HomeMy WebLinkAbout1988-05-11 Council Packet - Work SessionKenai City Council
Work Session
May 11, 1988
Dena'ina Pt S/D - Rezoning
Capital Improvement Projects
CITY'OF KENAI I
„Oil Cap" 4 4"" l
moHOMM iaa AauaM ee»
rumm"Im-naa
I
NOTICE OF WORK SESSION
The Kenai City Council will be holding a joint work session
with the Planning & Zoning Commission on Wednesday, May 11,
1988 at 7:00 PM.
To be discussed:
1. Dena'Ina Pt. S/D - Rezoning
2. Capital Improvement Projects
The public is invited to attend and participate.
a�~
Janet Ruotsala
City Clerk
DATED: May 9, 1988
BNAI PENINSULA BOROUGH
144 N. BINKLEY • SOLDOTNA, ALASKA 99669
PHONE (907) 262.4441
DON OILMAN
MAYOR
April 20, 1988,`''
�, CSC• !,�
Kenai City Council
210 Fidalgo Street
Kenai, AK 99611
RE: Vacation of portions of Delika Drive, Elyin Lane, Chulin
Drive, Dujemi Drive and Mesa Loop. Vacate portions of
utility easements adjacent to said right-of-ways within
and/or adjacent to Tracts D-1 thru D-7, Dena-ina Point
Estates. Also vacate screening easements adjacent to Kenai
Spur Highway within Tracts D-1 and D-7, Dena ina Point
Estates, within City of Kenai.
In accordance with AS 29.40.140, no vacation of a city
street and/or easement may be made without the consent
of the city council. This vacation action has been
approved by the Planning Commission, therefore, it is
being sent to the Kenai City Council for their consideration and
action.
The council has 30 days from April 18, 1988 in which to veto the
decision of the Planning Commission. If no veto is received by
the Commission with the 30-day period, the decision of the
Commission will stand.
The vacation request has been approved subject to the
conditions set out in the attached minutes.
Sincerely,
cov- Kevin Fenner
7
f
L
4J..
r
PLANNING COMMISSION MEETING OF APRIL 18, 1988 PACE 2
AGENDA ITEM F. PUBLIC HEARINGS
1. VACATION of portions of Dalika Drive, Elyin Lane, Chulin Drive, Dujemi
Drive and Mesa Loop. VACATE portions of utility easements adjacent to
said rights -of -way within and/or adjacent to Tracts D-1 thru 6-7,
Dena'ina Point Estates. ALSO VACATE screening easements adjacent to
Kenai Spur Highway within Tracts D-1 and D-7. Dena'ina Point Estates,
within City of Kenai.
STAFF REPORT
PUBLIC NOTICE APPEARED in the March 31 and April 7. 1988 issues of the
Peninsula Clarion.
TEN certified mailings were sent to owners of property within 300 feet, end
to other interested parties. EIGHT of the receipts have been returned.
ONE mailing returned noted "not in box 268". Address was checked and is
same as Borough records.
PETITIONER to the vacation is ROYCE ROBERTS of Kenai, Alaska.
PURPOSE OF THE VACATION AS STATED IN PETITIONS To facilitate replattingo
dedication of realigned streetse and granting of alternative easements.
STATEMENT OF NON -OBJECTION RECEIVED FRONs (I)Telephone Utilities of the
Northland. and (2) Homer Electric Association, subject to granting of
similar easements along realigned streets.
No statements of objection were received.
FINDINGS OF FACTS
Sufficient rights -of -way will be dedicated to serve surrounding properties.
Sufficient easameate will be granted to serve surrounding properties.
No surrounding properties will be denied access or utilities.
STAFF RECOMMENDATIONSt Approve vacation of portions of rights -of -way
Utility easements and screening easements within Dena'ina Point Estates
Subdivision as shown on submitted drawing labeled Dena'ina Point Estatee
Addition fl.
Provide easements requested by Homer Electric Association. Submittal of
roliminary plat in accordance with Chapter 20 of Borough Code of
Srdinances. (FINAL PLAT MUST BE SUBMITTED WITHIN ONE YEAR OF VACATION
APPROVAL).
NOTES The Kenai City Council has thirty (30) days in which they may veto
Planning Commission approval of the vacation.
END OF STAFF REPORT
Dick Troeger read the staff report.
Chairperson Denbrock opened the public hearing for testimony. Hearing and
seeing no one wishing to give testimony, the public hearing was closed.
MOTIONt Commissioner Hickey, seconded by Commissioner Brickey. moved to
approve the vacation subject to staff recommendations.
Commissioner Bryson asked the surveyor whore the original set -back line
was? It was determined that it had not changed.
A roll call vote was taken. The motion carried unanimously with all seven
commissioners present voting yes.
L
J
r—
T34amar TSlectric Al�sociation, Znc.
1
CENTRAL OFFICE: 3977 LAKE STREET • HOMER, ALASKA 99903 • 490712354167
i
I
March 30, 1988
APc? 1,088
tCn,1704p
Per
�'ton��pa tr p� . ;
Me. Robbie Harris
Planning Department
Kenai Peninsula Borough
144 North Binkley
Soldotna, AK 99669
REFERENCE: ROW and Utility Easement Vacation, DENA'INA Point
Estates
Dear Robbie:
Homer Electric Association, Inc does not object to the subject
vacations as proposed, with similar alternative easements
dedicated along the realigned streets.
Sincerely,
James S. Evana
Easement Solicitor
YounwmA l .ter-u"
PACIFIC
TELECOM
Telephone Utilities of Alaska, Inc.
Telephone Utilities of the Northland, Inc.
March 25, 19Anohoragepe, Alas
ka
88 39eo s
99503
Telephone
907.082.1231
Kenai Peninsula Borough
Planning Commission
P. 0. Box 850
Soldotna, Alaska 99669
Attentions Kevin Fenner
REs Vacation Of Rights -Of -Way Within And/Or Adjacent To Tracts
01 through D7 Dena'ina Point Estates
Dear Mr. Fanner
After having reviewed the attached publication concerning the
vacation of rights -of -way involving the above described properties
Telephone Utilities of the Northland has no objection to this
vacation at this time.
Sincerely,
Thomas (Pat) Hutson
OSP Field Engineer
X
3,.
c
i
PENINSULA CLARION
vs
ti
KENAI PENINSULA BOROUGH PLANNING COMMISt-(COE
PUBLIC HEARING
Public notice is hereby given that a petition has been received
to vacate portions of public rights -of -way; utility easements and
screening easements.
Area under consideration is described as follows:
A. LOCATION AND REQUEST: VACATE portions of Dalika Drive, Elyin
Lane, Chulin Drive, Dujemi Drive and Mesa Loop. VACATE
portions of utility easements adjacent to said rights
Estates. within and/or adjacent to Tracts D-1 thru D-7, Dena'ina Point
Estates. ALSO VACATE screening easements adjacent to Kenai
Spur Highway within Tracts D-1 and D-79 Dena'ina Point -
Estates. Section 36, Township 6 North, Range 12 West, Seward I
Meridian, City of Kenai, Alaska. `
B. PURPOSE: To facilitate replatting, dedication of realigned
streets, and granting of alternative easements.
C. PETITIONER(S): Royce Roberts of Kenai, Alaska.
Public Hearing will be held by the Kenai Peninsula Borough
Planning Commission on Monday, April 18, 1988 commencing at 7:30
p.m., or as soon thereafter as business permits, to be held in
the Borough Administration Building, Soldotna, Alaska.
Anyone wishing to present testimony may come to the above{
to give testimony or may submit a written statement to the
meeting
attention of Richard Troeger or Robbie Harris, Kenai Peninsula
Borough Planning Department, 144 N. Binkley Street, Soldotna,
Alaska 99669. Written testimony to be received by Planning
Department no later than April 13, 1988.
