be removed from the consent agenda and
considered in its normal sequence on the regular agenda.
If you wish to comment oo a caisertt 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 Chaimran of your wish to
comment.
1. Time Extension Requests -None
2. Plats Granted Administrative Approval
3. Plats Granted Approval Under 20.04.070 -None
4. Plat Amendment Requests -None
5. Coastal Management Program
a. Coastal Management Program Consistency Reviews
1) Timber Harvest; Ninilchik; Greg Stout Logging,
Inc.; KK98-12
b. Conclusive Consistency Determinations Received from
DGC
c. Administrative Determinations -None
6. KPBPC Resolutions -None
1
7. Commissioner Excused Absences
! y~ ~
r'°
p-1,,, _.
a =' ~.
~. a. Peggy Boscacci
.-_°"~
~~ b. Brent Johnson
~,,,,.~ c. Ann Whitmore-Painter
°'°~ ~' 8. Minutes
a. July 13, 1998 Plat Committee Minutes
b. July 13, 1998 Planning Commission Minutes
D. PUBLIC COMMENT AND PRESENTATIONS
(Items other than those app~n8 on the agenda. i imitea to three minutes per speaker unless previous
arrangements are made.)
E. UNFINISHED BUSINESS -None
F. PUBLIC HEARINGS
Petition to vacate entire of 30 foot wide Brandon Court and
associated utility easement as dedicated and/or granted by plat of
Maranatha S/D Addn. No. 3 and shown on Maranatha S/D Addn.
No. 4 (Plats 85-173 & 88-77 KRD); Sec 17, T7N, R11W, S.M.,
AK. Location -East shore of Parson's Lake, west of Lamplight
Road; KPB File 98-129 [Submitted by Michael Litzen co-petitioner
with Alesia McGahan]
2. Petition to vacate a portion of an unnamed twenty foot wide right-
of-way dedicated by plat of Kelly Subdivision of Tract A Folz
Subdivision (Plat #37 Seward Recording District). Portion to be
vacated is bounded by Lots 2 thru 7 of said subdivision. Sec 27,
T1N, R1W, S.M., AK. Location -Seward Highway approximately
'/a mile northerly of Seward City Limits; KPB File 98-125
[Submitted by Elizabeth Dunn as co-petitioner with Fred Moore
and Joanne C. Hoogland]
3. Petition to vacate cul-de-sac portion of Seaward Avenue and
associated utility easements as dedicated and/or granted by plat of
Silver King Five and shown on Silver King Ten (Plats 90-7 and 97-
41 HRD); Sec. 5, TSS, R15W, S.M., AK. Located at the westerly
end of the north half of Seaward Avenue in Anchor Point; KPB File
98-145 [Submitted by Jerry Anderson, Anderson Consultant
Services on behalf of H. V. & Susan Kyllonen]
4. Petition to classify Borough land located between Soldotna and
Kasilof off of John's Road approximately at Mile Post 103 of the
Sterling Highway, and more particularly described as the
NE'/4SE'/., Section 34, T4N, R11W, Seward Meridian, Alaska,
containing 40.00 acres more or less. Pursuant to Kenai Peninsula
Borough (KPB) Code of Ordinances, Chapter 17.10.080(F)
5. Renaming Rebecca Hallenberger Avenue to Beeks Avenue; within
Nightwatch Subdivision Four and Nightwatch Subdivision Five,
South of North Fork Road, East of Lichen Street, Anchor Point
Area
6. Ordinance 98-33: Repealing KPB 21.13, Land Use Permits, and
Adopting KPB 21.25, Conditional Land Use Permits, and KPB
21.26, Material Site Permits, and Reenacting Without Modification
Provisions Governing Correctional Community Residential Center
Permits as KPB 21.27
7. Ordinance 98-34: Authorizing the Market Value Sale of Ten
Parcels of Borough Land by Sealed Bid
8. Ordinance 98-35: Accepting and Appropriating Grants of
$7,187.00 From the State of Alaska For the Kenai Peninsula
Borough Coastal Management Program
9. Ordinance 98-36: Accepting and Appropriating Grants of
