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HomeMy WebLinkAbout1995-09-13 P&Z PacketCITY OF KENAI ~ PLANNING AND ZONING COMMISSION AGENDA Council Chambers, 210 Fidalgo September 13, 1995, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES August 23, 1995 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING a. Resolution PZ95-46, Subdivision Plat Approval Inlet View S/D, Resubdivision of Tract A 6. PUBLIC HEARINGS a. Conditional Use Permit, Resolution PZ95-45, Bass/Daycare Center 7. NEW BUSINESS 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS 10. REPORTS a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS a. Water Tanker Memo dated August 24, 1995 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT Meeting Date: ~G1~ _ ~~ Roll Call -Vote Planning & Zoning ~~ N , ~~ ~~ ~ Resolution No. roll-call Carl Glick Phil Bryson ~ Teresa Wemer-Quads / Karen Mahurin Ron Goedce Bill T oppa ~~ Kevin Walker ,,~ Also Present: ~J ~Q ~r Resolution No. Carl Glick Phil Bryson Teresa Wemer-0uade Karen Mahurin Ron Goecke Bill Toppa Kevin Walker Notes: d ~ r -~~~ TABLE 1 Effects of Non-participation in the National Flood Insurance Program Federal flood insurance will no longer be available. No resident of the community will be able to purchase a federal flood insurance policy. Impact examples: An owner trying to sell an uninsured residence will not be able to do so if the buyer needs to obtain a mortgage or loan from afederally-insured or regulated lending institution. No federal grants or loans for building may be made in identified flood hazard areas. Includes all federal agencies such as HUD, EDA, Small Business Administration, HEW, etc. This includes repair or improvement loans. No federal disaster assistance may be provided in identified flood hazard areas. This includes homes financed by FHA, VA, Farmer's Home, etc. -. On conventional loans, lenders: must notify buyer or lessee that property is in flood hazard area; and must notify buyer or lessee that property in flood hazard area is not eligible for federal disaster relief in a declared disaster. No Federal National Mortgage Association and Government National Mortgage Association purchase of mortgage in the secondary market may be made if the properties that are the subject of these mortgages are located in special flood hazard areas of non-participating communities. No Alaska Housing Finance Corporation (AHFC) loans for new construction or mortgage purchases may be made if properties are located in special flood hazard areas in non-participating communities. Actuarial rates go into effect for first-layer coverage of all construction occurring after the effective date of the Flood Insurance Rate Map (FIRM), regardless of whether or not the community participates in the program at that time. Construc- tion which is allowed in flood-prone areas because of the lack of an effective or- dinance, will be subject to prohibitively expensive flood insurance rates when the community does, enter the program. Also, the risk of flood damages and expen- sive flood insurance premiums will adversely affect the future market values of structures. Construction which occurs within identified floodways, without regard to the fact that such construction does increase flood water depths and velocities, increase flood cTa'mages to adjacent properties in the event of major flooding. If flooding occurs, it is possible that the local governments could be held liable by residents and/or businesses who could not get flood insurance because of the decision not to participate in the National Flood Insurance Program. Indirect funding to local governments such as revenue sharing, highway con- struction and airport construction is'NOF•affected, provided no structure involved is located in a designated flood hazard area: ~~ -- -- ~--- ~___ . ~ vii av A RESOLUTION BY THE CITY OF CONCERNING PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM WHEREAS, certain cress within the City of are subject to periodic flooding, causing serious damage to properties within these areas, health and safety hazards, disrttption of cnmmtm ir..atinn tend governmental services and extraordinary public expenditures, and WHEREAS, relief is availahl.e in the farm of Federally subsidized flood insurance as authorized by the National flood Insurance Act of 1968; and WHEREAS, it is the i.nten.t of this Ci.ry Counci 1 to require the recogr~i.Cioci dncl evaluation of