.For additional information contact Robbie Harris or Richard
Troeger, Resource Planning Department, 262-4441.
KEVIN FENNER
Planning Director.
You are being sent this notice because
You are an
Party and/or property owner adjacent to or within 300efeet eof
the described property.
".+lr am
wl. rr
air i�
rut�u ►�
.y
3;
i
r
1
L
f
i
r
C
,f
Mo1.AN0 8 A11160CIATde, INC.
PRORESStONAI ENGINEERS, SURVEYORS a PLANNEM MEMORANDUM
TO: Ms. Janet Loper
City of Kenai �� t
FROM: Sam McLane, P.L.S.
...I DATE: April 8, 1981
- RE: Dena' ina Point Estates -- --
s Zoning Amendment Request
W.O. 87-2010-01
The subject property was surveyed and platted by the City of Kenai in large
tracts. The street layout and tract configuration were based on _
residential lot criteria to be developed with municipal water, sewer, and
storm drainage. This concept allows the tract or block owners to gradually
develop street and utility networks and then subdivide the blocks into
final tot parcels.
The applicant desires to rezone a major property to General
j portion of the ,.
Commercial with the remainder staying Suburban Residential. To accomplish
desired buffers for residential areas and to separate commercial traffic
from residential areas the property will be replatted following the zoning
amendment. This replatting will include vacation of existing R.O.W.'s,
utility easements and the screening easement along the Spur Highway. A new
preliminary will be submitted to the Planning Commission. This will
contain residential and commercial areas which will appropriate screening
and buffer areas. J
The following procedure is anticipated:
1) Zoning Amendment Request and Action
2) Vacation Request and Action -�
3) Replatting of Property thru Standard Procedures
The intended subdivision design will insure continuity of dedicated
R.O.W.'s and match with existing utilities engineered for adjoining
-=-----,-- -- properties.
=-�==-- — The -legal -description of the zoning amendment will -be subject to presented ----------
conceptual maps to be followed by the platting procedures.
N
I
4
•C
Suggested by: Planning & Zoning Commission
CITY OF KENAI
ORDINRU E NO. 1213-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING
THE OFFICIAL CITY OF KENAI ZONING MAP FOR TRACTS D-1 THROUGH D-7,
DENA'INA POINT ESTATES FROM SUBURBAN RESIDENTIAL (RS) TO GENERAL
COMMERCIAL (CG).
WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official
Zoning Nap of the City of Kenai, and
WHEREAS, the Official City of Kenai Zoning Map depicts lands described
as Tracts D-1 through D-7, Dena'Ina Point Estates as Suburban
Residential (RS), and
WHEREAS, the owner of the property has submitted a petition for the
rezoning of the described lands to the General Commercial (CG)
designation, and
WHEREAS, the Land Use Plan of the Comprehensive Plan dated 1980
designates this area to be Medium Density Residential, and
WHEREAS, the new commercial designation will not match the legal
description at time of filing, therefore the approval or disapproval
should bear the outlines as depicted in Exhibit B "Concept Map", and
WHEREAS, the Planning & Zoning Commission hold a public hearing on
May 13, 1987 and as a result of that public hearing recommend to the
Kenai City Council and the Kenai Peninsula Borough the amendment of the
Official City of Kenai Zoning Map and the Land Use Plan to the General
Commercial (CG) designation.
KOK,. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Sect�ion�1: Subject property consisting of those lands depicted in
Exhibits A described as Tracts D-1 through D-7, Dena'Ina Point Estates
are hereby rezoned to General Commercial at the time of filing a final
-plat which will be outlined as in Exhibit B,- Concept Map.
T L
1
PASSED BY THE COUNCIL OF THE CITY OF KEW, ALASKA this 3rd day of
June, 1987.
ohn J. illiame, Mayor
ATTEST:
YPetAw"heigan, City Clerk
2
.First Reading: May 20, 1967
Second Reading: June 3, 1987
Effective Date: July 3, 1987
9'
1'
d.
' PLANNING & M N0 COMMISSION
April 27, 198S
Page 4
6. OLD BUSINESS
None
7. NEW BUSINESS
a. Vacation: Easements & ROW's Within Tracts D-1 - D-7, Dena'Ina
Point Estates (Section 36) - Royce Roberts
Planning Specialist Loper introduced'the issue with a short
background on the first phase. This Commission needs to pass a
recommendation on to the Council and the Council in turn will
recommend to the Borough.
Chairman Smalley: is this the one that came to us when there was
concern about the removal of the buffer. Planning Specialist
Loper, I believe so. Commissioner Bryson, what was this?
Chairman Smalley, they wanted to take the screening from the
highway off and there was concern about the screening from this
end. The application I think removes it. It makes a portion of
it commercial and a portion of it residential. Commissioner
Bryson, question, the initial submittal to us as regards the
resubdivision, or rezoning of this area indicated that it was
going to be a mixed commercial residential use, yet this indicates.
that they are proposing to rezone it all commercial. Planning
Specialist Loper, I hadn't noticed that. Commissioner Bryson, its
in our summery. Planning Specialist Loper, where did you find
that? I see. That's the old one, do you notice the date? It is
April 17, 1987. That is the backup for when they first came to
us. Is that what you are referring to?
Chairman Smalley: that piece of property to the south of the,
which is here, right? Now this is where the church is, on this
one, and in reading through it, I understand that the screening
will be removed completely? Planning Specialist Loper, the
application speaks of removing screening easements. Commissioner
Bryson, same comment, or same subject, the April 8, 1988 indicates
that phase I which is the rezoning is from RS to CG. Chairman
Smalley, the whole thing to general commercial. Commissioner
Bryson, I haven't been able to find a description of phase I yet.
Or a portion.
(large portion inaudible due to papers shuffling) Planning
Specialist Loper, of course the rezoning was based upon the
submittal of a final plat. Commissioner Bryson, we're proposing
to rezone this but which area are we rezoning. Planning
Specialist -Loper, if_ -you -remember back-, we'.ve had two instances- ..
where we've had a rezoning based on the submittal of a final plat,
one was Parson, and one was this one, with no concrete plat to
look at toi say which is going to be residential and which s
commercial. The way we did it was say, just the way it says in
the description from suburban residential to general commercial
based on the submittal of a final plat which we approved.
Commissioner Bryson, but we had a schedule before us which showed
e
m
r
PLANNING & ZONIN"ISSION
April 27, 1988
Page 5
us what they were doing. Planning Specialist Loper, yes. That
doesn't mean that's what they are going to final. Commissioner
Bryson, well if it varies significantly from that I would reject
it. Planning Specialist Loper, right, and we won't have that
until after these vacations come through. 1-hey are giving it to
us in one package, we're getting it by phases.
Chairman Smalley: according to the map here it talks about the
easements being vacated, the screening easements being vacated, it
looks like the screening easements are only the highway.
Commissioner Church, well that's where they want it commercial and
naturally you don't want any screening. Chairman Smalley, I know
but see my concern is on the south end next to the church there,
you know about removing screening there. Its difficult to
determine what is a, you know I can see the right-of-way
easement... (papers being shuffled - partially inaudible)
Chairman Smalley, .... and the map here doesn't show it being
taken out. So is this easement going to be taken out or not.
Planning Specialist Loper, I would suggest if that's what you
want, that you specifically state that on the western end of it
you want it retained so you get what you want. Commissioner
Nault, it doesn't show a screening easement on the north being
taken out either. Chairman Smalley, yea I know .... and depending
upon who has this piece that's going to be decided in. I do have
a concern about this piece. You know they don't show it going.
But then I think, I agree, I think something needs to be said
about that.
Commissioner Nault: (inaudible) tracts in residential? Chairman
Smalley, c-4? That shows it being commercial I think.
