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HomeMy WebLinkAbout1993-06-23 P&Z Packet RENAI PLANNING & ZONING COMMISSION June 23, 1993 - 7:00 P.M. City Hall Council Chambers AGENDA Amended* 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINIITES - May 26, 1993 4. PERSONS PRESENT SCHEDIILED TO BE HEARD 5. PUBLIC HEARINGS a. Res PZ 93-23: Conditional Use Permit - 8-plexes in RS Zone b. Res PZ 93-24: Variance Permit - Minimum lot size for 6-plex 6. PLANNING a. Res PZ 93-25: Preliminary Plat - Evergreen S/D b. Res PZ 93-26: Replat - Thompson Park Lot la, Block 16 c. Res PZ 93-27: Rhodes S/D 7. NEW BUSINESS a. Petition to Vacate - Baily *b. Development Review in Townsite Historic Zone - Forget-Me-Not Senior Daycare Center *c. Development Review in Townsite Historic Zone - Ladd 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) 9. CODE ENFORCEMENT ITEMB a. Quandt Property b. Kenai One Hour Photo - Sign c. Rainbow Bar - Sign d. Don Baker - 1010 Alaska AVenue 10. REPORTS a. City Council b. Borough Planning c. City Administration 11. PERSONS PRESENT NOT SCHEDIILED 12. INFORMATION ITEMS 13. COMMISSION COMMENTS & OIIESTIONS 14. ADJOURNMENT __~ ~~~. RENAI PLANNING & ZONING COMMISSION ~1 A~ 26, 1993 - 7:00 P.M. CITY HALL COUNCIL CHAMBERS Chairman Phil Bryson 1. ROLL CALL• Commissioners present: Duane Bannock, Kevin Walker, Ron Goecke, Lori McComsey, Phil Bryson Absent: Carl Glick (excused) (1 vacancy) Also present: Jack La Shot, City Engineer, and Kathy Viall Administrative Assistant 2. APPROVAL OF AGENDA: MOTION: Goecke MOVED approval of Aqenda. Walker SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES: - May 12, 1993 MOTION: Walker MOVED approval of minutes as presented. Bannock SECONDED. PASSED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. PUBLIC HEARINGS: a. Resolution PZ 93-17: Kcherita Katering Bryson This is a continuation of a public hearing that was initiated at the last regularly scheduled meeting. At this point I would open that public hearing up for public comment. If you testified at the last meeting that testimony is part of this record, if you have additional things to say you are welcome to add these comments. **PUBLIC HEARING - VERBATIM** Myrna Davidson, I believe my husband testified at the last meeting. We were the original subdividers, um, we also built the house that the proposed catering service is going to be at and as he told you before, the house is not a very large house and it's not really adequate for, um, an inn, well or dining facility. Also, along the back of it, I don't know if anyone said anything or not, or you'll notice in your packet where they have indicated there is a second access from the Spur Highway onto this property. I need to let you know that access is not a legal access off the highway and, um, if KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 2 you' 11 go back to the original records when we subdivided it states in there that there shall be no access onto the property that borders the highway other than the approved roads in the subdivision and that is not an approved road. That was originally put in there years ago before it was ever subdivided when my husband, uh, granted a right-of-way to the adjoining property owner and that right-of-way was vacated when we subdivided so you need to know that is not a viable option. Uh, the traffic that we get down through that road, we live at the end of that road, and we get a lot of traffic down that road in the summer time from people looking for the river, even though it says not a through road there. Um, I don't think that this would be real compatible with the area around there, one thing we've got strict covenants on the subdivision and that's the very reason we put them on there to begin with because we did not want this area to erode into a business area. We wanted it strictly for single-family dwellings and, you know, that's what we'd like to keep it as and let you know that we strongly object to any other use of that property. Bryson does anyone have any questions for Ms. Davidson. Is there anyone else that would like to speak on this item? Sherman Jones I live at 520 Robin Drive, I live on the adjacent property, right next to it, lots 14 and 15. Uh, uh, on this access road there they're talking about, that access road is actually on another mans property it shouldn't even be on this map. The state gives very clear where it's at back on my property and uh, also the, where they plan on putting the uh, parking lot in the front where it's over the water well that infringes over my property there also. And uh, I went over and talked to Bob at the Dept. of Environmental Conservation and there has not been anyone there to ask about any DEC approve or have filed a contingency plan and without that they can't even open it, it has to be approved before they can even ask for a permit from the commission. Uh, and it says the operator Section 18 AAC 31.210 "The operator of an establishment shall dispose of sewage and liquid waste into a public sewer or a sewage disposal system built and operated in accordance with 18 AAC 72," which is commercial. Uh, that is not in this book or I would read it, to you, but uh, before anyone can, I would think ask for a permit they would have to make sure that it could be approved by DEC. You have to have approved plans and specifications and that you are not allowed to do anything without those, (inaudible) approval from the regional supervisor or the designed, which would inspect it. I ask that this commission turn it down on that basic fact alone. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 3 Uh, and also, that you don't break the covenants of our subdivision, maybe think about how you would feel if someone wanted to start something like that in your subdivision, or by your residence. Also the very next day after the May 12th meeting, I was working out in the shop and there was a little 1? year old girl walking up the street all by herself headed for the highway, it could happen again, but I picked her up and took her home, her mother happened to be asleep so I'm just glad I'm there, that kind of thing does happen in our neighborhood, not very often but it could possibly happen again. We certainly wouldn't want that kind of traffic coming in there and as I spoke last time they will be serving alcohol and they will be impaired. That's another reason I ask the commission not to pass this. That's all. Bryson Any questions? Thank you. Is there anyone else that would like to testify on this resolution? Tom Rhyner I live at 505 Robin Drive. Because we do have covenants, I think it would be real important anyway for you, if you're seriously considering granting this to check with the City Attorney at least and see what the City's responsibility is to abide by covenants that subdivisions have inside the city. The fact that Jim and Myrna both came and told you the reasons the covenants were put in was to make sure that businesses didn't move into the neighborhood and I'm sure that's the intent of single family dwellings only, doesn't mean a house that you run a business out of, it means a house that you live in, period. And, uh, since that's the intent and they told you the intent, I think it would be real important at least to make sure that the City Attorney would feel that, if you were to grant this, that it wouldn't be placing the city in a (inaudible) position. That's all I have. Bryson Thank you, is there anyone else that would like to speak. Hearing and seeing none we will come back to the commission for action. Wishes of the commission. **END VERBATIM** Goecke I would like to ask Jack if there has been anything more that he has heard? La Shot No. Bryson If there's a motion to be made I think it might be (inaudible). KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 4 MOTION: Bannock MOVED of Resolution PZ 93-18. Walker SECONDED. Bryson Discussion on motion. Bannock Mr. Chairman this past week I have been going over some of this and my thoughts on this particular issue are, it really looks to me that in this weeks packet we don't have as much information as we did last week, but it really looks to me like there is two separate requests here. With permission of the commission, I would like to address both of those requests individually. Request no. 1 being the catering, request no. 2 being the reservation only fine dining. Perhaps I would like to make a motion that we could address those each as separate issues. Bryson If you wish to address those separately I would, you want to segregate the issues. Walker I would like to offer an amendment to the motion that we have before us on the table I think we can probably do that, rather than split the question. I don't think we can split the questions legally. At this time the. amendment I would like to offer would be to delete the fine dining portion of the business as requested on the permit, that would leave only the catering portion on this permit. Goecke Second. Bryson Discussion on the amendment. My comments are there's been a request specific for catering and fine dining, as far as the conditional use permit I don't know that we have leeway where we can delete one from consideration. Might (inaudible) one of them, but as far as delete from the application I don't think so. If we had someone to rule on that I would feel more comfortable, but that's my opinion. Walker I fully realize that they may very well desire only the permit as stated and if they were represented here they could answer that specific question, I do not see a representative here so I chose to enter that. We can vote it up or vote it down, I don't think it would be appropriate to split the question in one way or another so we can vote this up or down as this group chooses. If they decide that they don't want that type of permit that would be certainly their option. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 5 Bryson Further discussion. Vote on the amendment. AMENDED MOTION AND VOTE: Walker moved to not split the motion, Goecke seconded. Vote: Bannock - yes, Bryson - no, Goecke - no, McComsey - no, Walker - no. Bryson Motion fails due to lack of quorum. We have the main motion before us right now, at this point represented by the original Resolution. I guess addressing the general concerns expressed during testimony, I guess I am quite uncomfortable approving a use that flies in the face of the intent of covenants, even though they're not highly specific on what uses, they do somewhat infer that business issues are not one of the things they intended there. I don't necessarily feel that the DEC situation is an issue because I think that is something before they operate they will have to conform to the permits for a class c well and a sewage system capable of serving the area and I believe they would have to get a waiver from the conditions to fit on the lot any way. They have their chores set out for them. At this point I stand opposed. Bannock I feel in a box about this because, as a conditional use permit perhaps we can get out of it. I don't have a problem with the catering part of it for a couple different reasons. Like you I'll not really weigh the DEC because that's a problem between the applicant and the state, it's not something the City of Kenai is really involved with. In regards to the question of covenants, I did specifically ask that question last week and to see if the City of Kenai has a responsibility to uphold covenants. As reflected in the minutes, the city does not. I do think however, the code can cover for that where it says "such uses must be in harmony with the intent of the zone." I find it, I think that the catering portion could fit in there, not that much more different than the previous business that was going on in there. I know that there is a covenant here that says there will be no commercial business going on here, but a commercial business is a commercial business and there was a commercial business operating out of this particular spot before. I don't see that the catering business, I wish Mr. Morrison were here so I could be a little more specific on it, my views of the catering and my idea of what would go on in the catering portion of it would be that the food would be assembled, packed, and arranged then carried to someones party. That is what I see as the catering business. Not people coming to the house to eat, not people coming to the house for dining, but rather the trays and that effect. So, as a conditional use permit, I really think that we have the ability to offer that to the Morrison's I'm just not sure of the right language to put it into a positive and if we have to vote on exactly what is requested or not. If we have KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 6 to vote on the whole thing or nothing then I'll have a no vote. I'd like to figure out a way that we could get the catering part in there because I would be willing to offer a positive vote on that. Bryson Other discussion? I personally don't feel a separation of the issue is the problem, Kevin thinks it is and I stand corrected if I am wrong. As long as both issues are at rest per the original application, I would think it would be reasonable to, if it was interpreted as a motion made originally then there was no seconds. Bannock Would then a motion be appropriate that said something like approving the catering business and denying the fine dining business? Bryson I would say that flies in the intent of the original motion. An amendment cannot change the intent of the original motion. If they were taken as separate issues for approval I would think that they would be concurring. Goecke Mr. Chairman, would it be appropriate to make a motion addressing only recommending approval of catering, and then making a motion for, that's kind of what we just talked about. I'm trying to figure a way to.... Bryson We have a motion before us to approve the resolution the way it was written. It needs to be, is they need to be split apart so they can be voted on separately, if that's the intent of the commission. Goecke In other words, what we need to do now is to remove from the floor the original motion and second? Bryson No, all you have to do is request a segregation of the question. MOTION AND VOTE: Goecke made a MOTION to move to have a separation of these two items. Bannock Second. Bryson Discussion on approval of the catering. Walker I call for a question on that one. Bryson Any further discussion. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 7 Vote: Bannock - yes, Bryson - no, Goecke - yes, McComsey -no, Walker - yes. Bryson Motion fails due to lack of quorum. MOTION AND VOTE: Bryson The second issue is the fine dining proposal. Discussion... No discussion, call for vote. Vote: Bannock - no, Bryson - no, Goecke - no, McComsey -no, Walker - no. Bryson The second half of the motion failed. For the information of the applicant, they have I believe 30 days to appeal this decision. If the applicant wishes to appeal this decision they can contact the City Administration to find out the appropriate procedure. Chairman Bryson requested a five minute recess. b. Resolution PZ 93-20: Evergreen Re-Zone Bryson Staff report please. La Shot I mentioned to you at the last meeting that the City is in the beginning stages of possibly doing a project in the area north of the Spur Highway and west of Forest Drive. It's proposed that this project pave all the gravel streets in that area. The project was initiated by residents in that area by a petition to form an assessment district whereby the adjoining property owners would pay 25% and the city would pay 75% of the improvements. In the process of the administration looking at the possibilities of this project we decided to consider subdividing some city lands bordering Evergreen Street. At this time we have water and sewer lines in that street, it would be a simple matter to stub out service lines to potential lots before the paving takes place. Also by selling the lots the city would be able to recoup some of the 75% that the general fund would be paying for on this project. In order to do this we have to rezone from the present rural residential zone to a suburban residential zone. All of this may be moot, depending on what council decides to do with the project. The portion that's RR now is bounded by the Spur, Evergreen and Redoubt, with exception of one square there. Normally it's been fairly routine to rezone a RR to RS when water and sewer is present. The minimum lot size then can go down because you don't have to accommodate water and sewer systems. The adjacent zone is also RS. Any questions? KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 8 Bryson Any questions at this time? At this point I would like to open this resolution to the public for comment, is there anyone that would like to speak? **PUBLIC HEARING - VERBATIM** Nancy Gourley I live at 1802 4th Avenue which is evidently further than 300' away because I didn't get notice of this. I am, realizing the reasoning behind the rezoning, in order, because the city does own that piece of property there, they want to go ahead and put in the stubs before the pavement's laid down in order to save costs later so they don't have to tear the pavement up and redo it. I can understand that with the exception that the pavement we're talking about is strip paving. We're not talking about any sidewalks, gutters, nothing like this. I don't imagine it's going to be too long a period of time before, well actually, hopefully, it would go through and be done properly the first time. But, to rezone this, I'm majorly opposed to rezoning, I' 11 fight it tooth and nail all the way, I don't want it rezoned just so the city can recoup their cost. I think they can probably do that eventually when they sell the property. Uh, the value of that piece of property there is not going to down um, even if it remains vacant. I think that property will continue to grow, the value. Now what's going to happen to our area in the event that it is rezoned? There's a possibility of six-plexes going in there. (inaudible) six-plexes. I, no, is my answer. Primarily because already we have an enormous amount of traffic on the road. We have a nice subdivision back in that area now, most of the people in the area take pride and ownership in their properties and I think that if you begin putting six-plexes in there, unless you have an opportunity to buy and take some pride in ownership, um, I think the value of my property is going to go down due to the enormous amount of people that would be there, the traffic, I think it's going to take away from my home and area. The only thing that I would, be suitable is, to have that remain single family residential up to duplex, if indeed you are going to even consider changing that to suburban, I think it ought to be done with some type of stipulation that these lot lines do not change, that they remain the same in order to be able to effectively (prevent) six- plexes from going up because I do object to having that rezoned. RS would have the opportunity, a builder would have to put in six- plexes. Bryson Are there any questions for Ms. Gourley? Is there anyone else that would like to 4comment? KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 9 Roqer Murphy I live at 1806 4th Avenue. Uh, my question is, evidently the gentleman over there, they already have a project in mind for that area to rezone it. Uh, he stipulated that by June 2, or so, at the meeting there they would, whatever the council's answer would be would give them the go ahead. I would like to know what that project is, as to what buildings they are going to put in. La Shot Uh, I am talking about the assessment district project to pave the streets in that area. Murphy So you're saying that right now all you're interested in is putting the stub outs in and probably the streets that are going to be adjacent to Evergreen will (inaudible) is that basically what you're saying? La Shot Yes. Um, Murphy What's the long time purpose of rezoning to RS? La Shot It would allow the city the develop the lots smaller than 40,000 sq. ft. that the zoning presently allows and it would actually rezone it to a comparable zone where the project is now, that is all RS. Murphy Okay, in doing so, keeping the lots smaller I am with the present speaker, Nancy, that uh, it would allow the purchase of that land which would give the revenue back to the city of course but then, um, in the long term, we're looking at the area there, we already have a few duplexes in the area which the biggest is a four-plex in our immediate area there and uh, uh, I think any thing larger is going to start degrading our land in the area getting so many duplexes and such, four-plexes and such in the area and six- plexes in the area I would like to see it stay down to RR area where, then our property value stays up then the city then with larger pieces being sold off makes a better looking community in the long run and we don't get so crowded. That would be my objection to it, to let them get the pieces in smaller chunks and it starts getting packed up and real crowded. Bryson Thank you, are there any questions? Thank you for your testimony. Other persons that would like to testify. Marlena Murphy I live at 1806 and I would like it to be known that I did not receive, get a notification of this meeting or this rezoning at all and I live immediately across the street from this project. Um, I am really concerned about the value of our property going down, we get, uh, low cost housing in there and it can't do anything but go down, we're all concerned about that I can speak KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 10 for everyone here on that. Um, I just don't approve of the six- plex. If the city could put in a covenants that the uh, they made smaller lots, maybe duplexes in there, that ownership would be pride in owning it and keep the quality of the neighborhood up. We have some pretty nice places in there and as we said before we would like to keep it that way. We've already established a nice neighborhood there and if you want to put in a low cost housing somewhere put it in where a neighborhood isn't already developed and it would not degrade the value of that neighborhood. Um, um, and if it's the selling of the property to be able to get us a black top road in there, as much as I hate that dust around there, I would rather keep the dust than have low cost housing in there. And I am really set against dust, not only would, it would just make a less quality neighborhood around there and that cheapens the quality of the city and we have enough of that around already. That's all that I have to say. Bryson Thank you, any questions? Thank you Ms. Murphy. Other persons that would like to comment. Kimberly Jackinski I live at 1803 4th Avenue. I agree with Marlena as far as the rezoning goes, I would prefer that it not be rezoned. If the city finds that they do have to rezone it in order to recoup costs, some of their costs in the paving, I would like to see restrictions on the land that nothing above a duplex be built, that way our neighborhood can stay the way it is. My fear is that if they don't do that and six-plexes become an option, that low income housing will move in. The biggest problems that we have now in that area are from larger four-plexes, um, at the end of Evergreen Street, um, adjacent to 4th, that is all single-family homes that are built in there. Um, it may be zoned for larger but that's not what was built there and is now established as single family residences and that is what is in there and that's the way we would like to see it stay. Bryson Any questions? Thank you.. Other persons that would like to testify please. Dawn Barnett I live at 1804 4th Avenue and I agree with everything that's going on here in the neighborhood we've all gotten pretty close because of this rezoning thing, you decided to do and most of us are very well established. We've all been in our homes at least ten years, at least, and we all know each other and we all take pride in where we live. But when you're going to start throwing extra things at us, we're not ready for this yet. Whether it be black top or not, and I hate gravel also and like I say, I've lived in my house for ten years and I've put up with gravel and I have put up with everybody else getting paving but I would much rather have the gravel than to have six-plexes, four-plexes, dozens of KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 11 kids that we already have around there, adding up to the traffic that we will be getting in there, um, I am just not happy with it. Thank you. Bryson Just for the record, when you stated that you agree with everything, you agree with the previous testifiers... Barnett I agree with what they're bringing up right now. Bryson Other comments from the public. David Hales I live on 404 Evergreen Street, Kenai, and these are my neighbors here tonight. I simply feel the same way that they do. We would all like see to see the neighborhood paved and get rid of the dust but when we moved into our house, and they're all single-family dwellings, uh, they were pretty much, all in our area have remained single-family homes with the exception of a few duplexes and a couple of four-plexes. What we're all afraid is going to happen is we're going to see, in the long run ten years down the road, homes for abandoned vehicles right on our main street, another home for junk yard (inaudible), another Larry's Club type of establishment across on the other side. Low income housing up and down one side of the street, more cars, traffic, itinerant fishing people, we'll watch our property values go down. Some developer can come in and develop this, make his money, and get out of town, subsequently leaving it all in the hands of the City of Kenai, who in the long run will have to take care of it. We're not against building in the area, I'm not at least, it's just that I want to see a nice quality of neighborhood. Everybody wants to live in a nice neighborhood. Everybody wants their property value to increase, so do I. I used to live in Anchorage on Spenard. I don't think we need a Spenard type development there. Unless it's rezoned and there are covenants regulating development to this property to the extent it's kept at single-family dwellings or duplex only, and a builder couldn't come in and buy an entire block of lots, get it resurveyed, (inaudible) lot lines and (inaudible). So if the city wants to (inaudible) otherwise I don't see a problem with a rezone. Bryson Anyone else with comments, last call. Jay Ship From 313 Haller and uh, I would like to concur with the previous testimony, and the only thing I would like to say is if we have to have an expansion and change this zoning the density should be limited to no more than, is it R2 for duplexes? Bryson For suburban residential zoning there's three classes, one of the three is restricted to duplex but that's not the one that's been proposed. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 12 Ship So, could you define to us what this zoning is, uh, what they're changing. La Shot Actually the zone that we're proposing is exactly like the zone you're living in. At this time, the entire area there is suburban residential, and that zone does allow up to six-family dwellings if you have a 12, 000 sq. ft. lot. We don't feel this rezone would be detrimental to the area or we had no real thoughts of multi-family uses, but, to create lots that were reasonable size for development and actually, we're thinking to be marketed now, what people are asking for are single- or seem to be single-family lots. (Inaudible) unless there were special restrictions on the sale of the property and it was rezoned to RS exactly like the land there in that area. Ship So you're saying in our area right now there could be possibly up to six or eight-plexes put in here? La Shot Six. Ship Again, I concur with my neighbors. Bryson Are there any questions? like to testify? Is there anyone else that would Gourley Can I speak again? Bryson Are there any objections to a second testimony? Ms. Gourley. Gourley What troubles me here is, I heard it said a couple of times, the zoning is what you have. The proposed change is the zoning that you have. That may be the zoning that we have but there are very few lots to develop on. It may be the zoning that we have but there isn't room to be able to do this, um, I just wanted to make that clear to the members here that aren't in the area, don't know the area, that the area is developed, there is very few lots, the lots that are undeveloped are very tied up, the owners are uninterested in selling and evidently are holding onto them themselves in order to deal, I would imagine later. So I just want to make it clear that there isn't very much area back there to develop and um, what is there is fairly tied up and will remain tied up. Walker I have a question. Have you by chance, in your last comment you said that that area is very tied up, very developed, um, I too as you are well aware, live in that area and I find many, many, many lots available, lots for sale and for that matter, Larry's Club's there, the Spur Motel, there is eight apartment KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 13 buildings I can think of right off the top of my heads just going around the various corners in about a four block region. And a lot of four-plexes and duplexes like that, still, like my back lot, Irene Anderson's property across from me, and a lot of properties there, there's a lot of property to be developed so I understand your desire for the duplex maximum, but I have to take exception as to whether or not there is very much property there to be developed, there is a lot of property there... Gourley In what area do you speak, off of Evergreen or... Walker No, I'm talking about a four block radius. Gourly So you're talking all the way up basically to Forest Drive, so you're talking Eadies and all those back into, towards Sears. Walker There's a lot of property available all in through there. And it's all in the same zone and it's basically the same neighborhood, uh, and the same kind of, type of atmosphere, basically, small children, young families, things like that, and I definitely don't disagree with you on the amount of development that you're requesting. My one disagreement would be that if, I believe if we're going to have stripping and strip paving put in, then it's time to put in the stub outs now. Gourley I can see the city doing that but I can't see uh, doing that against the homeowners in the area. And I can see the city wanting to recover the cost of that so they keep it separate. Sell it as a package deal, ok we're going to sell you this but, however you have to pay this assessment we did for the road and you also need to pay for the stubout. Charge them, it's in the city's hands, it is a nice piece of property, I think you should get a fair, a little chunk of change for it and if you really wanted to rezone it and the city really wanted to make some money for it, maybe what they ought to do is rezone it commercial. It'd be a good commercial location. I mean it extends the city just a little farther out. How about sticking in a park, you know for the many children that are already in the area, push the city out just a little bit. Bryson Okay, we're in public hearing and we've probably gotten a little too informal here, uh, are you done with your comments. Bannock From what I seem to be picking out from the conversations here, what I'm looking at when I drove down this street, I found it a little bit odd, personally, that there were two different zones on one side of the street I don't see that the street is that big of a divider (inaudible) but let me ask you a personal question, if those lots were just like your lot, what would you like to see KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 14 there? Gourley Single-family homes. Bannock In relation to your home, bigger, smaller, taller, deeper, more duplex, triplex, you know, what... Gourley Single-family home. Uh, comparable size, large would be okay. Bannock How about smaller, would smaller be okay? Gourley Smaller would be okay. I don't see a problem with a single-family home being smaller, on the lot, um, I think what's important here is ownership, pride in ownership. You know, that's what keeps it up. Bannock Do you think it should be a different zone than the zone that you're in, do you live off, what was your address again? Gourley On Haller Street, just off Evergreen. Bannock Okay, so right across the street, should that be a different zone than the zone you're living in? Gourley At this point, yes I think it should be, in order to be able to, um, to be able to have the flexibility to keep six-plexes out. Because with the zoning the way it is, am I correct in assuming that the way the proposed change would allow six possibly eight-plexes to go in there? How large can you go? La Shot Up to six-plea. Bannock And a six-plex would be okay on your side of the street, I mean right now that could happen. Gourley Except (inaudible)..... Bryson I'd like to keep this a public hearing and she has the floor. Gourley There is not in the area that these families are the people that are here to testify, there is not, contrary to what Mr. Walker says, there is not the area in order to put up a six-plex. Now the area that he's talking about is further away from us, we're talking another 2 - 3 blocks and I imagine that if we got wind in the sails that a six-plea was going in down there, that you would see us again in here or somewhere, whoever, in order to be able to stop that because of the amount of duplexes, four-plexes that we KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 15 have back there now. Behind me on Haller Street we have three duplexes and a tri-plex. We have nine families in an area that if it was divided for residential single-family homes there would be f our, so there' s an enormous amount of traffic, enormous , with very little regard to traffic signs, condition of the streets is very, usually very poor, in the winter time, you know, if this is what we have to do to get paving, keep the gravel. Bryson Any further questions for Nancy? Thank you. Anyone else that would like to comment? We would like to bring it back from public hearing back to the commission. **END OF VERBATIM** Walker I have a question for Jack first. Jack is there a provision in our zoning code that would allow us to zone that, and what is that designation. La Shot We could go with an RS-1. Walker And that would limit us to... La Shot Single-family, duplex. It's similar to the -zone across from the high school. Walker I have property there and they're very happy with that zone. La Shot Except an RS-1 would allow us to go down to 12,500 sq. ft. lots that we're thinking, that would make a decent size lot. Bryson The intent of that RS zone originally was to overlay districts like Woodland if they ever wanted to protect themselves other than with covenants. Walker I haven't heard anybody tonight really speak against the zoning change, they don't want multiple family housing, I don't blame them, that area will get crowded. I have talked with a number of these people prior to this meeting and I haven't heard of anybody other than, if we could get the speed of the traffic in that area under control that would help too, but that's another matter entirely. I don't think that anybody here is against developing that strip that we're addressing tonight, as long as it's developed more in keeping with the RS-1 rather than the six- plex thing. I just wanted to point out that there's a lot of multiple housing there and there's problems with it. I think the whole neighborhood wants the closer zone. Personally I am in favor of that . KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 16 Bryson I'm not sure what leeway we have because it's been advertised as a zoning to RS whether we could reasonably modify this to R5-1. I suppose we could try it and see what happens. Bannock Jack, from the city's position in wanting it to be RS, what would that do if we went to RS-1, an RS-1 would limit out more than duplexes, what would that do to the city's project. La Shot I don't think it would hurt a thing. Bryson It appears as though, the statement was made that you were going to make available 15 lots, if you split seven per block, about 86 or 87' width on the lots and it's over 12,000'... La Shot We set the dimensions to provide a good size, single- family residential lot, similar to Inlet Woods. Bryson Your intent for hook-ups was for residential hook-ups. La Shot Yes. Bryson We still don't have a motion before us. MOTION AND VOTE: Bannock Made MOTION to approve the proposed zone change to the City of Renai from Rural Residential to Suburban Residential - Resolution 93-20. Walker Seconded. Bryson Discussion. Bannock Could we AMEND that MOTION to make the new proposed zone be RS-1. Walker Second. Bryson Discussion on the amendment. Bannock Is there anyone that would speak against that, specifically. Bryson Hearing and seeing none.. Jay Ship Could you define RS-1. La Shot In our development table RS-1 would allow 12,500 sq. ft. lots if water and sewer is available. It would not allow multi- family housing except for duplexes. Ship If the water and sewer were available... KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 17 La Shot And it would be available. Ship It would. Walker Jack, what size would be allowed if water and sewer were not available. La Shot 20,000 sq. ft. Walker Water and sewer would only be available only after the improvements were complete. Barnette If there was a possibility of someone deciding that they didn't want the water and sewer, are we guaranteed that they have to have it anyhow? We've all been stipulated in our area that we can't have wells, we can't have septic tanks, okay, because we're in the city, now if somebody over there decided I'm going to buy 20,000 sq. ft. of property and I'm going to do without the water and the sewer, can they do that? La Shot No. We'll be selling them as individual lots. We will provide water and sewer stub outs to the lots. We also have an ordinance that says that if they are within 200 feet of water or sewer they have to hook up. Barnett Thank you, that's what I wanted to hear. Bryson Jack, do you have any opinion as to whether we should continue the public hearing to the next session for modifying the requested zoning. The general category is the same, although it is different. La Shot Our land sale, proposed land sale, it shouldn't hurt to push it back. If it's continued and it doesn't pass this meeting it might have some bearing on the council's decision on this project. June 2, should the council say go with the project, we'll start spending money. Bryson I live on a government lot on the other side of the gulley. This has always been a district I wish, I wouldn't mind be incorporated in, of course it takes more effort to do than not to do because one body owns this property it's easy to do. It wouldn't be so easy if you found people have diversified opinions on it. Barnett By the sounds of it you already have a buyer for this land. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 18 La Shot No, we're just preparing it for a public sale. By our ordinances it has to be a public sealed bid auction. Barnett Okay. So on this June 2, meeting are we just deciding on the paving? La Shot Yes. Bryson Considering the appropriate time to put in water and sewer, I feel this very definitely the time to put in water and sewer services, regardless of which zoning is utilized. Is there any objection to continuing this public hearing to the next meeting. Walker Before stating any objection or non-objection I would like to hear from administration on the necessity of the change, I don't want to get in the way of the council. Personally I feel if we can handle it this evening fine, if not, I have no objection to continuing if it's necessary. Bryson Further discussions on the amendment. Call for question on the amendment which, being to amend the original motion substituting RS-1 for classification RS. Vote: Bannock - yes, Bryson - yes, Goecke - yes, McComsey - yes, Walker - yes. MOTION PASSED. Bryson Further discussion on the main motion, no requests, call for question. Vote: Bannock - yes, Bryson - yes, Goecke - yes, McComsey - yes, Walker - yes. MOTION PASSED. 6. PLANNING a. Proposed City Land Sale Bryson The next issue has already been discussed at length. Jack do you have anything further? La Shot We pretty well covered it. We're simply running it by to see what you think, if any of these parcels should be retained for any reason. Bryson Comments? KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 19 Goecke I concur with what the city's planning to do, get some of this property out of city hands. At this point in time we could get some housing going, get some energy as far as residents are concerned moving in this direction, I think we'll all be better off. The more building that you have in an area it seems like you get a good push from the whole area. I think that's what the city needs. Bryson There is pressure for small lots on water and sewer. Builders have been looking for these. Walker This property, as noted, is good level property, reasonable water table, adjacent to road, easy to develop, I can't think of a better spot in town because of access and water and sewer are easy to stub out. Do we have to take any action on this? Bryson No, I think this is more of an informational item. La Shot Unless you find or recommend another purpose for this land. Bryson Is this in conformance with the land use plan? La Shot Yes. Bryson I am glad to see an area upgraded to this zoning level because that's the first time it's been used. The other area was R1. I think RS-1 has a good purpose, it just hasn't been utilized. La Shot It seems like there's been a scurry of people inquiring about lots. Several builders are looking at Inlet Woods but of course they're tied up. Bryson Any other comments? On to the next issue. b. Coastal Management Program Consistency Reviews Residential Floating Dock: Beaver Creek 13 - Bailey Bryson Any comments? Bannock Is this draft from the City Administration or Borough Planning. Bryson Kenai Peninsula Borough. Bannock What kind of action are we looking for on this? Are we looking for an approval or what? KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 20 Bryson This came before the Borough Planning Commission last Monday. Mr. Bailey had requested to speak on the issue. His intent was to respond to any questions that were asked. His comments were accepted by the Planning Commission and the project was recommended for approval so at this point the city could comment on this, the comment period is only open until today, I guess. Doesn't give any time. There was a concern on the Borough review staff on the type ax (?), but the planning commission did not have a concern. MOTION AND VOTE: Bannock made a MOTION of non-objection to approval. Walker SECOND. Passed by Unanimous Concent. 7. NEW BUSINESS None 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) Bryson Has he been contacted? I would expect. him back in town soon. 9. CODE ENFORCEMENT a. Quandt Property Bryson There's no update in this issue? La Shot I haven't looked in the past few days. The state was giving them until June 1 to try for a CUP or remedy the situation. Bryson It looks like they're being moved around a little. Any further comment? No City Council or Planning Commission report. The one issue that concerned the commission was the Beaver Creek Floating Dock, it was recommended to be approved. The other item that drew a lot more comments was a complicated platting issue further up the Kenai River, Sterling area, granting a permanent easement to a property owner. City Administration, any comments. 11. PERSONS NOT SCHEDULED None KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 21 12. INFORMATION ITEMS None 13. COMMISSION COMMENTS & QUESTIONS La Shot I think our new building inspector will be here in a couple of days, several capital projects we're bidding and getting ready to bid the Evergreen area paving if Council approves. McComsey Over on Walker Lane and Lawton there has been a garage sale going for the last month. Has anyone else complained about that? La Shot I'll add that to my list. I don't think they're supposed to go for more than a few days. I'll check it out. Walker Jack, Councilman Smalley's not here, could you provide any information regarding the Courthouse building. What is it's supposed to be completion date? La Shot July 15 or August 1. At this point it looks like it's going to be later. Walker Any more on the piles of dirt? La Shot I don't know, I'm not as close to the project as Keith is. Bryson Have you looked into testing it since it's been aerated? La Shot I think there'll be less contamination now than at first. Bryson Commission questions. Goecke I heard today that Clint Hall has bought 50 or so of the lots in Inlet Woods, yesterday. La Shot I don't know if that's true or not. Goecke The city does not have all of those lots tied up because there is still payments coming due and when the payment comes due they attach them a few more lots. They've not ever gotten to that point. Right now the city is talking about this settlement thing, basically letting them off the hook for a high dollar number. La Shot I haven't heard that Clint was trying to get in there. He has come to the city several times asking if there was a way to do such a thing, but I haven't heard that he actually pulled something off. If he did it's with the McLanes. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Meeting Page 22 Bryson The title to those are solidly clouded and it all the legal parties will know at the time if there is a sale. La Shot The deal we read about in the paper whereby McLanes are offering a certain amount and using personal property as collateral maybe a future deal will allow them to be sold. There are a few lots there that are privately owned. Walker Doesn't the city outright own a few lots in that area and didn't we have a sale concerning some of those. La Shot There was about eight of them. 14. ADJOURNMENT There being no further business the meeting was adjourned at approximately 8:45 p.m. Respectfully submitted ~~~ ~j~~ Kathy Viall for Loretta Harvey Administrative Assistant o:. STAFF REPORT TOt P & Z Commission PREPARED HY: >~La Shot/Harvey DATE: June! 9, 1993 'RES: PZ9'3-23 APPLICANT: Dana Hannah Footer HOUSe Moving 7010 old Seward Highway Anchorage, Alaska 99518 Requested Action' Conditional Use Permits - eight-plexes in RS Zone Legal`Descrption_ Lots 6-8 & 10-12, Block 14, and Lots 4-6 Block 15, Carl F. Ahlstrom Staff'Action Sent 25 Public Hearing Notices Advertised in Clarion 6/16 & 21 16 Notices returned by packet deadline Present Zoning Suburban Residential (RS) Current Land Use Medium Density Residential ANALYSIS: According to the Land Use Table Seven or more Family Dwellings are allowed in the RS zone by Conditional Use Permit3 (Footnotes attached). The applicant wishes to move the salvaged apartment buildings from Wildwood to the referenced lots, repair and remodel them and use them as condominiums. The code does not address condos specifically, however, we have always treated them as multi- family dwellings. The lots will be replatted if a CUP is obtained. PIIBLIC COMMENT: There have been three responses to the public hearing notices. Two requests were for more information. One expressed concern and mentioned that one of the lots had been designated as a park and wondered why a park has never been developed. Staff researched this and found that lots 15 & 16 had been dedicated as a park when the original subdivision was developed. The park designation was vacated according to a plat which was ~ filed on 7-17-'78 (attached). RECOMMENDATIONS: Recommend approval (attached) are met. ATTACHMENTS: 1. 2. 3. 4. if conditions of Conditional Use Resolution PZ 93-23 Conditional Use Site Location Plot Plan Permit Application Permit3 (1) Allowed as a secondary use except on the ground floor of the part of the building fronting on collector stnxxs and major highways. (2) One single-family resideacx per parcel, which is part of the main building. (3) Allowed as a conditional use, subject to satisfying the following conditions: (a) The usable aria per dwelling unit shall be the same as that required for dwelling units is the 1tS zone; (b) The site square footage in area must be approved by the Commission; (c) Yards around the site, off-street padung, ami other development requirements shall be the same as for principal uses in the RR zone; (d) Water and sewer facilities shall meet the requirements of all applicable health regulations; (e) The proposed dwelling group will constitute a residmtial area of sustained_ desirability and stability; will be in harn;~ ay with the- character. of the surrounding neighborhood, and will not adversely affect surrounding property values; (f) The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; (g) There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; (h) The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designted; (i) The property adjacart to the proposed dwelling group will not be adversely affected. (4) See "Townhouses" section. (5) See "Mobile Homes" section. (~ Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. ('n See "Planned Unit Residential Development" section. (8) Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. (9) regulations are met. Allowed as a conditional use, provided that all applicable safety and fire S46-11/13/8'1 14-65 CITY OF I~tAL. STREET ADDRESSES Lor 16, BI9CR 16 2780 Illiomno Roof NW Lor 9, BIoeY i5 2873 Wil6rrpp6 E^ten6ed ~~ i ~ - / " i ._ ~ ,\ ,\ ~ _ . _ i - , ~~ ~Q„ ~~ i /, / Q 2 ~-- vl p -- -- .~ ~ ~1 4.~ ~ ~ nor ' ~ 16 ~~ ~ ` ~- - - - - - *~. i 1,770 s.f ~ 4a'„di / -~ .T (- ~ _ ~ \ \ r-- ----~ ~ I .. __ ~_ \ __ _~._ -~ - - __ __ _ _i i - L-. - \ - ~. __ - ~ PLAT A ppROVAL - ~ kas are svger r- - _5 _'a .roecx oreng ci. .:etl~cr»ed RlWs -++ ~usteweter l~spcso+ $vsre^+~ -~~•, comply w,/~ PrrsLn aw ,. All of the lots in !his subdivision ore suoieci ro ~ssessmenr for improvements regwrea t~ ortlir,.cnce of the City of Kenar when installed Cy the Gty of Kend+. The purpose of this plat is to provide a record of the vacdfi. the parks within Block 15 and Block 16 as approved dt public hearing, June 6, 1977, by the Kenai Peninsula Borough Pldt Committee. No afokes or monuments have Deen set nor wos ar field survey mode. The bearings end distances shown hereon . are from datum of record. ,. _ ; mot. ,~ , -, '.. ~:^g teen •7p; r„vea _/ me KMOI Pennse,+a Borough, 'r,/l.j :. '".T.SffJn ^,5 ~eC O/OwQ •n Iris OtfK/0/ 9n R/I!S' Jr the /x/7~ ,. . -- --- QL-_.._-- s rerecy ^: w+e4getl ., tl OG[!pfltl :a rr:r tiff Cldl Dbr. >tlGleC- /O OnV Jnd o!! -mnons tlrrd reglrtreRMM6 Of OrprnaMb-Ond- IOIY oPeertaininq -' '^9retp. _ KFNAI LA 80Rpt1Gy BY-. SCALE _ =- -- zco .co I ' ,,m __m 3Cm apm Sam c,m ',m , merer= %=9?6333 ~ 5 ,crvey leer / ~ U5 acre-=04aa7r CARL F. AHLSTROM SUBDIVI. VACATION OF PARK IN BLC Ig~ bf 16` DESCRIPTION: Vocatkxr of Pbrks » Blocks 15 and K Ahlstrotn Subdivision, plat K-216; K.R.Q, and witlYn portion of the SWV4, Section 26, T6N, R12W, S. and h the City of Kenai OWNER: Wi1HOm A. Ouandt P. O Bout 91 T Keray AK 99611 P. O. Box 476 Soldofrw,Ai• G. S. Best Geologist, Registered Land Surveyor Date Surveyed Scale Bk. No. ' Apr11 . 1978 le s pQ'. ,1'OrMlre 9r' K6 T Ser14Ce)~P.O. Bpr lp03+SO/eeele.4199669261-3216 KENAI PENINSULA BOROUGii MEETING OF TIIE PLAT COMMITTEE - JUNE 06, 1977 - 7:30 P.;,1. BOROUGii ADh1INISTRATION BUILDING - SOLDOTNA M I N U T E S AGENDA ITEM A: Call to Order Chairman Dimmick called to meeting to order at 8:15 p.m. with the following in attendance. Commissioners• hlarilyn.Dimmick - Chairman Betty Glick - Kenai Jim Jacobs - Homer Dave Keating - Soldotna Others: Sue Arbelovsky - Planning Staff Robbie Harris Ike Waits - Planning Staff Phil Waring - Senior Planner - Planning Director Jerry Anderson Steve Anderson Sam Best Bob Dorsh Craig Freas Marv Hansen Neil Hausen Jim Howard Mike McLane Gene Rosenquist Stan Sears Douglas Stark Don Thomas AGENDA ITEM B: Agenda Approval Steve Anderson requested the Committee hear Item 29, Goat haven Estates first to enable him to return to Anchorage. The motion by Commissioner Keating, seconded by Jacobs to hear Item 29, Goat Haven Estates ahead of Item 1 under Agenda Item E - Consid- eration of Submitted Plats, carried. The motion by Commissioner Keating, seconded by Jacobs, to approve the Agenda with the requested change on Goat Haven Estates, carried. AGENDA ITE91 C: Approval of Minutes - April 4 & 18 and relay 2 Y~ 16, 1977 The motion ley Commissioner Jacobs, seconded by Keating, to postpone the reading and approval of minutes, carried. AGENDA ITE1i D: Public Hearings Item D-1: Carl F. Ahlstrom Sub.; Block 15 ~ 16 (Vacation of Restriction "Park") The Staff Report Stated: This property is located within the City of Kenai, across the Kenai Spur Highway from t1'ildwood Station Road. BACKGROUND: Carl F. Ahlstrom Subdivision was filed I.tarch 21, 1955 as plat K-216. Read letter from petitioner dated April 18, 1977. KENAI PENINSULA BOROUGH PLATTING COhihiITTEE hlEETING June 06, 1977 Page 02 Public notice was published in the play 12 & 19 issues of the Peninsula Clarion advertising the public hearing being held by the City of Kenai Advisory. Planning & Zoning Commission hiay 25, 1977 and this public hearing being held tonight. 22 notices with corresponding maps were sent to property owners adjacent to or within 300' of the petitioned area. 6 return receipts have been received and one notice was returned. The staff has reviewed this vacation and recommends approval be granted subject to a plat being prepared by an Alaska Registered Land Surveyor showing the vacation, approval of the plat by the City of Kenai Advisory Planning & Zoning G;,mmission and the 1~enai Peninsula Borough Platting Committee and filing the plat with the State. The City of Kenai recommended approval of the vacation at their hiay 25 meeting. END OF STAFF REPORT With the opening of the Public Hearing, Craig Freas - Box 3916 - Kenai came forward to be heard.' hir. Freas felt that lifting the restriction would defeat the orig- inal }purpose in placing the restriction there. The ultimate devel- opment called for a park and there had been good reasons for placing it there at the time of the approval of the plat. With no one else coming forward to be heard, Chairman Dimmick closed the hearing. Responding to Chairman Dimmick's question on Kenai Advisory Planning Commission recommendations, Commissioner Glick said the owner has been paying tax on the property and is unable to develop the property until the restriction is lifted. Commissioner Glick further advised that after considerable discussion the Kenai Advisory Planning Com- mission granted the vacation request. Commissioner Jacobs, seconded by Keating, moved to approve the vacation of restriction "park". 1 The motion carried on a roll call vote with four yes votes and one no vote. Item D-2: Number Three Bay Woods Subdivision (R.O.W. Vacation) The Staff Report Stated: This subdivision is located in the Nikiski area between North Kenai Road and Cook Inlet and approximately 3/4 mile west of Bishop Creek. The petitioners letter of April 14, 1977, noted the reason for vacating the R.O.IY.s was that the paper plat used road locations which were unusable due to topography. The property is being resubdivided (Seaview Subdivision preliminary approved subject to this vacation on hiay 16, 1977) and will allow feasible location and construction of roads for access. Public notice was published in the ~iay 26 and June 2 issues of the Peninsula Clarion advertising this public hearing being held tonight. Five notices with corresponding maps were sent to property qu+ners adjacent to or within 300' of many of t}ie z~- ,ing restrictions. t~1r. Pop~in also stated that these changes in th, coning code need more wor} .nd study put into them. There being no further public input, the hearing was brought back to the Commission for further consideration. In the~best interest of all concerned, the Commission felt that they should review all comments made at this public hearing before proceeding any further with Ordinance 77-18. MOTION: Mr. i~ialston moved, seconded by Mrs. Loosli, that the Commission table Ordinance 77-18 until the next regular meeting of the Kenai Advisory Planning and Zoning Commission and set up a work session in the meantime to review Ordinance 77-18 and all comments made at the Public Hearing pertaining to same. ~ ~tHNN/iv C- zcryV,NG- Motion passed unanimously. ~ - ~ S _ 7 ~ B. Petition to Vacate the Restriction "Park" in Blocks 15 and 16, Carl F. Ahlstrom Subdivision, Located within the SW 1 4 Section 25, T6N, R12W, S.M. and. within the Citv of Kenai Mr. Raymond explained the etition to the p public and then opened the hearing to the public. , Mrs. Call stated that her husband and she owned the land directly across from one of these parks and they did not want to see multi-family units put up right across the street from them. Mrs. Weiler asked if these were dedicated parks. Mr. Wise •stated that these parcels of land were not deeded to the City as parks, so they remained in the hands of the owners. Mr. Quandt stated that he had bought these lots specifically for multi-family dwellings. MOTION: -M.r. Miller moved, seconded by P•ir. Heus, that the Commission recommend approval of this petition to vacate the restriction "Park" in Blocks 15 and 1G, Carl F. Ahlstrom Subdivision, Located within the SW 1/4 Section 2f i T6N, R12bV, S.M. and within the City of Kenai. ~~ Motion passed by roll call vote, Voting yes: Raymond, T~iiller, Heus, ',~ Loosli, and Stasek. Voting no: Malston. ~~_ -~ 3. AGENDA APPROVAL MOTION: Mr. Malston moved, seconded by Mr. Miller, that the Commission approve the agenda of the May 25, 1977, meeting. . Motion passed unanimously. Kenai planning and 'oning Commission Page Two Regular Meeting E it 26, 1978 4. APPROVAL OF MINUTES OF APRIL 12, 1978 MOTION: Mr. Bryson moved, seconded by Mr. btonfor, to approve the minutes as submitted. Motion passed with no objections. S. OLD BUSINESS A. Reassignment of Lease: Lot 9, Block 2, Fidalgo Subdivision - Bob Britt and Ric C everton. Mr. Cheverton, Mr. Britt and Mr. Stoll were present. The Commission went over the drawings submitted by Mr. Cheverton a~ requested at the April 12th Commission meeting. There was brief discussion and Mr. Cheverton answered a few questions. The Commission felt that the requests had been met for approval of this reassignment. MOTION: Mr. Monfor moved, seconded by Mr. Bryson, for final approval of the reassignment of lease of Lot 9, Block 2, Fidalgo Subdivision with the additional information submitted by Mr. Cheverton (Definition of Intended Use and drawings) becoming part of the lease application. Motion passed by roll call vote. 6. NEW BUSINESS C. r^~' ^~'~`rom an 16: relimina Vacation of Park. Block 15 at. Mr. Best was present and stated that both'the City of Kenai and the Kenai Peninsula Borough approved the vacation of these two parks in May and June of 1977. This plat is simply recording that change. The park land will revert back to Mr. William Quandt. There was brief discussion. MOTION: Mr. Bryson moved, seconded by Mrs. Loosli, to adopt Resolution No. PZ 78-16 approving the Carl Ahlstrom Subdivision, Vacation of Parks, Blocks 15 and 16, Preliminary/Final Plat upon the following conditions: Correction of negative findings 9 and 10. Kenai Planning and ,ning Commission Page Three Regular Fleeting April 26, 1978 6. C. Cont. 9. Utility easements, if required, are not shown. 10. Lots are not identified by street addresses in accordance with City Code. Motion passed unanimously. D. Iliamna View Subdivision, Lot 8, Block 2: Preliminary Plat. There was brief discussion with Mr. Best. MOTION: M'r. Bryson moved, seconded by Mr. Monfor, to adopt Resolution No. PZ 78-17 approving the Preliminary Plat of Iliamna View Subdivision, Lot 8, Block 2 upon the following conditions: Correction of negative findings 9 and 10. 9. Utility easements, if required, are not shown. 10. Lots are not identified by street .address in accordance with City Code. Motion passed unanimously. MOTION: Mr. Bryson moved, seconded by Mrs. Loosli, to amend the Planning and Zoning Resolution format, revising No. 8 to read "Status of surrounding land (i~) (is not) shown." omitting the ownership information requested. Motion passed by roll call vote. A. Lease Application: Lot 8, Block 1, Etolin Subdivision, Secona Addition W. C. C, urcn. The Commission went over the drawings submitted and had some questions concerning the lot drainage and parking lay out. Mr. Church was not present. MOTION: Mrs. Loosli moved, seconded by Mr. Monfor, to table this lease application until Mr. Church was present for discussion. Motion passed with no objections. i CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 93-24 CONDITIONAL USE PERNIIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT FOR F; crht-Dlexe_ ; n an RS Zone Dana Hannah (FnntP HO ASP MOVerS) Located: r,nt~_ti-R~~ 1n-1~, Ricck:~14 and Lott 4-6 Block 15 WHEREAS, the Commission finds Ahlstrom St==.division 1. That an application meeting the requirements of Section 14.20.321 has been submitted and received on 6/7/93 2. This request is located on land zoned: Suburban Residential 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to the existing requirements: a. b. 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on 6/23/93 NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the applicant (has) (has not) demonstrated that the proposed ~-n~PxaG in RS Zone meets the conditions required for said operation and therefore the Commission (does) (does not) authorize the administrative official to issue the appropriate permit. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska the ~ ~,-~ day of ,Tnn 1993 . CHAIRPERSON ATTEST: Planning Secretary RESOLUTION PZ ~a.3 SUBJECT L-O~ 5 (~ - ~~ f~~ ~ ~ ' ~ -h'E"t ~^-A- ~L COMMENTS ~- Lb-E~ 8L I,S- CITY ENGINEER: ~ f~P fit ~v~ ~C</ ~-~vtr~-F-.~, e-,,.~ ~u~ /Ni .K f J ~ / ~' C1~cl'rcSS G~ N d~ S ' ~rGLL~t 5a-o~c• "~'c~ //;y ~ owe v~r , ~~ ~ n~o GHQ PS -/ ~~~'~ ,G,lz ~,'.., C7,j' ` rf~s~ i ~ ~ cz~cde ll : ~~'_ ~ ~r~c~.~~c ~[ '_ ~t ,,, /r7 ~ ~ ' ~ . . r z ~r S ~ ~' /~P t~~c~ ~" L~!~ IO /~ ~ ~ c ~U GJtc"~C % ~ C~,-,o( L.~ / ,~'/oc% /G/ % i GU/ // ~o /S' ~~ .f.S yD«C~C ~ - y,D~IT(c S Q n `~Q r-7 l 2 d O a S 0' ~~ . /~i e c~ -, cF:' o~ i~--.a. / / G~S'~ ~ve.:,n .`~ ~'.5 ~y~~u/C~' aCay L-a ~S /'o - l Z ~/o c~ l~/ / Lo '~ 3 ~-$ BUILDING INSPECTOR: ~ La >~ ~1 Co -~ PlQ ~c ~ _,,~IPx ~s ~,~ 8/oc~ /S ls'/acK ! St / CJn t sc /Ur`P 77- < w.'// 6 ~ . ~,01,~ ,.~fepi , ~ a c v-~ i s , < Q ~ R S zv ~, e . 05 ~ ~~~ ~d CITY ADMINISTRATION: L~ `~a,7 ' ~~ CITY OF KENAI ~` PLANi1~NG DEPT. CONDITIONAL USE PERMIT - ~ ---- NAME 17~~ ~,u~ ~. f av r-~3 Hv~ s~ Y!'Ior.,... PHONE 3'-1 ~ Z v ~ ~-I (~ / nJ rEZ-~ ~ ~ ~ S c i ~~~ S MAILING ADDRESS ~~ ~ o O "~ ~`~"''~~ ~''" Y ADDRESS ~ ifa ems, ~ ,~,~ 9~i5/ LEGAL Lv 9' S ~ - !~ Isc.oL.c /~./ LETS ~l-lo F~c.c.c.~c ~~ DESCRIPTION ~ ,- ~ , v O `v~;~ / ~ ZONING ~~-- C RR RR-1fR~! RS-1 RS-2 CC CG IL IH R RUl DISTRICT ~~..// Section 14.20.150 of the Kenai Municipal Code outlines regulations which allow Conditional Use Permits for certain developments. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. A Conditional Use Permit issued by the Kenai Planning and Zoning Commission is required for some uses which may be compatible with principal uses in some zones if certain conditions are met. I understand a conditional use permit is required for the proposed development a described: Please submit site Plan, Map (if available) and Traffic Flow & Parking Please submit plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and data as may be required. A Public Notification and Hearing is required before the issuance of this permit. A $100.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached sheet). An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of permit. A public hearing shall not be required as a condition to granting the extension. ADDITIONAL COrIlKENTS: Applicant Signature: Approved at P&Z Meeting: Date: Approved: Chairperson Attest: 3 / \ ~ ,i. j . ~ .• Sprup sass u.ea' ~I '~~~ ~D' SDNC. 577E M.J7' _ `~ / D' SD,ua. NS7E 103.30' u, !;o Fn0 2 1/$' G.0 Bra.. Cap 3' Alep SeOS 7.0T 7' Spun Sa7M ,2eY f' eYt~ Nt01 7{.1T GQloek la3old G:•Qo4e• $YOsd. ,\ / ~~ / / . ~ / Jb ~ / _ j 4 ~ I °',~ JJ\~ tl'1~ ,'\ \V~J\ \ / I \ \ /// fO11A 1N S07 0 ,er Me[ -M : t/Y hfp. Da. c x ~ \R\ \ / / / \v' / I / t soo t a , SOU7N sa N N t NORM Ne tff. • test , n092'M 62]3 i ~ , ~~~ ~~ / ~ \ ®u•h Lone• Sukd. / ~ ~ /'~ ~~ ~ \ ~ c',co PosaJ Q I ~OQ• ~, ~. ., ~~ 77. ~~ ,eD. ~, / .'~ \ I w d ~ ~ ~ ' lot f0 ~ / `6 ~'~,~ ~ ~ \ pQpYe ~S q 'y ~ Lot 6 g ~IW L.! f L.! 1•~! ~~ ~ ~ ~~~\ ~ ~t ~ ~ ~~ ~ ~ ~/ ~ ~ v Iliam,nc, Road --A-~ ~ ,,} / ~~ \ / 1i0.3,LII0'L~ --~' ~'" ~,T. 7a 73.00•) 7s. 77. 7s.ar 7s. 7e. ~ g ~~` ~ ~ 8p Sd 8w gos c ~l ~.~ g ~-1 ~~ ~~ ~~ SI SI `•• c 4 [ S7 ~ [76. 00'7 (7D.OOy (75.00 [75.00') 75. ~ 76.00'] GQleee~ 94 ~ ~ Qa r'o spa \ $\ er -3 `7 \ IKIT ,OS1.21' \ ~ (.tfY ,3«.11 ~ a ~u t~7J ie3~ar n :~ ,7• sp,w >~ ,oo.a• Dena'Ino Daeint E•4e4e• iw, nar PPF{ 17 0070 N70t 7.33' "~ SURVEYOR'S CERTIFICATE +m NpMY een0ly Mb: 1 aIN PgwIY nW~uM M NMl,ey vna 3 ,/{' Alum. Cep to paetW 1sU eurr.Nne M Np Me1e b NeelY~ 0W eLl{N ~V • YMI' mNp ~/ M ~ InM mY ~apl y.~• ae fMiM,NeM ane N1wMeY ~~ U ~NLM~nNI ~_ sla~fpY e/ pfe0ap N ISpe femme N Ne >fw el AISeYa De,e ' /M 2 I/2' C i 1GQF ~~~% I L~.. ~ ''•...~ 1 ~ ~p y~' ~ ~ ~ ~~~ i ~ Gerdine WaJ z 60' ROW 75' Nor th 80' Proposed 10' Utility Easement I / N Parking ~ I 15 26 26 27 C N DTI ~4 W Z ~ ~= a~ ~ ,, ^^ ~J o ~ w ~ '~ O ~ N ~ .- N (p ~ cD o W (n cn ti n "~ co ~ ~ O C ~~ ~ I ~ N N I ~ ~ ~ Q N ~ ~ ~ N N ~ N ~ _ (~ Q. O N ~ D_ O N in ~ ~ ~ _ EXISTING LOT LINE TO BE REMOVED 'r ti `1J I `1v ~ ~ N i ~ 15 26 26 27 - - - Note: Propose vacation °~ I I of all utility easements I ~ I ~ along the sines and I'' I `~' rear property lines ~ ~ granted on criginal 80' Carl F. Ahlstrom Subd. ~ 75' N orth nn ~7 ~ L~~ ~ ~ u i o ~~~[~ ~~ P~~T PLAN ~ERTI~IT.ATI^N LEGEND Plot Plan Certificate 5/8 Rebar (found) I hereby certify that the proposed improvements hereon are as shown on the following described property: Scale: 1" = 30' # F B Lot 4A and 5A, Block 15 . . . Carl F. Ahlstrom Subd No 2 (Unrecorded) . . Kenai RECORDING DISTRICT Plat: 92-84RS Date: May 26, 1993 Exclusion Note: It is the responsibility of the Owner or Drawn: CB W.O. #: 93091 DisK: Ahlstrom builder, prior to construction, to verify proposed building grade relative ±o finished INTEGRITY SURVEYS' grade and utilities connections, and to determine the existence of any easements, HC 2 BOX 385 covenants, or restrictions which do not SOLDOTNA, ALASKA 99669 appear on the recorded subdivision plat. SURVEYORS 262-9461 PLANNERS Note: Propose vacation of all utility easements along the sides and I rear property lines granted on original I Carl F. Ahlstrom Subd. o ~oc~[~ ~4~ ~~~j \~1 ~ ~ o ~c~~ ~ \ I Z 75' North 75' , I i i ~ ~ I I I ~ :J 25 26 26 25 Q ~ EXISTING LOT LINE ~ Gl~ ~ _ - TO BE REMOVED ~ ~ ~' a~ ~ Z ~ ~ E °~ a i ~ J~ O ~ W ~ CV -~ ~ " O W ~ W O T ~ ~ N O y T +-~ /U Lf`I _ ''' ~ ~ ~ I~ v t~ ( J ~ ~ ~ ~ ~ ~ ~ ~ N 1 C Z, Q , J ~ N ~ ~ I ~ ~ O W ~ ~ N ~1 O N ~ ~2 ~ O (~ ~ N o ~ N ~ O a d ~ ~ N O a ,~/l ,.., lJU ~ N ~ ~ a- EXISTING LOT LINE o a' N (~ fl (~ ~ I`JUl _ _ TO BE REMOVED o ti ~ ~ ~ ' a~ O O OO o 25 26 26 25 vU --- ~ i I~, --- ~~ ~I I~ ~ ~I I~ ~ 75' North 75' ~o~ ~ I ~ PLAT PLAN CERTI~ICATI~N LEGEND Plot Plan Certificate 5/8 Rebar (found) I hereby certify that the proposed improvements hereon are as shown nn the following described property: Scale: 1" = 30' F.g, #; Lot 6A and 7A, Block 14 Carl F. Ahlstrom Subd. No. 2 (Unrecorded) Kenai RECORDING DISTRICT Plat: 92-84RS Date: May 26, 1993 Exclusion Note: It is the responsibility of the Owner or Drawn: C8 W.O. #: 93091 DisK: Ahlstrom builder, prior to construction, to verify proposed building grade relative to finished INTEGRITY SURVEYS grade and utilities connections, and to determine the existence of any easements, HC 2 BOX 385 covenants, or restrictions which do not SOLDOTNA, ALASKA 99669 appear on the recorded subdivision plat. SURVEYORS 262-9461 PLANNERS ~ ":ote: Pro ose vacation ~1, ~ _ of all utiliPy easements o ~ Q t~ ~ ~ ~ ~~1j j/~ r along the sides and ~~~ ~ <r ~ ~ rear property lines n O~ n ~~~~~ I Z granted on original I L~ 2~J Carl F. Ahlstrom Subd. 75' North 75' i I I ~ ~ i I~ Iv I N I N i 25 20 %I 5 I ~~ uv ra~ V I `~ n~ tv/ _ L EXISTING LOT LINE ~ (y>`ij c TO BE REMOVED I -1 ~ °' Q a~ ~ ,~ ~+ ~; w E ~ ~ ~ z w ~ ~n _ ~ ~ I o ° O T \~ ~ ~ N w w ~ CJ T (Y ^~ - ~ ~ ~ J ~ Cti ~ I p~ ~ y ~ l~ ~ ~ I~ n I ~ C 'c`> ~ J ~ n(~ v ~ N o I ~ I N ~ „ ~ ~ ~ o ~ ~ ~ N ° ~ ~ ~ ~ • r~ W I ~1 O '^~ "p N VV O w, a Cj a ~ a C` C° ~' ~ ~ ~ ~ EXISTING O in LOT LINE °- 3 TO BE _ REMOVED ~ '~ ~ °- ~ ~ ~ ~ '+~ -~ ~ o 0 I ~ ~ ~ ~ ~ ~ ~~~r, - I I ~ ~ 25 26 26 i 25 I (~ - - - I I ti I ~ I I ti o0 ca lA~ t ~ I i 75 N ort h 75' ~ nn L~~ ~ ~~ ~ ~~ ~~ ICI P~L~T P~A~~1 CER TIEI~A I I^N LEGEND Plot Plan Certificate 5/8 Rebar (found) I hereby certify that the proposed improvements hereon are as shown an the following descrihed property: Scale: 1" = 30' F g #: Lot 10A and 11 A, Rlock 14 , , Carl F Ahlstr S bd N . om u . o. 2 (Unrecorded) Kenai RECORDING DISTRICT Plat: 92-84R5 Date: May 26, 1993 Exclusion Note: Drawn: CB W.O. #: 93091 DisK: Ahlstrom It is the responsibility of the Owner or builder, prior to construction, to verify INTEGRITY SURVEYS proposed building grade relative to finished grade and utilities connections, and to HC 2 BOX 385 determine the existence cf an easement s, SOLDOT NA ALASKA 99669 covenants, or restrictions which do not , appear on the recorded subdivision plat. SURVEYORS 262-9461 PLANNERS 1791-1991 CITY OF KENAI ~, „O~l G'~ ~r ~4~i~ „ __ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 PUBLIC HEARING NOTICE Public Hearings on a Conditional Use Permit Application (KMC 14.20.150) and an Application for Variance Permit (KMC 14.20.180), submitted by Integrity Surveys for Dana Hannah, "Footes House Moving" have been scheduled by the Renai Planning and Zoning Commission for Wednesday, June 23, 1993 commencing at 7:00 p.m. in the City Hall Council Chambers, Kenai, Alaska. The Conditional Use Permit application is for eight-plexes in a Suburban Residential (RS) zone, located on Lots 6-8 & 10-12, Block 14, and Lots 4-6, Block 15 Carl F. Ahlstrom 8/D. The Variance is for minimum lot square footage requirement for six-plexes in the RS zone, located on Lot 10, Block 16 and Lot 9, Block 14 Carl F. Ahlstrom S/D. Anyone wishing to present testimony concerning these permits should do so at this hearing or submit written comments to the City of Kenai, Planning Commission, 210 Fidalgo, Suite 200, Kenai, AK 99611-7794 prior to June 23, 1993. For more information please contact Jack La Shot or Loretta Harvey at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOII OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTEREST PARTY 5~ 1 STAFF REPORT TO: P & Z Commission PREFARED 'BY: La Shot/Harvey '~ DATE: '''June' 11, 1993 RES:: PZ '93-24 APPLICANT: Dana Hannah Footes House Moving 7010 Old Seward Highway Anchorage, Alaska 99518 Requested Action Variance Permits - Minimum Lot Size of 12,000 for six-plexes Legal Description>; Lot 10, Block 16; Lot 9 Block 14 Carl F. Ahlstrom Staff Action Sent 25 Public Hearing Notices Advertised in Clarion 6/16 & 21 16 Notices returned by packet deadline Present'Zoning >~ Suburban Residential (RS) Current Land Use Medium Density Residential ANALYSIS: According to the Development Requirements Table the minimum lots requirement for the RS zone for a six-plex is 12,000. Lots 10 and 9 are 11,250, which is 750 SF below the minimum requirement. A conditional use permit is needed for Lots 6-8 & 10-12, Block 14 and Lots 4-6 Block 15 to place 8-plexes in the RS Zone. These lots will be replatted if a CUP is obtained. RECOMMENDATIONS: Recommend Approval if CUP is approved and make sure adequate off- street parking is available on each lot. ATTACHMENTS: 1. Resolution PZ 93-23 ~ 2. Variance Permit Application 3. Site Location CITY OF KENAI PLANNING AND ZONING COMMIS ION RESOLUTION PZ 93-a A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A VARIANCE AS AUTHORIZED BY 14.20.180 OFF THE KENAI ZONING CODE. for minimum lot size six-plexes RS zone located Lot 10, Block 16 & Lot 9, Block 14 Carl F. Ahlstrom S/D applicant nana Hannah _ Fo~tP HO 7GP Moving c/o Integrity Surveys WHEREAS, the Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code may be granted by the Commission if all conditions specified in 14.20.180 are met, and WHEREAS, the Commission finds: 1. That an application meeting the requirements for a variance has been submitted and received on T„„o ~ l , 1 ~LQ ~ 2. That this request is located on land zoned Suburban Residential 3. That the applicant seeks a variance from the specified requirement of the Zoning Code: 12,000 SF requirement for six- lexes 4. That the following conditions have been found to exist: a. Special conditions or circumstances are present which are peculiar to the Land or structures involved which are not applicable to other Zands or structures in the same Zand use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use sn the zoning district szt which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the Zand and/or structure. e. The granting of the variance is not based upon other non-conforming Zand uses or structures within the sale Zand use or zoning district. 5. That a duly advertised Public Hearing, meeting the requirements of Section 14.20.280 has been held by the Commission on June 2 3 , 19 9 3 NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the conditions specified in 14.20.280 (c) have been shown to exist, and therefore, grants this variance. PASSED, by the Planning and Zoning Commission of the City of Kenai, Alaska the 23rr3 day of .7nnP , 1993. ATTEST: Planning Secretary CHAIRPERSON RESOLUTION PZg~j -01 SUBJECT ~~ D /3 ~ = _ `~" 1 ~ -----~= COMMENTS CITY ENGINEER' • / P ~.~ ~i,ri qPC~ C ~,~n~f ,,, e..,L ~u~ /~i K f J ~~f . ~-~ r>0/~ .~' AClr~.:S C• ~ GU ~ ~LIVCL.rr~' ,t ~ G ~ ~ f `; ~i~1/~ /~ ~ PAS 7~.n' L_t. l /;~ i C ' ~ n. ~u i~/ac.~C '' ~o ~G.-,t( ~ ~~ ~/oclc L 7c %/ l / GL~/ ~ r ah l~ /s ~~S.S ~la~~ ~ -~/~x~s ~ -tea.-, ~ 2> a 0a S ~• /~ ~~,d' ~ «-.s/ g ~ n `~J~ J ~ ~ i~ c1~r<IC4~ M~' LO ~S ~0 ~ /Z ~j/OC/~ /~f ~ ~S ~~ BUILDING INSPECTOR: f~ ~ ~ ~La -~ p to « ~ , ~ ~~,~ ~s ;.-~ B/oc~ /S ,?/act 1 ~ ~ C~'~ ! ~~ ~S~ ~(17~f' / < GV / / / ~ ~ / f fo lip .~P~ i ~ G3 C !J-I~ / S 7 Qr) RS Zone . CITY ADMINISTRATION: N O u F a w a ~ ~ a ' 0 N 0 Q ' U ~~.. ~ e V = p ` L e ~ u ( j ~ a .~ u ~ y~$s~ ~ ~ ~ , ~ ~ ~ ; z o ~ g s ao ~N ~ N N N N ~ H a s ~ ~ ~ h h -° E ~ ~ U ~n' `o Q g g C 7 ~ = ~ ~ g O4 N h h ~ p~ O N ~ ~ oG ~ c o 1 ~ t i N ~ ffii C O $ $ ~ ~ O N O it N < ' ' ' `u 3 3 ` ~ ~ u °~ °~ .7 3 3 ~ ~ c t ~ ~ ~ ~ o' 3 $~ ~ ~ a ~ ~ `~ ~ ~ 3 D ~ ~ O 1..~ u ~ ~ ~ m ' ~ ": 3 r: ~ o 'u ' E '~ i ~ 3 3 SS G 3 w w c ~ . ~ fA p ~ { a a - ~ ~ E ' VVV 111 :.. w A z w :c LL G.+ U h a ~o N .h-. ~ * ~ ~. ~ ea Ii~~1Y.~1 BICE\TEVNIAL Yi~aye wrtJ~a~ t-"C~c~mllJ~a ~U,t/!'e ~ DATE : ~o ~ 9.3 CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 APPLICATION FOR VARIANCE PERMIT ~"~r' ~r ~""`~ NAME : C'vOf f,(,J /'~ PHONE : D p7 - 9'j~ly _ ., ~ n _ i/ MAILING ADDRESS: LEGAL DESCRIPTION OF PROPERTY INVOLVED: LdI"10, BL 1(O gF. ~.Gf' f. BG~~ ~K„~S`IYdn~ ~D ZONING DISTRICT (Circle one): C RR RR-1 RR-2 RS- RS-2 RU/TSH ,~ 9.3 01'~ CC CG IL IH R RS ~ Section 14.20.180 of the Kenai Municipal Code outlines regulations for Variance Permits which is the relaxation of the Development Requirements Table to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. T Provide a site plan of the property including location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. 2. ~ A Public Notification and Hearing is required before the issuance of this permit. A $100.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet) 3. _~ Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. 4. x--- The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a monetary hardship or inconvenience. VARIANCE APPLICATION Page 2 5. __~ The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. 6. ~ The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. 7. ~ The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. ADDITIONAL COMMENTS: Applicant's Signature: Approved: CHAIRPERSON Attest: Loretta E. Harvey, Secretary ..~ Neeye•»•[ 3e•Llo• w a r P ~~~ e +~. +o• Sprua sasF u.ee• =r I v e• S e S]IF ' pruc N.]7 e• SD~+ee NS7F tOS.~O' u1 S Fna 2 1/3• GLO Brae Cap 2• AIOR SeOS 7.07• 7• S/rvae e•SY 12.e2' 1• SkeN N3e^tl 7•,17 ~laek field ~•4a4e• Sumd. .~ OOllp 1/• w tl Iw ••ee -M : t/2' we.. ear \ ~ ~b \ 'i\ / / ~k ~~ \ s /~ &\ V / / / ~' ~ 75• 75.00•) s. 75. 75.ar 75. 75. ~ ~ ~~ g.~ ~p $e $n 610 ~~ ~ ~ ~~ S~ A~ ~~ A~ A7~ "~ R e (7aoo7 (7A ~•) (7a.ar ) 75. ( 007 [7~~'] 7s. 75.007 ~ ~leee~ 14 a~ ~ r > ~ ot • ~ \ ~. \ ~ L \ ~ r ~ 4 \ ~~ \ Iqi fOM.27 e02.5Y (~~ o L (110T tOM.21~ /'1 •u 7e-n utas ar uueeto (eRln 2e25.7r >.:. „• sptie. S,,,j ,,,.e,• Dena'ina ~eln! E•4ale• Sr as f0• lpruu SeOt 123.5•' reN n,e vllr• 25 0075 NSOS S.SS' r+^~ +rn SURVEYQR'S CERTIFICATE • - ~ NRIer eerlMr 1Nek I e~ McMIY reyetRN a1 Marnq me S 1/• Alum. Cap b Meetke IR N a YM M e w M Sta4 d Nae.L Nlp aeelrl ~r ~ y ~e . MMr •mn r MavMl ~M ee •flRUlene ene elver MtaY Re eR+eet b 01e nRmal ._ r1enIRM s/ prlallee el NM eae.gen M 0+e efele el Mer4 Oaa .ti.~._,S ~~~ ~ y ~ ~ `, y ~w~rb,~ 3 ~ ~ Y ~1' 20.75• 3~ ~ ` I soo Ise ,S.a I sOUTN seep , N00 N I NOIIM , • Neese IN. • CAST N09Ye1 // ~~ //~'' ~ ~ ®u•h l.ane• Subd. \ r1.o Voap Q ( ~O• vv~ ~ Lit • Lit • v Lit 11 )~~ ~ / I 7!. L' ISO. ~ ~/ / .'g~' `\ A b ~ !e! I •I Lot f0 _ ~ .6 ~ \ ~O~ S`" ~ •d \ S ~ ~~ Lot 1•y ~~ ~ \'~ ~iy\ ~` P¢ove w --> ~ Lot 6 4 ~~ 2u Lit • ~/ ~~ ,> y ` Lsr ~A \ I / ~ ~ \ \ \~ 75.ar 100. L r ~ ~ ~ \ ~ lltiam,'rla. Road ~ ~ \ ,,~ • '' .. _... r- ~..Ii~wnrn+r. ...t1C l.761 ~,.t7sraVi+1!~~~C#: -:ale. ~ ;:sw /M 2 1/3 ~Nhllll/ ~164!!.G ryIi :: I wee I,.~~~r f +~ ~~~/// t ~ o [~o~ North u~i N 24.5 rC~- 0 ~ ~ ~ ~ ~ 130 c ~ C;.; ~' ~~ 75' °~ 0 ~ U a~ ~ ~ ~ O `~ 24.5 u~ ui Parking N Proposed 10' Utility Easement it'Z~A o~ North 75' Gerdine Way 60' ROW Note: Propose vacation of all utility easements along the sides and rear property lines granted on original Carl F. Ahlstrom Subd. PLET PLAN CERTIF~ICATIEN LEGEND Plot Plan Certificate 5/8 Rebar (found) I hereby certify chat the proposed improvements hereon are as shown on the following described property: Lot 10, Block 16 Scale: 1" = 30' F.B. #: Cart F. Ahlstrom Subd. Kenai RECORDING DISTRICT Plat: 92-84RS Date: May 26, 1993 Drawn: CB W.O. #: 93091 DisK: Ahlstrom INTEGRITY SURVEYS HC 2 BOX 385 SOLDOTNA, ALASKA 99669 SURVEYORS 262-9461 PLANNERS Exclusion Note: It is the responsibility of the Owner or builder, prior to construction, to verify proposed building grade relative to finished grade and utilities connections, and to determine the existence of any easements, covenants, or restrictions which do not appear on the recorded subdivision plat. Note: Propose vocation of all utility easements along the sides and rear property lines granted on original Carl F. Ahlstrom Subd. L~o~ i10Q (proposed) o ~OC~G3 ~~ L~O~ ~ l~Q Iliamna Road 60' ROW West 75' Proposed 10' Utility Easement N Parking 24.4 26 0 i O Z (proposed} 24_5 ~ 26 ~ ui Parking N Proposed 10' Utility Easement West 75' 50' Section Line Easement ~~~~90~~ poo~~ ~~~~~~~ ~o~ ~Q (proposed) 11250 a~ P~^T PLAN CERTI~ICATI^N LEGEND Plot Plan Certificate 5/8 Rebar (found) I hereby certify that the proposed improvements hereon are as shown on the following described property: Lot 9, Block 14 Scale: 1" = 30' F.B. #: Carl F. Ahlstrom Subd. Kenai RECORDING DISTRICT Plat: 92-84RS Date: May 26, 1993 Drawn: CB W.O. #: 93091 DisK: Ahlstrom INTEGRITY SURVEYS HC 2 BOX 385 SOLDOTNA, ALASKA 99669 SURVEYORS 262-9461 PLANNERS Exclusion Note: It is the responsibility of the Owner or builder, prior to construction, to verify proposed building grade relative to finished grade and utilities connections, and to determine the existence of any easements, covenants, or restrictions which do not appear on the recorded subdivision plat. K rn 4 rn Lot °' `° °' 9 i O Z ~~ ~ NORTH L~o~ C~La (proposed) b CD Q- STAFF REPORT TO: P & Z Commission PREPARED BY: La ' Shot/Harvey, DATE: June 17 19.93 >~RESOLUTION NO. PZ> 93-25 APPLICANT: City of Renai 210 Fidalqo, Suite 200 Renai, Alaska 99611-7794 Requested Action Preliminary Plat - Evergreen S/D: Kim Add. Legal<Description '' Located within the SE 1/4 Sec 36, T6N, R12W, S.M. , AK Minimum SF,.12,500` All lots in compliance Present Zoning.., Suburban Residential-1 (RS-1) Current Land Use ' Medium Density Residential ANALYSIS: This parcel was recently submitted for rezone to RS-1 by PZ Res 93- 20 and Council Ord. No. 1548-93 which becomes effective July 16, 1993. The lots are being developed for public sale to off set costs of the Assessment District which has been established to pave Evergreen, Haller and surrounding streets. RECOMMENDATIONS: Recommend approval of plat as of effective date of Council Ordinance. ATTACHMENTS: 1. Resolution PZ 93-25 2. Plat 3. Council Ordinance No. 1548-93 C:\WP51\DOCS\PZ1993\STAFFREP 5th Ave LOT 1 12800 sq.ft. 150.00 LOT 2 ~ 12856 sq.ft. 150.00 LOT 3 v; m LOT 4 -~~ LOT 5 a ~ `° u7 J W m '~~ ,~ LOT 6 ~ ~ 12856 sq.R i ~ 150.00 ~~ ~ LOT 7 ~ 12800 sq.ft. N 4th Ave. ~I 130.00 LOT 1 i BLOCK 3 W ~ ~~ 18800 sq.fL o 1so.oo ~ TRACT A-1 so' EVERGREEN TRACT A RFSUR. 33' venue GOVT LOT i62 ~- WASTEWATE~ The Alaska Departm~ Conservation has rep subdivision's wastewc approves this subdiv Signature "GENE Set 5/8° rebcr with p. ct each corner. 4 th Avenue =R DISPOSAE tment of Environmental reviewed plans for this ewoter disposal, and >division for platting. Title Date ~I ~ ; ~~ ~ ~ NOTES rnls ~' ~ „ I 3~a' ~ 33 bd. ~ ~ Kenai ~ ~° o T6N 1. No permanent structure shall be ~ °~ ~~ I T5N constructed or placed with'n an ~ e CIT?{ s~ a easement which would interfere I f Ke ai ~~ `~- with the ability of a utility to use the easement. ~ \~~ i I ' 8 9 VICINITY MAP SCALE 1 " = 1 MIIe CERT~EICATE of OWNERSHIP and DEDICAl10N I hereby certify that i am the owner of the real property shown and described hereon and that I hereby adopt this plan of subdivision and by my Free consent dedicate all rights-of-way to public use and grant al. easements to the use shown. AUTHORIZED OFFICIAL Notary's Acknowledgement Subcribed and swam before me on this _ day of 1993 ,for NOTARY PUBLIC FOR MY COMMISSION EXPIRES IV MICHAEL A. SWAN REGISTRATION N0. LS-6940 PLAT AJPROVAL_ EVERGREEN SUBCIVISION i I ,; I KIM ADDITI01~.~~~~ ` ` 'i~ ~u~ I I ~~.~. ;'~` j r. I Owner CITY OF KENAI ~~ Pi.Ate"itte~DL~T' i 210 FIDALGO ST.""~~~~ KENAI, AK. 99611 ~ LOCATED WITHIN THE SE 1/4 SEC710N 36 T6N, R12W, S.M., AK., CITY OF KENAI AND j j THE KENAI PENINSULA BOROUGH.I I CCU; T AINiNG 6.779 ACRES. I T?ils plct was approved ~y the KtuAl PENWSULA BOROUGH ~ ^~ pGSiIC CCp PLAfv'WuG COMMISSION at the meeting of ( SWAti' SURVEYING ~I P.o. Box 987 KENAI PEtiwsuLA BOROUGH SOLDOTNA, AK. 99669 PHONE 907-262-1014 BY DATE SURVEYED I SCALE 1 ~=100' DRAFTED MAS Suggested by: Administrati~.. CITY OF KENAI ORDINANCE NO. 1548-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT A PORTION OF THE SOUTHEAST 1/4, SECTION 36, T6N, R12W, S.M. (A 200' STRIP ALONG EVERGREEN STREET AS SHOWN ON THE ATTACHED MAP), CITY-OWNED LANDS, IS NOT REQUIRED FOR PUBLIC USE AND MAY BE SOLD. WHEREAS, KMC 22.05.010, .030, AND .050 require that the Council shall determine whether certain City-owned properties are needed for a public purpose, and WHEREAS, KMC 22.05.010 states "Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for a public purpose.", and WHEREAS, the Kenai Planning and Zoning Commission has reviewed Exhibit A and has determined that the property is not needed for a public purpose, and recommends the property be made available for sale. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a portion of the Southeast 1/4, Section 36, T6N, R12W, S.M. (A 200' strip along Evergreen Street as shown on the attached map), city-owned. lands, is not required for public use and may be sold. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of June, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol Freas, City Clerk First Reading: June 2, 1993 Second Reading: June 16, 1993 Effective Date: July 16, 1993 -a~ xs7+i~w 0 .~ 3 S se~~ ~~-~P / T E / ./' .~ ti/ ~/ '~~ L W Y s 0 .~ 3 S ~s / eve ~~aP 4 / f~ .:.. w • i f i r h ~~ ~ •1i` ff777a~ ~ ~- ~N 8 N V 1 _~ f / / ~ ~ ~~t I ^ ~~ h ~ ~ 1 • ~ t JY / ~. /~ /' /y ~` •/• (p 6. STAFF REPORT TO>: P & Z Commission 'PREPARED;BY:' La Shot/Harvey DATE: June 17 ,,' 1993 ! RESQI,UTI~N NO. PZ ` 93-26 APPLICANT: Bill Saffell, Owner 210 Fireweed Renai, Alaska 99611 Requested Action Thompson Park S/D Lot la, Block 6 Legal Description' A replat of Lots 1 & 2, Block 6 & vacation of 20' utility easement Minimurn SF' 7200' In compliance Present Zoning, Suburban Residential (RS) Current Land Use Medium Density Residential ANALYSIS: The combining of Lot 1 & 2 to create Lot 1A will give 16,252 SF of area. The City has no need for the 20' utility easement. RECOMMENDATIONS: Recommend approval of plat as submitted. ATTACHMENTS: 1. Resolution PZ 93-26 2. Plat C:\WP51\DOCS\PZ1993\STAFFREP _.• ,. -, _ , . -. _ _ , _ /~ yy~ ~(~ r~- 107:84' ~~ ._ Z a ~r, i ~ } '~'- 4 %~ +. " ~ i ,f1 { ~ to \ ~~ FO s. ~O Rc~~F <~Z ,~ N NpT .N c^ a' ~, S ~~ 5 ~ ?2 64~" ~ ,~, ~ ~~ ~ ~ ':= LOT 1 A ~' ,~ m ~ ~~" Jt\ o o Util+ty Easement •~,: .,9 \ ir, ~ \ ~ 20 d by this Ptct ~.. to ~~ i vS. Vocate ~ ~ e~ z L_ ~ L~ L Q _\ l" ~ ~~~~ j ~ ,~ `ot ~',ne `~C~ ~ ~i ~. ~ ~~mer ~ ~\ ~ ~,; 16,262 S.F. ~ ~ BLOCK ~ SIX ~ ~,\ i__ ` ~ \~ ~ r'o D ~ ~ ~ ~ ~~ ' ~ ~_, r " <C/p '~ • ~ ~~f ~ ~~ ~i~ ,, \,, so. ~,, ,-~ a ACKKNO~ EDGEMENT `'\~ R/y~, \'~--~ +nd sworn tefore me th+s vp 1993. ion expires .c for the Sto±e cf Aloskc ~~,~ LO" , CURVE , RADiU~ LENGTH ~ TANGENT ; CHOP: ~,T is r~ 25.OC __ 2.04 1_ Y ~lJ r~ o'`. ~~ KENAI * 49 Iti 1C ~~~, =_ AI. SCOTT McLANE ~ ~ ~ .- y.r ~, r,. 4928-5 i'= 0~~~ x,,__~~~..•"~~ --.1~`~~ /.~ _~ i y~_' .. .. ~_-~~~~ :\ 0 ~1 ~, . - i `~, n VICINITY MAP u W _c~ie _ Mile LEGEND SLc/ELM monument 'Duna !his sur.ey I:~c) .___, rrenument of recara not ~e_averea 1--f-y Fou~a ~ ~; 4" alum- roGped monumer:i JJ Found 1~2'~ rebar ~t property corner yet ? '; 4" aium. cap, _ z!8" z~„ f!angeo arum.. p',re- 5F, ~ _' X ~a' ret~ar nlth MC~ane ric Asset- -.. _ ~_~ea °_r Of,~ aaia ^~ ~e ~' :=C / 5~sd /+ ~_ "/_ _ N S +r~. c(i•. -- - cpw ~~e ~ ,_~,_~ ~, to _ _ aA~ _. ant '$ aA , _, ~, p a ~s •, ~h me7 r~ ~s D~~ ("~~ prc. ; ~ , 4,~ D a r oc *? ter. v+ f I Ua permo^ s r„~ arP - a .or r_.c!- r a; ~I ,~N' ' I~ ~~ Yitn:n ~Se ..Vr ~ ..:iV ~_rrp .. w.lh aCll'. ., .. ~ ,'*v ~ e ees-meat. p~ANN~NCt ~• tiOENt - ~NOFG ~ 5EeGING _=LTA PLAT APPROVAL gust meet the regwotory T vironmentat Conservation. his plat was approved t;y the KENAI PENINSULA BOROUGH PLANNING COMMISSION ;ervation approves this at the meeting of 1993. KENAI PENINSULA BOROUGH by Date .Authorized.; Official moo 6PLAT' S i \ ~ ~~xY ~~;cs t ~ ' I '~ ~ i ~~ ~~ PRELIMINARY PLAT ~~ a THOMPS~N PARK SUBDIVISION LOT 1 A BLGCK SIX (A REPEAT OF LOTS 1 & 2 BLOCK 6 THOMPSEN FARK AND VACATION OF A 20' UTILITY EASEMENT) Bill Saffell, Owner 210 Fireweed Lane Kenai, A.K 9961' ~_OCA TION 0.~7~ AC. ^; /L GTUATED 'N Ti-E ^.~' ;~4 NW I ~4 SECTION 6, T 5 N., R. 10 w. S.M, aK AND THE CITr GF KENAI, THE KENAI PENINSULA BOROUGH AND THE KENAI RECORDING DISTRICT. Sur^veyed ~by McLANE & ASSOCIATES ~ LJU P.0. BOX 468 Soldotna, AK 99669 Date :June 1, 1993 Book No. 93- Project No. 93201fi Drawn by ~~ STAFF REPORT TO!: P !& Z Commission PREPARED BY: La : Shot./Harvey DATE: 'June 17 ,, 1993 RESOLUTION NO. PZ '93-27 APPLICANT: Whitford 1902 Whitford Way Kenai, Alaska 99611 Requested .Action Resubdivision - Rhodes Legal Description; Subdivision of Gov't Lot 69, Sec 31, T6N, R11W, S.M., AK Minimum SF'>~7,200 All lots in compliance Present Zoning,, Suburban Residential (RS) Current Land Use Medium Density Residential ANALYSIS: All lots exceed the minimum lot size. No installation agreement required. Water and Sewer are available. RECOMMENDATIONS: Recommend approval of plat as submitted. ATTACHMENTS: 1. Resolution PZ 93-27 2. Plat C:\WP51\DOCS\PZ1993\STAFFREP ~''O.y Clh'Cl~' S~•f~ll, COTTO.•i•!~'OOl~ ~ CIXCI,h' i i 5 09'59"00'E 330.20' 33.00' 297.20' LOT 1 0 ~ 29.443 SF rn ~ S 89'S9'00'E 297.20' a 148.60' 148.60' ~ ~ N n ;' H ° ~' • LOT 2 3 LOT 3 M a o o a ~ 29.393 SF ~ "' °0 29. 393 SF c --~ ' n a z U o - o x a 0 z R - 20.00' L - 31.48' 128.60' 148.60' ~ 3r d AVE. 66' R. 0. ~P. N 09'S4'00'w 330"20' r t~ V y, `~, f ~ ~~~ ~ AIRPORT j ~ ~ ~ ^ T4ii S~i~. N• S yt is 1 6 4 S 0001( ~~aa i - t laE7 _ e !~'~~ VICIIdi`TY ItAP ~ o . 1" ~ )< I CERTiFlCATE OF OWNERSHIP AND DEDICATION 1 hereby certify that I a~ th• o~ner of th• real property •hosn and described hereon and that i hereby adopt this plan of sabdivlaion and by ey fre• consent dedicate all rights-of-.oy to public us• and grunt all eoaseeata to th• i~ ua• shorn. 0 a. a ARLENE GEORGE RHODES 1502 3rd AVE KENAI NOTARY'S ACKNOMILEDGEAIENT Subscribed and sworn before ^~ this day of . 143. For ~ ~~~ ~` v+ 0 0 m 0 a .~ ~. __ o v v~ a ~ __ - • ~- SC « D 1 / -- r • `" ~ ~...~ ~ ~ .~ .. ;, rn v i o o C= ~ Z ~ e cc - '~ Z O v n. •- m ~- o.. u { M Q • t ~ a.. ~ ,emu' R O 7. ~ u ~ v Qf W N 4 - ~ d C O ~-- • c QQ .~ p Z ,, r Jt- W a.a - C. F- d Y m Q ~ J 08'LLI 1~-- 'III H~.2~O~I ~ ~ ~ ~ ~ H ~ Di Y o ~3 ~ _ >~~ o ~ ~ i `~ ~ ~_ U1 J ~ ~ ~'" V1 ~ S ~ ~ ~~ W ~ ~ ~~ i`~ A ~ ~` ' n~ o Z ~ Iw ~ J _ Q ~ I ,. i ~ ~ :' T STAFF REPORT TO: P & Z Commission >PREPARED> BY: >~ La -.Shot'/Harxrey DATE: ' June 18 ,' 199>~3 '>RESOLUTION NO. N/A APPLICANT: Nathan O. & Gloryann Baily PO Box 3337 Kenai, Alaska 99611 Requested Action ' Vacation of Right-of-Way and Utility Easement Legal bescription''- Gov't Lot 12, Sec 1, T5N, R11W, S.M. KPB File 93-066 Present Zoning Rural Residential (RR) Current Land Use ' Medium Density Residential ANALYSIS: This petition seeks to remove remainder of easements so land can be replatted to reflect new boundaries and divisions without unneeded easements. Recently the Padgett's vacated the easement and right- of-way along Gov. Lot 13. As the Baily's were not in possession of the Gov. Lot 12 at the time, they were not able to go through the process together. RECOMMENDATIONS: Staff recommends P&Z send to Council for approval as all objections to the vacation have been resolved. ATTACHMENTS: 1. Letter from KPB Planning 2. Petition to Vacate 3. KPB Planning Commission Minutes 4. Site Location 5. Public Hearing Notice and Responses KENAI PENINSULA BOROUGI-. 144 N. BINKLEY • SOLDOTNA, ALASKA • 99669-7599 y BUSINESS (907) 262-4441 FAX (907)262-1892 ~. DON GILh. MAYOR June 16, 1993 Kenai City Council 210 Fidalgo Avenue Suite 200 Kenai, Alaska 99611 Dear City Council Members: ~~~~~ . ,~(- J(!N 193 ` ~~c~ ~ ~ a~~ RE: Petition to Vacate the Right-of-Way and Utility Easement Government Lot 12, Section 1, Township 5 North, Range 11 West, S.M. KPB File 93-066 In accordance with AS 29.40.140, no vacation of a city right-of-way and/or easement may be made without the consent of the city council. This vacation was approved by the Planning Commission at their June 14, 1993 meeting and is being sent to you for your consideration and action. The City Council has 30 days from June 14, 1993 in which to veto the decision of the Planning Commission. If no veto is received by the Commission within the 30 day period, the decision of the Commission will stand. A roll call vote was taken with all commissioners present voting yes. Attached are draft minutes and other related materials for your information. Sincerely, Richard P. Troeger Planning Director RPT: mes Attachments PETITION TO VACATE Eees - $200 non-refundable fee to help tising public hearing. Plat fees are fee. ~ ~'~03i ^(L^~~ f, ~• l f~ "; ',pPR 1993 ~,' ~ECLI~i P.d ~ N ~^~' ~ NI.ANTS11`1G GE R' o \~:e ^ i defray \co~s;Ea' "of%adver- in additionlto vacation [_] a public right-of-way dedicated by Subdivision filed as Plat No. in Recording District. [_] Utility easement as granted by Subdivision, filed as Plat No. in Recording District. Easement for public road or right-of-way as set out in (specify type of document) _ ~~ as recorded in Book ,;~.ZO Page 106 of the .pNp,,~, Recording District. (Copy of recorded document to be submitted with petition) [~ Section line easement [~]. Submit three copies of plat or map showing proposed vacation. If right-of-way or easement were granted by document; copy of document must be submitted. Has right-of-way been fully or partially constructed? [] Yes [] No Is right-of-way used by vehicles~or pedestrians? ~Qc] Yes [] No Is Section line easement being used for access? ~K] Yes [] No Is utility easement being used by utility company? [] Yes [] No If yes, which utility company? .~"rVE COrNGf0e8 GO(I~t~ L°C+tBe~ceN43 ~SCc belo-W Purpose o v acation Partial vacation bf easements (Padgett) should be completed by time of this application. This petition seeks only to remove remainder of ease- m divisions without unneeded ea em nra P i innnrG ~ ro no in nnaa a ~ ~ ~ ~ when Padgett made application for vacation or they would have been co-petitioners. *A Petitioner must provide reasonable justification for the vacation. Petition must be signed by owners of majority of the front feet of land fronting part of street; section line easement; or easement proposed to be vacated. Each must include mailing address and legal description of his/her property. Submitted by: Name Y' ~ , 6 ,1 t ~~6v~,ggU/J /rt ~ ~~~ Address ~, 3 Phone ~-$"3-,3~~{' Petitioners: Name : 1 ~ Name : ww,.rwr~ f ''~, .~,,` Address: ~_ Addresss p,l~~~ ~37~ Owner of Gad (L,Sec: (,TSw,nUU1C~-0wner of S property d scri tion) (Property description Name: Name: Address: Address: Owner of Owner of (property description) (Property description 5/A4 -`~ o • o. ~ ... /~ ~~~~ -~ ' ~~ i " ~ 2!S i~ y~~aw ~~~% 5 ~ T R. ~ . ~ . ~cZT76Yti l ~NF ~I#'S~i~'~E7Fr } r~ ~~ / _ ., ,~.. - _ , '~s~:~ . f,~:~ ~ ~~ . ~ iN .. r . ~, ~ •, ~ :~ .` k wg • /~ •~ .~ ~ ~ / 4~~~~~~~ -~~~ ~' f ,~' • M .v t' , .. r \`` ..., ~ t / 1 ~ ~ ,• c L- --. r- - • . . >- ' ~ ~' • ,~.~ • vA ~ trmt 360~aQ nAC~ / t1 /. • ttabera4t 0]2820 Taal pmaias l~ nL7~E ~t ~f ...~zrira . as aA d hspet tl)ettt yrramts t4an Lmes..testlaq: • w~~.., t earttAtay is the Bttetao of Lard 31taa ~I•todOL•.uat Aaehoeast .,1Ldyiam.depetitad . Jaae 1. 1930 (32 Stat~oDa9;) ha~ ~adDaDd b~eha~ ~ ~ is o[ Coatt.at of (39 Sett. 447), r 14, 1943 adthatehaaaOWaoaataltheteto.t.`.atia®at Oalbtet !. raa ilekla f Sat 6e_ aatab(iahd aad that the 1 Collette[ dturl6ed laad~~au of 4r i tt ~ eLim ~~ haaa ~ tar t8t . ateaed Maridlaa, Iluka. ~. ....J \Ll\. ~(..r11~Yi S. 3 a., a. 11 V•, ~_. - iii IU•6p1M • - Sta. 1, Lot 12. ~ The tree dsetzihad eoahiaa .a.~a1~U.~.k Li.~L urrlt:8 said 1aod, oa rile is the Bataan of Land OMaaasamaat:; ~°[ tO ~t °®Qv V4t of the t~Y~er of tho } YOW F.YOW TE. That the UHITE9 STATES OF AMERICA. is eoaaidttayiea aL N: pewuw DOES lLE1tE8Y CRANT unto the and elaimaat and m the hero of Ne and claimant tat tract abort aad ~'~ of ~hau~erNOsatsta. therwta nth aL the nshta, Dnn:a[a4 uamunrtia . and a~is:u of the said elaittaat Imarer: twb'aet ~ bnsins; Hato the acid daimaat aad m the heirs ' tai a[e5edtutaL yoga l () r reed atd atxead rare rthn tar taia- Haa with etch Hater n~~tf, a. mr tsoo[pitd ad nshta to ditches and rwrran asd is rnaaao• . dsoaieaa of t»arta; atd (2) the admarldid bf tAt kcal ta+aatma laws, aad aathaeib a< the United Staten, patio` of a tishtola'ar far ditehn er taaW mmrz'aetd Dr the eta YIq. 'llvea s ale ~O° with the ad of Ausmt 90.1890 (26 Star-;Sl, i8 U. S. G ~Ravh trtl tabpbaea h'~ia to tat [Jetted St+tat a rishWt-war for eha metwepy e( yyyyay TLS.Gatca061. ~ ~v asttiaalatthtaaad]taeeh12.1911 (3ae~-* Zpy, {8 asu}elan tad easerrlai. alas, to the Ualttd Stattt all oll, sat aad ether a/natal depetita, In the land ae yateactd, eosacber tech the risht to trregeet ter, ^laa, aad rues the eau aeeoedias to the ~teattleat et acid 4et et Jaaa 1, 1976, r Alt Dataai~ia teb3eet to a rlsbtroL-qr nee o:eeedln[ 30 !tat la wldth, for rtadwtr aad trablte atllltiat DarFetea, to b• loeaetd ales[ _~ wMtt wwedaty e! teed Lwd. - ~wiWU/Cy - F~ l f.~~ a., - IIr 1br[Ytart wariypr. Nt ttdenisaod aachotYatd o>dtar of tit~_']~ q ~ r1~ the 9arra at Lad Maattamaaa is aameoaaQ with W. ar~~~~ ~ ~ ~~ AR of late 1T, 1818 (62 Stet. Its), haa, Ou Uaitd S w `;.o V °^ ~Pattat ad the StY of the Rueeaa~ t~a beeeaeto nine ~mr had, is elu Dtstriet o[ Co:mbia, the e~ ~~~ ear of oesoaa: :, the rear of 3 thatuadaiwbmdradtta strr_oas ' and at the ladepdom of the Uaitd State the aoa haednd 07 G ; 6 7 1OQ atcazs_stzra. lbr eha D6aebsr, Rntaaa td Lod MangatasR ..~~,.~ fie Z i- ~; .:~: ~. 3 AGENDA ITEM E. PUBLIC HEARINGS 2. Petition to vacate the right-of-way and utility easement not to exceed fifty feet in width as reserved in patent 1223473, Book 220, Page 106, KRD, and vacate the underlying section line easement. All within west boundary of Government Lot 12, Section 1, Township 5 North, Range 11 West, Seward Meridian, City of Kenai, Kenai Recording District, Alaska. Petitioner(s): Nathan 0. and Gloryann M. Baily of Kenai, Alaska. Purpose as stated in petition: Partial vacation of easements (Padgett) should be completed by the time of this application. This petition seeks only to remove the remainder of the easements so the land (Baily and Padgett) can be replatted to reflect new boundaries and divisions without unneeded easements. The petitioners were not in possession of the land when Padgett made application for the vacation, or they would have been co- petitioners. Access to properties will be accomplished without need of easements. Staff report as read by Dick Troeger PC Meeting 6-19-93 Public notice appeared in the June 3 and 10, 1993 issues of the Peninsula Clarion. Fifteen certified mailings were sent to owners of property within 300 feet and to other interested parties. Thirteen of the receipts have been returned. One mailing was returned marked "Undeliverable as addressed. No forwarding order on file." Homer Electric Association has no objection subject to reserving a 20 foot easement for an existing overhead line. The Alaska Department of Transportation and Public Facilities states, "Based on the fact we have approved the vacation to the south, we have no objection to this vacation." The Alaska Department of Natural Resources, Division of Land states, "Our agency has no objection to the vacation provided the vacation of the easement on GLO 13 is finalized." No statements of objection were received. Findings of Fact 1. Section line and Government Lot easements to the south have been approved for vacation. - 2. Conservation easement has been granted through the vacation process of easements adjacent and to the south. 3. No surrounding properties will be denied access or utilities. STAFF RECOMMENDATIONS: Approve vacation of section line easement and Government Lot easement as petitioned, subject to the following conditions: 1. Provide easements requested by Homer Electric Association. 2. Completion and filing of plat(s) to accomplish vacation of easements adjacent and to south prior to filing of the plat to accomplish this vacation; OR plats may be submitted together; OR vacation may be combined on one plat. 3. Submittal of final plat must be submitted within one year of vacation approval. 4. The City Council of the City of Kenai, has thirty days in which they may veto Planning Commission approval of the vacation. NOTE: IF VACATION IS DENIED, THE PETITIONER HAS EIGHT CALENDAR DAYS IN WHICH TO APPEAL THE PLANNING COMMISSION DENIAL. WRITTEN APPEAL MUST BE SUBMITTED TO CITY CLERK. END OF STAFF REPORT KENAI PLANNING COMMISSION MEETING JUNE 14, 1993 PAGE 8 Chairman Hammelman opened the public hearing for comment. Seeing and hearing no one wishing to comment, Chairman Hammelman closed the public hearing and opened the discussion among the Commissioners. MOTION: Commissioner Knock moved, seconded by Commissioner Mumma, to approve the vacation of the section line easement and Government Lot easement as petitioned, subject to staff recommendations. A roll call vote was taken with all Commissioners present voting yes. The motion passed. KENAI PLANNING COMMISSION MEETING JUNE 14, 1993 PAGE 9 u1 f g / J ~~"~, "~ f spry ?` ~ '~/ •.- o r'' ,i ' ~ P i ~ 'r t. ~~ 4 ~ : TR. A ' --- • ~ ,t, oa y `O t 1 ~ , ~ IJ. ~, ~ '' -' A i IS fIG4 ,4 _ <• I,~ ~+ 11 .: 11 .1 i iA` _ `Jf.~srl ~ 'f ~7i7tYMq• 'i _ ' ' - ~~' ~ 1 t i~ A. .le, ~~ 7 .i t_' 7 /'fix, ~ ~.c raw, Y 1`t ~ A D( x= 1 t. ~~~ ~` ~,t ... _ '! 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V I C I N I T Y MAP #:i;• rt r~ }~~ ~' . s~ `,' 'j f `~ SHOWING APPROXIMATE LOCATION OF a ~'~; ~~ ~ .~,,.yf• ~~ PROPOSED VACATION ~1i °'' f'~t ~t's*YJT t ~~ ~1. ` f .v , .\ ..: •(: ~ t ~ }i jr1~e{~ h~~~`'t ~ ~.rt. ~l~ a a7 a .+.... 1~7~ ," t' k`s >a,.4 #~ L.r:~ YI tt r r 7 ) ~~~ \ ~ :'"a az F l i itf ~;j r ,n '' ~ii,,~, ~~ tl~, v. tti:•. Lti;{p~ ~ - ~ ,k:fFt7 I _.`_t"lyf ~,~v[xi s,l,, pay°~ i~ r.~ F~gi'i~,f"N9' Yptit ~t'`r) rt .•( ~~ r ~ ~ rtj~`t..i i P. N.'3 > ,~•l4t7 • ,'s i R:,. "# `~~ij'!v, ~.€~~"~~r,~i i ~~ ~~I ~~ ~.' tk,{r .:-. a ~ ~l;Y + } tv +s 'i:`~1~#, >fry ~1.s *.~1Fx,tntiY~a+`(~ ~ ~.T i ,F itS~!> i bb+y)~* a!'~9dr3 ~ (.I, trPjy r ~ ~ - ~K .7 a { W tty!'IN7 ~j { K{ t+Y~ , F ... >f ° ~~! ?~ ~rr~ •LRE ~ 1~'. ~ /~~i~~F~ ^`~. i•,,~r~~y,i•.~~ArL ~~~"y~,( H~k; 7 5...1n z ~ ' p _' i FA)~~Q .~C .In. I ~ Y3t! 1~ + f =. "ks>E ~i~#~q,. ~, r,~ s: ; ;'i . ~ rt ~~~' ilk . Y f ,, r ,, ~e~r^ r ~t}P i y,r ^ ; , . 7 -."i0 4~~,j' ~ (f~5ir ~~ t ..~~ S i `• 1.°~ 11f~y,.i~~#T4`i ^,> 4, ..<<7'+,.' t ~tno ~`: fl - ;``.. "~YF'!tfyj~j3~ ~ "fit - 1' - 4 `+ f~~~is ~~ .'Wily ~ ` _ ~h 1VU1t ~i 741 s • k ~. 't ~ tt ~ k.: V ,~ r ~ ., ~` '.;.. ~ ,~ . ~. ~~~~ J. ~ ! . ! 2t~ ~, I ' v ~~ 3 ~, ` yea. ~ ~ $JN V!~ ~: A ~ ~ ~rzTSe~-. (..vim ~~SE~EJ-T ~~ ~1. T#R . 2 ~. :~.. ;~ _ ~ ~Y ~ ,~- . 1,`;.~ ~ ~`~ . ~ r. ~ .. K ~./.%~. `YO ~C~ ..\ / ~• ,.. _ - .. ,~ . ~ ~ _ N .v '' .. 1 1 ~`` • • ~ /~ 1 ~ a~o~~~ti ~ ~~ ~w~~~~ w ,~~ ..__. . __..__ 5. K~11~41 P~~`Jf~,iSllL,,4 Spi~pL,l~~-7 ~= 144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599 i_ ~, BUSINESS (907) 262-4441 FAX (907)262-1892 DON GILMAN MAYOR May 27, 1993 CORRECTED NOTICE OF PIIBLIC HEARING Recently, the Planning Department, sent you a notice of a public hearing regarding a petition to vacate an easement within Govern- ment Lot 12, Section 1, Township 5 North, Range it West, Seward Meridian, City of Renai, Renai Recording District. Attached is a corrected copy of that notice. The correction being the addition of the vacation of the section line easement underly- ing the patent easement. Public hearing date has not changed. Robbie Harris Platting Officer PENINSULA CLARION KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate right-of-way and utility easement. Area under consideration is described as follows: A. Location and request: Vacate the right-of-way and utility easement not to exceed fifty feet in width, along west bound- ary of Government Lot 12, Section 1, Township 5 North, Range it West, Seward Meridian, Kenai Recording District, City of Kenai, Alaska. Said easement is as set out in patent 1223473, recorded in Book 220 Page 106, Kenai Recording District. B. Purpose as stated in petition: Partial vacation of easements (Padgett) should be completed by time of this application. This petition seeks only to remove remainder of easements so land (Baily and Padgett) can be replatted to reflect new boun- daries and divisions without unneeded easements. Petitioners were not in possession of land when Padgett made application for vacation or they would have co-petitioners. Access to properties will be accomplished without need of easements. C. Petitioner(s): Nathan O. and Gloryann M. Baily of Kenai, Alaska. Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, June 14, 1993. commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting to be held in the Borough Administration Building, Soldotna, Alaska. Anyone wishing to testify may come to the above meeting to give testimony; or may submit a written statement to the attention of Richard Troeger, or Robbie Harris, Kenai Peninsula Borough Planning Department - 144 N. Binkley Street - Soldotna, Alaska 99669. Writ- ten testimony should be received by the Planning Department no later than Thursday, June 10, 1993. For additional information contact Robbie Harris or Richard Troeger, Resource Planning Department, 262-4441 (1-800-478-4441 toll free within Kenai Peninsula Borough). Robbie Harris Platting Officer PUBLISH 2X (June 3 & 10, 1993.) WALTER /. H/CKEL, GOVERNOR jq] ~ O i L ~ ~' ~ DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES 4111 AV/AT/ONAVENUE P.O. BOX 196900 CENTRAL REGION - DlV/S/ON OF DESIGN AND CONSTRUCT/ON ANCHORAGE, ALASKA 99519-6900 RIGHT OF WAY BRANCH (FAX 248-9456) (907) 266-1621 June 7, 1993 Re: Section Line Easement Vacation, Section 1 TSN, R11W, Seward Meridian Ms. Robbie Harris Platting Officer Kenai Peninsula Borough 144 North Binkley Street Soldotna, Alaska 99669 Dear Mr. Harris: The State of Alaska Department of Transportation Facilities, Right of Way Branch has reviewed the vacation of the above described section line easement. sic sed Based on the fact that we have approved the vacation to the south, we have no objection to this vacation. Your cooperation is appreciated. If you have any questions please contact Bill Butler at 266-1646. Sincerely, aniel W. Beardsley, SR/WA Chief Right of Way Agent Central Region JS/BB/jh ~67 8 9 7~~ r7 rya ,'~ ~ .>~ ° `1 ~,~;~ JUi~ 1993 ' ° RECEIl~ED ~ ~. ~ KENA! PEt~IN SDRQ ~ ', ~ PLANMiNG DEPT. p; ca w ~```,9 _ ~ Off' 5~ \...VROJECTSLFASIMT\GYO. LiR WALTER J. H/CKEL, GOVERNOR DEPARTMENT OF NATURAL RESOURCES DlV/S10N OF LAND SOUTHCENTRAL REGION June 1, 1993 Robbie Harris, Platting Officer Kenai Peninsula Borough 144 N. Binkley Street Soldotna, Ak 99669 3601 C STREET P.O. BOX 107005 ANCHORAGE, ALASKA 99510-7005 ~:~~i~3~V5~ .- • ~~^ J V l~ V~ .~ y JUNloy~ o KE RECEIVE-; N~1 E1~1 ! ~d G G'. T. ~~ Re: Nathan and Gloryann Baily Easement Vacation Request \1ZOZo~S~ Dear Ms. Harris: The Southcentral Region of the Division of Land has reviewed the request to vacate the subject easements. Mr. and Mrs. Baily of Soldotna. It is my understanding that the remainder of the easement will soon be vacated following several months of negotiations between the landowners, the Division of Parks and Outdoor Recreation and the Borough. As we discussed on the telephone our agency has no objection to the vacation provided the vacation of the easement on GLO 13 is finalized. If you have any questions about this correspondence please call me at 762-2270. Sincerely, /' `^~ . Mike ullivan Natural Resource Manager cc Chris Titus 10-J16LH .Homer Electric Association, Zac. ., ~ ~ CENTRAL °ENINSULA SERb'1CE CENTER 280 AIRPORT WAY • POUCH 5280 • KENA1, ALASKA 99617 • (907 283-5831 June 1, 1993 Ms. Robbie Harris Kenai Peninsula Borough Planning Department 144 N. Binkley St. Soldotna, AK 99669 Dear Robbie, Re.: Section Line/Utility Easement Vacation Request Govt. Lot 12, Sec. 1, T 5 N, R 11 W, S.M. Nathan O. & Gloryann M. Baily, Petitioners ~~^_ 3456? ~ ~ ~/ ~ ~° A 'o~ ~q JUP~ 1993 ~ RECEIVED r N KEN~I PEt~IRI $ORO °' PLA$NI}'v(i DEPT c~ ~~~ ~~~~ ~^>~,LZOZ6ti~~, Please be advised that Homer Electric Association has no objection to the proposed vacation. HEA does however reserve a 20 ft. utilty easement centered on the existing overhead powerline. Thank You, Dave Bear R/W Agent ~G *************************~*******+t******************************** MEMORANDUM ****************************************************************** DATE: June 11, 1993 TO: Keith 1Cornelis, Public Works Director FROM: Jack La Shot, City Engineer RE: BEER SIGN - RAINBOW BAR The Code does not specifically address signs within the TSH Zone, either in KMC 14.20.105 Townsite Historic (TSH) Zonina District or KMC 14.20.220 Sian and Advertising Devices. Even in "Commercial and Industrial Zones, "wall" signs are not limited by square footage as the freestanding type signs are. The only problems I can find is under 14.20.200 (6) and (9), which state: (6) Signs shall be erected and maintained plumb, level, and true, and kept repaired, painted and maintained. (9) All signs except temporary signs shall be designed according to the Uniform Sign Code. I haven't been able to locate a permit for the sign either, therefore we could write the owners and give them 10 days to come into compliance with the KMC for the above mentioned items. /oQ. AGENDA RENAI CITY COUNCIL - REGIILAR MEETING JUNE 16, 1993 7:00 P.M. RENAI CITY COUNCIL CHAMBERS A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. $.a3t~i Swisher/Chrystal Smith - Alaska Municipal League Update Presentation 2. Lucille Hadden - Director of Visitor Services/Kenai Visitors & Convention Bureau, Inc. C. PUBLIC HEARINGS 1. Approval - Settlement Agreement Between the City of Kenai and MSM Partnership (Inlet Woods). 2. Ordinance No. 1546-93 - Amending Kenai Municipal Code, Chapter 20.05 Entitled, "Vehicles-For-Hire." 3. Ordinance No. 1547-93 - Amending KMC 7.12 to Provide for Monthly Filings of Hotel/Motel Room Tax Returns for Certain Delinquent Accounts. 4. Ordinance No. 1548-93 - Finding That a Portion of the Southeast 4, Section 36, T6N, R12W, S.M. (A 200' Strip Along Evergreen Street), City-Owned Lands, is not Required for Public Use and May Be Sold. 5. Ordinance No. 1549-93 - Amending the Kenai Municipal Code 14.20.150 to Include Revocation of Conditional Use Permits. -1- 6. Ordinance No. 1550-93 - Amending the Official City of Kenai Zoning Map for a Portion of the SE4i Section 36, T6N, R11W, S.M. (a 200 Foot Strip Along Evergreen Street). 7. Resolution No. 93-46 - Transferring $1,450 in the Public Works Department for the Purchase of a Computer Upgrade. 8. Resolution No. 93-47 - Transferring $2,776 in the General Fund for Replacement of the Ice Machine at the Recreation Center. 9. Resolution No. 93-48 - Transferring $4,000 in the General Fund for Additional Repair and Maintenance Supplies in the City Shop. 10. Resolution No. 93-49 - Transferring $4,147.55 in the Congregate Housing Capital Project Fund for Reinspection Costs. 11. Resolution No. 93-50 - Awarding the Security Services Contract for the Airport Terminal Building, for the Period July 1, 1993 Through June 30, 1996, to Guardian Security Systems, Inc., for $1,274.00 Per Month. 12. Resolution No. 93-51 - Authorizing the Execution of Cooperative Participation Agreements Among Alaska Municipalities and School Districts Creating the Alaska Municipal League Joint Insurance Arrangement. 13. Resolution No. 93-52 - Transferring $5,.000 in the General Fund for Additional Attorney Fees in the Inlet Woods Litigation. 14. Resolution No. 93-53 - Awarding a Radio Maintenance Contract to Southcentral Communications for a Three- Year Period. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINIITES 1. *Regular Meeting of June 2, 1993. -2- F. 1. *6/3/93 Senator Murkowski Letter - Regarding Overland Avenue Easement. 2. 6/8/93 APRN/Voices of Alaska - Request for Contribution/"The Wisdom and Words of Peter Kalifornsky. " G. OLD BIISINE88 1. Approval - Lease of Airport Terminal Spaces 28, 29, 30 and 31 - MarkAir. 2. Discussion - Elementary School Renovation/Construction. H. NEW BIISINE88 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1551-93 - Establishing Section 13.10.060 of the Kenai Municipal Code, Entitled Sanitary Facilities for Camping on Private Property. 4. Discussion - Settlement/Change Orders - Kenai Courthouse Project. 5. Discussion - Airport Commission Recommendations. 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. EXECIITIVE SESSION - City Clerk and City Attorney Evaluations. L. ADJOURNMENT -3- /D~. KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING CONFERENCE ROOM B SOLDOTNA, ALASKA June 14, 1993 7:30 P.M. Jahn Hammelman Chairmen, Areewide Term Expires 1993 Philip Bryson Vice Chairman Kenai City Term Expires l 995 Robert Clutts PC Member Anchor Point Term Expires 1995 Lero y Gannewa y PC Member Homer City Term Expires 1995 Debra Horne PC Member Kasilof Aree Term Expires 1994 Keith Hursh PC Member Nikiski Term Expires 1993 Tom Knack PC Member Cooper Landing Term Expires J 995 Susan Mumma PC Member Se/do vie Ciry Term Expires 1994 Ann Painter PC Member Moose Pass Area Term Expires 1994 Jodie Thomas PC Membai Soldotna Ciry Term Expires 1993 Chester Thorne PC Member Seward City ', Don Gilman, Mayor Richard Tioeger Planning Director Maria Swappy Administrative Asst. Tentative Agenda A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA 1. Time Extensions a) Baronof Terrace Singree Addition KPB 91-044 Location: West Cabin Lake RECOMME~WDATION: Extend approval through June 1d, 1994. 2. Plat Amendment Requests a) Hanilie Subdivision Plat 83-257 KRD KPB File 93-079 RECOMMENDATION: Grant permission to release original mylar to survey firm for amending as requested 3. Plats Granted Administrative Approval a. Soldotna Junction Sub. Addition No. 13 KPB File 92-079 b. Eagle Estates KPB File 93-009 c. Mackey Lake Station KPB File 93-059 d. Jimani Subdivision No. 2 KPB File 93-016 e. Dimond Bivd. Right-of-Way Acquisition KPB File 92-095 Final Approval of Plats Submitted Under 20.04.070 f. Baron Park Service Addition KPB File 93-055 g. Section Line Easement Vacation Plat Associated with Lots 4, 5, 6, Brock 3, Rappe-Gallant Sub. KPB File 92-115 h. Alaska State Land Survey No. 92-21 KPB File 93-082 4. Coastal Zone Management Consistency Review a. Kachemak Bay; Wetland Fill; Beluga Lake 15; City of Homer; AK930526-47A 5. Informational Items a) Conclusive Consistency Determinations b) Anchor Point; Temporary Water Use; Quality Asphalt Paving, Inc.; TWP 93-16. c) Moose Pass; Temporary Water Use; Green Alaska Company; TWP 93-18. d) Kenai River; Bank. Stabilization; Brust; FG•93-II- 0385. e) Kachemak Bay; Annual Dredging/Homer Small Boat Harbor; U.S. Army Corps of Engineers; AK930506- 08A. ~- f) Kasilof/Kalifornsky; Right-Of-Way; Keener Packers, Inc.; ADL 226106. g) Anchor Point; Timber Harvest/Notification of Operation; Harris and Associates; KK 93-13. h) Kachemak Bay; Quarry Development for Homer Spit Storm Damage Reduction; AK810913-08A; AK930423- 35A. i) Ninilchik; Timber Harvest; Kluckwan Forest Products; SC88-07 j) Anchor Point; Timber Harvest/Notification of Operation; KBI/Joyce; KK 93-14. k) Cooper Landing; Dock Relocation; Kenai River 150; Bethe; AK870501-02A I) Shore Fishery Leases; Applications and Renewals m) Anchor Point; Notification of Operation; Anderson; KK 93-15. n) Anchor Point; Timber Harvest/Notification of Operation; Wiederhold/Joyce; KK 93-16. o) Seward; Wetland Fill; Resurrection Bay 97; National Oceanic and Atmospheric Administration. p) Hope; Mining; Turnagain Arm 37; Drechrowicz; AK930518-36A; 1-930295 q) Kachemak Bay; Little Jakalof Bay 1; Floating Dock; Rhyneer/McKay; AK930518-38A 6. Commissioners Excused Absences 7. Approval of Minutes a. May 24, 1993 D. PUBLIC PRESENTATIONS WITH PRIOR NOTICE E. PUBLIC HEARINGS Petition to vacate the entire of Collins Street public right-of- way, as dedicated by Resubdivision of Smith Slater Subdivision 1968 Tract 4 (plat 78-20 KRD). Sec. 30, TSN, R9W, S.M., AK. KPB File 93-070 2. Petition to vacate right-of-way and utility easement, as granted by patent, west boundary of Government Lot 12, Section 1, Township 5 North, Range 11 West, S.M., Kenai Recording District, City of Kenai, Alaska. KPB File 93-066 3. Receive testimony concerning the proposed classification of certain lands in the Eastern, Northern, and Central Peninsula as resource extraction, recreational, and rural. The area contains 17,275 acres, more or less. F. VACATION PETITIONS NOT REQUIRING A PUBLIC HEARING 1. Petition to vacate portion of utility easement within Lot 49, Bay Ridge Estates Unit No. 2 Subdivision RES 93-15: Vacating fifteen feet of electric easement within the southerly 44 feet; and vacating ten foot of electric easement within northerly 39 feet of Lot 49, Bay Ridge Estates Unit No. 2 (plat 75-44 HRD); Sec. 12, T6S, R14W, S.M., Alaska KPB File 93-074 /Ob. _~ KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING CONFERENCE ROOM B SOLDOTNA,ALASKA June 14, 1993 7:30 P.M. John Hammelman Chairman, Areawide Term Expires 1993 Philip Bryson Vice Chairman Kenai City Term Expires 1995 Robert Clutts PC Member Anchor Point Term Expires 1995 Leroy Gannaway PC Member Homer City Term Expires 1995 Debra Horne PC Member Kasilof Area Term Expires 1994 Keith Hursh PC Member Nikiski Term Expires 1993 Tom Knock PC Member Cooper Lending Term Expires 1995 Susan Mumma PC Member Se/do via city Term Expires 1994 Ann Painter PC Member Moose Pass Area Term Expires 1994 Jodie Thomas PC Member Soldotna City Term Expires 1993 Chester Thorne PC Member Seward City Don Gilman, Mayor Richard 7roeger Planning Director Marie Sweppy Adminisfrarive Asst. Tentative Agenda A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA 1. Time Extensions a) Baronof Terrace Singree Addition KPB 91-044 Location: West Cabin Lake RECOMIIIIENDATlON: Extend approval tl~rougr June 14, 1994. 2. Plat Amendment Requests a) Hanilie Subdivision Plat 83-257 KRD KPB File 93-079 RECOMMENDATION: Grant permission to release original mylar to survey firm for amending as requested 3. Plats Granted Administrative Approval a. Soldotna Junction Sub. Addition No. 13 KPB File 92-079 b. Eagle Estates KPB File 93-009 c. Mackey Lake Station KPB File 93-059 d. Jimani Subdivision No. 2 KPB File 93-016 e. Dimond Bivd. Right-of-Way Acquisition KPB File 92-095 Final Approval of Plats Submitted Under 20.04.070 f. Baron Park Service Addition KPB File 93-055 g. Section Line Easement Vacation Plat Associated with Lots 4, 5, 6, Block 3, Rappe-Gallant Sub. KPB File 92-115 h. Alaska Mate Land Survey No. 92-21 KPB File 93-082 4. Coastal Zone Management Consistency .Review a. Kachemak Bay; Wetland Fill; Beluga Lake 15; City of Homer; AK930526-47A 5. Informational Items a) Conclusive Consistency Determinations b) Anchor Point; Temporary Water Use; Quality Asphalt Paving, Inc.; TWP 93-16. c) Moose Pass; Temporary Water Use; Green Alaska Company; TWP 93-18. d) Kenai River; Bank. Stabilization; Brust; FG-93-II- 0385. e) Kachemak Bay; Annual Dredging/Homer Small Boat Harbor; U.S. Army Corps of Engineers; AK930506- 08A. Petition to vacate portion of utility easement within Lot 2, Block 2, Skyview Heights Addn 1 RES 93-16: Vacating one square feet of utility easement centered on existing well casing within Lot 2, Block 2, Skyview Heights Subdivision Addition No. 1 (Plat 79-29 KRD); Sec. 1, T4N, R11W, S.M., Alaska KPB File 93-073 G. SPECIAL CONSIDERATIONS 1. Exception request to 20.20.230 Building Setback Requirements -RES 93-17: Granting an .exception to the twenty foot building setback limit for a portion of Lot 1, Block 3, Stubblefield Subdivision Addition 2 KPB Fite 93-075 2. Plat Waiver Applications a) Scott, Hugh -- RES 93-18: Granting a waiver to platting requirements for certain lands within Sec. 4, TSS, R15W, S.M. HRD, Alaska. KPB File 93-080 b) Stevens, Paul -- RES 93-19: Granting a waiver to platting requirement for certain lands within Sec. 10, T2N, R12W, S.M. KRD, Alaska KPB File 93-081 H. CONSIDERATION OF PLATS 1. Alaska State Land Survey 92-138 Cooper Landing; Rev. Preliminary; McLane ~ Assoc. KPB File 93-046 2. Gann's Corner Subdivision Part One Scout Lake Loop; Preliminary; McLane >~ Assoc. KPB File 93-077 3. Fair Ridge Subdivision Part Two South of Longmere Lake; Preliminary; McLane S Assoc. KPB File 93-076 4. Gemini Park Atchison Replat Kenai City; Preliminary KPB File 93-078 COASTAL MANAGEMENT CONSISTENCY REVIEWS J. OTHER/NEW BUSINESS K. ASSEMBLY COMMENTS L. DIRECTOR'S COMMENTS M. COMMISSIONER COMMENTS N. ADJOURNMENT AGENDA RENAI CITY COUNCIL - REGULAR MEETING JUNE 16, 1993 7:00 P.M. RENAI CITY COUNCIL CHAMBERS A• CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4.' Consent Agenda *Al1 items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Rent Swisher/Chrystal Smith - Alaska Municipal League Update Presentation 2. Lucille Haddon - Director of Visitor Services/Kenai Visitors & Convention Bureau, Inc. C. PUBLIC $EARINGS ,~jop~oy~t' 1 • Approval - Settlement Agreement Between the City of Kenai and MSM Partnership (Inlet Woods). ~u~i ~~ 2. Ordinance No. 1546-93 - Amending Kenai Municipal Code, Chapter 20.05 Entitled, "Vehicles-For-Hire." /~~~~e~o 3. Ordinance No. 1547-93 - Amending KMC 7.12 to Provide u, for Monthly Filings of Hotel/Motel Room Tax Returns for Certain Delinquent Accounts. ~~~~ 4. Ordinance No. 1548-93 - Finding That a Portion of the ~. Southeast 4, Section 36, T6N, R12W, S.M. (A 200' Stri Along Evergreen Street), City-Owned Lands, is not P Required for Public Use and May Be Sold. ~~`~~ 5. Ordinance No. 1549-93 - Amending the Kenai Municipal Code 14.20.150 to Include Revocation of Conditional Use ' Permits. -1- F. CORRESPONDENCE 1. *6/3/93 Senator Murkowski Letter - Regarding Overland Avenue Easement. 2. ~~ 6/8/93 APRN/Voices of Alaska - Request for ~~~' Contribution/"The Wisdom and Words of Peter Ka 1 i f ornsky . " G. OLD BIIBINESS i?~Y~'6 Approval - Lease of Airport Terminal Spaces 28, 29, 30 and 31 - MarkAir. a~ ~~~ lJ 2. ..~ Discussion - Elementary School Renovation/Construction. H. NEW BIISINE88 ~~~,~~ 1. Bills to be Paid, Bills to be Ratified ,~~~r~~ 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1551-93 - Establishing Section 13.10.060 of the Kenai Municipal Code, Entitled Sanitary Facilities for Camping on Private Property. ,~~u~~i~~4. Discussion - Settlement/Change Orders - Kenai ~~~~~a'. Courthouse Project. CJ~ ~~~ Discussion - Airport Commission Recommendations. RATION R~RTS~ ~` ~~v~`~ :~~ ADMI I NIST 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 E%ECIITIVE SESSION - City Clerk and City Attorney Evaluations. L. ADJOURNMENT -3- CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING SIGN-IN SHEET Subject of Hearing: D~LQi ~.lv 13 vZ~ `E" ~~v 13'~~ / Date of Meeting• ~. ~~~ ~~/,> NAME ADDRESS PLANNING AND ZONING COMMISSION MEETING DATE ~ 3, / ~ 9,3 , a ~~/ ~~~ ~ '~ ~ `~ ~~ ~ ~' a ~~ N ROLL CALL Duane Bannock ~~ Phil Bryson Carl Glick Ron Goecke ~ Lori McComsey x. ~, Kevin Walker ~ ~, Councilman Smalley TO DO LIBT: ., / I r A `~ ~/ ~ n r ~~~ ~~- ~~ ~~ h =¢- 3~~'