flood hazards it2 all official actions relating to Land use in flood plain areas having special flood hazards; and WHEREAS, this body has the legal authority to adopt land use and cortr.ol measuxpG to radtleP future flood 1nsRP_S p~irst~anr_ to AS 29.40.040; NOW, THEREFORE, THE CITY COUNCIL OF RESOLVES: 1. To assure the Federal Insurance Administration that it will enact as necessary, and maintain in force for those areas having flood hazards, adequate land use. anal contxol mRaguras with affective enforcement provisions consistent with the Criteria set forth in Section 1910 of the National Flood Insurance Program ttegulations; and 2. To vest the City Clerk with the rc~pon~ibility, authority, and means to: (a) Delineate or assist the Federal Insurance Admini~tratian, in delineating the limits of the areas having special flood hazards on available local maps of sufficient scale to identify the location of building sites. (b) Provide appropriate information concerning present uses and occupancy of the flood plaice. (c) Cooperate with Federal, State, and local agencies and private firms which undertake to study, purvey, map and identify flood plain areas, and cooperate with neighboring communities with respect to management of adjoining flood plain areas in order to prevent aggravation of existing hazards. (d) submit on the anniversary date of the community's initial eligibility an annual report to the Federal Insurance Administration on the progress made during the past year within the community in the development and implementation of flood plain ma.nagemen[ mEasures. 3. To appoint the City Clerk to maintain. for Puh]i.r. inspection and to Lurnisli upon request a record of elevations (in relation to me.~an sea level) or the :Lowest floor (Includ2ng basement) of all new or substsntislly improved structures located in the special flood hazard areas. If the lowest floor is below grade on ono or more sideE, the elevation of the floor immedistcly above utusL also be recorded. 4. To take such other official action as IDay be reasonably necessary cv carry out the objectives of the program. Attest: city c~prk ~ mayor Date Date r -- - - -- _ ,.' ... .. ~ J in nv. vv ~ wvY~J~ C. U4/ 1 U CE06RAL EMEROENGY MANAGEMENT AGENCY APPLICATION FOR PARTICIPATION tN THE NATIONAL FLOOD INSURANCE PROGRAM APPLICANT (Cley, ?vwry etC.) c~uN-rv cTaTc OM$ NO. 3067-0080 ~J1si~av Daeaanrser 1989 DATE 2. OFFICIAL, OFFICE OR AGENCY WITH OVERALL RESPONSI6ILITY -~.~.....~aa ~asroer Or BOae IVe., City, $tutt, 2jP Code) ROGRAM COORDINATOR (Officio), if dilfetrrtt fmm abouc. ~oith recyn.u.7,p3 ty f0r rinAlara~a~tinB D*oR+~am) -- ..,.mow ~~arcc~ OT tlOS lVO., Cfty, SJ6tt, 7.IP Code) i 'iST FLOOR ELEVATION INFORMATION WILL BE RECORDED BY: ADDRESS (Street or Box No.. City, State, 2IP Code) i LOCATION OF COMMUNITY REPOSI t'UhSY POR PUBLIC INSPECTION OF FIA ADDRESS o. CSTIMATES FOR ONLY THOSE AREAS SUBJECT TO FLOOp AND/OR MUDSLIDE AS KNOWN AT THE TIME OF APPLICATION NO. OF 7 •t NO. Or SMALL NO. OF ALL AREA POPULATION FAMILY 9USINESS OTHCt1 STRUCTURES 'STRUCTURES STRUCTURES 7. ESTrMATES OF TOTALS IN ENTIRE COMMUNITY i~,~•.,,~:•,. NO. OF 1.4 NO. OF SMAI„~, ;w;~,x,~~.•~„~,;, POPULA'i tViV FAMILY n.::.~:+,......;•: BUSINESS ~~~w~~ i,~:i STRUCTURES STRUCTURES TELEPHONE TELEPHONG TELEPHONE NO. OF ALL OTHER TAUCTURE; `EMA Form 81.64, FEQ 87 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ALASKA ESTABLISHING LAND USE REGULATIONS TO CONFORM TO REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. Alaska Statutes 29.35.260(a) empowers the City of to exercise a power not othervvise prohibited by law. WHEREAS, it is desirable to provide the residents and businesses of the City of the opportunit~r to purchase flood insurance; THEREFORE BE IT ENACTED BY THE CITY COUNCIL AS FOLLOWS: Section 1.0 Statutory authorization, findings of fact, and purpose Section 2.0 Definitions Section 3.0 General Provisions Section 4.0 Administration Section 5.0 Flood Hazard Reduction 5.1 General Standards 5.2 Residential and Nonresidential Construction Section 6.0 Erosion OPTIONAL STANDARD Section 1.0 Statutory authnri~a+~~., finding~f fact and vu ose. The .City Council of ,Alaska, does recognize that the city is periodically subject to flooding, and areas adjacent to the river bank may be subject to erosion, furthermore, both hazards may result in loss of life and property, health and safety hazards, and public expenditures for flood