Commissioner Church, which one is residential then? Commissioner
Nault, c-3? Chairman Smalley, thats a d. Commissioner Church,
what I want to know is where is the residential part of this. I
understand they want all of this commercial, of course its on the
highway. Planning Specialist Loper, this is the way it used to
look (loud noises - partially inaudible). Chairman Smalley, this
is from the original file that shows ... Commissioner Church, so
they want all of this to be commercial? And this then to be
residential? (loud noises and several persons speaking at once -
mostly inaudible) Commissioner Church, ...all of this. Chairman
Smalley, it looks like they're rezoning the whole thing.
Commissioner Church, to the commercial and this .... Chairman
Smalley, I mean if they're vacating these easements ....
Commissioner Church, ...all the way to the bluff. Chairman
Smalley, I mean this is easement this isn't screening. This is
easement I'm assuming. It would be nice if somebody were here to
explain their .... so this is the original one submitted. That's
D5. Commissioner Nault, so its a tract all by itself. Chairman
Smalley, now this is the original one filed, -here it -shows -tract 5
over here is tract 7 and its speaks D1 through 7. And then the
- application requests .... from -Rs -to -.- I'd feel -more -- - - -
comfortable personally having somebody here to speak towards it.
Or can you understand it Phil.
J _ .
L' P
c,
PLANNING & ZONING COMMISSION
April 27, 1988
Page 6
Commissioner Bryson, although this isn't a rezoning document it
certainly contents ... what's proposed is the rezoning, I think it
ought to be clarified before we ..... make a reference to page one
being rezoning from RS to CG I would assume that's in part and
phase two is the vacation of the rights -of -way, right-of-ways and
easements and that's what they're doing now. Chairman Smalley,
see, it says also vacate screening easements adjacent to Kenai
Spur Highway within Tracts 01 and D7. And D7 ... are just these
... Commissioner Church, he's referring back to this original
here. D1 and D7 but does it include this one here on the side?
Chairman Smalley, no, nor does it include anything on the ....
Commissioner Church, its just on the Spur. Chairman Smalley,
that's what I thought, this map shows just this piece here, that's
being, the screening removed.
Commissioner Bryson, as far as the vacation tool I see no problem
with what they're proposing, however, I think we, anything we do
should be contingent upon conformance with, general conformance
with their original layout as far as rezoning is concerned. Or
request to have it modified. Commissioner Church, the original
intent of this tract though was residential, is that correct?
Answer from several voices, yes. Commissioner Church, and what
Impact would that be if this is changed to commercial all the way
to the bluff? As far as we're concerned. That's a question I
have. Chairman Smalley, I think it has the potential impact on
anybody that would want to build a house in there. It would make
the property probably a little bit less in value. Commissioner
Church, that's true. If they wanted to build over here and they
have, whatever, a boat coming up next to them for instance ....
Chairman Smalley: what are the wishes of the Commission.
NOTION:
Commissioner Bryson, I move to recommend approval of the proposed
vacation of easements and rights -of -way within Tracts D1 through
D7, Dena'Ina Point Estates, as submitted, seconded by Commissioner
Church.
Chairman Smalley: there has been a motion to approved the vacation
of rights -of -way within Tracts D1 through D7, Dena'Ina Point
Estates, discussion.
Commissioner Bryson: just a, I'd like to underline a point here
that, this has been, was initially approved on the concept of a
rezoning a portion of this parcel and that, they should either
request a modification if their proposals are different of don't
-conform to that. That's not a motion, just a ... they should be
made aware of.
Chairman Smalley: as was stated, I have a concern as far as what,
you know, if there isn't clarification and it goes commercial
clear to the bluff, even the portion if its fronting the highway,
I wonder what kind of impact that's going to have on the property
out there as far as its value. Residential. Because I think at
ff
wool]
f
PLANNING & ZONIIJ6 COMMISSION
}
April 27, 1988
Page 7
j
one time we, our intent was to keep the commercial within, within
I
the inner city. And now we're looking at a piece, or an
i
ordinance, or request to extend it.
Councilman Measles: initially, as I recall, it was also the
I:
intent commercial property would be, if needed, would be across
the highway. Chairman Smalley, across the highway! Councilman
Measles, the section 36 areas the other side of the highway. The
question maybe Phil can answer, if this is approved, will all of
!
the water, sewer, engineering have to be redone for the rest of
the area out there. Commissioner Bryson, they were proposing to
do that as part of their rework of that subdivision, yes.
Councilman Measles, it was just for these parcels ... Commissioner
Bryson, yes. They may be trying to conform more to the crossings
---- -
that exist out there, but all their interior design work is lost.
"
That just .... Councilman Measles, that's just in these areas,
-
i'
what about the other sections .... Commissioner Bryson, that'1 ..
"
as far as the trunk line that will utilize that to the same degree
I think. Commissioner Bryson, I assume they're trying to get
these roads closer to what exist out there, I don't know.
Chairman Smalley, I can appreciate someone trying to do something
with the property out there, but again, if there's a potential for
it to have a severe impact on the other remaining properties I
think its something the city really needs to take a look at.
4.
Before they say go. Commissioner Church, and that would come in
-
through phase three here right? Chairman Smalley, yes.
Commissioner Nault, when did phase one go on was that a year ago?
Commissioner Church, yes, about then. Chairman Smalley, to a
degree that's probably what would be dcne tonight if memory serves
-
me right. That's what we're being asked to do, actually one and
'
two. Commissioner Church, we're being asked to rezone it?
Chairman Smalley, it has been rezoned. Planning Specialist Loper,
- -
a copy of the ordinance is in your packet. Commissioner Nault,
this has been rezoned completely? Planning Specialist Loper, yes,
..
based upon the filing of a final plat that you approve.
Commissioner Church, yes we did that last year. Commissioner
Bryson, ok, its basically in conformance with that large layout
you passed out. Planning Specialist Loper, yes, this is what you
based your approval on. Commissioner Nault, in their initial
request a year ago, did that show rezoning a part of it and
leaving a part of it residential? Commissioner Church, yes.
Chairman Smalley, rezoning tracts D1 through D7, the whole thing.
That's what this says. Planning Specialist Loper, it was done
that way because there is no other legal description. It had to
be based on what exists not on what is proposed because there is
no final plat. Commissioner Bryson, based on the concept. Its a
strange way ... at what point do they identify which zone is
which. Planning Specialist Loper., that's what - this _Commission
decided on a year ago, to go ahead and do the rezoning based on
._".
exhibit B a concept map. Commissioner Church, right, that's
what's on page one of this ordinance. Chairman Smalley; I don't
remember us doing that but obviously we did. Commissioner Church,
I remember doing it. Commissioner Bryson, so it was contingent
A."
- i• i
F;
'
r
r
g
i
PLANNING & ZONINts COMMISSION
April 27, 1988
Page 8
upon the submittal of the plat and the platting has never been
done. So the rezoning hasn't taken place. Planning Specialist
Loper, right, and they told us that the platting would not be done
until phase three after all the vacations and everything else has
been done.
Commissioner Church, what if this all goes through and all this
has been approved and then Council feels its not the best benefit
for everybody, then can we turn it all down and they would have to
start all over again. I mean all three things have to be approved
in order, right? Planning Specialist Loper, everything is going
to hinge on that final plat, making sure that it matches
everything they've submitted all along. Commissioner Church, I
don't remember then wanting it commercial all the way to the
bluff, I really don't. I remember this part here still being
residential. Planning Specialist Loper, what you are looking at
is the original and only copy of what they submitted at the first
meeting. Commissioner Church, I guess I didn't study it well
enough. Chairman Smalley, according to this letter the vacation
request has been approved subject to the conditions in the
attached memos, has this been done too? Planning Specialist
Loper, those are Borough minutes, yes. Chairman Smalley, oh, ok.