$103,300.00 From the State of Alaska For Acquiring a Flood
Hazard Parcel in the Seward Vicinity For the Kenai Peninsula
Borough
10. Ordinance 98-39: Authorizing the Sale of Approximately 10.00
Acres of Borough Land Located in Section 26, Township 5 North,
Range 3 West, Seward Meridian, in the Vicinity of Cooper Landing
Through Outcry Public Auction
G. VACATIONS NOT REQUIRING A PUBLIC HEARING
Petition to vacate 20 foot pole line easement and ten foot utility
easement within Lot 1, Gruber S/D No. 5 (Plat 83-205 KRD);
Section 22, T4N, Rl l W, S.M.,AK. Location -Binger Road &
Gruber Road southwest of Echo Lake Road; KPBPC Resolution
98-39; KPB File 98-146; (submitted by owner petitioner Darlene
Glick]
2. Petition to vacate a portion of utility easement, adjacent to Sunset
Street, within Lot 4, Block 2, Silent Forest Subdivision (Plat 84-79
KRD); Sec 6, T7N, Rl l W, S.M., AK. Location -Approximately'/4
mile south of North Kenai Road northwest of Wik Lake; KPBPC
Resolution 98-40; KPB File 98-126 [submitted by owner petitioner
Stan & Anne Huhndorf of Nikiski, Alaska]
H. SPECIAL CONSIDERATIONS
Section Line Easement Vacation; Time Extension Request; Section
2 & 3, T6S, R13W; assoc with Tracts 18 & 36, Gruening Vista
Subdivisions. Location -between Sandford Drive and Dorothy
Drive, approximately'/a mile south of Skyline Drive north of Homer
& Kachemak City; KPB File 94-048 [submitted by Kenton Bloom,
Seabright Surveying on behalf of petitioner Arthur Sowls]
2. P/W Burt, Don and Kathryn Money; KPBPC Resolution 98-41:
Granting a waiver to platting requirements for certain lands within
Sec. 4, TSS, R15W, S.M., AK. Located between Old Sterling
Highway and Anchor River approximately'/2 mile south of Anchor
Point; KPB File 98-147 [submitted by co-applicant Kathryn
Money]
3. Variance Request to Floodplain Management Standards; Cast-A-
Way Cove Subdivision, Block 9, Lot 34; Ciechanski Area; Williams
I. CONSIDERATION OF PLATS
1. Reuben Call Homestead Subdivision
south of Diamond Ridge Road, north of Diamond Creek
Preliminary; Mullikin; KPB File 98-139
Carried forward from July 13, 1998 Plat Committee Meeting;
Brought to the Commission at the Request of the Committee.
2. Nine plats are scheduled for review by the Plat Committee.
7. KENAI RIVER HABITAT PROTECTION (KPB 21.18)
1. Conditional Use Permit Pursuant to KPB 21.18, within 50 feet of
ordinary high water of the Kenai River; located on U.S. Survey
3037, Section 28, TSN, R4W, S.M., River Mile 73.5; right bank
(KPB Parcel No. 119-010-18); HDR Alaska on behalf of ADF&G
Sport Fish Division; KPBPC Resolution 98-42
Postponed to August 10,1998 by staff and the applicant.
2. Conditional Use Permit Pursuant to KPB 21.18 for a portion of a
deck that is attached to a boathouse, within 50 feet of ordinary high
water of the Kenai River; Lot 34, Block 9, Castaway Cove
Subdivision, Amended, Section 19, TSN, R10W, S.M., River Mile
14.7, left bank (KPB Parcel No. 055-253-39); William Nelson &
Associates on behalf of John & Sharon Williams
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
1. Peninsula Wide; Five Year Schedule of Timber Sales; State of
Alaska, Division of Forestry
L. OTHER/NEW BUSINESS
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
1. Creekwoods Park S/D Tract A -Building Setback Exception;
KPBPC Resolution 97-45: Granting an exception to the twenty
foot building setback limit for a portion of Tract A, Creekwoods
Park S/D (Plat 86-100 HRD); Sec 20, T2S, R14W, S.M., Alaska.