protection, relief and erosion control, all of which adversely affect the public health, safety and general welfare. Thr's purpose of this ordinance is to promote public health, safety and general welfare } and to minimize flood losses. To acwmplish this purpose, it is the intent of this ordinance to: 1. Encourage land uses vulnerable to floods be protected against flood damages at the time of initial construction or substantial improvement; 2. Modify land uses which are dangerous to health, safety or property in time of flood or cause excessive increase in flood heights or velocity 3. insure that subdivision and development of land within the city are consistent with the need to minimize flood hazards; and Insure that the sale of flood insurance is available to residents, and that those who occupy the areas of special flood hazard assume responsibility for their actions Section 2 0 Definitions "AREA OF SPECIAL FLOOD HAZARD" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. "DEVELOPMENT' means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "FLOOD" or "FLOODING" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tide[ waters and/or (2) the unusual and rapid accumulation of runoff of surface waters from any source. "STRUCTURE" means a walled and roofed building, manufactured home, and includes a gas or liquid storage tank that is principally above ground. "SUBSTANTIAL IMPROVEMENT' means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement: is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. ---- -._ __ .-~__ .___ ~ vii av SECTION 0 G _naral rovisions 3.1 LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Until such time as a "Flood Insurance Study" and "Flood Insurance Maps" are published by the Federal Insurance Administration for ____i, the city shall reasonably utilize the High Water Marks of Record. SECTION 4.0 Administration 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT 4.1-1 Developlrtent Permit R nuiran A development permit shall be obtained before construction or development begins to determine if such development is proposed within flood-prone areas. The permit shall be for all structures, including manufactured homes, and for all development including fill and other activities. 4.2 Designation of the Lo al dminic+ratnr (usually the City Administrator of City Clerk) The is hereby appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. 4.3 DUTIES AND RESPONSIBILITIES OF THE Duties of the shall include, but not be limited to: 4.3-1 Permit Review (1) Review all development permits to determine if the proposed development is located in a flood hazard area. (2) Review a(I development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agQncies from which prior approval is required. (3) Review all development permits to determine if the proposed building sites will be reasonably safe from flooding. 4.3-2 Inf°tmation to be Obtained and Maint fined (1) Maintain for public inspection all records pertaining to the provisions of this ordinance. (2) Where base flood elevation data or High Water MarKS of Record are provided, obtain and record the actual elevation of the lowest floor of all structures; and if applicable, elevation to which any structure has been floodproofed.. SECTION 5 0 PROVISION FO FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall meet the following standards: 5.1-1 Anchori' (1) Be designed and adequately anchored to prevent flotation, collapse or lateral movement of the structure; a!I manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement. 5.1-2 Construction Ma ari~tc anri ~~othods (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (3) Electrical, heating, ventilation, plumbing, and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 5.1-3 'Utilities (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system: (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge into flood waters; sewage lift station electrical panels shall be elevated above High Water Marks. 5.1-3 Subdivision Pro osals (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) A!I subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (3) All- subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. 5.1-4 'I in P rmit Where flood elevation data is not available either through a Flood Insurance Study or from another authoritative source, applications for building permits will be reviewed to assure proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. 