Well at this point in time what can be done to, or can anything be
done I guess, to ensure that the whole piece is going to go
commercial. Commissioner Church, it says Tract i through and
whatever. Chairman Smalley, the wording says D1 through D7 on the
ordinance. Planning Specialist Loper, it was done that way
originally because there was no way to define..... Chairman
Smalley, I have a question, do, I'm not trying to postpone this
but can we get access to our minutes where we discussed this?
Planning Specialist Loper, sure. Chairman Smalley, and see what
the discussion was.
10 Minute Recess
NOTION:
Commissioner Bryson, I would move to postpone action on this item
until our next regularly scheduled meeting, at which time the
staff gather information and minutes applicable to this subject,
seconded by Commissioner Nault.
Planning Specialist Loper, to clarify, you are requesting Council
and Borough to postpone action? Councilman Measles, the motion
you need is to recommend to Council and the Borough to postpone
action.
MOTION WITHDRAWAL:
- Comissioner-Bryson; ok, with coneent of second I would withdraw
my motion and resubmit, second approved.
MOTION:
Commissioner Bryson, I move to recommend to the City Council and
Borough to withhold action on this item until we gather additional
information,
A
M
C C
PLANNING & ZONING COMMISSION
April 27, 1988
Page 9
Councilman Measles, the Borough has already acted so its effective
in 30 days so perhaps you should ask for an extension of time for
it to be effective at the Borough. You need to ask for an
additional 30 days or whatever. Commissioner Bryson, they are
incapable of extending it. Planning Specialist Loper, why would
they be incapable of extending it? Commissioner Bryson, that may
be a statutory thing. Councilman Measles, well if it is you just
need to veto it. And then they can start over. Commissioner
Nault, Council has 30 days to act on it within 30 days from April
18th. Commissioner Bryson, they'd have, your right, they'd have
to request, or they'd have to veto it is what they'd have to do.
Chairman Smalley, yea, it would be Council, should be Council's
action. Commissioner Bryson, both we and the Council will meet
before that period. Councilman Measles, yes Council meets on the
18th but your recommendation (inaudible) but that's the same night
and the deadline.
MOTION WITHDRAWAL:
Commissioner Bryson withdrew his motion
MOTION:
Commissioner Bryson, I move to request a two week extension to the
May 18th deadline
Chairman Smalley, now this is in addition to your original? You
could just put an and in it and add it to the original motion, and
to request a two week extension on the May 18th date.
Commissioner Bryson, all right.
Chairman Smalley, is there a second. Commissioner Church, would
you read it again please. Commissioner Nault, we lost it.
Planning Specialist Loper, it now reads; "move to recommend to the
City Council and the Borough to withhold action on this item and
to request a two week extension on the May 18th deadline."
Councilman Measles, the next Borough Assembly meeting will be on
the first of June. Do you want to specify a date. Commissioner
Bryson, is it the Borough Assembly that has to reject it within 30
days. Unknown.
Chairman Smalley, is there a second, Commissioner Nault, I'll
second it. Chairman Smalley, discussion. This does not pertain
to the motion, but I'm looking at the names of the streets that
were so carefully chosen. When they redo the street alignment,
when and if they do are they still going to be maintaining these
names? Planning Specialist Loper, I guess we'll know that when
the plat comes through. Commissioner Bryson, the City can
establish the -names. -of -the -tracts._ Planning Specialist Loper,.
anything in plat form needs to come back through you. Chairman
_Smalley, further -discussion. Commissioner Bryson, I got a
question, is this completely jumbled up, what do you think's
needed Ray. Councilman Measles, we just need to get some
objection in before the 18th in some fashion, either a request for
an extension or a veto. Commissioner Bryson, probably correct
L
- --- — ----- ----- -- ----- --- ---
�t;y
PLANNING & ZON dG COMMISSION
April 27, 1988
Page 10
that if you do something the night of the 18th you can't submit it
:.,. in to the Borough the day of the 18th. Councilman Measles, I
would assume that since the Borough set that 18th that it was
because the Borough's having their meeting that night so we
(inaudible) Borough Assembly then could retract their actions or
... Commissioner Nault, it just says no vetos received within the
30 day period. Chairman Smalley, question on the motion.
VOTE:
Motion passed unanimously
Chairman Smalley, I have a, I don't know I guess its more of a
statement, I think it is probably appropriate at this time, when,
I think when a Commission or when people see that a mistake
perhaps has been done, I'm not to sure if its going to reflect
badly on our record to go back and say whoa, wait a minute, we
made a mistake and to correct that mistake rather than to allow it
to continue on and cause, potentially cause some severe
ramifications economically in that area. Now I really think we
<.- - made a mistake in approving of a rezone, I really do.
Commissioner Church, well it was contingent upon the filing of a
final plat. Councilman Measles, I think the basic mistake was in
approving the rezoning of the plan period because of what the plat
looked like to rezone that area to commercial, in my opinion is a
mistake.
Chairman Smalley, and when is it appropriate that we set back and
say whoa, wait a minute. You know if we have a body, as a body
tl� do, I mean, so we look like fools, my God, I mean you know if we
made the terrible mistake. Planning Specialist Loper, perhaps
rather then retract a rezoning the time to start looking at it is
when you get a full package. And thus far you've had a part of a
package. What you could do is turn down the vacation and say you
want to see the entire package at one time, would that be a better
option Ray? Chairman Smalley, we did that somewhere else and look
what we ended up with. Commissioner Church, I believe that's what
confused us, its because of the phases. Chairman Smalley, bits
and pieces. Commissioner Church, you know we're sitting back here
and we want to see the whole picture, we just saw the first
picture. Councilman Measles, one problem with that approach would
be, if the intent is at some point to retract everything that's
been done to this point, if you approach it in that manner then
you're telling them go ahead, spend the money, do a final plat, do
all this work, bring it back to us, and if the intent now is to
undo all of that then there's no need in them going any further
with their expenditures. Planning Specialist Loper, yes, that is
looking at it in a negative manner. Councilman Measles, right,
gather everything, if the rezoning was approved pending approval
of a final plat; ok-, there's no stipulations there as to what that
final plat really needs to look like, so essentially, if they
— -- bring in a final plat -that -meets -the requirements -of -the -general
commercial zone, I think you have a hard time then rezoning it
back to residential based on that final plat. Chairman Smalley,
i
I
1
1
1
4
7
c,
.11
L
4
3
� _
PLANNING & ZONI�G COMMISSION
April 27, 1988
Page it
after they've gone through all that Councilman Measles,
that would really be hard to do and would make both the Commission
and the Council look a lot more foolish than if everybody agrees
now, hey a mistake was made, lets undo it, stop what you're doing
out there.
Chairman Smalley, and that can happen between now and our dead-
lines that we've set up basically. Is there any way that we can
bounce this off the feelings of Council and get some feedback from
them. 'Cause if we're going to stop it it needs to be done or if
there's going to be some change and zone back... Planning
Specialist Loper, if I may make a suggestion, the Council is about
done with the budget sessione, Ray do you think the Council would ,'-- •' - be open to a work session with the Commission and perhaps the
developer? Councilman Measles, I agree, the last session will be
Monday.
Councilman Measles and the Commission agreed on Thursday, May Sth
for a date for a joint work session. Material will be gathered
and presented to Council. S. PLANNING
None
9. REPORTS
a. City Council
b. Borough Planning
c. City Administration
10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
11. INFORMATION ITEMS
a. Council Agenda
b. Borough Agenda
12. COMMISSION COMMENTS & QUESTIONS
Chairman Smalley, we need to get ready for the summer sessions.
Anyone planning on vacationing needs to let Janet know.