Located North of Happy Valley; KPB File 97-233; carried forward
from October 13, 1997
This item has been carried forward from October 13, 1997 and
is now being removed from Pending Items. In May 1998, the
surveyor and land owner were advised that if required
information was not received within 30 days, the file would be
closed and placed in the inactive file status.
2. Public Hearing; Petition to vacate portion of Bay Ridge Road
bounded on southwest by Lot 3; on the northeast by Lots 1 and 2,
Emerald Highland Estates Unit 4 (Plat 78-128 HRD); within Sec
13, T6S, R14W, S.M., AK. North of Homer, west of West Hill
Road; KPB File 98-010; carried forward from 7anuary 26, 1998
Postponed until brought back to the Commission by statl:
3. Public Hearing; Reclassification of a 10-acre Parcel of Borough
Land in the Cooper Landing Area from Residential to Preservation;
Described as Tract A, Sunrise Conceptual Plan; Carried forward
from March 23, 1998
Postponed to November 9, 1998.
4. Public Hearing; Petition to vacate the section line easement within
Sections 7 & 18; all within TSN, R11W, S.M., AK; partially within
~`
PLANNING DEPARTMENT
Phone: 907-262-4441, eztension 260
Phone: toll free within the Borough 1-800-478-4441, eztension 260
Faz: 907-262-8618
e-mail address: planning@borough.kenai.ak.us
web site: www.borough.kenai.ak.us/Planning.htm
OTHER MEETINGS
Anchor Point Advisory Planning Commission August 4
Funny River Advisory Planning Commission August 10
Kachemak Bay Advisory Planning Commission August 20
KENAI PENINSULA BOROUGH PLAT COMMITTEE
BOROUGH ADMINISTRATION BUILDING
PLANNING DEPARTMENT
144 NORTH BINKLEY
SOLDOTNA, ALASKA
August 10, 1998 5:30 P.M. '
Tentative Agenda
Members:
Philip Bryson
Kenai City
Term Expires 2001
Wes Coleman
Soidotna city
Term Expires 1989
Leroy Gannaway
Horner city
Term Expires 2001
Ann Whitnwre~ainter
Moose Pass Area
Tenn Expires 2000
ALTERNATES:
Wayne Carpenter
Seward City
Term Expires 1889
Brent Johnson
Kasilof Area
Term Expires 2000
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences -None
3. Minutes
a. July 27, 1998 Minutes
D. CONSIDERATION OF PLATS
1. Dutch Landing S/D Part Two; Robinson Loop Road
Preliminary; McLane Consulting Group on behalf of Jeny Holland
KPB File 98-155
2. Loretta Lake S/D
north of Kenai, northwest of Daniels Lake
Preliminary; Segesser Surveys on behalf of Darrel 8 Susan
Payment
KPB File 98-157
3. Hall Family S/D
Nikiski North, North Kenai Road 8~ Daniels Lake
Preliminary; Whitford Surveying on behalf of James T. Hall
KPB File 98-158
4. Dawn Estates No. 2, southeast shore of Longmere Lake
Preliminary; Whitford Surveying on behalf of Timothy & Janet
Gleason
KPB File 98-159
5. Clay Family S/D No. Three; Cohoe Loop
Preliminary; Whitford Surveying on behalf of Robert L. Clay
KPB File 98-160
i
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6. Heatherland S/D
Kenai River, south of Moose River
Preliminary; Whitford Surveying on behalf of Susan Stephenson
KPB File 98-161
7. Whisper Lake S/D Miller Addn.
Southwest of Whisper Lake
Preliminary; Swan Surveying on behalf of Russell & Averal Miller
KPB File 98-162
8. Cannery Road S/D
Old Cannery Road/Cannery Road
Preliminary; Swan Surveying on behalf of Kenaitze Indian Tribe
IRA and Salamatof Native Association
KPB File 98-071
9. Bay View Addn Seward Lot 24-A Black 3 Replat
Barwell Street, Seward City
Preliminary; Cline 8 Associates on behalf of Linda Lynch
KPB File 98-107
10. Point Possession Park S/D, Point Possession
Preliminary; Sentec, Inc. on behalf of Feodria Pennington
KPB File 98-163
11. Birch Side Acres No. 7
Eider Avenue, Tem Court, Kachemak City
Preliminary; Roger Imhoff on behalf of David & Marge Raskin
KPB File 98-114
12. Alpine Meadows; northwest of McNeil Canyon School
Preliminary; Roger Imhoff on behalf of Edmund Schuster
KPB File 98-164
13. McGahan Industrial Airpark S/D No. 3
Nikiski, north of Island Lake
Preliminary; Jesse Lobdell on behalf of Merrill McGahan
KPB File 98-165
14. Drew Homestead Tracts 1998
Nikiski, northwest of Island Lake and Highway
Preliminary; Jesse Lobdell on behalf of Hany Drew
KPB File 98-166
15. Stubblefield S/D 1998 Addn.
Stubblefield Drive, north of Tote Road
Preliminary; Terry Eastham on behalf of Yewell Stubblefield
KPB File 98-167
E. ADJOURNMENT
1
The next regularly scheduled Plat Committee meeting is August 24, 1998 at
5:30 p.m. in the Planning Department at the Borough Administration Building in
Soldotna.
1
KENAI PENINSULA BOROUGH PLANNING COMMISSION
ASSEMBLY CHAMBERS
BOROUGH ADMI1~tISTRATION BUILDING
144 NORTH BINKLEY
SOLDOTNA, ALASKA
August 10, 1998 7:30 P.M.
Tentative Agenda
A.
John Hammelman
Chaimuur B•
~~;~
Term Expires 1999
C.
Philip Bryson
Vix Chairsnur
Kenai City
Term Expires 2001
Arm WhitmorerPainter
Parliamentarian
Moose Pass Area
Term Expires 2000
Peggy G.13ascacci
PC Member
Seldovia City
Term Expires 2000
Wayne Carpenter
PC Member
Seward City
Term Expires 1999
Robert Clutts
PC Member
Anchor Point
Term Expires 2001
Wes Coleman
PC Member
Soldotna city
Term Expires 1999
Leroy Gannaway
PC Member
Homer City
Term Expires 2001
Ellis Hensley, Jr.
PC Member
Nikiski
Tenn Expires 1999
Brent Johnson
PC Member
Kasilof Area
Tenn Expires 2000
Jim Skogstad
PC Member
Hope
Tenn Expires 2001
CALL TO ORDER
ROLL CALL
APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT
AGENDA
All iterru em the consent agenda are exxrsidered routine and noncontroversial by the Planning Commission and wilt
be approved by one motion. 'T'here will be no separate discussion ofthese items unless s Planning Commissioner or
someone from the public so requests, in which case the item will be removed fiorrr the oon4ent agenda sad
considered in its normal sequence on the regular agenda.
Ifyou wish to comment on a consent agenda item or s regular agenda item other than a public hearing, please
advise the ra~rding secretary before the mexting begins, and she will inform the Chaumarr of your wish to
exxnrnent.
1. Time Extension Requests -None
2. Plats Granted Administrative Approval
3. Plats Granted Approval Under 20.04.070 -None
4. Plat Amendment Requests -None
5. Coastal Management Program
a. Coastal Management Program Consistency Reviews
1 j Tyonek; Gas Wells Beluga River Unit, Existing Pads
212-35 and 224-34; ARCO Alaska Inc.; AK9807-
OIOG
2) Ninilchik; 2-D Seismic Program; Western
Geophysical; AK9807-020G
b. Conclusive Consistency Determinations Received from
DGC
c. Administrative Determinations -None
1
6. KPBPC Resolutions -None
a~,, d
,,: , ~, A' va.
.r ~~.~
7. Commissioner Excused Absences
a. John Hammelman
R+~."~" ~' 8. Minutes
a. July 27, 1998 Plat Committee Minutes
`~a, , .
b. July 27, 1998 Planning Commission Minutes
D. COMMISSIONERS/PUBLIC COMMENT/PRESENTATIONS
(Items other than those appearing «, the agena.. Limited to three minutes par speaker unless previous
anangenknts are made.)