5.2 ~ (1) In all areas of special flood hazards, new construction and substantial improvement of any residential structure shall have the lowest floor elevated to or above base flood elevation if established, or the high water marks of record. (2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited. 5.3 Nonresidential [:nn~+~ ~.~+~~~ New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor elevated to or above the level of the vase flood elevation or high water marks of record; or, together with attendant utility and sanitary facilities shall: (1) Be floodproofed so that below the base flood level the structure is watertight with walls substanitally impermeable to the passaage of water; (2) be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this section and such certifications shall be provided to the city manager. (3) Fully enclosed areas below the lowest floor in nonresidential elevated structures that are subject to flooding are prohibited. J OPT(~NAL SE T(ON Not recuired to meet FEMA mir~imus to errtPr th _ NRIP 'I Section 6 0 Fro ion Set ack_ All new development shall be setback from the to create a safety buffer or be designed to be easily relocatable. The setback distance shall at a minimum be the estimated average annual erosion rate of feet times the anticipated useful life of the structure Date of Introduction: Date of Public Hearing: APPROVED by the City Council, this day of 1996. Mayor ATTEST: CITY OF KENAI PLANNING AND ZONING COMMISSION AGENDA Council Chambers, 210 Fidalgo, Kenai, AK August 23, 1995, 7:00 p.m. Chairman Kevin Walker 1. Roll Call 2. Approval of Agenda 3. Approval of Minutes August 9, 1995 4. Persons Present Scheduled to be Heard 5. Planning a. Plat and Utility Easement Vacation Thompson Park O'Neil Add. -Reso. 95-44 b. Subdivision Plat Approval -Reso. 95-42 c. Landscaping/Site Plan Review -Reso. 95-43 d. TSH Review - Vozar 6. Public Hearings (3 minutes) a. Variance - Jelacic Reso. 95-41 7. New Business 8. Old Business 9. Code Enforcement Items 10. Reports a. City Council b. Borough Planning c. Administration 11. Persons Present Not Scheduled 12. Information Items a. Historic District Board -Future Informational Sign Design (Shk'ituk) 13. Commission Comments & Questions ~ 14. Adjournment CITY OF KENAI ~ PLANNING AND ZONING COMMISSION AGENDA Council Chambers, 210 Fidalgo, Kenai, AK August 9, 1995, 7:00 p.m. Chairman Kevin Walker 1. Roll Call 2. Aoaroval of Agenda 3. Auoroval of Minutes July 26, 1995 4. Persons Present Scheduled to be Heard 5. Planning a. Landscaping/Site Plan Review Resolution No. 95-40 - Batir Creative 6. Public Hearings (3 minutes) 7. New Business 8. Oid Business 9. Code Enforcement Items 10. Re orts a. City Council b. Borough Planning c. Administration 11. Persons Present Not Scheduled 12. Information Items a. Board of Adjustment Decision -Benton 13. Commission Comments & Questions 14. Adjournment PLANNING AND ZONING COMMISSION APPROVED MINUTES ~ August 9, 1995 Chairman Kevin Walker 1. ROLL CALL Members present: Bryson, Glick, Goecke, Toppa, Mahurin, Werner-Quade, Walker Also present: Councilman Bannock, Jack La Shot, City Engineer and Kathy Woodford, P.W. Admin. Assistant 2. APPROVAL OF AGENDA MOTION PHIL BRYSON MOVED FOR APPROVAL OF THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. RON GOECKE SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES -JULY 26, 1995 MOTION KAREN MAHURIN MOVED FOR APPROVAL OF THE JULY 26, 1995 MINUTES AND ASKED FOR UNANIMOUS CONSENT. THERESA WERNER-QUADE SECONDED. PASSED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD None 5. PLANNING a. Landscaping/Site Plan Review -Resolution 95-40 MOTION RON GOECKE MOVED FOR APPROVAL OF RESOLUTION 95-40, LANDSCAPING/SITE PLAN REVIEW SUBMITTED BY BATIR CREATIVE. CARL GLICK SECONDED. Walker asked for additional staff comments. La Shot stated there were no additional comments to the information already in the packet. Walker asked if there was anyone in the public wishing to comment on this resolution. Kenai Planning and Zoning Commission Minutes -August 9, 1995 ~ Page 2 Tony Doyle, Batir Creative, 7984 Kenai Spur Highway. Doyle stated he is the general contractor on this project. They are upgrading the exterior of the old Bailey building, adding a small addition in the back and a covered porch on the front to make the handicap access better. Mahurin asked Doyle to explain the awning cover over the patio and walkway. Doyle said