Chairman Smalley asked for details on the activities at the Foster
site including Mr. Brown's property. Planning Specialist Loper
answered that the city engineer had looked at the site and are
monitoring activity. Chairman Smalley stated that he had been
told that there was some construction going on into the evening____
own there and it stopped about 9 that evening. By the time I got
home the hole was dug and nothing was moving but it did appear to
be a stripof land - - - - - - - - - -
going down to the river and that is on the same
F•
3-
(Portions of the following minutes are verbatim)
PLANNING & ZONING COMMISSION
MAY 13, 1987
Page 22
of this state to rebuild another hotel, pawn shop, liquor store or club
on this same premises. This would be you know, almost (inaudible) after
35 year of contributing to the economy of this area, you know, property
taxes, sales taxes, and so forth. All she wants to do is get this zoned
commercial. This will also enhance the sale that she is, so to speak
forced to sell her business. Its only for that one lot, the other lots
will remain light industrial. Lot 3 has a repair garage which falls
into either zone. The other late are vacant and the trailers which are
illegal there are advertised for sale. There is no attempt to make a
trailer park out of the other lots." -
Chairman Lewis called for comments from the public, there were none.
Chairman Lewis brought discussion back to the Commission.
MOTION;
Commissioner Smalley moved for approval of PZ87-4, Lot 1, RM Thompson
S/D Henderson Replat, seconded by Commissioner O'Reilly.
Chairman Lewis stated that,looking at the Comp Plan the area is being
designated as Medium Density Residential. The Commission concurred.
Commissioner Bryson asked to have the existing zoning clarified through
the Comp Plan now in use, answer still the 1980 as the new one has not
been approved. It was noted that the lot in question is just under the
one acre limitation, while if the petitioner would consider zoning the
lot which includes the shop, the inclusion would bring the acreage well
over the one acre. The petitioner stated that ideally, she would like
to rezone the entire area which would include the club, the garage, and
the lots with the trailers. The Commission concurred.
MOTION AMENDMENT:
Commissioner Smalley moved to amend the motion to include the entire
property outlined, with approval of second.
VOTE:
Motion passed unanimously.
C. Resolution PZ87-3- Rezone Tracte-D-1 through 0-7, Dena'Ina
Point Estates. from RS to CG - Roberts and McLane
Sam McLane, representative for Royce Roberts came forward to present the•
proposal. Mr. McLane stated that since this is a continuation, he would
briefly recap the plan. "I have added some acreages on these tracts
shown on this land use concept map. Once again, we are making
residential to -the -northwest, the -First Baptist Church is located here,
all the property across the highway is City of Kenai and presently all
this property -is undeveloped, there is one old dozer trail with a small -
clearing in here, but all the areas shown where the screening easements
are shown here have natural vegetation, the intent of the screening
easements is to leave the natural vegetation intact. "
'4�
r-
PLANNING & ZONING COMMISSION
MAY 13, 1987
Page 23
"These tracts range from 1.3 acres to 7.1 acres, so the intent is to go
through the rezoning process, and get a conceptual or conditional
approval, then vacate the existing ROWS, replat with this modified ROW
alignment and return to the tract status as the property exists now,
only with the general commercial zoning. And as we discussed at the
last meeting, that is going to take some vacation hearings and so forth
for the existing ROW's, easements and so forth. I took the liberty of
drawing this in on the zoning map so you could see how it fit in with
the existing residential zones and this west Kenai neighborhood, some
limited commercial along the highway here and this commercial area we
just discussed adjacent to that last rezoning request."
"in reviewing the existing Comp Plan some of my remarks, the existing
Comp Plan is a little out of date, I know you have a new one that's
under consideration. I looked at some of the items in each Comp Plan
and the newer one - relating to the growth factors, there's expectations
of the City growing from a 1984 population of approximately 6200 to 9350
in the year 2000 with the Kenai/Soldotna central region going from
approximately just under 25,000 to 36,500. This would have an increase
in housing units in the Kenai area from 2446 to 3591, an increase of it
or 1200 housing units. On the commercial space in Kenai, -using the new
Plan figures, a little over a million square feet of commercial space,
and that's all categories, in 1985 to an expected amount of over 1.6
million square feet in the year 2000. Now these figures out of the new
Plan did not assume the start up of Diamond Shamrock or Beluga Coal
coming or any new petrochemical or that type of industrial growth in the
central peninsula area. The Plan addresses economic development
strategies, these are suggesting promoting a positive climate for new
business development, preparation of an economic development strategy,
maintenance of the city's policy of putting city -owned land into
productive use by the private sector when there is a demonstrated public
benefit and an enhancement of the contribution of recreational visitor
industry to the city's economy and encouragement of tourism. Those are
the majors items addressed in those documents."
"Regarding the land use, the Comp Plans encourage infilling of the
central area. Strip development is along the highways and major
arterials is discouraged. In 1980, the Plan said there was about 340
acres of commercially zoned property of which around 120 acres were
developed at that time. What I'va done here is shown, as we all know
this, this in -filling is going on in a rather orderly fashion, in this
area east of the older downtown area, I've highlighted these areas that
have filled in. In other words, assuming these properties that were
available in the 1980's (inaudible) you've got this development along
the Spur and out here to the pizza place, HEA using this tract, King
Oscar using this large tract here, under option for large (inaudible)
type development. I'm using this to illustrate the fact that these
larger tracts have basically, well they were originally the airport
leased lands, they've gone into private hands, we've had orderly
development here, starting, we've -had, its -been back and forth a little -
bit regarding landscaping and so forth, but we started out with
J
C-:
F
C
PLANNING & ZONING COMMISSION
MAY 13, 1987
Page 24
development here, the uptown Motel and essentially this has filled up to
the end of General Commercial zone in this portion of town. There are
scattered tracts through the central area that haven't filled up and as
Commissioner Michou mentioned, at the last public hearing and in
Commission discussion he would get a land inventory and I don't know if
You've all seen it, I've got a copy of it here".
"There isn't that much commercial property on the market right now,
these were highlighted by Leighton, just to show, and these are not all
the properties available but this is off the multiple listing service
and in the commercial designation and a lot of these are not in the
central area, these highlighted here, there are some tracts in the
Wildwood area, they are a quarter of an acre and on 61/4 acre parcel in
the Radar S/D area, then these listings here are all in the Thompson
Park area and they are the small 1/3 acre size lots. I know there is
commercially zoned property out there, but you know that you've had a
lot of resident comment from that area whenever commercial development
has gone on, Mr. Michou looked around and there are various tracts
available that aren't colored in here that you can see, there's this
corner here next to Beaver Loop and so forth".
"The point of this is to show that, and also the zoning map, I took the
liberty of adding this line here because the zoning map indicated these
larger tracts downtown and they are more than downtown they are over the
bank. That really reduces the size on those when compared to a parcel
here. The request we're making and you can see the acreages we're
talking about. The Comp Plans have always encouraged, the earlier Comp
Plan said confine your commercial area between these wooded ravines and
that was a good plan at that time, it still is good for in -filling,
that's very desirable, but as you can see this is a small scale map, we
don't have any parcels left in this area of any size, particularly
there's no bluff parcels available of any size to allow commercial
development or a planned commercial development where yoi would have
numerous segments, an orderly development that would fit in together,
allow room for adequate parking, snow storage and drainage, and your
landscaping easement".
"The, just some statistics on this, it was called the west Kenai
neighborhood, when fully developed the 1980 Comp Plan estimated it 26
and a half thousand people could live in this west Kenai area and that's
this side of the ravine. And that would be housing approximately 8,000
housing units. Now thats full development of all residential land. By
1990 that particular plan projected 4270 people in this area. Now we all
know we have a slump, a slump, these Comp.Plans are supposed to get us
through, now the new one's addressing it to 2000 calendar year,
somewhere in that area where we look ahead. I've looked at Comp Plans
for the area around.here,..I!m_not, I haven't.developed any of them but --
I've always had a, I'll just admit this right up front, a little bone to
pick with the pomp Plan that the consultants come down and give to the
local area, I don't know it seems to me they're based -on a small-town
that doesn't go through the growth cycles like we've experienced here in
the Central Peninsula. For instance, this plan that says keep all your
nZT!
1,
F.
r
i;
'i
PLANNING & ZONING COMMISSION
NAY 13, 1987
Page 25
commercial development here, well that's good to in -fill there, and I,
as you can see, this is about 4 years worth right here if I can remember
correctly, thi3 development shown in pink, well when you have a growth
spurt it doesn't take too long to fill up this area, particularly when
you're talking little lots".
"So these incongruities become apparent. The Plans, desires to
encourage economic development, enhance the contribution of the tourism,
visitor industry, thats a real buzz word these days because that's the
thing thats projected to hold now that the Borough tourism report is
anticipating a decline this year, but not a drastic decline, but a
temporary one that's based on a slower economy in Anchorage and a lot of
our visitors are out of Anchorage. Those planners that did that project
for the Borough Resource Development also pointed out that the Peninsula
is really lacking as a visitor destination point, we do get some people
down here but we're not really living up to our potential".
"Another thing they say, lets in -fill these areas, well as I pointed
out, that's going on. When you look at the basic property inventory
we're filling up the commercial. Now we do have, I don't have the whole
area here but of course we go out to Thompson Park and the area by
Morgan Steel and the old Heaver Creek S/D that the state did years ago,
there's commercially zoned property there, but you can't really
associate that with the central area. And that's why this, this doesn't
fit the Comp Plan, I went through it, you can't make it fit and you can
quote some things out of the new Comp Plan that Janet put together
regarding land use and the things we want to do regarding commercial
development and that's cited on page 28 of the draft, "establishing
commercial districts due to the highway neighborhood and central
district settings, concentrate commercial development on strategic
locations along the Spur Highway where you can control the traffic
movement, require that the access to commercial sites be restricted to
arterials or collector streets, and not have commercial sites accessed
through residential areas, and enact some neighborhood commercial zone
and designate selected neighborhoods within the general commercial land
use category."
"These are suggestions in the new Comp Plan. Well I would submit that
this sort of plan, to do here, we can accomplish this sort of thing
although the Comp Plan says specifically to encourage growth in the
central area, but general if we're going to say that, you know, looking
to the year 200o or perhaps a little further into the future, it would
be nice to have some bluff property that takes advantage of the city
sitting here at the mouth of the river and Cook Inlet. All the property
when you're talking about trying to develop tourism and visitor
potential, and you don't have a hotel or a restaurant site anywhere
where you can virtually even see the inlet or the mountains across and
so forth, we're certainly not utilizing the city's potential to the
fullest-. The city was probably established here. because. of the -inlet_ _ and the mouth of the river and has grown significantly because of that".
"The Air Force added a bunch, we've got this property available out here
and where some new hotel sites have gone in here and hotels that needed
PLANNING & ZONING COMMISSION
MAY 13, 1987
Page 26
to be downtown which are convenient transportation wise and road wise
and airport wise, but they certainly don't have the visitor appeal or
the esthetics that would be available to a bluff location in this area".
"Another thing here, we have the opportunity now, if, you can see all
the is in here, this is either rural residential or suburban
residential, but this whole area, as I stated earlier, can hold
something on the order of 25,000 people, that's a long way off, we have
a lot of room for residential, we certainly don't want to put
(inaudible) back in here. The fact of the matter is the traffic
particularly from the development out north as people come in to town
from Nikiski area or Salamatof area, this is the part of the town that
they are going to encounter first. And I think we could use some more
commercially zoned property, not for development tomorrow or next year
perhaps but to have some tracts of this size available, this particular
tract here or block has about 1100' of bluff front. There's a lot of
things that can go on there, we're not deciding any specific thing, I've
heard there are some rumors going around but this rezone is not intended
for a specific use at this time, what it is is to get some commercially
available property, commercially developable property available within
the city limits so when we come out of this -slump which, hopefully won't
last too much longer there will be some areas. That people can look
at".
"The Plan says that there's a lot of businesses and so forth that have
been established outside the city. Certainly some of those are more
suited to be outside the city, but probably some of them, it might be
desirable to have within the city for the taxes. We have an opportunity
now to take a look at this are, this largely undeveloped, this is a photo
taken last year so it's pretty current. As you can see Inlet Woods
streets are in and so forth. So you can see this is undeveloped and the
city owns this, I don't know if its just a planning commission yet I
would assume there are some proposed ball park going in in this area and
of course the close out of the landfill there will be some sort of
contoured and drains site that's seeded there will be no developed
there, but across the street from this there's going to be a lot of
green areas so while this could be categorized as strip zoning or spot
zoning. I think there are some reasons for it, we have this, all this
residential development starting here at Woodland and coming clear
through, along Forest Drive and out to the bluff and Redoubt Terrace
that is not going to be supplanted any time in the near future. Its not
going to be forced out".
"But we have a natural break here with the city property and this dog
leg and the bluff where it comes in right behind the First Baptist
Church which has a sizable parcel here. There is room to continue a
road through here but certainly for the area here, this is one inch
equal 600 feet so for a sizable area in here there isn't room for bluff
lots and have -an adequate -bluff -setback. So -we do have -a natural
necking down, more or less a tapering down of the residential zone and
then its beginning further on down the road so what we're requesting is
that residential begin a little further down. And if we, if this rezone
goes
L_
J
1�
r--
PLANNING & ZONING COMMISSION
MAY 13, 1987
Page 27
through now before this is developed, and residences are built in here
we won't have the situation that occurred earlier here tonight, we can, I
believe we can adequately address the buffer zones, the traffic flow,
and those sort of items now and look ahead. Like I said we're not
expecting development on this next year or the year after, but looking
ahead to the future. So while it isn't, right in with the Comp Plan I
believe these Comp Plans are perhaps a little lacking in this commercial
area. Although when we're talking about development of commercial
districts this type of development does, in my opinion fit with the
goals laid out in the Comp Plan. Regarding the buffer areas, the
street, access, and so forth. So, that's all I have on that. I wish I
could pull out the land use map where it says lets have some commercial
zoned property with -some bluff front and beautiful view available but
there isn't any in the Comp Plan. I certainly think the city could use
some."
Chairman Lewis opened the issue to the public for comment.
t John Cooke: "In listening to Mr. McLane, I'm wondering and in sitting in
= 4. on some of the comprehensive planning reviews that took place years ago
I think the comprehensive planning review basically tried to keep the
development of the city into a core area to avoid, remember discussion
was to avoid the spreading out of our commercial endeavors to make it
look more like a cohesive city. And this is, I don't know if anybody
_. has ever taken an opportunity to walk or to drive through this area, I
f guess you'd have to walk through most of it, but it does afford a
beautiful view, esp. if you had a large home (inaudible, papers
rustling) structures of the inlet. It seems like it would be more
compatible to keep it residential over spreading out the commercial
" center of the city. And I think the city has done a tremendous job with
its Comprehensive Plan to this point, I would hate to see you start
spreading the city farther away from the core."
Chairman Lewis closed the public hearing and brought the issue back to
the Commission.
MOTION:
Commissioner Bryson moved approval of Resolution PZ87-3, seconded by
} Commissioner Osborne.
Commissioner Smalley, "I question that Councilman wise brought up last
time this came up, has the petitioner, what are the petitioners thoughts
on having to completely pay for the parcel or is it completely paid for,
if its resubdivided under current ordinances, I think it has to be paid
for prior to ... correct?"
cl o
Sam McLane: "I really didn't go over that totally, there's, as I said
what we're requesting here is a conditional rezoning approval at this
time, because we don't have an accurate legal description. The intent
is to request the, once the conceptual approval or the conditional
approval is granted is to request the necessary waivers -to do the - - - — - --
replatting and end up with the large blocks available that would
I.