1. Jim Skogstad, New Appointment
2. Phil Bryson, Bob Clutts, Leroy Gannaway, Re-appointments
E. UNFINISHED BUSINESS
1. Vacate portion of two Seismograph rights-of--way within NWl/4
NW1/4 Sec. 36 and within SW1/4 SW1/4 Sec 25; ail within T1S,
R12W, S.M., AK; Parcels 40 and 50, Right-of--way Map filed by
Ninilchik Native Assn in Homer Recording District as plat 84-115.
Located within the Caribou Hills area; bounded by Settle Ave; Reid
St.; Shell Ave.; and, Woodhead Street; KPB File 98-116
[Submitted by Swan Surveying on behalf of petitioner Richard
Northe]; Carried forward from 7/13/98 Meeting
F. PUBLIC HEARINGS
1. Petition to vacate portion of Northern Lights Boulevard between
Kilowatt and Frontier Avenues; Sec 20, TSN, R10W, S.M., AK.
Located in the Ridgeway area east of Kenai Spur Highway north of
Soldotna. [Submitted by McLane Consulting Group on behalf of
petitioner Ronald L. Davis]; KPB File 98-153
2. Ordinance 98-41: Authorizing the Conveyance of That Portion of
Government Lot 4, Section 24, T4N, R12W, Seward Meridian,
Alaska, Lying West of Kalifornsky Beach Road, which is the
Historical Kalifornsky Village Site, to the Kenaitze Indian Tribe,
IRA
3. Ordinance 98-42: Authorizing the Conveyance of the Real Property
Associated with the Former Homer Middle School to the City of
z
Homer at Other than Fair Market Value
4. Ordinance 98-43: Reinstating the Fifteen Percent Cash Discount for
the Sale of Certain Parcels of Borough Owned Land
G. VACATIONS NOT REQUIltING A PUBLIC HEARING -None
H. SPECIAL CONSIDERATIONS -None
I. CONSIDERATION OF PLATS
1. Fifteen plats are scheduled for review by the Plat Committee.
J. KENAI RIVER HABITAT PROTECTION (KPB 21.18)
Conditional Use Permit Pursuant to KPB 21.18, within 50 feet of
ordinary high water of the Kenai River; located on U.S. Survey
3037, Section 28, TSN, R4W, S.M., River Mile 73.5; right bank
(KPB Parcel No. 119-010-18); HDR Alaska on behalf of ADF&G
Sport Fish Division; KPBPC Resolution 98-42
2. A Conditional Use Permit Pursuant to KPB 21.18 for retaining a 8
foot by 8 foot pressure treated wood platform, within 50 feet of
ordinary high water of the Kenai River. The project is located on
Lot 19, Bolstridge Kenai River Subdivision, Section 23, TSN,
R9W, S.M., River Mile 33.4, right bank (KPB Parcel No. 063-170-
11); James & Geraldine Schave; KPBPC Resolution 98-43
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None
L. OTHER/NEW BUSINESS
Appointment of the New Plat Committee. Members will serve
September, October, and November.
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Public Hearing; Petition to vacate portion of Bay Ridge Road
bounded on southwest by Lot 3; on the northeast by Lots 1 and 2,
Emerald Highland Estates Unit 4 (Plat 78-128 HRD); within Sec
13, T6S, R14W, S.M., AK. North of Homer, west of West Hill
Road; KPB File 98-010; carried forward from January 26, 1998
Postponed until brought back to the Commission by staff.
2. Permit Application for a Sand, Gravel or Material Site; Anchor
Point; Clif Shafer, carried forward from June 8, 1998.
Postponed until the Coastal Management Program consistency
review is re-started and concluded.
3. Petition to vacate cul-de-sac portion of Seaward Avenue and
associated utility easements as dedicated and/or granted by plat of
Silver King Five and shown on Silver King Ten (Plats 90-7 and 97-
41 HRD); Sec. 5, T55, R15W, S.M., AK. Located at the westerly
end of the north half of Seaward Avenue in Anchor Point; KPB File
98-145 [Submitted by Jerry Anderson, Anderson Consultant
Services on behalf of H. V. & Susan Kyllonen]; carried forward
from July 27, 1998
Postponed until brought back to the Commission by staff.