they are going to replace the old wood with blue metal siding. The awning is a porch cover that will extend off the front with some hand rails. Doyle said off the back is a crafts room addition, a concrete patio with a 10 x 18 roof over it. Mahurin asked if the awning is fabric. Doyle stated the roof will be metal. Glick clarified - in the front they are just putting a roof over the sidewalk. Doyle said that is correct, they'll be extending the sidewalk to the end of the building and covering the ramp. Bryson asked if the building is still owned by the Bailies. Doyle said he thinks Central Peninsula Counseling Services purchased it from the Bailies. VOTE Glick Yes Werner-Quade Yes Goecke Yes Bryson Yes Toppa Yes Walker Yes Mahurin Yes MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS None 7. NEW BUSINESS None 8. OLD BUSINESS None 9. CODE ENFORCEMENT ITEMS Kenai Planning and Zoning Commission Minutes -August 9, 1995 ~ Page 3 10. REPORTS a. City Council Duane Bannock commented on the Board of Adjustment Decision. He noted that this Commission has looked at rezoning along the Spur Highway, and it is in the current Comprehensive Plan. He said he doesn't like to see the rezone happen a parcel at a time, but feels it does need to be rezoned to commercial. Bannock said the council went on a field trip through Old Town. He said there were several ideas about what to do with the Spruce Street beach, i.e., maybe a permanent parking lot; whether to keep the beach road open or close it; etc. There was also some discussion regarding the Vozars cabin situation. Bannock reminded anyone who puts up campaign signs must have them removed within two weeks. Bryson noted Bannock made reference to the existing Comprehensive Plan supporting the decision that was made. Bryson said he interpreted that portion of the Land Use Plan (sheet 4 in the existing plan) as designating the area as low density residential. Bannock said there is a written paragraph in the Plan that states the entire Spur Highway corridor within the city limits should be commercial. Bryson asked if the Land Use Plan should represent the long term intent. Walker stated the Land Use Plan is a current land use map, the plan will be what is actually written into it after the Commission's review. b. Borough Planning Phil Bryson had no report because the Borough has not had a meeting since July. c. Administration La Shot said he had no report . 11. PERSONS PRESENT NOT SCHEDULED None 12. INFORMATION ITEMS a. Board of Adjustment Decision -Benton Walker stated the Council overturned the decision of Planning & Zoning Commission and Kenai Planning and Zoning Commission Minutes -August 9, 1995 Page 4 asked for any comment. Bryson said their rationale seemed to be directing the Planning & Zoning Commission to address the whole area at a later time. Bryson said perhaps the Commission should look at that at a later time. 13. COMMISSION COMMENTS AND QUESTIONS None 14. ADJOURNMENT Chairman Walker adjourned the meeting at 7:17 p.m. Respectfully submitted by Kathy Woodford, P.W. Admin. Assistant 5q STAFF REPORT To: Planning & Zoning Commission Date: August 14, 1995 Prepared By: JL/kw Reso. 95-44 GENERAL INFORMATION Applicant: McLane Consulting Group PO Box 468 Soldotna, AK 99669 Requested Action: Plat and Utility Easement Vacation Legal Description: Lots 1, 2, 21, & 22, Block 2, Thompson Park S/D Existing Zoning: General Commercial Current Land Use: Commercial ANALYSIS City En inee r: ~ The applicant is replatting four lots into two and eliminating a utility easement. A structure now encroaches into this easement. The two former lots 21 and 22 are a part of an assessment district. Assessments would now be levied against the two new lots as configured. No installation agreement necessary. RECOR~MENDATIONS Approval. ATTACF-7MENTS 1. K.P.B. Plat Submittal Form 2. Resolution 95-44 3. Petition to Vacate Public Utility Easement 4. Drawing of lots CITY OF KENAI - PLANNING:AND: ZONING'GOMMtSStON RESOLUTION NO. PZ 95= 44 SUBDIVISIOi~ PLA~<:: 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: Thompson Park S/ WHEREAS, the attached plat & utility ~'asement yacati n, n' New 1 A~r3; t; nn was referred to the City of Kenai Planning and Zoning Commission on ~~, n ~ ~~ and received from M~-r.ane Consulting Group ,and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1) Plat area is zoned General Commercial and therefore subject to said zone conditions. 