�tF'4
f
- -
PLANNING-& ZONING COMMISSION
MAY 13, 1987
y„
Page 28
i'
essentially return the site to the way it exists now only with a
different zoning category so its the intent of the owner to ask for
those waivers. In other words, right now for instance, on a
-
rededication of the ROWS in a slightly shifted position there isn't that
�-
much difference really other than this new one here keeps access into
"i
the residential from having to go through all the commercial so the city
would have to be signatory to the plat as the city was the one that
dedicated all these ROW's to the public. So additional waivers to the
various platting authorities would be requested at that time. The idea
was rather than to request a conditional approval on the rezone, rather
'
than coming in here with the vacation, well it was just a lot of paper
work associated .....
Commissioner Smalley, "In other words no". Mr. McLane, "yea. But we
know all those steps have to be gone through".
Commissioner Bryson, "Question. He's asking for a conceptual approval,
fi
which .... I'm not sure we have that vehicle, ..... that a conceptual
zoning .... could be approved. Correct?" Chairman Lewis, "As I
understand it its either a conceptual .... " Commissioner Smalley, "it
either is or it isn't". Chairman Lewis, "Yes. There's nothing
conceptual about it at all. If we vote for it." Commissioner Michou,
l
-'.
"Either we have it or we don't, its either commercial or it ain't".
Commissioner Smalley, "In other words the vehicle we would have to
approve of this or not, not of the conceptual basis." Chairman Lewis,
j
.
"we're not approving the concept, we're approving the actual rezoning".
`
-
Mr. McLane, "I hate to interrupt again but I used the term conceptual
and conditional because at this time, this parcel is in tract, legal
configurations that are different from what's shown here. So the reason
-
I said, say we use the term conditional rezone, there isn't a legal
-
description for this tract right now, that's why, even though this part
is the remaining residential, we asked for rezoning or advertisement of
all the tracts because the ... this is, this is what the tracts look
like now. You see they're slightly different but in other words this is
Tract D-9 of Dena'Ina Point Estates as recorded on plat 84-107, so ...
this is a concept we're asking for approval for, but when you grant the
rezone you have to have the legal description and we don't have a legal
description until we go through all that platting process."
Commissioner Michou, "so all we got to do is get it platted and since
we've already approved it as commercial, then we wind up with 13 quick
stops or video rental stores and we've had it". Mr. McLane,- "in the
I
_.
planning process, we have public hearings on the .... on the Row
vacations and so forth, that have to go through that standard procedure
and so forth but yes, once, if you approve a conditional rezone on this
map, it is a rezone". Commissioner Michou, "I can't see the lines but
1 „
I'm saying if I can count 13 lots along the highway we could conceivable
wind up with 13 small businesses". Mr. McLane, "the intent at this
- - - - - --.--
time- these -were shown; --these interior -lines -were -shown at the time just
-
to show, just to give you an idea of some size that could be available,
- =- - ---- - --
the intent now is to plat the ROW's so -the original intent of this
�- -
s
i
r
„
ice..
r oy+
PLANNING & ZONING COMISSION
k
MAY 13, 198 7
Page 29
section 36 dispersal would be there. In other words, the access and the
corridor for water lines to get to this street and to this street would
be there. But essentially what we're asking for at this time is to have
-,
these blocks just the way they are, shown here. No further platting of+.
small lots at this time. The platting would come some time in the
future".
Commissioner Smalley, "Is that not in a sense a replat then." Mr.
McLane, "yes this is a replat. But what I'm saying is the replatting it
.
• ' #
into the blocks as the city did with the entire Dena'Ina Point."
Y
Commissioner Church, "When you get to the final platting, say we do this
and you _get to _the_ final platting doesn't it _come rack to us for
;}
approval?" Mr. McLane, "yes, the platting for this and then when
j;
further subdivision is done with, when we get into the commercial you'll
have your site plan review and your landscaping and all those reviews
will be done, but if say, if there is a planned commercial development
for this tract here, where someone doesn't want to development and I'm
'
speculating into the future, to explain the process, doesn't want the
- -
full 7.1 acres, but wants this portion here, then that plat would come
'
through the city."
Planning Specialist Loper, "If I may help the Commission a little bit,
we had a similar situation, and I think it was yours also, for Parsons
S/D? On that the Commission gave approval of the rezoning and it was to
.
be contingent upon the filing of a final plat which would be coming
before this Commission." Commissioner Smalley, "but right now the power
lies with the city as far as the sale of that property of the conditions
of the sale is that before it be resubdivided it would be paid for in
- -_;-
full. i think that's an agreement on the purchase contract.
CHANGE To SIDE 2 OF TAPE.
Councilman Wise, "...Really the administration and Council and the
buyer, but is a material thing. The only comment I would make here is
that I, as I understand what is being requested is conceptually do you
agree with this. I would point out, a little bit in contrary to Mrs.
Loper is that the, not in my mind, be necessarily be binding in the
future. Is that, I think, you get a little play on words and though I
don't claim to be an attorney, I think that you approve of developing,
what they're asking, as I understand it, to approve further development
of the concept. Which does mean that you cannot in the future turn down
the concept. Its a little fine things that your not committing, as I
would envisage it, you're not committing yourself to approving this as
presented in final form, even the rezoning or anything. All you're
doing is, maybe I've got Mr. McLane wrong but this is not an action
which precludes you from reversing yourself in a future date. When you
get the final plat and the deliberate delineation of the plats be
discussed.- He is -very correct in that -he can't final approval because
YOU don't know......" Planning Specialist Loper, "you don't have a
----- --' • - -
legal description". Councilman -Wise, "you-don'-t -have a correct- legal --
description. You can't define some of these imaginary lines. On that
S.
- r
-
i
PLANNING & ZONING COMMISSION
MAY 13, 1987
a�
Page 30
i,
basis I would say and I think it has to be arrived at between the
applicant and the Commission is an understanding, are you committing
to _
yourself to another step of approving a replat, vacations and so forth.
If that's the request then I think you should be very careful about ...
they are simply saying that as of this moment you have no problem with
never continuing developing, finalizing this concept, that's something
;4
else again. Its a fine line of difference and I think its got to be !
.. _. ,.
clarified, what you are doing and what you are being asked to do."
4�
"
Mr. McLane, "May I clarify that, I know that this is resulting in
confusion here, but what we're requesting is a conditional approval
contingent upon the filing of a final plat, recorded in the Kenai
recording district that looks just like this that would overlay right
-- - - --
here, it would actually -have a tract designation on this bearing and L
distances and exact acreage and a recording stamp down here just like
the original. Because like I said we have to go through the ROW vacation t
process, the resurvey, the resubmittal of the plat and so forth into 1
the commercial configuration, that's a lot of work to go through its a
lot more time on the Commission's part, we felt it would be better to
get the conditional zoning request in, if you approved of the zoning and
-,
the land use then we would do the platting. If we went right now and
.(
went through that platting procedure, came in and just did a replat,
assuming that the City administration and the Council would be agreeing
to shifting the location of the ROWS and so forth and then got this done
F
and then came in and said ok, we want to rezone these areas I've
outlined in brown to a general commercial designation and it was turned
_
down, we would be left with a bunch of ROWS that weren't really in the
best configuration for residential. And then we would have to go back
through, vacate those and go back to the original. Thats why the intent
was to come in and request a conditional rezone for these and the
rezoning would be contingent upon a final plat that would have this
configuration to show the new ROW locations, the screening easements
would be platted and dedicated on the final plat. I call this concept,
'.a
call it a preliminary plat, but its really not a preliminary plat
because it has not been submitted to any commission. That's why this
i
plat is in this configuration and when that was done it would relieve
the contingency in the zoning, would become finalized".
VOTE:
r
Motion passes
it
Church - yes
- `
Michou - yes
M,
O'Reilly - no
t.
Osborne - no
Smalley - no
'i
Lewis - yes
Bryson - yes
- 5. APFROVAL OF MINUTES OF April 22, -1987
---
Minutes_ were approved as submitted
6. OLD BUSINESS
"
None
r
"I
� a
CITY OF KENAI
'\_1 rod edjadal 4 41644a„
210 FIDALGO KBNAb ALASKA 99611
TEWHON22U. 5
May 11, 1986
{'
"
TO: Council
l
`.�
FROM: John J. William4c,
Mayor
i
It is obvious by cur rent events that the Mayor overguessed
probably know by now we do not
the Legislature and as you
the additional an$4of,the.se:�sion,Reasonsatr5s00iAM
have
obvious. In the last 1-12
were made and feelings were
in the morning, some changes bill
Assistance
MthecFinanceCommittee
-,M
hurts and thesharing
Chairman
stalled by
,i
was
in my opinion we will now need to put heavy emphasis on the
on the waste disposal
request to the Boroug h for a surcharge
facility.
I would like to discuss the overall capital improvement
By then we should know
ideas further at the June 1meeting.
further vetos will take place.
if any
{
CITY OF KENAI
"Od ed#W o1 4"„
010 FIMMM MAI, ALA U W1
Is"N"1263 fbl8
.Commission
Irighton
1yor
TRIP REPORT
10 5/5 - 5/7/88
that shorter than previous reports due to
ant with legislators and staff as we
ae process. Your review of this report
a will see if I am correct in my
1 will be funded at $500,000.00
will meet no resistance and will pass at
al
inson Loop Road money to City of Kenai
67,000.00
e and Revenue Sharing will be funded at
,nails share right at $400,000.00
arism bill and Kenai will lose our share
10
i are dead this year but Hugh Malone
.th me to write a better bill next session
Revenue Sharing portion at $400,000.00 is
[ am proposing. -to -the, -Council the following
In looking at the proposal, keep in mind
tble funds to supplement these:
Located to fund military task force to
i and Air Rescue groups for Air Guard.
I
t .
fi
,,0
J
'
f
_
�.
I4
2. $50,000.00 - to begin funding of Bicentennial group and to
absorb start up coats of flags, publicity, etc.
3. $100,000.00 - to be used for dock staging area - needed
, t .i,_ because of denial of grant request. If we can get the
proposed $BS,000.00 from the Borough, this money can revert =
back.
4. $155,000.00 - to be used for construction of ballpark
f
facilities and picnic areas. In the even the present grant
-�
requesting $151,000.00 is approved, this money can revert }
"J
back. F
-- -------;I
5. $70,000.00 - all remaining monies to go to road construction
.,
program, plus any monies from items 3 & 4 that may be
.."- ..:..-
available.
A profile of our road construction fund looks like this:
Remaining Balance $ 750,000.00
- - F
Legislative Allocation 700,000.00
Robinson Loop Reallocation 67,000.00
Remaining HAWS monies 70,000.00
-• a
Subtotal $1,587,000.00
s,
In addition, there is the $300,000.00 plus for the Coral Street upgrade
already out for proposals and funded from Airport Funds. There may
_.,:::•:
also be some roads and trails money available although not much.
Council, I ask each of you to give strong consideration to my proposal
...
for distribution of these funds. Remember, our projected General Fund
balance for the end of the fiscal year is $7 million - our reserves are
strong, our one year economic projection is good, and our debt services
is not uncontrollable.
The monies for dock staging area and ballpark development are both
}..
strong economic boosters and will pay themselves back many times over
;;.
as service fees and user spending rolls through the local economy.
These items are strong economic corner stones and deserve funding.
ti
The items associated with military affairs is to put a major push on
and to fund a task force I propose to pull together in June after my
return from McGee Tyson Air Base. I will be meeting with Lt. Col. Doug -
:,..
Clinton, Commander of the 168th Fuel Group, "Air National Guard" at
8ilson this week while in Fairbanks. He will be with us on the trip to
Tennessee. His group is the first new Air Guard group to be formed in
over 20 years. I am hoping that with his expertise I will have some
new directions. One thing about this project is that the deeper I get
into -it the .more . logical it -becomes - the. more people associated with
it the closer to reality it becomes.
2
r
L J -
I
The Bicentennial Project is also worthy of seed money - with this
,.;., beginning they have the where -with -all to really get moving and promote
the project. I believe they deserve every consideration from Council
and urge you to join me in this promotion. i
Thank you Council for your time and consideration. I believe we have a r
very successful year unrolling ahead of us. With these projects we
4 will also be continuing our Economic Development program. I hope to
discuss these matters further with you at a work session I am now
scheduling for 6:00 P.N., June 1, 1988 prior to the Council meeting.
Lit
• h
John J. Williams
- . - - Mayor
• k
W
H
o�
WW.pZ
o,�ti
004
a
�Q00
�N
W��cc
0cCD
ono
0
Y
Ncc
h�
i
-
O
LL
a
0
w
3
�
O
�i
a
cRS
P,i
r
z_
0
z
0
IL
z
a4c
a
Na
F
Ll
P
C
c
z
z�
aa.1��
'w
V
Y.
a
a
LL
S
US
g=
G
A
w
Y =
o
a�
C a
ILL rt d
8
b
>
t9
�qq
m
L
I11
CITY OF KENAI
1988.89 CAPITAL IMPROVEMENT PROJECTS
REQUEST FOR STATE GRANTS
1. VIP Subdivision - VIP/Lora DriveMatergate/$1,000,000
Ketch St. - Loop (Strip Paving)
Z.
Trading Bay( Drainage - Curbs & Gutters)
250,000
3.
Swires - Spur to School (Strip Paving) and
330,000
School to Lawton (loop) (gravel)
4.
Old Town - Upland, Highland, and Cook
650,000
(Paving & Includes some water and sewer)
S.
Linwood, Candlelight, Kaknu, Lawton,
850,000
Baker, Kiana (Paving)
8.
East Allak and Highbush (Paving)
375,000
T.
Kiana, Colonial, Steelhead & Kulila
450,000
(Gravel & Includes some water and sewer)
8.
1st, 2nd, and 3rd (East of Forest) (Gravel)
300,000
9.
N. Spruce, Second, and Third
900,000
(Paving and includes some water and sewer)
10.
HEM - Haller, Evergreen, McKinley, N. Gill,
1,100,000
2nd, 3rd, and 4th (Paving)
Prior to initiating paving projects In residential areas through the use of State funds the
City shall hold public hearings towards the formation of special assessment districts to
partially fund projects listed under the Capital Improvements Project priority list.
" y <
i - -
a..;
The following projects are to be considered of health and safety importance:
CITY
1. Street Lights $100,000
2. Fire Truck 240,000
STATE
1. Traffic Signal - Spur & Airport Way
2. Traffic Signal - Spur & Forest Dr.
3. Traffic Signal - Spur & Main St.
4. Wildwood ( Spur to State Prison) - Paving & Waterline
1. Data Bank, Economic Development Committee $ 50,000
2. City of Kenai Bicentennial Project 1791.1991 4,000,000
3. Recreation Facility Development 500,000
Uttle League $175,000
RN Park 200,000
Softball Fields (Parking, etc.) 125,000
4. Enlarge the Kenai Harbor Facility $1,250,000
This pamphlet was produced under the direction and approval of the Mayor and Council of the
City of Kenai. Public meetings were held on this 1988.89 Capital improvement Projects
Priority List.
The Mayor and the Council of the City of Kenai pledge their affirmative vote for maintenance and
operational costs of e
Capital improvements Project lit stby Ress listed. The Council of the (
Resolution No. 87-64 on October 21, 1198ty of Kenai adopted t 1 &Resolutihis on
No. 87.73 on December 2,1987.
Council
Mayor John J. Williams City Manager: Wm. J. Brigh
Tom Ackerly Raymond Measles
Bally Balile/Niar) O'Reilly Chris Monfor Public Works: Keith Kornai
1 Ron MalstoNLinda Swarner Finance: Charles Bros
Art McComsey
A
I