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Home My WebLink About2014-10-22 Planning & Zoning PacketPUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA Iss: Georgia Putney being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the P_F.LAg_enda a printed copy of which is hereto annexed was published in said paper one each and every delay for one successive and consecutive day .. in the issues on the following dates: October 17 2014 X SUBSCRIBED AN SWORN to me before this day of 2014 NOTARY PUBLIC in favor for the CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA < October 22, 2014 - 7:00 P.M. http://wwmi.ei.kenai.ak.us 1 SCHEDULED PUBLIC COMMENT: None 2. CONSIDERATION OF PLATS: a. PZ14-22 — Preliminary Original "Triple C" Subdivision, Submitted by Ability Surveys, 152 Dehel Ave., Homer, AK 99603 3. PUBLIC HEARINGS: None 4. UNFINISHED BUSINESS: None 5. NEW BUSINESS: None Wilma Anderson Planning & Zoning Administration Publish: October 17, 2014 D407/211 State of Alaska. ette Evan S My Commission expires 1-Jun-18 Q" �oPALP7' COMMISSION CHAIR REPORT October 22, 2014 REGULAR COMMISSION MEETING REQUESTED SUPPORTING MATERIALS ADDED TOP CKET BY: ADD: 5a PZ14-22 Memorandum to Commissioners and Resolution PZ14-22 - Administration "Triple C" Subdivision 10b Tentative Agendas for Plat Committee and Planning Commission - Administration October 27, 2014 meeting "Villa e with a Past, Ci+ with a Future" --tv -^ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 �/// > Telephone: 907-283-7535 / FAX: 907-283-3014 11111, \flre city of _ 1992 V MEMORANDUM: TO: Planning and Zoning Commission FROM: Matt Kelley, City Planner DATE: October 22, 2014 SUBJECT: PZ14-22 Revised Resolution and Conditions of Approval The purpose of this correspondence is to revise the recommended Conditions of Approval for PZ14-22 and introduce new recommended Conditions of Approval. REVISED CONDITIONS: In the Staff Report, staff discussed the recommendation that pursuant to KMC 14.10.080, the City would require the construction of Fox Avenue as shown on the preliminary plat. After review of this recommendation with City Administration, Staff would like to recommend that this condition be removed and replaced with: A. Fox Avenue as shown on the preliminary plat shall be dedicated to a width of 30 feet and a distance of 661.14 feet. As a condition of this preliminary plat roads are not required to be constructed. Future re -subdivision of this plat shall require the construction of Fox Avenue as shown on this plat. The replacement of this condition would allow for the dedication of Fox Avenue as it is shown on the preliminary plat. It would also allow for the requirement that in the future, if re -subdivision of this plat occurs, it would be constructed. With regards to previous Condition B, staff would like to recommend that it be removed as well as the recommendation in the staff report regarding references to the Municipality of Anchorage Standard Specifications (MASS) and the City of Kenai Standard Road Sections. Road construction would subject to KMC Chapter 14.10 as it is outlined in the City of Kenai Subdivision Regulations. As discussed in the staff report KMC 14.10.080(f) requires the extension of sewer lines if they are within 1,500 feet of the nearest lot line. After discussion with City Administration, it has been recommended that this requirement not be required at this time due to no residences being proposed. Page 1 Staff would recommend that pursuant to requirements outlined in the KMC, if future construction of on -site water wells and septic systems occurs and if a proposed single- family residence is located within 200 feet of City Public Utilities. These systems shall be approved by the City of Kenai and the State of Alaska. Therefore, staff recommends Condition B as it has been revised to read: B. Construction of onsite septic system(s) or water well (s) shall require the approval of the City of Kenai and the State of Alaska if they are located within 200 feet of public water or sewer mains. With regards to revised Conditions D and E, staff has reviewed the As -Built Plan Sheets for ,Japonski Drive, Fox Avenue, and McCollum Drive. City Administration has indicated and City Public Works has verified that the location of water and sewer lines is accurate as depicted on the above referenced As -Built Plan Sheets. Therefore, staff recommends that Condition D be revised to read: D. Amend Plat Note 4 to read: "Location of water and sewer utilities are based upon As -Built Plan Sheets 26, 30 and 34 of Water and Sewer Improvements for McCollum Drive, Fox Street and Japonski Drive. Staff also recommends that Condition E be revised to read: E. Revise preliminary plat to show continuation of water line down Japonski Drive as shown on As -Built Plan Sheet 34 of Water and Sewer Improvements for Japonski Drive. Page 2 CITY OF KENAI -- - PLANNING AND ZONING COMMISSION �vl RESOLUTION NO. PZ14-22 the SUBDIVISION PLAT KEN � SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat of "TRIPLE C SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission on October 22, 2014, and received from Ability Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned Rural Residential (RR) and therefore subject to said zone conditions. 2. City Water is available. If a dwelling(s) are constructed within 200 feet of an existing City water main, pursuant to KMC 17.10.10(a) connection to public water system shall be required. 3. City Sewer is available. If a dwelling(s) are constructed within 200 feet of an existing City sewer main, pursuant to KMC 17.20.010(a) connection to public sewer system shall be required. 4. Plat does not subdivide property within a public improvement district subject to special assessments. 5. The status of surrounding land is shown on the plat. 6. Utility easements, if required, shall be shown. 7. Surveyor shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONDITIONS: A. Fox Avenue as shown on the preliminary plat shall be dedicated to a width of 30 feet and a distance of 661.14 feet. As a condition of this preliminary plat roads are not required to be constructed. Future re -subdivision of this plat shall require the construction of Fox Avenue as shown on this plat. B. Construction of onsite septic system(s) or water well (s) shall require the approval of the City of Kenai and the State of Alaska if they are located within 200 feet of public water or sewer mains. C. The 30-foot right-of-way being dedicated a distance of 280.02 feet along the east property line shall be increased to 610.04 feet along the full length of the eastern property line. D. Amend Plat Note 4 to read: "Location of water and sewer utilities are based upon As - Built Plan Sheets 26, 30 and 34 of Water and Sewer Improvements for McCollum Drive, Fox Street and Japonski Drive. E. Revise preliminary plat to show continuation of water line down Japonski Drive as shown on As -Built Plan Sheet 34 of Water and Sewer Improvements for Japonski Drive. F. References to adjacent subdivisions shown of preliminary plat shall be changed from HM to KN. G. The document referenced in Plat Note 3 shall be corrected to read as 2003-003812-0. H. Title block of subdivision location shown on preliminary plat shall be revised to state NW1/4 SW1/4 NW1/4 SEC. 34, T6N, R11, S.M., CITY OF KENAI, KENAI PENINSULA BOROUGH, KENAI RECORDING DISTRICT, STATE OF ALASKA. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE "TRIPLE C" SUBDIVISION SUBJECT TO THE CONDITIONS OF APPROVAL LISTED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OCTOBER 22, 2014. CHAIRPERSON: Jeff Twait, Chairman ATTEST: Sandra Modigh, City Clerk MEMBERS Paulette Bokenko- Carluccio City of Seldovia Term Expires 2015 Alice Joanne Collins Anchor Point / Ninilchik Term Expires 2016 Sandra Holsten East Peninsula Term Expires 2016 Blair Martin Kalifornsky Beach Term Expires 2015 Robert Ruffner Clam Gulch/Kasilof Term Expires 2015 James Isham Sterling Term Expires 2015 Paul Whitney City of Soldotna Term Expires 2017 KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 6:30 p.m. October 27, 2014 Tentative Agenda A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences 3. Minutes a. October 13, 2014 Plat Committee Minutes D. PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS 1. Pucker Ridge ROW Dedication.................................................................1 KPB File 2014-142 [Johnson/Matti] Location: Caribou Hills area 2. Beaver Dam Estates 2014 Replat.......................................................... 28 KPB File 2014-143 [Johnson/Granath, Lagomasino] Location: On K-Beach Road in Kenai 3. Veal Sub Paragon Addn......................................................................... 48 KPB File 2014-144 (McLane/Veal] Location: On Hinerman Road in Nikiski 4. Sterling Airpark Sub 2014 Addn............................................................ 66. KPB 2014-145 [Integrity/Christensen] Location: On Jacobsen Avenue in Sterling 5. Marriot Sub 2014 Addn........................................................................... 88 KPB File 2014-146 [Integrity/Hanson, McCorison] Location: On Nenana Avenue in Sterling F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. OTHER / NEW BUSINESS H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, November 10, 2014 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone:907-714-2215 Fax:907-714-2378 Phone: toll free within the Borough 1-800-478-4441, extension 2215 e-mail address: Lanninorciborouch.kenai_ak.us web site: www.borough.kenai.ak.us/planninod�t KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 October 27, 2014 - 7:30 P.M. Tentative Agenda Paulette Bokenko- ccio PC Member PC M A. CALL TO ORDER City of Seldovia Term Expires 2015 B. ROLL CALL Philip Bryson Chairman C. APPROVAL OF CONSENT AND REGULAR AGENDA Kenai City All items marked with an asterisk (`) are consent agenda items. Consent agenda items are Term Expires 2016 considered routine and non -controversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Alice Joanne Collins Commissioner so requests in which case the item will be removed from the consent agenda and PC Member considered in its normal sequence on the regular agenda. Anchor Point! N[nilchik Term Expires 2016 If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Cindy Ecklund Chairman of your wish to comment. PC Member City of Seward *1. Time Extension Request Term Expires 2017 Dr. Rick Foster a. Thompson Park 2013 Replat....................................................... 1 Parliamentarian KPB File 2013-051; Segesser/Boyd Southwest Borough Location: City of Kenai Term Expires 2017 Sandra Key Holsten b. SLE Vacation Assoc. with Dierich Addn. Lot 46-1 ...................... 4 PC Member KPB File 2010-172 & 2010-177; Imhoff/Stark East Peninsula Location: City of Homer Term Expires 2016 James [sham C. Widgeon Woods Phase Two ........................................................ 8 PC Member KPB File 2012-037; Integrity/KPB, Lane, CIRI Sterling Location: Off Ciechanski Road in Kenai Term Expires 2015 Harry Lockwood d. Anchor Crest 2011.....................................................................12 PC Member KPB File 2011-041; Imhoff/Kyllonen Ridgeway Location: Old Sterling Hwy in Anchor Point Term Expires 2016 Anchor Point APC Blair Martin Vice Chairman *2. Planning Commission Resolutions Kalifomsky Beach Term Expires 2015 a. KPB PC Resolution SN 2014-06; Renaming certain .................15 Robert Ruffner public rights -of -way within Section 12, T6S, R14W; SM, PC Member AK; within Emergency Service Number 202. Renaming Kasilof/Clam Gulch Sheep Dr to Mineral Dr. Renaming certain public Term Expires 2015 rights -of -way within Section 33, T3N, R11W, SM, AK, Jason Taudainen within Emergency Service Number 302, Renaming PC Member Horsetail Ave to Escalante Ave. Northwest Borough Term Expires 2017 *3. Plats Granted Administrative Approval ................................................... 20 Franco Venuti PC Member *4. Plats Granted Final Approval (20.10.040) - None Homer City Term Expires 2016 Paul Whitney PC Member City of Soldotna Term Expires 2017 Max J. Best Planning Director Mike Navarre Borough Mayor *5 *6. *7 *8 Plat Amendment Request Jorgensen North Subdivision ............................. KPB File 2012-118; Segesser/Jorgensen Recording No. KN 2012-101 Location: On Kishka Street in North Kenai area Utility Easement Vacations a. Vacate the 20-foot utility easement that runs .................... north -south within the western corner of Lot 6 granted by Razdolna Subdivision (Plat HM 83-44); located within USS 3015 & 3364 and within protracted Section 19 & 24, Township 4 South, Range 10 & 11 West, Seward Meridian, Alaska, within the Kenai Peninsula Borough. KPB File 2014-141. Purpose as stated in petition: Easement heavily impacts a lot in new subdivision. Easement is not in use and sufficient alternative easements exist along right-of-way. PetitionerW: Fidosya Basargin of Homer, Alaska. b. Vacate a Portion of the 60-foot Transportation Utility .......... Corridor as Recorded in Book 229 Pages 14-20 (EIN 36 L as Outlined on Page 16) Kenai Recording District, within Widgeon Woods Phase Two (KN 2012-32) and the NE1/4 SE1/4, Section 13, Township 5 North, Range 11 West, S.M., Alaska; Depicted on Exhibit A Prepared by Integrity Surveys, Inc. Dated October 6, 2014; KPBPC Resolution 2014-25; KPB File 2012-037 Commissioner Excused Absences Minutes a. September 22, 2014 Plat Committee Minutes b. October 13, 2014 Plat Committee Minutes C. September 22, 2014 Planning Commission Minutes D, PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made. E. UNFINISHED BUSINESS F. PUBLIC HEARINGS .... 39 51 Vacate Dation Drive, a 30-foot right of way, dedicated .......................... 