2) Water and sewer: Yes 3) Plat (does) ~~) 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 x(~{ct~ shown. 6) Utility easements, if required, are ( shown. 7) Any existing structures must be shown on plat. 8) Street names designated on the plat are ~~ correct. 9) INCLUDE STATEMENTS ON ATTACHED STAFF COMMENT SHEET. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE Plat and Utility Easement vacation SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE OR ON ATTACHED STAFF COMMENT SHEET. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, ,~~ ~ , 1995. ~~,_._ ~ ~,~g~ Gam. _ ~1i1 f/!~'c~ ~,2!'~~. CHAIRPERSON ~ TTEST: Pla ing Secretary P.O. Box 468, Soldotna, Alaska 99669 (907) 283-4218 KENAI PENINSULA BOROUGH PLAT SUBMITTAL FORM SUBMITTAL DATE: 8/7/95 MCG: 95-2023 PLAT NAME: Thompson Park Subdivision O'Neil Addition PLAT SUBMITTAL FEE: $60.00 PROFESSIONAL LAND SURVEYOR'S NAME: M. Scott McLane REGISTRATION NUMBER: 4928-S USE: Residential Recreational x Commercial Agricultural Other. 3 Copies of the plat have x have not been submitted to the City of /'~Pvicu . .Date submitted: ~ 7/2 CURRENT ZONING WHERE APPLICABLE: ' C G WATER: On-Site ~_ City Community SEWER: On-Site x City Community COMMENTS: We request that a certificate of paid taxes be provided when needed. EXCEPTIONS REQUIRED AND REQUESTED: The purpose of this replat is to combine 3 existing lots into lparcel, remove encroachments by existing building which crosses property line and to vacate a 20' utility easement which building is located within. PETITION TO VACATE PUBLIC UTILITY EASEMENT PUBLIC HEARING IS NOT REQUIRED UPON RECEIPT OF COMPLETE APPLICATION WITH ALL REQUIRED ATTACHMENTS; VACATION WILL BE SCHEDULED FOR PLANNING COMMISSION ACTION. THE PETITIONER MUST SECURE AND SUBMIT WRITTEN COMMENTS FROM UTILITY COMPANIES. IF THE EASEMENT IS WITHIN CITY LIMITS; SECURE AND SUBMIT WRITTEN CITY COMMENTS. TO ACCOMPLISH AN APPROVED VACATION; A PLANNING COMMISSION RESOLUTION MUST BE FILED WITH THE STATE RECORDER TO ENTER THE VACATION INTO THE PUBLIC RECORDS. PETITIONER MUST PAY FILING FEES (USUALLY S17 TO S2O) L~] UTILITY EASEMENT PROPOSED TO BE VACATED WAS GRANTED BY PLAT OF Thompson Park $UBDIVISION~ FILED AS PLAT N0. K1047 IN Kenai RECORDING DISTRICT. I ~ UTILITY EASEMENT PROPOSED TO BE VACATED WAS GRANTED BY (SPECIFY TYPE OF DOCUMENT) AS RECORDED IN BOOK PAGE OF THE RECORDING DISTRICT. (COPY OF RECORDED DOCUMENT MUST BE SUBMITTED WITH PETITION) I ~ COMMENTS FROM ELECTRIC ASSOCIATION ATTACHED. I ~ COMMENTS FROM GAS COMPANY ATTACHED. C ~ COMMENTS FROM TELEPHONE COMPANY ATTACHED. ~ ~ COMMENTS FROM CITY OF ATTACHED. ~ ~ NINE COPIES OF PLAT OR MAP SHOWING AREA PROPOSED TO BE VACATED. IF EASEMENT WAS GRANTED BY DOCUMENT; ONE COPY OF RECORDED DOCUMENT MUST BE SUBMITTED. C~] IF EASEMENT IS PROPOSED FOR VACATION DUE TO STRUCTURE ENCROACHING INTO EASEMENT; AS-BUILT SHOWING ENCROACHMENT MUST BE ATTACHED. IS EASEMENT BEING USED BY UTILITY COMPANY ^ YES ~ NO THE PETITIONER MUST PROVIDE REASONABLE JUSTIFICATION FOR THE VACATION. REASON FOR VACATING HnnaP citna d i,;thin PacPmPn jcPP att ~hPd) Al rna i a m n b inSJ grantPA THE PETITION MUST BE SIGNED (WRITTEN SIGNATURE) BY OWNERS OF MAJORITY OF THE FRONT FEET OF LAND FRONTING PART OF EASEMENT PROPOSED TO BE VACATED. EACH MUST INCLUDE MAILING ADDRESS AND LEGAL DESCRIPTION OF HIS/HER PROPER- TY. SUBMITTED BY: SIGNATURE ~~~lO ~'r~'~~ NAME Mc~ane Consulting~oup ADDRESS P.O. Box 468 Rnlr~ntna~~{ Q9ti69 PHONE (907) 283-d 18 PETITIONERS' SIGNATURE SIGNATURE NAME a c O'Neil NAME ADDRESS P.0. Box 180 ADDRESS Ouinalt. WA 98575 DWNER OF r.ntc 1~2~21, r,. 23 DWNER OF slut Block Two _ ~ ~ _ ~, - ~ .t `~~~ ~. _ -= ,,.~ _ _ ~ _ --~ ~ ~, .;~-- ~ o~' ~ \ ,--- ~~ ,- 1` ~ 6 ~Op0 ~ ~ '~\ v ,. . ,~; , - ~ 'r ~ '>- X16 6 ti~ `,°~ ~~~ ; ~~ j z ~_ uecx 1 ~ •` ` \l _ _ LOT 22A`'~, ,oG°.: . ~' ~~ ~'~ ; _,~~ 14,.003 S.F~ ~ ~ ~~`,_ /'" ,, _~,~'' ~ ~O ~~ ~ O. °o. ~ ~~o LOT 1 A ; ,~ `~j'',, /~°o ~ 45, 995 S.F. ,. - _ ~ ~ ~o ~ -~ ~ '~ /l cow f ~ ~~ ~ ~ y,Eoy `~~ ~ tied _ f /~ air ~ ~~ ~¢ ~ / ~ . ~~, ~ /'~~ ~ ~ /S.o.-age ~ ~ ~ ~~ ~ `~ Bides- ~ ` ~i' ~, :: - py ~- ., _ . ~ ~ ~ ycj0 X25 ~ 4V O, Cn . ~i- 05 e ~ 3~ ~ '` ~` - ~ ~ _ vti~~,zy N 65 ~ Q ~ ~o p _ ~ O. ~25.~ ~~ ff~~T ,, - ~ .1 - \'y/ f~~ - `\ `\~'~ !~ _ _ _ .- - J - se the ;e~`sem-ent. -- _ ~- __ - - ~~- x :,rife ~, `_ t ~ ''4i ;,~^ ,, f.