4. Public Hearing; Reclassification of a 10-acre Parcel of Borough
Land in the Cooper Landing Area from Residential to Preservation;
Described as Tract A, Sunrise Conceptual Plan; Carried forward
from March 23, 1998
Postponed to November 9, 1998.
5. Public Hearing; Petition to vacate the section line easement within
Sections 7 & 18; all within TSN, R11W, S.M., AK; partially within
City of Kenai; KPB Files 98-071 & 98-075; carried forward from
May 11, 1998.
Postponed to November 9, 1998.
6. Ordinance 98-33: Repealing KPB 21.13 Land Use Permits, and
Adopting KPB 21.25, Conditional Land Use Permits, and KPB
21.26, Material Site Permits, and Reenacting Without Modification
Provisions Governing Correctional Conununity Residential Center
Permits as KPB 21.27; carried forward from July 27, 1998
Postponed to October 26,1998.
7. Petition to vacate a portion of an unnamed twenty foot wide right-
of-way dedicated by plat of Kelly Subdivision of Tract A Folz
Subdivision (Plat #37 Seward Recording District). Portion to be
vacated is bounded by Lots 2 thru 7 of said subdivision. Sec 27,
T1N, R1W, S.M., AK. Location -Seward Highway approximately
'/a mile northerly of Seward City Limits; KPB File 98-125
[Submitted by Elizabeth Dunn as co-petitioner with Fred Moore
and Joanne C. Hoogland]; carried forward from July 27, 1998
Postponed to August 24,1998.
Q. ADJOURNMENT
The Plat Committee will meet on August 10, 1998 at 5:30 p.m. in the Planning
Department (top floor) of the Borough Administration Building in Soldotna.
FUTURE MEETINGS
PLAT COMMITTEE
The next regularly scheduled meeting of the Plat Committee is August 24, 1998 at
5:30 p.m. in the Planning Department (top floor) of the Borough Administration
Building in Soldotna.
PLANNING COMMISSION
The next regularly scheduled Planning Commission meeting is August 24, 1998 at
7:30 p.m. in the Assembly Chambers of the Borough Administration Building,
Soldotna.
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Seward Planning Commission July 1, 1998 Minutes
2. Alaska Mountain and Wilderness Huts Association Trail Proposal
PLANNING DEPARTMENT
Phone: 907-262-4441, eztension 260
Phone: toll free within the Borough 1-800-478-4441, eztension 260
Faz: 907-262-8618
e-mail address: planning@borough.kenai.ak.us
web site: www.borough.kenai.ak.us/Planning.htm
OTHER MEETINGS
Anchor Point Advisory Planning Commission August 4
Funny River Advisory Planning Commission August 10
Kachemak Bay Advisory Planning Commission August 20
210 FIDALGO, SUITE 200, KENAI, AK 99669-7794
(907) 283-7933
I_cT7
To: Terry Brown From: Marilyn Kebschull
Fax: 283-3299 Pages: 2
Phone: 283-7551 ate: August 7, 1998
Re: ADVERTISEMENT CC: FILE
^ Urgent ^ For Review ^ Please Comment Please Reply ^ Please Recycle
• Comments:
Please publish the following advertisement on Monday, August 10, 1998. This
will be charged against the open Purchase Order you have. Thanks.
August 7, 1998
CITY OF KENAI
PLANNING AND ZONING COMMISSION
**AGENDA**
KENAI CITY COUNCIL CHAMBERS
August 12,1998 at 7 p.m.
http://www.ci.kenai.ak.us
1. CONSIDERATION OF PLATS:
a. PZ98-31-Preliminary Plat-NealSand Subdivision
b. PZ98-35-Preliminary Plat-Etolin Subdivision -1998 Addition
c. PZ98-38-Preliminary Plat Wesbet Subdivision - Replat Number Two
2. PUBLIC HEARINGS:
a. PZ98-34-Variance-Minimum Lot Area-For the property described as Five Irons
Heights Subdivision which is located off Lawton Drive, Kenai, Alaska. Application
submitted by City of Kenai, 210 Fidalgo, Suite 200, Kenai, Alaska.
b. PZ98-37-Conditional Use Permit--Cabin Rentals-For the properties described as
Lot 3, Block 8, Valhalla Heights Part #3, 4140 N. Dogwood Lane, Kenai, Alaska; Lot
4, Block 8, Valhalla Heights Part #3, 4150 N. Dogwood Lane, Kenai, Alaska; and
Lot 1, James H. Cowan Estates,1010 Angler Drive, Kenai, Alaska. Application
submitted by Clinton A. Coligan, P.O. Box 4300 Soldotna, Alaska.
c. PZ98-39-Conditional Use Permit--Assisted Living Home/Convalescent Care
Home-For the properties described as Lots 27 and 28, Block 7, Valhalla Heights
Subdivision No. 3,175 8~ 185 Phillips Drive, Kenai, Alaska. Application submitted
by La Vonna S. James, 2425 Florida Avenue, Kenai, Alaska.
3. NEW BUSINESS:
a. *PZ98-36-Home Occupation Permit-Photography Studio. Application submitted
by Daniel W. Franklin, 328 Portlock Street (Lot 21, Block 2, Central Heights
Subdivision, First Addition), Kenai, Alaska.
b. KMC 14.20.150 -Conditional Use Permits--Discussion
c. Lease Application -Lot 4, Block 1, Gusty Sub. Addn. #1
4. OLD BUSINESS:
The public is invited to attend and participate. For further information ca11283-7933.
Marilyn Kebschull
Administrative Assistant
Publish: August 10, 1998
• Page 2
City of Kenai, 210 Fidalgo, Suite 200, Kenai, AK 99611-7794
Fvc
To: Peninsula Clarion (Attn: Terri)
From: Marilyn Kebschull
Fax: 907-283299 Pages: (Two)
Phone: 907-283-7551 Date: July 27, 1998
Re: PUBLIC HEARING NOTICE CC: File
^ Urgent ^ For Revises ^ Please Comment X Please Reply ^ Please Recycle
Terri: I would like to run the following announcement on August 5 & 7, 1998. Bill this
under the open purchase order. Thanks.
July 27, 1998
CITY OF KENAI
PLANNING AND ZONING COMMISSION
210 FIDALGO STREET, SUITE 200
KENAI, ALASKA 99611-7794
http://www.ci. kenai.ak.us
PUBLIC HEARING NOTICE
The following public hearings have been scheduled for the Planning and Zoning Commission Meeting of
August 12, 1998:
PZ98-34-An application for a Variance Permit for Minimum Lot Area for the area described as
Five Irons Heights Subdivision. This subdivision is located on Lawton Drive. Application submitted
by the City of Kenai, 210 Fidalgo, Suite 200, Kenai, AK 9961 1.
PZ98-37-An application for a Conditional Use Permit for cabin rentals for the properties described
as Lot 3, Block 8, Valhalla heights Part #3, 4140 N. Dogwood Lane, Kenai, Alaska; Lot 4, block 8,
Valhalla Heights Part #3, 4150 N. Dogwood Lane, Kenai, Alaska; and, Lot 1, James H. Cowan
Estates, 1010 Angler Drive, Kenai, Alaska. Application submitted by Clinton A. Coligan, P.O. Box
4300, Soldotna, Alaska.
PZ98-39-An application for a Conditional Use Permit for an Assisted Living Home/Convalescent
Care Home for the properties described as Lots 27 and 28, Block 7, Valhalla heights Subdivision
No. 3, (175 and 185 Phillips Drivel, Kenai, Alaska. Application submitted by La Vonna S. James,
2425 Florida Avenue, Kenai, Alaska.
The Meeting will commence at 7:00 p.m. in the Kenai City Council Chambers. Anyone wishing to
present testimony concerning this application 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
August 12th. For more information contact Jack La Shot or Marilyn Kebschull at 283-7933.
Publish: August 5 & 7, 1998
• Page 2