81 by Shoreline Heights Subdivision No. 2 (Plat KN 93-26); 2) Vacate a portion of Ninilchik Drive, the southwest 575 feet of the remaining 30-feet of the (60-foot right of way) dedicated by Radar Subdivision (Plat K 706); 3) Vacate south 10-feet of the remaining 40-foot Ninilchik Drive adjacent to Tract A, originally dedicated by Shoreline Heights Subdivision (Plat KN 85-184); and modified by R.M. Thompson Subdivision Henderson Replat (Plat KN 87-51); 4) Vacate the 20-foot and 30-foot right of way and right of way access easement along with the associated utility easements granted by Right of Way Amendment for ADL 63572 within Book 307 Page 179; 5) Vacate Anchor Way, which varies from a 30-foot right of way to a 50-foot; and all utility easements within Block 1 and 2 of Radar Subdivision (Plat K 706); all in Section 26, Township 6 North, Range 12 West; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2014-133. Note: 60-foot right of way dedications and utility easements are proposed to be dedicated on the submittal plat. Purpose as stated inpetition: TractA1-A and Blocks 1 and 2 of Radar Subdivision are being combined into one. The new parcel will be subdivided into house lots with dedicated rights of way providing access to all lots and also to all neighboring parcels. The ROWs that are requested to be vacated are not in use and do not serve access to any existing structures. By vacating the ROWs and the associated utility easements, it will allow for building lots that will not be encumbered with public ROWs crossing through. Petitioner{s): Bryon R. Lowe of Sun City, AZ and John R. Lowe Family Trust of Kenai, Alaska. Resolution 2014-23; An application for a conditional land ................... 137 use permit for material extraction on a parcel in the West Foreland area. The project under consideration is described as follows: Applicant: Cook Inlet Pipeline Company (CIPL). Landowner: Hilcorp Alaska, LLC. Parcel ID#: 211-250-06, Legal Description: E'/, Section 36, Township 9 North, Range 15 West, Seward Meridian. Location: The extraction area will be approximately 2 miles northwest of the Trading Bay Production Facility on the west side of Cook Inlet. G. ANADROMOUS WATERS HABITAT PROTECTION (KPB 21.18) - None H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None SPECIAL CONSIDERATIONS Soldotna Creek Sub No. 2 Tract 3-A................................................... 200 Bldg. Setback Exception KPB File 2014-14 Resolution 2014-26 Petitioners: Donald A. and Cathy A. Bosworth Location: On Derk's Lake Road in Soldotna SUBDIVISION PLAT PUBLIC HEARINGS The Plat Committee is scheduled to review 5 preliminary plats. K. OTHER/NEW BUSINESS ASSEMBLY COMMENTS M. LEGAL REPRESENTATIVE COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Kenai Planning & Zoning Commission Meeting Minutes...................................215 August 27, 2014 2. Seward Planning Commission Meeting Minutes...............................................221 July 15, 2014 NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, November 10, 2014 at Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Meeting Location Date Time Commission Anchor Point Anchor Point Chamber of Commerce November 4, 2014 November 18, 2014 7:00 p.m. Cooper Landing Cooper Landing Community Hall November 5, 2014 6:00 P.M. Hope / Sunrise Hope Social Hall November 6, 2014 7:00 p.m. The Kachemak Bay and Funny River Advisory Planning Commissions are inactive at this time. NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2215 Fax: 907-714-2378 e-mail address: planning(a)-borough.kenai.ak us web site: www.boroLtgh.kenai.ak.us/olanninn_ dent CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS October 22, 2014 - 7:00 p.m. 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused Absences *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *September 24, 2014 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 5. CONSIDERATION OF PLATS: a. PZ14-22 — Preliminary Original "Triple C" Subdivision, Submitted by Ability Surveys, 152 Dehel Ave., Homer, AK 99603 6. PUBLIC HEARINGS: None 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: None 9. PENDING ITEMS: None 10. REPORTS: a. City Council b. Borough Planning c. Administration — Memorandum Regarding Future Presentation on Site Visits 11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 12. INFORMATIONAL ITEMS: a. Code Enforcement Action — 3rd Quarter Report b. Building Permit Report — 3rd Quarter c. Planning & Zoning Resolutions Report — 3rd Quarter 13. NEXT MEETING ATTENDANCE NOTIFICATION: November 12, 2014 14. COMMISSION COMMENTS & QUESTIONS: 15. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS SEPTEMBER 24, 2014 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER Commissioner Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Twait led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: D. Fikes, G. Pettey, H. Knackstedt, K. Peterson, N. Kiel (telephonic), J. Twait, P. Bryson Staff/Council Liaison present: City Planner M. Kelley, City Clerk S. Modigh, Planning Assistant W. Anderson, Mayor P. Porter A quorum was present. c. Agenda Approval Chairman Twait noted the following lay downs provided by Administration: 5a: PZ14-21, memorandums regarding revision of Plat Note No. 3 on revised preliminary plat of Shoreline Heights 2014 Addition. 10c: Memorandum to the Commission regarding upcoming training. MOTION: Commissioner Knackstedt MOVED to approve the agenda including additional items provided by Administration and Commissioner Peterson SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. e. *Excused Absences — None *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES —August 27, 2014 Approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes)— None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) — None. 5. CONSIDERATION OF PLATS: a. PZ14-21 —Revised Preliminary Original Shoreline Heights 2014 Addition, Submitted by Integrity Surveys, 820 Set Net Drive, Kenai, AK 99611. City Planner Kelley reviewed the staff report included in the packet recommending approval with the conditions outlined in PZ14-21. MOTION: Commissioner Knackstedt MOVED to approve Resolution No. PZ14-21 with the Staff recommendations and amendments to Note No. 3 as provided by lay down memorandums. Commissioner Peterson SECONDED the motion. Chairman Twait opened the public hearing. Public Works Director Sean Wedemeyer provided clarification on the requested amendments to the preliminary plat note No. 3 as provided in the lay down memorandums. Scott Huff Integrity Survey's Inc. outlined the amendments made to the preliminary plat map and noted that temporary cul-de-sacs could be created by a separate docuement. It was discussed that a covenant was established with a 125 set back from the top of the current bluff. MOTION TO AMEND: Commissioner Knackstedt MOVED to amend Resolution No. PZ14-2, 5'h Whereas No. 2 by Planning and Zoning Commission Meeting September 24, 2014 Page 2 inserting a second sentence to read as follows, "The developer will extend City water to serve each lot." and Commissioner Peterson SECONDED the motion. VOTE: YEA: Kiel, Pettey, Peterson Fikes, Knackstedt, Twait, Bryson NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Commissioner Knackstedt MOVED to amend Resolution No. PZ14-2, 5" Whereas, No. 2 by inserting a second sentence to read as follows, "The developer will extend City water to serve each lot."; No. 3 by removing the second sentence in its entirety and replacing it with the following, "Individual septic systems will be required on each lot." Commissioner Peterson SECONDED the motion. VOTE: YEA: Kiel, Pettey, Peterson Fikes, Knackstedt, Twait, Bryson NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Commissioner Knackstedt MOVED to amend Resolution No. PZ14-2, 5tn Whereas, No. 9 to read as follows, "Surveyor shall verify that no encroachments exist. If an encroachment exists; plat will not create nor increase the encroachment." Commissioner Fikes SECONDED the motion. VOTE: YEA: Kiel, Pettey, Peterson Fikes, Knackstedt, Twait, Bryson NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Commissioner Knackstedt MOVED to amend Resolution No. PZ14-2, 5" Whereas, No. 12 (a) by removing it in its entirety and amending the second sentence of No. 12 (b) by inserting, "pursuant to KMC 14.10.080 (b)" after the words, "installment agreement". Commissioner Fikes SECONDED the motion. Planning and Zoning Commission Meeting September 24, 2014 Page 3 VOTE: YEA: Kiel, Pettey, Peterson Fikes, Knackstedt, Twait, Bryson NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Commissioner Bryson MOVED to amend Resolution No. PZ14-2, 61 Whereas, No. 12 (g) by inserting a second sentence to read as follows, "Covenants addressing bluff side building setbacks will be recorded in the Kenai Recording District." Commissioner Fikes SECONDED the motion. VOTE: YEA: Kiel, Pettey, Peterson Fikes, Knackstedt, Twait, Bryson NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Commissioner Knackstedt MOVED to amend Resolution No. PZ14-2, 5th Whereas, No. 12 (h) to read as follows, "Prior to water mains being extended into the subdivision, the plans must be approved by the Alaska Department of Environmental Conservation and the City of Kenai." Commissioner Bryson SECONDED the motion. VOTE: YEA: Kiel, Pettey, Peterson Fikes, Knackstedt, Twait, Bryson NAY: MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Commissioner Knackstedt MOVED to amend Resolution No. PZ14-2, 51h Whereas, No. 12 (i) to read as follows, "The septic systems must be installed in accordance with the Alaska Department of Environmental Conservation regulations." Commissioner Bryson SECONDED the motion. VOTE: Planning and Zoning Commission Meeting September 24, 2014 Page 4 YEA: Kiel, Pettey, Peterson Fikes, Knackstedt, Twait, Bryson NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AS AMENDED: YEA: Kiel, Pettey, Peterson Fikes, Knackstedt, Twait, Bryson NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: a. PZ14-20 — Conditional Use Permit for an unoccupied accessory structure (shed) without a main building on a residential parcel for the property known as Lot 2, Block 6, Inlet Wood Subd., Part One (1205 Portside Dr.) application submitted by Ryan Cowie, Kenai, Alaska. City Planner Kelley reviewed the staff report included in the packet recommending approval with conditions outlined in the resolution. Chairman Twait opened the public hearing, there being no one wishing to speak, the public hearing was closed. Commissioner Peterson MOVED to approve Resolution No. PZ14-21 with the Staff recommendations and Commissioner Fikes SECONDED the motion. VOTE: YEA: Kiel, Pettey, Peterson Fikes, Knackstedt, Twait, Bryson NAY: MOTION PASSED UNANIMOUSLY. Chairman Twait noted the 15 day appeal period to be filed with the City Clerk. 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: None 9. PENDING ITEMS: None 10. REPORTS: Planning and Zoning Commission Meeting September 24, 2014 Page 5 a. City Council — Mayor Porter reported that ordinances related to emergency shelters and group care facilities were postponed indefinitely providing the new city planner an opportunity for review and input. b. Borough Planning — no report. c. Administration — City Planner Kelley introduced himself to the Commission and discussed the upcoming planning conference. 11. INFORMATIONAL ITEMS: 12. NEXT MEETING ATTENDANCE NOTIFICATION: October 8, 2014 13. COMMISSION COMMENTS & QUESTIONS Commissioner Petty welcomed Kelly to the City. Commissioner Fikes thanked the Public Works Director for attending the meeting and providing input on the PZ 14-21. Commissioner Knackstedt welcomed the new City Planner. Commissioner Bryson welcomed City Planner Kelley and voiced concerns about bluff erosion setbacks. 14. ADJOURNMENT: There being no further, business before the Commission, the meeting was adjourned at 8:00 p.m. Minutes prepared and submitted by: Sandra Modigh, CIVIC City Clerk Planning and Zoning Commission Meeting September 24, 2014 Page 6 sL STAFF REPORT To: Planning & Zoning Commission Date: October 16, 2014 GENERAL INFORMATION Applicant: Gary Nelson 907-235-8440 Ability Surveys 152 Dehe) Ave. Homer, AK 99603 Res: PZ14-22 Requested Action: Preliminary Subdivision Plat — "Triple C" Subdivision (A Subdivision of the Northwest one -quarter of the Southwest one -quarter of the Northwest one -quarter (NW1/4SW1/4NW1/4), in Section 34, Township 6 North, Range 11 West, Seward Meridian) Existing Legal The Northwest one -quarter of the Southwest one -quarter of the Description: Northwest one -quarter (NW1/4 SW1/4 NW1/4), in Section 34, Township 6 North, Range 11 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska. Proposed Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Lots 1 and 2, "Triple C" Subdivision 702 McCollum Drive 04507001 Rural Residential Vacant Rural Residential The property owner requests approval of a preliminary plat for a subdivision which proposes to subdivide an approximately 10-acre parcel into two parcels of approximately 4.345 acres (Lot 1) and 4.572 acres (Lot 2). The subject parcel is currently undeveloped. The subdivision is located in the Rural Residential zone, which requires a minimum lot size of 20,000 square feet. Each lot is in excess of four (4) acres; therefore, both lots meet the minimum lot size requirement for the zone. The minimum lot width for the Residential Zone is ninety feet with the exception of corner lots which require an additional ten feet as set forth in Kenai Municipal Code (KMC) 14.10.70(e)(4). PZ14-22 Page 2 Each lot measures over three hundred feet in width, therefore the minimum lot requirement has been met. KMC 14.10.070(b)(2) requires the minimum width for minor streets shall be sixty (60) feet. The plat dedicates a 30-foot right-of-way for Fox Avenue. An additional 30- foot right-of-way has been dedicated by the plat of Kempf Subdivison which lies to the South of Lot 1, "Triple C" Subdivision. In addition, a 33-foot right-of-way was reserved in the Patent for Government Lot 55, Section 34, T6N, R11W, which lies to the South of Lot 2, "Triple C" Subdivision. The plat dedicates a 30 foot right of way for Chiniak Street a distance north of 280.02 feet. An additional 33 feet was dedicated by the plat of Chiniak Subdivision and Chiniak Subdivsion Part 2 which lies to the east of Lot 2 "Triple U subdivision. An additional 33- foot along the east property line of the subject parcel was granted to the City of Kenai in a Right -of -Way Permit, recorded in Book 39 at Page 129. City water lines are located within the right-of-way of Fox Avenue and can be extended to the subdivision. At such time that water mains are extended into the subdivision the installation must be approved by the Alaska Department of Environmental Conservation and the City of Kenai. City sanitary sewer lines are located within the right-of-way of McCollum Drive with a manhole located at the southwest corner of the subject parcel. Additionally, sanitary sewer lines are located at the southeast corner of the subject parcel, located within the right-of-way of Fox Avenue. Pursuant to KMC 14.10.080(f) sanitary sewer lines shall be extended into the subject subdivision to serve each lot if they are located within 1,500 feet of the nearest lot line. Given that these sanitary sewer lines are located adjacent to the subject subdivision, they can be extended into the subdivision to serve each lot. The City will require an installation agreement for installation of sanitary sewer. RECOMMENDATIONS This is a preliminary plat that subdivides one 10-acre parcel into two parcels of approximately 4.345 acres (Lot 1) and 4.572 acres (Lot 2). The property is located in the Rural Residential zone, which requires a minimum lot size of 20,000 square feet. Pursuant to KMC 14.10.080, the City will require an installation agreement for development of the rights -of -way within the subdivision. The installation agreement will be developed after the preliminary plat is approved and improvements will be constructed in accordance with the installation agreement. This installation agreement shall include the construction of Fox Avenue along the southern property line of the subject parcel, as it shown on the preliminary plat. PZ14-22 Page 3 The construction of Fox Avenue shall conform to the requirements outlined: In the most recent revision of the Municipality of Anchorage Standard Specifications (MASS), KMC 14.10 and as shown below in the City of Kenai Standard Road Sections. CITY OF KENAI STANDARD ROAD SECTIONS R.O.W. VARIES k' 3:1 MAX (SEE CL 3.1 MAX (SEE NOTE 1) s, 13' R.O.W. AND STREET NOTE 1) I 4" LEVELING COURSE ' 3fi 8" TYPE 11-A I MIN. 24" TYPE 11 CLASSIFIED FILL OMIT OF EXCAVATION (SEE NOTE 2) TYPICAL SECTION - GRAVEL ROAD R.O.W. VARIES FL 3:1 MAX (SEE CL 3:1 MAX (SEE NOTE 1) s' 1z1' SHOULDER R.O.W. AND STREET NOTE 1) ' I 2" ASPHALT 2" LEVELING COURSE ,. 2% 8" TYPE 11-A I MIN. 24" TYPE II �—�— CLASSIFIED FILL LIMIT OF EXCAVATION WNW' . \ fi� n S\.\4?'4 (SEE NOTE 2) TYPICAL SECTION - PAVED ROAD NOTES: 1. PLACE OR REMOVE AND GRADE MATERIAL IN A NEAT MANNER FROM EXCAVATION LIMITS TO EXISTING ELEVATION AT PROPERTY LINE OR AS DIRECTED BY THE CITY OF KENAI. (MAXIMUM 3:1 CUT AND FILL SLOPES) 2. CITY OF KENAI WILL DETERMINE THE DEPTH OF EXCAVATION. 3. UNLESS OTHERWISE APPROVED, THE CENTERLINE OF STREET SHALL BE THE CENTERLINE OF R.O.W. 4, ROAD SHALL BE CONSTRUCTED PER THIS DETAIL AND THE MOST RECENT REVISION OF THE MUNICIPALITY OF ANCHORAGE STANDARD SPECIFICATIONS. 5. DRAWING IS NOT TO SCALE. DETAILS SUBJECT TO CHANGE BY CITY OF KENAI. PZ14-22 Page 4 As shown on the preliminary plat, a 30-foot right-of-way 280.02 feet in length is being dedicated along the east property line. This right-of-way as dedicated will increase the width of Chiniak Street to a distance of 60 feet, thus demonstrating compliance with KMC 14.10.070(b)(2). Staff recommends that this 30-foot right-of-way be extended an additional 330.02 feet to the northern property line. This would allow for the creation of a half street 30 feet in width which would allow for future access to parcels located to the north and east of the subject subdivision. Pursuant to KMC 14.10.080(f) sanitary sewer lines shall be extended into the subject subdivision to serve each lot if they are located within 1,500 feet of the nearest lot line. Given that these sanitary sewer lines are located adjacent to the subject subdivision, they can be extended into the subdivision to serve each lot. The City will require an installation agreement for installation of sanitary sewer. City water lines are located within the right-of-way of Fox Avenue and can be extended to the subdivision. At such time that water mains are extended into the subdivision their installation must be approved by the Alaska Department of Environmental Conservation and the City of Kenai. In reviewing the preliminary plat, staff also recommends that references to adjacent subdivisions shown on the plat as "HM" be changed to "KN" to reflect there location within the City of Kenai. Staff also notes that "Note 3" on the on the preliminary plat references a recorded document number of "2003-002812-0" which appears to be incorrect; staff therefore recommends that document number be corrected to "2003- 003812-0". Lastly, in the title block the subdivision location appears to be incorrectly labeled. Staff recommends that this be revised to "NW1/4 SW1/4 NW1/4 SEC. 34, T6N, R11, S.M., CITY OF KENAI, KENAI PENINSULA BOROUGH, KENAI RECORDING DISTRICT, STATE OF ALASKA". PZ14-22 Page S Recommend approval with the following conditions: A. Fox Avenue as shown on the preliminary plat shall be constructed and shall meet the requirements as set forth in: KMC 14.10, the most recent revision of the Municipality of Anchorage Standard Specifications (MASS) and as shown in the City of Kenai Standard Road Sections. B. Road design shall be stamped by an engineer licensed in the State of Alaska. Design shall include but is not limited to plan and profile of the road, typical road section, location and type of signs, culverts, fire hydrants and plan and profile of any required water and sewer lines. Road construction shall be inspected by an engineer licensed in the State of Alaska and a letter shall be provided to the City of Kenai stamped by the inspecting engineer, that it was constructed in accordance with the stamped engineer drawings. C. Pursuant to KMC 14.10.080(f) sanitary sewer lines shall be extended into the subject subdivision to serve each lot. The plans shall be approved by the Alaska Department of Environmental Conservation and the City of Kenai. The City will require an Installation Agreement for installation of sanitary sewer. D. Prior to water mains and sanitary sewer lines being extended into the subdivision, the plans must be approved by the Alaska Department of Environmental Conservation and the City of Kenai. E. The 30-foot right-of-way being dedicated a distance of 280.02 feet along the east property line shall be increased to 610.04 feet along the full length of the eastern property line. F. References to adjacent subdivisions shown of preliminary plat shall be changed from HM to KN. G. The document referenced in Plat Note 3 shall be corrected to read as 2003- 003812-0. H. Title block of subdivision location shown on preliminary plat shall be revised to state NW1/4 SW1/4 NW1/4 SEC. 34, T6N, R11, S.M., CITY OF KENAI, KENAI PENINSULA BOROUGH, KENAI RECORDING DISTRICT, STATE OF ALASKA. ATTACHMENTS: 1. Resolution No. PZ14-22 2. Preliminary Plat 3. Drawing CITY OF KENAI PLANNING AND ZONING COMMISSION 7RESOLUTION NO. PZ14-22 thecityof SUBDIVISION PLAT KENAI. SILA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat of "TRIPLE C" SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission on October 22, 2014, and received from Ability Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned Rural Residential (RR) and therefore subject to said zone conditions. 2. City Water is available. If a dwelling(s) are constructed within 200 feet of an existing City water main, pursuant to KMC 17.10.10(a) connection to public water system shall be required. 3. City Sewer is available. If a dwelling(s) are constructed within 200 feet of an existing City sewer main, pursuant to KMC 17.20.010(a) connection to public sewer system shall be required. 4. Plat does not subdivide property within a public improvement district subject to special assessments. 5. The status of surrounding land is shown on the plat. 6. Utility easements, if required, shall be shown. 7. Surveyor shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONDITIONS: A. Fox Avenue as shown on the preliminary plat shall be dedicated to a width of 30 feet and a distance of 661.14 feet. As a condition of this preliminary plat roads are not required to be constructed. Future re -subdivision of this plat shall require the construction of Fox Avenue as shown on this plat. B. Construction of onsite septic system(s) or water well (s) shall require the approval of the City of Kenai and the State of Alaska if they are located within 200 feet of public water or sewer mains. C. The 30-foot right-of-way being dedicated a distance of 280.02 feet along the east property line shall be increased to 610.04 feet along the full length of the eastern property line. D. Amend Plat Note 4 to read: "Location of water and sewer utilities are based upon As - Built Plan Sheets 26, 30 and 34 of Water and Sewer Improvements for McCollum Drive, Fox Street and Japonski Drive. E. Revise preliminary plat to show continuation of water line down Japonski Drive as shown on As -Built Plan Sheet 34 of Water and Sewer Improvements for Japonski Drive. F. References to adjacent subdivisions shown of preliminary plat shall be changed from HM to KN. G. The document referenced in Plat Note 3 shall be corrected to read as 2003-003812-0. H. Title block of subdivision location shown on preliminary plat shall be revised to state NW1/4 SW1/4 NW1/4 SEC. 34, T6N, R11, S.M., CITY OF KENAI, KENAI PENINSULA BOROUGH, KENAI RECORDING DISTRICT, STATE OF ALASKA. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE "TRIPLE C" SUBDIVISION SUBJECT TO THE CONDITIONS OF APPROVAL LISTED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OCTOBER 22, 2014. CHAIRPERSON: AJeffwait, ATTEST: Chairman Sandr Kilodigh, City Clerk E. E O Ea "§ io � �,. e! i V u Jo `� p.N a ED` x¢o pdd44 O Y3H1�i4'ry 'UO It li C c 0 �" iouwo owe oWrc4 w3a�iap �z z o�> (n LL>a ZZ uR Ym2Q mGQJZO Jpo�4[O 2Z ZZ W O a, ;'6 0 � Q y1�2 - ��c>i y� aF� 3�wNU� > 3m WNZSQ U iaaG��S a pOa�WJ �-aw,Z¢a NO¢�01 J2 W P3w pa ¢J¢ <i iW� o� NUOY2m U w�¢ owe Yza p x 2ZaF0W E 8u�w'ao w Q V~Iw a�w h onFZ ON zU o wJ >02 ��.jZrc aYrcw02zw �oa¢ ~ p< (n orcira06NR w1A =F Naau Up Nm�€ZW y� O�jLLZ4¢UZ a a7d3i� Q a " aa� Y=wa .00K.3 a 2N 6O KapY OJ 3OJJa�a ! awl Z2� O �� O UjG¢OJF zii AH.o DIN �w"oo� ¢� pwp' pNQwR1 � w�orc� � 3�zvi o�rta Agl �'1 <m ff, T.w '6-ft8 n \�¢e '4 p�Z�6 C 4 gs2o 'h�' v \ a�0 i I iLn—- 1 d �IAn86-242 � I O t GOV'T LOT 33 I z L2AT� LOT I l > 500'04'37"E 660.05 �CHINIAK ST, CD 33' ROW PER 14M66-242 CHINIAN S 330.02' 30' R0W DEDXA7ED THIS PLAT -------------37t= �zN r0� Nn aw o� F2p` 1 nww ✓� 7 N00'04'23"W I i 3zN �YU on ;�m Va non �50, SEC UN£ EASEMENT PER 19. 10. 070 61005' .To' ROW DEDICATED THIS PLAr AfCCOLLUM DR. N00'04'09"W 660.05' 50 SECTION UNE EASEMENT PER 19. 10. 010 _ UNSUBDIVIDED (KPB) u) L 0 d 0 Yj Q = �-JAPONSKI DR. Q Z F T - � i - o v 100 } a CU L7 � I Z=J 1 � l 0 -3 ..-3............. AWS 7MWAko� FIN qr - VIIIII �—Il .4ve -bo 54 6m q6 LIU 'lot fit -ION A �-S THIS PAGE INTENTIONALLY LEFT BLANK ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING OCTOBER 15, 2014 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.ci.kenai.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. APPROVED. Certification of Election 4. Agenda Approval 5. Consent Agenda (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) *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 COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) D. PUBLIC HEARINGS 1. ADOPTED UNANIMOUSLY. Resolution No. 2014-63 — Adopting the City of Kenai Capital Improvements Plan Priority Lists for State Funding Requests for State Fiscal Year 2016. 2. ADOPTED UNANIMOUSLY. Resolution No. 2014-64 — Adopting the City of Kenai Recommendations for State -Wide Projects. 3. ADOPTED UNANIMOUSLY. Resolution No. 2014-65 — Approving the Purchase of One Fire Vehicle Through State of Alaska Equipment Fleet Contract Pricing Contract. E. MINUTES 1.APPROVED. *Regular Meeting of October 1, 2014 2.APPROVED. *Work Session of October 6, 2014 F. UNFINISHED BUSINESS — None G. NEW BUSINESS 1. APPROVED. *Action/Approval — Bills to be Ratified 2. APPROVED. *Action/Approval — Purchase Orders Exceeding $15,000 3. APPROVED. *Action/Approval — Non -Objection of Kenai Joes Liquor License Transfer. 4. INTRODUCED / PUBLIC HEARING SET FOR 11/5. *Ordinance No. 2797- 2014 — Amending the Code Violation Fine Schedule in KMC 13.10.015 to Include a Standard Fine for Violations of KMC 13.30.030-Night Parking Prohibited. 5. FAILED. Action/Approval — Mayoral Nomination and Council Confirmation of Appointing Christine Hutchison to the Library Commission. 6. APPROVED UNANIMOUSLY. Action/Approval — Mayoral Nomination and Council Confirmation of Appointing Virginia L. Hallmark to the Council on Aging. 7. APPROVED UNANIMOUSLY. Action/Approval — Mayoral Nomination and Council Confirmation of Appointing Shelly Peterson to the Beautification Commission. 8. NO ACTION TAKEN. Action/Approval — Rescheduling the November 19, 2014 City Council Meeting to Accommodate Council Members Attending the Alaska Municipal League Annual Local Government Conference being held November 17-21, 2014. 9. AIRPORT COMMISSION RECOMMENDATION APPROVED. Action/Approval — Airport Mural Location. 10. PROJECT MOVING FORWARD -TO BE BEFORE COUNCIL AT A LATER DATE. Discussion — Permanent Protection for the Field of Flowers. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee 8. Mini -Grant Steering Committee Kenai City Council Meeting Page 2 of 3 October 15, 2014 REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS — None. N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. KRSMA Advisory Board Meeting Minutes of September 11, 2014. The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us. Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907-283-8231. Kenai City Council Meeting Page 3 of 3 October 15, 2014 THIS PAGE INTENTIONALLY LEFT BLANK lib MEMBERS Paulette Bokenko- Carluccio City of Seldovia Term Expires 2015 Alice Joanne Collins Anchor Point / Ninilchik Term Expires 2016 Sandra Holsten East Peninsula Term Expires 2016 Blair Martin Kalifornsky Beach Term Expires 2015 Robert Ruffner Clam Gulch/Kasilof Term Expires 2015 ALTERNATES James Isham Sterling Term Expires 2015 Paul Whitney City of Soldotna Term Expires 2017 KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING ASSEMBLY CHAMBERS 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 5:30 p.m. October 13, 2014 Tentative Agenda A. CALL TO ORDER B. ROLL CALL a. Election of Officers - Chairman & Vice Chairman C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. Sandra Holsten, East Peninsula 3. Minutes a. September 22, 2014 Plat Committee Minutes D. PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS 1. Creekside Heights No. 4........................................................................... 1 KPB File 2014-134 [Johnson/Tornai] Location: On Glover Street in Anchor Point Anchor Point APC 2. VIP Country Est Sub Part 5 2014 Replat................................................ 16 KPB File 2014-137 [Johnson/Penner] Location: City of Kenai 3. Correia Sub 2014 Addition ................................................................... 36 KPB File 2014-138 [Johnson/Mattox] Location: On Cohoe Loop Road in Kasilof 4. Whispering Meadows Sub Rich Replat.................................................. 50 KPB File 2014-135 [McLane/Rich] Location: Robinson Loop Road in Sterling 5. Box Canyon Sub Seavey Addn. No. 4.................................................... 67 KPB File 2014-136 [Segesser/Seavey] Location: Old Exit Glacier Road in Seward 6. Homer Enterprises Inc. Sub Resetarits Replat......................................96 KPB File 2014-139 [Segesser/Resetarits] Location: City of Homer Weaver Sub 2014 Addition...................................................................115 (Postponed from Aug 11, 2014 Meeting) KPB File 2014-100 [Integrity/Michel, Brand, Tegerdine] Location: On Twin Road in Sterling 8. Gateway Village 2014........................................................................... 143 KPB File 2014-140 [Ability/Nummer] Location: On Gateway Road in Anchor Point Anchor Point APC F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. OTHER / NEW BUSINESS H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, October 27, 2014 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone:907-714-2215 Fax:907-714-2378 Phone: toll free within the Borough 1-800-478-4441, extension 2215 e-mail address: planning@borough.kenai.ak.us web site: www.borough.kenai.ak.us/planningdept /oc "i/illa e with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 (I�� \ a,d'yof 1992 I MNAII, AUISU N/ MEMORANDUM: TO: Planning and Zoning Commission FROM: Matt Kelley, City Planner DATE: October 16, 2014 SUBJECT: Future Presentation on Site Visits The purpose of this correspondence is to introduce an article that was presented to staff by Commissioner Knackstedt. The article appeared in the June 2014 edition of The Commissioner publication which is produced by the American Planning Association. The article discusses site visits and whether or not they should be done by Planning Commissioners. Staff would like to request that Commissioners please review the article to determine if they would find it helpful to have a presentation given by the City Attorney on site visits at a future Planning and Zoning Commission meeting. Furthermore, staff would also like to request direction regarding the development of a potential Policy regarding whether or not Commissioners would like to conduct site visits. Page 1 Site Visits Done ... Legally SITE VISITS ARE COMMON FOR SOME PLANNING COMMIS- sions and nonexistent for others. Should planning commissions do them, and if so, how should they approach them from a legal standpoint? Many planning commissioners conduct private site visits to look at properties on which developments are proposed. Some meet with ap- plicants on the properties and discuss the proposed developments. But in many jurisdic- tions, such site visits could result in a reviewing court overturning a planning commission's decision on the grounds of due process. It is a project that would disturb a bald eagle. The planning commissioner may also see abundant water on the property and incor- rectly believe wetlands exist there. Such undisclosed and incorrect beliefs would adversely affect the due process rights of the parties involved important for planning commissioners to understand the potential APPROACHING SITE VISITS legal pitfalls that might arise from a private site visit. FROM A LEGAL STANDPOINT Typically, a planning commission acts as a quasi-judicial body SCHEDULE site visits prior to quasi-judicial hearings. when it considers an application for development approval. Quasi- PROVIDE public notice for all judicial actions pertain to the application of adopted regulations interested parties. to a particular applicant, whereas legislative actions pertain to the DISCLOSE information adoption of regulations. Quasi-judicial hearings require more due gained pertinent to pending application. process protections than legislative hearings, including the require- SUMMARIZE ex parte communica- ment that a planning commissioner must base a decision upon the tion in a memorandum. facts presented during a quasi-judicial hearing. Additionally, all PLACE ex parte communication in parties involved in a quasi-judicial hearing, such as the applicant and the project file. the affected neighbors, are entitled to know all facts that may form VIEW due process issues from the basis for a planning commissioner's decision. the perspectives of a judicial proceeding. Let's consider an example. A private site visit results in a planning SEEK legal guidance regarding commissioner obtaining information outside the quasi-judicial hear- due process issues. ing. The planning commissioner may observe wetlands, protected species, or traffic movement concerns. If the planning commissioner bases his or her decision on this information without disclosing it during the quasi- judicial hearing, a reviewing court could conclude that a party's due process right has been violated. Moreover, it is possible that the factual determinations the planning commissioner makes during the private site visit are incorrect. For example, he or she may incorrectly believe that a bald eagle nest is located on the property, and would never vote to approve Planning commissioner site visits require scrupulous reporting on the part of the commissioners after the visit. in a quasi-judicial hearing. The safest way for a planning com- missioner to avoid these due process issues is to simply not conduct private site visits. This ap- proach helps ensure that each planning commissioner will base the decision to approve or deny a development ap- plication solely upon the information presented during the quasi-judicial hearing. If planning commissioners still desire site visits, they should schedule the site vis- its prior to the quasi-judicial hearings and provide public notice so that all interested parties can attend. Following the properly advertised site visits, at the beginning of the quasi-judicial hearings, each planning commissioner should disclose any infor- mation gained during the site visit that is pertinent to the pending application. This will allow all parties at the quasi-judicial hearing to address any concerns or incor- rect information, such as pointing out that the bald eagle nest is really an osprey nest or clarifying that the alleged wetlands were the result of flooding from a broken pipe. A related due process concern that frequently arises with private site visits is the applicant or the opposing neighbor discussing the proposed project with a planning commissioner. Such a discussion is known as an ex parte communication. Failure to disclose ex parte communica- 44 Planning June 2014 ! tions could also result in a reviewing court overturning the planning commission's decision. Indeed, in some jurisdictions, ex parte communications are deemed inher- ently improper and are presumed to be prejudicial to the opposing party. The problem with ex parte communica- tions is that information is conveyed to a planning commissioner outside of the quasi-judicial hearing, and he or she may ' base his or her decision upon such infor- mation. Doing so violates the due process right of all parties involved in a quasi- judicial hearing, which is the right to be informed of all facts upon which planning commissioners might base their decisions. Even with the best of intentions, ex party communications can occur. If this happens, the key to removing the prejudi- cial effect of such communication is, once again, disclosure. Planning commissioners should summarize any and all ex parte communication in a memorand,,m and place it in the project file. All interested parties can then review the file and be informed about the substance of the ex paste communication. Planning commis- sioners should also make a disclosure at the beginning of the planning commis- sion's quasi-judicial hearing. Finally, it is beneficial to view these due process issues from the perspective of a judicial proceed- ing. A judge would not conduct a site visit without notifying all parties beforehand. Similarly, it would be improper for a judge to have a private discussion with a party to a lawsuit pending before him or her. Even though planning commissions act in a quasi-judicial manner and not a judicial j manner, the requirements of the judicial system provide an excellent guidepost for planning commissioners. I In light of the fact that each jurisdiction is different, planning commissions should seek guidance regarding these due process issues from an attorney. Moreover, because these issues continue to evolve, it is better to err on the side of providing too much I due process rather than too little. I —David Theriaque Theriaque is the senior partner in the law 6rm of Theriaque & Spain in Tallahassee, Florida. OREGON'S STATEWIDE PROGRAM FOR LAND -USE PLANNING. The impetus for the statewide planning program developed in Oregon over the last four decades was an effort to preserve coastal areas and farms in the Wilamette Valley. The e means for doing so was adopted through Senate Bill 100, which required Oregon cities and counties to prepare comprehensive plans in conformance with the stated state goals. A major goal was to stop disorderly growth. Signed into law on May 29, 1973, and supported by the governor and key legislators, this pioneering law brought planning to the state level and went on to influence other states such as Maryland. Read more in Carl Abbott's online history of the law in The Oregon Encyclopedia. I —Carolyn Torma Torma is APA's director ofeducation and citizen engagement. URBAN DESIGN is an important part of planning. Learn more about how planning and urban design are intertwined with these publications and products. APA PUBLICATIONS Practice Design Guidelines Douglas Hammel, AICP Zoning Practice, March 2011 www.planning.org/zoningpractice/2011/pdf /mar.pdf Safe Urban Form: Revisiting the Relationship Between Community Design and Traffic Safety I Eric Dumbaugh and Robert Raeb JAPA, Volume 75, Issue 3 (Summer 2009) 1 www.tandfonline.com/doi/full/10,1080 /01944360902950349#.UyN eK_IkRO E Urban Design Framework for the Near Southeast, Washington, D.C. Christopher Swope Planning, April 2004 www.planning.org/planning/2004/apr /southeastdc.htm Designing the Urban Block: Best Practices in Los Angeles Vinayak Bharne Practicing Planner, Vol. 9, No. 3. 2011 www.pIanning.org/practicingplanner/2011/falI /case0l.htm : APAPLANNINGBOOKS.COM Urban Design Reclaimed: Tools, Techniques, and Strategies for Planners Emily Talen APA Planners Press 2009 www.planning.org/store /prod uct/?Prod uctCode= BOO K_ARU B Planning and Urban Design Standards American Planning Association, John Wiley & Sons, Inc., 2006 www.planning.org/storeproduct/?ProductCode= BOOK_RPUD The Rules That Shape Urban Form (PAS 570) Donald Elliot, FAicP; Matthew Goebel, Alcp; and Chad Meadows, AICP APA Planning Advisory Service 2012 www.planning.org/storeproduct/?ProductCode= BOOK_P570 STREAMING MEDIA Zoning to Shape Urban Form 2013 www.planning.org/storeproduct/?ProductCode= STR_TZTSUF Design Standards that Shape Urban Form 2007 www.planning.org/store/ prod uct/?ProductCode=STR_TDS UFD —Ryan Daudelin Daudelin is APA's education associate. American Planning Association 145 THIS PAGE INTENTIONALLY LEFT BLANK the 41 "( V QOL "'Villaye with a Past, C# with a Future' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 b.*d Telephone: 907-283-7535 / FAX: 907-283-3014 'IIII 1992 MEMO* TO: Planning & Zoning Commission THRU: Matt Kelley, City Planner FROM: Wilma Anderson, Planning Assistant DATE: October 22, 2014 SUBJECT: Code Enforcement Action 2014 3rd Quarterly Report Planning & Zoning currently has twelve (12) active code cases: Garbage 2 Debris & Junk 8 Cases transferred to Legal Department/Civil Penalties being assessed. 1 Building Code Violation *1 TOTALS: 12 Code Enforcement Action during the months of July — Sept. 2014: Closed Cases 6 Opened Cases 10 *Administration is currently working with one (1) individual property owner to eliminate violations without taking formal action. THIS PAGE INTENTIONALLY LEFT BLANK s W W W oo W W co (p (p rA (p W co b s s COO OpD r � C." 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(fl C 69 691 60 V) W fA 40 fo) ffl O O W Cn V Cn O N tb Cn O O A O O O O O O O O CA O O O N O O O O O O O O O O O Cl O O O O O O O O O O O O 0 n x (1 X X ;u A X X Z1 .fl 0 �1 n PZ Resolutions Third Quarter - 2014 lac Preliminary Plat 201421 Shorline Heights, 2014 Addition 201419 Shoreline Heights, 2014 Addition 201418 Quandt Subd., 2014 Replat 201414 VIP Country Estates Part 5, 2014 Replat Variance 201415 Side yard setback variance from 15 feet to 5 feet Variance Permit 201420 Accessory structure without a main builidng 9/24/2014 Approved 8/27/2014 Recinded 8/13/2014 Approved 8/27/2014 Approved 7/9/2014 Approved 9/24/2014 Approved Tuesday, October 07, 2014