~ ..,. . Y _. i PRELIMINARY - - rt: J.i a, THOMP`~-4N PAf~C SU6DIVSION l~~~ O'NIE~ AVON -- ~ ~~ -, 22 Block Twa> 21 & 2 subdivision of Lots 1 `(A R j ~` _; _ , , e Thompson Park Subdivision and Utility Easei~rment - ` `~= Vacation) ' ;f.~ a. ~~ Jack O'Neil - r ~ ..' .f .~ P.O. Box 1$© ~ : ,~ < ~ .-, ti~~ ; . . Quinfllt, WA 98575 .. LOGATIQN . Y~ ~- _ 1.77 AC. M/L SITUATED 1N THE NW ,1 %4 NW 1%4 OF -: :: '~ .`` N ~ ~ ~ SECTfON fi, _ T. 5 N.; R. 14 W., S.M., AK„ -THE GtSY - ~- _` OF KENAI, KENAI PENINSUI_.A BOROUGH AND.- TME~ ~~ q - L ~ ' ~ _;~„ T ~ ,.°- _ KENAI RECORDING D(STRlCT ~` _ -. ° ~ ~ ~ ~. ~ _ , ~ Surveyed by ; Consulting Group- - , ~ .. ~ :_ d P.O. Box 4fi8 996fi9 McLane ~ Soldo#na, AK :;~ - 'Da#e Augus# i99 Book, hlo..: ' 9~--~# ~ Pro}ect hlo.:952t3~~ ~_ ,~rF.. h '~ n 1'. ~. h _ v - ~3rawn by Scole;-1" - ,5Q' .! KPB File No.: 95~,.r'~ ~-`'~ ~~ ~ <s .. v :~~ - 5b STAFF REPORT To: Planning & Zoning Commission Date: August 17, 1995 Prepared By: JL/kw Res: PZ 95-42 GENERAL INFORMATION Applicant: McLane Consulting Group PO Box 468 Soldotna, AK 99669 Requested Action: Subdivision Plat Approval Legal Description: 5.77 AC. M/L situated in the NE 1/4 NE 1/4 Sec. 3, T5N R11W, SM, AK, Kenai Existing Zoning: R Current Land Use: Recreation ANALYSIS City Engineer: This plat dedicates r/w southerly from Lawton Dr., through city owned and leased property (golf course) to property to the south. Legal access now exists along the section line easement, however the proposed alignment presents a better physical alignment (through edge of wetlands) and creates a more aesthetically appropriate situation along the golf course. RECOMMENDATIONS Recommend approval contingent upon the following: 1. An installation agreement to construct Swires Drive from Lawton south, and Lawton from the end of existing to Swires. The agreement shall cover street, drainage and miscellaneous. 2. Since the city owns the property, KPB 20.16.155 requires that "All parties having an interest of record in land being subdivided shall sign a certificate of ownership and dedication printed on the plat." Approval should be given by the city council to do this. ATTACHMENTS 1. Resolution No. 95-442 2. KPB Plat Submittal Form 3. Drawing of proposed dedication f~i~fQ-~ 3. Resolution No. 95-48 - Supporting the Re-Establishment ~ of a School Tax. "'~~'. 4. Resolution No. 95-49 - Supporting an Amendment to the ~~~~ State Constitution to Allow Establishment of a ~J ~~;~~ Dedicated Fuel Tax to Support the State's 4'" Transportation Systems. ~~/~~ 9~G~6Q~fif-.ti.- 5. Resolution No. 95-50 - Supporting Local Control Over ~~~~ ~ Gaming/Gambling in the City Limits of the City of ~„~~ _ Kenai . ytp GDt~,r~ ~~~~jy5 ~~fisn.- - D. COMMISSION/COMMITTEE REPORTB 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 E. MINIITES 1. *Regular Meeting of August 2, 1995. F. G. OLD BII6INE88 H. NEW BIISINESS ~~jc~-p~^OYP~ 1. Bills to be Paid, Bills to be Ratified ~ues~tC ~ 2. Purchase Orders Exceeding $2,500 i,r67/j°~ 3. *Ordinance No. 1659-95 - Creating KMC 7.15.110 to Provide That the City May Offset Amounts Owed to Contractors by the City Against Amounts Owed by the Contractors. for Delinquent City Taxes. 4. *Ordinance No. 1660-95 - Amending the Official City of Kenai Zoning Map for Certain Lands Described as Lots 3 and 4, Block 8, Shaginoff Subdivision and Within the City of Kenai. -2- 5. *Ordinance No. 1661-95 - Increasing Estimated Revenues and Appropriations by $36,800 in the S.T.P. - Disinfection/Safety Program Capital Project Fund. f~ 6. Discussion - Airport Commission Recommendations /'~/' ~~ ~ / a. Salmon Producers Alliance ,Vi'i` ~~~°' b. Fun in the Midnight Sun Reservation Central ~ ~ ~¢~ Airport Regulation Amendment ,~"~~i~ Discussion - Alaska Department of Environmental Conservation's Municipal Matching Grants. ~~~~y ~~ `~~~~~ EB C~E SESSION ~,~r~~>!~~.-~ ~~ I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCIISSION 1. Citizens (five minutes) 2. Council R. ADJOURNMENT -3- KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING CONFERENCE ROOM B SOLDOTNA,ALASKA Tentative Agenda Cooper Landing /Term Expires 1998 B. ROLL CALL C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA 1. 2. 3. 4 AUGUST 14, 1995 7:30 P.M. Time Extension Requests a. Bowers S/D No. 5 KPB File 94-135 Location: Sterling Highway within City of Homer Plats Granted Administrative Approval KPBPC Resolutions -None Coastal Management Program a. Coastal Management Program Consistency Reviews I~ b 1) Kenai Peninsula; Gravity Survey -Oil & Gas Research; Photo Gravity Corporation; AK 9508- OlOG 2) Ninilchik; Timber Harvest -Detailed Plan of Operations; Browning Timber; KK 95-24 5 1 John Hammehnan Chaimaan Areawide Term Expires 1996 Philip Bryson Vice Chairman Kenai City Tcrm Expires 1998 Ann Whitmore-Painter Parliamentarian Moose Pass Area Term Expires 1997 Peggy G. Boscacci PC Member Seldovia City Term Expires 1997 Wayne Carpenter PC Member Seward City Term Expires 1996 Robert Clutts PC Member Anchor Point Term Expires 1998 Wes Coleman PC Member Soldotna city Tenn Expires 1946 Leroy Gannaway PC Member Homer City Term Expires 1998 Ellis Hensley, Jr. PC Member Nikiski Tema Expires 1996 Debra Home PC Member Kasilof Area Term Expires 1997 Tom Knock PC Member A. CALL TO ORDER b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations. Project summary and determination without staff report. Commissioner Excused Absences Doa Gilmm, Mayor Lisa Parker Planning Director Maria Sweppy Admin. Assistant 6. Minutes a. July 24, 1995 D. PUBLIC COMMENT AND PRESENTATIONS (Items other than those appearing on the agenda Limited to 3 minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS F. PUBLIC HEARINGS 1. 1995 Soldotna Comprehensive Plan; Review by Planning Commission and Recommendation to the Assembly 2. A Resolution Approving the Forest Management Sale Report for the Salmo Lake Tract, Wildwood Tract, and Cohoe Tower Tract G. VACATIONS NOT REQUIRING A PUBLIC HEARING 1. Petition to vacate the southerly 300 feet of the northerly 380 feet of the utility easement adjacent to the easterly lot line of Lot 1, Riverwind I Subdivision (Plat 72-48 KRD) within Section 20, Township 5 North, Range 8 West, Seward Meridian, Alaska. Also being within Tract 1-A of proposed Riverwind Subdivision No. 3, which combines the northern portion of Lot 1 with adjacent parcel. KPB File 94-083 H. SPECIAL CONSIDERATIONS I. CONSIDERATION OF PLATS 1. Strawberry Park S/D; Kenai City; Preliminary; Integrity Surveys KPB File 95-108 2. Scout Lake S/D Amie Replat; Scout Lake; Preliminary; Integrity Surveys KPB File 95-119 3. Marion S/D Townsend Addn.; west of Island Lake; Preliminary; Integrity Surveys KPB File 95-120 4. U. S. Survey 4786 Lots 2A-1 & 2A-2; Port Graham; Prelitinary; Karabelnikoff Surveying 2 KPB File 95-118 5. Lofty Estates No. 8; south of Diamond Ridge Road; Preliminary; Ken Branch KPB File 95-108 6. ATS 1234A; Kachemak Bay; Preliminary; Ability Surveys KPB File 95-122 7. Brewer Subdivision Fowler Addn.; Resurrection Lake Road; Preliminary; Eastham KPB File 95-121 J. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None K. OTHER/NEW BUSINESS L. ASSEMBLY COMMENTS M. DIRECTOR'S COMMENTS N. COMMISSIONER COMMENTS O. ADJOURNMENT The next regularly scheduled Planning Commission meeting is August 28, 1995 at 7:30 p.m. in Conference Room B at the Borough Administration Building in Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Homer Advisory Planning Commission July 19, 1995 Minutes 2. Seward Planning Commission July 5, 1995 Minutes 3. Takings Presentation by Tom Boedeker 4. Anchor Point Advisory Planning Commission January 4, 1995 Minutes 5. Anchor Point Advisory Planning Commission 3 February 7, 1995 Minutes 6. Anchor Point Advisory Planning Commission March 7, 1995 Minutes 7. Anchor Point Advisory Planning Commission April 10, 1995 Minutes 8. Anchor Point Advisory Planning Commission May 2, 1995 Minutes 9. Anchor Point Advisory Planning Commission June 6, 1995 Minutes 10. Kenai Planning and Zoning Commission July 26, 1995 Minutes I~ a I w{ ~~ ,, T,. ~' ~ t ~ c "~.. I' `~. ~. }~'' ~ r 'r , Lam-'-: ~ j ' ~ ,~ y - - - -~ .w.- r ~ ---- „- a ~J_v =~Q"n q7~~v'{i° N: _t4 ice[/$j :. I~f{ ~~ - ` TA~ _ 1 r-~ ~~ 3 6 v_~ .Y~ 1 f ~`G~~~ ~- ~ jd ~ i a~ y~~ ~f ~y i t ) ~ ~ a i ~ r -: I q L ~i ~' ,~ I '~ 4Q~ ~ ~ ~ t ! t J r k 4 ~ - - ~ r ~. j ~ , r• r ~ j~ i f ~: .. ~ ~ s: ~ ~ . <: - _ ~c ~~ M __ - I W /{` Z I ., y ~~ ~ ~~ Roll Call -Vote 1,~ Pte. nning & Zoning Meeting Date: ~ r°~ ~~ ~.~~ ~. ~~ ~c~ ~ ~~ ~ la~.s~ ~~ ~h~ . ~ Resolution No. roll-call G~l~c~/ ~~''1~i ~ ,N~ ,l _f ~ G)~ ~~ rJ Cad Glick I y ~/ 1 Phil Bryson / ~/ ~(~I-kin A~b G,if1 /V Teresa Wemer-0uade ~ ~I l V ! ~/ I Karen Mahudn / v ~ `I 1 ~ `r 7 Ron Goecke / / ~ ~ ~ Bill Toppa L ~, Kevin Walker t/' ^ "~ N i /~Gd/J /'l-~ Ya.~',~ fiG~a~i ~'Cia/ jaw-:/ Also Present:~ck La Shot, City Engineer, /~~ e~r~G ~~~~~~ - Resolution No. Cad Glick Phil Bryson Teresa Wemer-0uade Karen Mahudn Ron Goecke Bill Toppa Kevin Walker Notes: