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2012-03-14 Planning & Zoning Packet
CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS March 14, 2012 - 7:00 p.m. Work Session Review of the Background Report for the Comprehensive Plan 6 p.m. - 7 p.m. & continue after the regular meeting. Work session will adjourn no later than 9 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. *February 22, 2012 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ12 -07 -- Baron Park Subdivision Replat 2012 (A Replat of Lots 1A -1 and 1A -2, Baron Park Subdivision No. 3). Plat submitted by Integrity Surveys, Inc., 43335 K -Beach Road, Suite 10, Soldotna, Alaska. b. PZ12 -08 — R.M. Thompson Subdivision, 2012 Replat - A subdivision of R.M. Thompson Subdivision 2011 Replat (Plat #2012 -6 & Radar Subdivision Plat #K -106). Plat submitted by Integrity Surveys, Inc., 43335 K -Beach Road, Suite 10, Soldotna, Alaska. c. PZ12- 01(Revised) — Preliminary Plat — Lot 1, Poore Subdivision (A resubdivision of Government Lots 6 & 7, located within the SW Y4 S6, T5N, R10W Seward Meridian). Plat submitted by Integrity Surveys, 43335 Kalifornsky Beach Road, Suite #10, Soldotna, Alaska. 5. PUBLIC HEARINGS: 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: Agenda March 14, 2012 Page 2 8. PENDING ITEMS: a. Ordinance No. 2597 -2011— Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential 1 (RR -1) and the Urban Residential (RU) Zoning Districts. (At its November 16, 2011 meeting, the council postponed Ordinance No. 2597 -2011 to the August 1, 2012 meeting and the ordinance was referred back to the Planning and Zoning Commission so the Commission could continue to consider the changes proposed in this work product during the Comprehensive Plan Process.) 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Kenai River Center Permit Application — KRC #9027 — Pawluk — ELP Stairs & Ramp, 1312 Cunningham Dr., Kenai, Alaska. b. Gold Country Estates Preservation Group, Inc., an Alaska Nonprofit Corporation and William 11. Cramer, individually v. Fairbanks North Star Borough — The Supreme Court of the State of Alaska Opinion No. 6651— February 10, 2012. 12. NEXT MEETING ATTENDANCE NOTIFICATION: March 28, 2012 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION FEBRUARY 22, 2012 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER Chair Twait called the meeting to order at approximately 7:03 p.m. 1 -a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: aa. Chair J. Twait, K. Peterson, J. Rowell, K. Koester, C. Smith, H. Knackstedt P. Bryson (excused) City Planner M. Kebschull, Planning Assistant N. Carver, Council Member T. Navarre, Deputy City Clerk C. Hall A quorum was present. 1 -c. Agenda Approval Knackstedt requested the following additions to the agenda: 5 -c. Memo from Council Member Bob Molloy dated 2/20/12 5 -c. Resolution No. PZ12-05 Amended MOTION: Commissioner Knackstedt MOVED to approve the agenda as amended and Commissioner Rowell SECONDED the motion. There were no objections. SO ORDERED. 1 -d. MOTION: Consent Agenda Commissioner Knackstedt MOVED to approve the consent agenda and Commissioner Rowell SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences • Phil Bryson Approved by consent agenda. *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES -- February 8, 2012 Approved by consent agenda. 3. SCHEDULED PUBLIC COMMENT -- None. 4. CONSIDERATION OF PLATS 4 -a. PZ12 -06 - Kenai Industrial Park Subdivision (Resubdivision of 42.313 acres M/L situated in the NW 1/4 Section 33, T6N, R11W S.M). Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. MOTION: Commissioner Knackstedt MOVED to approve PZ12 -06 and Commissioner Peterson SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, recommending approval and noting this would create 19 lots from one large parcel. Kebschull requested an amendment to change Willow Street to North Willow Street. Twait read the rules of public hearing and opened the meeting to public comment. There being no one wishing to speak, the public hearing was closed. Peterson asked about Lot 8 already being utilized. Kebschull noted the area had previously been leased using a metes and bounds description. She noted the plat would legally identify the area as a parcel. MOTION TO AMEND: Commissioner Knackstedt MOVED to amend PZ12 -06 to change Willow Street to North Willow Street on the plat. Commissioner Rowell SECONDED the motion. VOTE ON AMENDMENT: MOTION PASSED UNANIMOUSLY. PLANNING AND ZONING COMMISSION MEETING February 22, 2012 PAGE 2 VOTE ON MAIN MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. 5. PUBLIC HEARINGS 5 -a. PZ12 -03 - A resolution of the Kenai Planning & Zoning Commission recommending Kenai City Council amend section 14.20.145 "Recreation Zone(R)" to incorporate changes to the land use table KMC 14.22.010 for purposes of consistency. MOTION: Commissioner Knackstedt MOVED to approve PZ12 -03 and Commissioner Peterson SECONDED the motion. Kebschull reviewed the staff report included in the packet, recommending approval. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: MOTION PASSED UNANIMOUSLY. 5 -b. PZ12 -04 - A resolution of the Kenai Planning 86 Zoning Commission recommending Kenai City Council amend KMC 14.22.010 "Land Use Table," to allow Bed and Breakfast in the Recreation Zone as permitted. MOTION: Commissioner Knackstedt MOVED to approve PZ12 -04 and Commissioner Rowell SECONDED the motion. Kebschull reviewed the staff report, noting the ordinance would make changes to the permitted uses and recommended approval. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: MOTION PASSED UNANIMOUSLY. 5 -c. PZ12 -05 - A resolution of the Kenai Planning 86 Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Section 14.20.150, "Conditional Use Permits," To expand the authority of the Planning 86 Zoning Commission to consider requests for extensions of permits in situations where the Conditional Use Permit has lapsed or expired due to non -use; to extend the time for extensions from 6 months to up to one (1) year each; and, to provide an express appeal process. PLANNING AND ZONING COMMISSION MEETING February 22, 2012 PAGE 3 MOTION: Commissioner Knackstedt MOVED to approve PZ12 -05 and Commissioner Peterson SECONDED the motion. Kebschull reviewed the staff report included in the packet, and explained the suggested amendment included in the lay down. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. MOTION TO AMEND: Commissioner Knackstedt MOVED to amend PZ12 -05 to add "within two (2) years of the date the permit was issued or the use ceased, whichever is later" after "the permittee may request a time extension at any time" in section (1)(3). Commissioner Koester SECONDED the motion. VOTE ON AMENDMENT: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. 6. UNFINISHED BUSINESS -- None. 7. NEW BUSINESS -- None. 8. PENDING ITEMS: 8 -a. Ordinance No. 2597 -2011 - Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS 1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential 1 (RR -1) and the Urban Residential (RU) Zoning Districts. (At its November 16, 2011 meeting, the council postponed Ordinance No. 2597 -2011 to the August 1, 2012 meeting and the ordinance was referred back to the Planning and Zoning Commission so the Commission could continue to consider the changes proposed in this work product during the Comprehensive Plan Process.) 9. REPORTS: 9 -a. City Council - Council Member Navarre reported on the February 15, 2012 City Council meeting, noting the meeting scheduled for July 4 was changed to July 10. 9 -b. Borough Planning - No report. PLANNING AND ZONING COMMISSION MEETING February 22, 2012 PAGE 4 9 -c. Administration • Annual Report - Extraction of Natural Resources Kebschull reviewed the annual report on extraction of natural resources and the Comprehensive Plan newsletter included in the packet, noting there was an online survey for the comprehensive plan. Peterson asked if the reclamation in the extraction of natural resources report was on the honor system. Kebschull replied yes and that photographs showed work that had been done. 10. PERSONS PRESENT NOT SCHEDULED - None. 11. INFORMATION ITEMS 11 -a. Comprehensive Plan Newsletter 12. NEXT MEETING ATTENDANCE NOTIFICATION -- March 14, 2012 Commissioner Smith requested an excused absence for the March 14 meeting. 13. COMMISSION COMMENTS & QUESTIONS - None. 14. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at approximately 7:41 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING February 22, 2012 PAGE 5 Alf‘ STAFF REPORT To: Planning & Zoning Commission Date: February 17, 2012 Res: PZ12 -07 GENERAL INFORMATION Applicant: Integrity Surveys, Inc. 43335 K -Beach Road, Suite 10 Soldotna, AK 99669 262 -5573 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: Preliminary Subdivision Plat — Baron Park Subdivision 2012 Replat A replat of Lots 1A -1 and 1A -2, Baron Park Subdivision No. 3 264 & 270 Airport Way 04339022 & 04339023 CG — General Commercial Vacant Central Commercial ANALYSIS This plat combines two lots into one larger lot containing approximately 1.513 acres. The property is located in the General Commercial zone. The new lot exceeds the minimum lot size for the zone. The properties are located on the corner of Airport Way and Baron Park Lane. Airport Way and Baron Park Lane are maintained roads. The parcel is served by City water and sewer. An installation agreement is not required. RECOMMENDATIONS This is a simple plat that combines two properties into one large parcel. The resulting parcel meets all requirements for the General Commercial zone. The property is served by City water and sewer. An installation agreement is not required. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ12 -07 2. Preliminary Plat the c# of KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -07 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat BARON PARK SUBDIVISION 2012 REPLAT was referred to the City of Kenai Planning and Zoning Commission on February 17, 2012 and received from INTEGRITY SURVEYS, INC. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned CG — General Commercial and therefore subject to said zone conditions. 2. Water and sewer: Are Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES BARON PARK SUBDIVISION 2012 REPLAT SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MARCH 14, 2012. CHAIRPERSON: ATTEST: SzlTCl(l Plot M 266 Napgal La P Ss /Y >•, e 1/4 J CORNER it 32133 I Lei 11;t4 Bg99\\ lc_ 700,4'04, LEGEND 0 PRIMARY MONUMENT OF RECORD PER PLAT #86 -33 • SECONDARY MONUMENT OF RECORD 5/9" REBAR PER PLAT #86 -33 0 SECONDARY MONUMENT OF RECORD 1/2" REBAR PER PLAT #86 -33 ( ) RECORD PER BARON PARK SUBDIVISION N0. 3 PLAT NO. 86 -33 \ SECTION \ CORNER 321.13 54 u 1n3 W NOTES 1) DEVELOPMENT OF THESE LOTS IS SUBJECT TO THE CITY OF KENAI ZONING REGULATIONS. 2) FRONT 10 FEET ADJACENT TO THE RIGHTS —OF —WAY IS ALSO A UTILITY EASEMENT. NO PERMANENT STRUCTURE SHALL BE CONSTRUCTED OR PLACED WITHIN A UTIUTY EASEMENT WHICH WOULD INTERFERE WITH THE ABIUTY OF A UTIUTY TO USE THE EASEMENT. 3) THIS IS A PAPER PLAT. AN ACUTAL FIELD SURVEY WAS NOT PERFORMED FOR THIS REPLATTING ACTION. 3) WASTEWATER DISPOSAI- THESE LOTS ARE SUPPLIED WITH CITY WATER AND SEWER SERVICES. PLANS FOR WASTE WATER DISPOSAL, THAT MEET REGULATORY REQUIREMENTS ARE ON FILE AT THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. Name License # Dote NORTH N,"1 /n, \2 CERTIFICATE OF SURVEYOR I HEREBY CERTIFY THAT; I AM PROPERLY REGISTERED AND LICENSED TO PRACTICE LAND SURVEYING IN THE STATE OF ALASKA, THIS PLAT REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECT SUPERVISION, THE MONUMENTS S1109.41 HEREON ACTUALLY EXIST AS DESCRIBED, AND ALL DIMENSIONS AND OTHER DETAILS ARE CORRECT TO THE DIMENSIONS AND OTHER DETAILS ARE CORRECT TO THE NORMAL STANDARDS OF PRACTICE OF LAND SURVEYORS IN THE STATE OF ALASKA. Plat Rec. Dist. 20 Date Time M CERTIFICATE OF OWNERSHIP AND DEDICATION 1, THE UNDERSIGNED, HEREBY CERTIFY THAT STANLEY AND SONS LLC., IS THE OWNER OF MI6 REAL PROPERTY SHOWN AND DESCRIBED HEREON AND ON BEHALF OF THE STANLEY AND SONS LLC., I HEREBY ADOPT THIS PLAN OF SUBDIVISION AND BY MY FREE CONSENT DEDICATE ALL RIGHTS —OF —WAY AND GRANT ALL EASEMENTS TO THE USE SHOWN. STANLEY AND SONS LLC 4707 SPENARD RD ANCHORAGE, AK 99517 NOTARY' S ACKNOWLEDGMENT FOR: SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF 2012 NOTARY PUBLIC FOR ALASKA MY COMMISSION EXPIRES PLAT APPROVAL THIS PLAT WAS APPROVED BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION AT THE MEETING OF KENAI PENINSULA BOROUGH AUTHORIZED OFFICIAL KP8 FILE No. BARON PARK SUBDIVISION 2012 REPLAT A REPLAT OF LOTS 1A -1 AND 1A -2, BARON PARK SUBDIVISION N0. 3 LOCATED WITHIN THE SE1 /4 SE1 /4 SECTION 32, T6N, R11W, SEWARD MERIDIAN, CITY OF KENAI, KENAI RECORDING DISTRICT, KENAI PENINSULA BOROUGH, ALASKA CONTAINING 1.513 ACRES INTEGRITY SURVEYS INC. 43335 K —BEACH RD. SUITE 10 SOLDOTNA, AK 99669 SURVEYORS PHONE — (907) 262 -5573 FAX - -- ( 07) 262 -5574 shOUnt.BBleae.bo.net PLANNERS NO: 212018 ORAYM: 17 February, 2012 91 SURVEYED: N/A SCALE: 1. -50' HELD BK: N/A FILE 212016 PP.dr9 LIb STAFF REPORT To: Planning & Zoning Commission Date: March 5, 2012 Res: PZ12 -08 GENERAL INFORMATION Applicant: Integrity Surveys 43335 K -Beach Road, Suitel0 Soldotna, AK 99669 262 -5573 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Preliminary Subdivision Plat — R.M. Thompson Subdivision, 2012 Replat A subdivision of R.M. Thompson Subdivision, 2011 Replat (Plat #2012 -6 & Radar SD Plat #K -106) 14639 Kenai Spur Highway, 1516 & 1518 Ninilchik Drive 03914228, 03914222 and 03914223 CG — General Commercial & IL — Light Industrial Charitable Institution and Vacant Neighborhood Commercial This plat removes lot lines to combine three parcels into one large lot, Lot 1A -1. The resulting is approximately 4.555 acres and meets the minimum lot size for the General Commercial and Light Industrial zones. Because the subdivision includes properties zoned General Commercial and Light Industrial, the subdivision creates a split -zone. On November 9, 2011, the Commission approved PZ11 -42, R.M. Thompson Subdivision 2011 Addition. The plat combined two lots and created one large parcel. R.M. Thompson Subdivision, 2011 Addition, is owned by the Friendship Mission. The owner of property adjacent to the Friendship Mission has donated two lots (1516 & 1518 Ninilchik Drive) to the Mission. This plat will join these two lots with the existing lot, R.M. Thompson Subdivision, 2011 Replat. There is a structure located on the current Lot lA of R.M. Thompson Subdivision, 2011 Addition. Plat does not provide as -built information for the structure. However, if an encroachment exists, the plat does not create nor increase the encroachment. 1208 Comment.doc Page 2 The subdivision is served by onsite water and sewer. The property is accessed off the Kenai Spur Highway. No installation agreement is required. Building Official: No building code violations or concerns. RECOMMENDATIONS This plat combines several parcels creating one large parcel. The resulting parcel meets the development requirements for the zones. However, the resulting parcel creates a split -zone, i.e. General Commercial and Light Industrial. The City discourages split zones. Recommend approval with the following requirements: 1. The owner must submit an application to amend the zoning to rezone the new parcel to General Commercial. ATTACHMENTS: 1. Resolution No. PZ12 -08 2. Preliminary Plat CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -08 the e# of // SUBDIVISION PLAT KENAI, ALASKA 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 R.M. THOMPSON SUBDIVISION, 2012 ADDITION was referred to the City of Kenai Planning and Zoning Commission orMarch 5, 2012 and received from Integrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned General Commercial— CG & Light Industrial- IL and therefore subject to said zone conditions. 2. Water and sewer: Not Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat does not provide as -built information for structures on the parcels. If an encroachment exists; the plat does not create nor increase the encroachment. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. The owner must submit an application to amend the zoning to rezone the new parcel to General Commercial. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES R.M. THOMPSON SUBDIVISION, 2012 ADDITION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MARCH 14, 2012. CHAIRPERSON: ATTEST: 4' o(� \// \ / / / NOiTH 2 1/4' AUJM. MON. - -� I\ \ Ninilchik Dr. 4o' ROW -111R1UHI LJ Ind J \ 3 1/4' ALUM. MCNM\ \ NOTES' 1) Development el U1. Penh • weMct to U. City of Kraal 14749 r gwetkna 2) No prleate moms to Slate moIntolned ROWs perm0led unless approved by me State el Alo.ke 0.9.640.1 of Trapart,Uen. 3) Front 10 feel odpcent W rIghte- of -.oy le also a Hilly trammed. No permanent structure shell 6• constructed m ploce2 4111111 e ulIlly easement whk6 .eulp Warr. TRA the o6lily of a UtOily 10 um Um ..omen 4) The Keel SWr Hgh.ay M eabbct to a highway 10served 0 100 rase ride eam .Ia or canledM. 5)1111. properly may be affected by the Ia41.4,g easement. 31PE RFOKIIMr INFO 04Th' Blanket E)wWk Comment Bk 2 PSI 41 1401 Dug, 4, 1958 g�agned 8k: 11 P• 1B13 O.1. 31. Blanket 0.c4k Easement Ma 11 Pg-. 284 KRO Dec 31, reanIgned 8lo 11 Pg: 188 KRD Dec 31, 1963 Blanket 0ealrk Eosemml Bk 2 99: 33 KRD June 4, 1953 Blanket Deatk Eomment Elk 2 P4: H KRD Aug. 4, 1958 1963 ned Bk.: 11 Pp' 188 MO Dec 31. 8) WART"WAThR O1IFM • The Purpose of this platting ncikn N the math. of lot B., r61N wal prof,.. greater moth., wastewater disposal area. A waeteWatr 1Nw I. net moulted ea de.0Ned by KPB 2014.040(AK2). Wastewater treatment end depo.ol eyelems mutt meet the regulatory requrennl4 of the Nasko Deportment of Environmental Cnprsatln. 7) 1. parch may be subj. toe higfwey 9..rralk, 100 feet on each .Me of the centerline et the Irma! Spur Hylray as claimed by N. State of Alaska. or IM woccee.sr k Nlw.t poreuont to NM* Land Orders 801. 757, and 1513 and Department Oder 2685 Am by the Secretory of Interior of the Untied Stales of - �T3M_.\ L='IND (D PRIMARY MONUMENT OF RECORD (PER RAT 1K.TK KRD) • SECONDARY MONUMENT RECOVERED 119S SURVEY ( 5/6' REBAR MIN PLASTIC CAP) O SECONDARY MONUMENT RECOVERED 11114 SURVEY ( 1/7 REBAR) O SECONDARY MONUMENT SET THIS SURVEY ( 5 /8' REBAR MTH BLUE PLASTIC CAP ) E 1 RECORD PFR RADAR 910019041 PLAT NO 514-706 RECORD PER RN- 1H04AP5OH SUBGNBON 2011 REPLAT PLAT NO. 2012 -6 2 1/2' BRASS CAP CERTIFICATE OF SURVEYOR I HEREBY CERTIFY MAT; 109 PROPERLY REGISTERED MO LICENSED TO PRACTICE LAND SURVEYING IN THE STALE OF ALASKA, WS PLAT REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECT 91PERYISIOI, THE MON0MEN05 SHOWN HEREON ACTINLY COST AS DESCRIBED, AND ALL OIMCNSIONS AND OTHER DETAILS ARE CORRECT TO THE 01MEM9ON5 AND OTHER DETAILS ARE CORRECT TO THE NORMAL STANDARDS OF PRACTICE OP LAND SURVEYORS IN THE STATE OF 211914 Plat 4 Roc DM. 20 Datc The. VICINITY MAP l' • 1 My.E 14 CRRTIELCA72 NF DIIIESSI7(41 AND DEDI TION I, THE UNDERSIGNED. HEREBY CERTIFY 11441 FRIENDSHIP MIS90N, AN HARMAN NON -PROBT CORPORATOFI, IS 711E 011ER OF 111E REA. PROPERTY 0110181 AND DESCRIBED HEREON AND ON BEHALF OF FRIENDSHIP 1115904, I HEREBY AOCPT 11110 FLAN OF SUBDIVISION AND BY MY FREE CONSENT DEDICATE ALL RIp115- 17-10.1 AND GRANT ALL EASEMENTS TD 114E USE SHOWN. FRIENDSHIP 19557054 IR AYDON 000011 (PRE95ENT) PO BO% 2634 VENN. AN 99614 NOTARY ACKNOWLEDGMENT FOR. SUBSCRIBED AND SWORN BEFORE ME 111491 DAY OF 2012 NOTARY PUBUC FOR ALASKA MY CG/MISSION DIPIRE5 NAT APPROVA7, THIS PLAT WAS APPROVED BY THE KENAI PENINSULA 80041411 P0ANNNG COMMISSION AT nsc MEE9NG OF KENAI PENINSULA BOROUGH AU1HOt,FD OF110AL 9kR 1 2012 KPB FILE No. R.M. THOMPSON SUBDIVISION 2012 ADM A 9180110190 O R.M. Th.npawk SD 201 ED Rat 4K -106. 4 42012 -8 • Radar LOCATED 041HIN THE NEI /4 SECTOR 26, MN, 1212Y6 SEWARD MERIDIAN, 0TY Cr KENN, KENAI 000005NG 041 01. KENAI P51111SULA BOROUGH, ALASKA CONTAINING 4.555 ACRES INTEGRITY SURVEYS INC. 43335 K -BEACH RD. 9UI1E 10eonD SCL01A 0N ALASKA 99689 ( S1M.MR4 -- (ND Mt ->07• 4eArJKpthemem .t JOB NO 212018 ORA1M: 01 Mart, 2012 Di SURVEYED. 1 grim F 50' 9432 Fee 2120018 PP.d the ciyof KENAI. ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -42 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached platR.M. THOMPSON SUBDIVISION 2011 ADDITION was referred to the City of Kenai Planning and Zoning Commission ozlDctober 31 2011 and received from Integrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds 1. Plat area is zoned General Commercial— CG & Light Industrial- IL and therefore subject to said zone conditions. 2. Water and sewer: Not Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. Theie is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat does not provide as -built information for structures on the parcels. If an encroachment exists; the plat does not create nor increase the encroachment. S. Street names designated on the plat are correct. 9. CONTINGENCIES: a. List owners name on plat. The owner must submit an application to amend the zoning to rezone the new parcel to General Commercial. b. List owners name on plat. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES R.M. THOMPSON SUBDIVISION 2011 ADDITION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ICENAI, ALASKA, NOVEM,` R 9 2011. CHAIRPERSO ATTEST: \ / \ \ / \ \ \ P' 5 \ \ \ \ \ o \ moo; \ \ . 7 (1 \ \ y4. \ \ emrs.� 1) DMpmml of Row Iota Y w l..t to 0,. Qty of Kr,. 04V 7. A.** 2)14. • Slot. maintain* ROM. p.mHt.d who, mo..d by . 54.1 of u°r° Dwaen.,t of Tro p:er a * 3) rant 10 R. of tA. Mldrp ..lib .d)Onant to rrya°f -..r Y ciao ,dtrLy .m.nr,L R. *anoint .trv.tu.. 1004 uo por.n..t.4 or ploced wn Utah. , women! .4*4 •ould MTh. Nth u. 0Rh or o unity 0)Ra.4. or* moot Ito Nob* and ..v0.50o Winder* 4.t*N.* by N. Boron* N or0. • be coml.Y. for .MR5.tIon and Y1dj110 Y, 0Om reed m.Htmme pogrom. 5)•4411150.113 559nA44 TM gxpw of NAY plotting o0Bm le RN mood of . Rot ma *IA •• R.Md. V5tr owlet. iradrytaltr &qutl orq A wi t out.. re* Y not nonfood o. *wand by KPB 20.14.01o(AX2). *444..er to bn.nt and .pm oNt.ma moot from A. ,.y.dry r.p,rrn.,t. of Bo AY.,a o.prtm.n4 of En*.nm.ntel Con.rw5.o. LIEINQ • SECONDART I*MAUIT RECOVERED THIS SURVEY ( 5/r REBAR •711 YPC) • SECONDARY YDp4*R REm1ER*EO TTY SURVEY ( 1/r R ®AR) O SECONDARY N1AIEIXT SET TOPS SURVEY ( 5/4' REHAB RRTI BPC ) ( ) RECORD PER RADAR SUMMON PLAT ND. KN-704 RECORD PER RAI. TIOIPSON SUBEINSION NEIDEBSON REPLAT PLAT NO. 07 -51 NORTH. \t9J \Oj S803016 \\L Ninllchik Dr. 4e • IRO Tr.n) ::1•;: j011),1 cpn Dito114 Pn bd. ti4. L In LJ np�IG��O�SpR�R I ni* .spry te.t I am worrying 4, Dm Stab of brs0 • pvetka Poi Alaska 0m plat rpro.,s o •^`.Y mod. by mo under my d1.t ..MN.bn. 4M mawnrb moon boreal Woolly .m no de.erTB• r1d 04 dIrn.Wma and NON dd•10 on vrrt to Ma *.m..mdrd..1 rx4Ys of bd arrow* • U,. Stale of Ala.,ob NT VICINITY MAP 1' . 1 BILE raRrfr4FYT0 II? DTrICRRRE1 AND DKTTr4Tmd( g0IR4 won cam TNT 0 N0 Or A•) x .1.•40 a R. Ica F.f,ERET wow ND DOMED ROM NO OW (0 (.D 400,7 MOOT 504 P.m Cr MpwL�MW 10 MOO IM°1°) M10�MOT FAtOD1T TO M forROYi5. sDO COO.. TOW M p,�.r4ATIOY,� on. !MOM TRMA.1 , 00I M0.o0EDM EWNO 9445 2.10. COWAN, r 10 Nl MT 0* arawf�M01. 5*0*0� °�OMTO M Or OW 1* 1 HEREBY OERTFY 111AT 0 (RE) RAVE AN MATT INTEREST AS 13041*0ARIES ON DEED OF 1MISf Or THE REAL f5.•Rn SHORN AND 0ESamID HEREON AD THAT RE HEREBY ACIRICAILEOCE THIS Iva OF SDBMYEO4 (NAPE AND AMASS) NDTI A✓R .40000 n —' !AT FOC SUBSCRIBED ANO SWORN WORE k M5 DAY OF 4•1 NOTARY PUBLIC FEN ALASKA YT cakessom DYINES_ PLAT APPRD4AL THIS RAT WAS APPRDIE4 BY TIE KEN9 PENINSULA BCR0024 M AN NNO OOYY159R1 AT THE IEEIMO OF KEN PENINSULA BMWM AUTHORIZED OPTIMAL KPB FILE No RECORDED REC. EST. DAT1. THE p Y MUMMY Blr IN1ECR0 SURVEYS 540 43330 0-BEACH 0D. SUITE 10 5p001NA AK 00.60 RM. Thompson Ertiodivisico A Ad MA.ANm of SD R RµriHrrip.r, RIr,MO YYYn Rapid Plat 41 2006 -130 Located .HAY IN *01 /4 Section 44 DBN. 4120 Sword N.rldrm, CRY .1 K.,.L Rand R...NI,B DYDIot, Keno( P1YW Rom*. N..o Cantdnlog 1.044 Ana. INTEGRITY SURVEYS, INC. 431135 K -0.rd, Rd. SM. 10 5.*tna ArA. 00440 OR.VR4L .ROB ND 211142 2.9 0.-l.Ar. 401 SURVEYED: Oct.* v. 201 FIELD 0K: 201 -5 p5. 40 SCALE 1• - 40' Rr 2111112 PP.dp STAFF REPORT To: Planning & Zoning Commission Date: March 6, 2012 Res: PZ 12- 01(Revised) GENERAL INFORMATION Applicant: Integrity Surveys, Inc. 262 -5573 43335 Kalifornsky Beach Road, Suite #10 Soldotna, AK 99669 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: Preliminary Subdivision Plat — Lot 1, Poore Subdivision A subdivision of Government Lots 6 & 7, Located within the SW '/a Section 6, T5N, R1OW, Seward Meridian 4300 Eagle Rock Drive 04906007 RR — Rural Residential Residential Rural Residential This plat subdivides 1.83 acres from a 55.313 acre parcel creating a new Lot 1 with the remaining acreage being unsubdivided. The property is located in the Rural Residential zone. The minimum lot size in the zone is 20,000 square feet. The new lot exceeds the minimum lot size for the zone and meets all other development standards for the Rural Residential zone. The subdivision is served with onsite water and sewer. The property is located at the end of Eagle Rock Drive, which is a maintained road. The plat extends Eagle Rock drive so that Lot 1 has dedicated access and provides access to the boat launch located at the end of Eagle Rock Drive. At the February 8, 2012 meeting, the Commission approved an earlier version of this plat. That approval recommended approval with less than the 60 -foot right -of -way dedication because of concern that the dedication would create an encroachment to an existing structure. On March 2, 2012, a meeting was held with the surveyor, the property owner and their attorney, a nearby resident, and City representatives. The meeting was held to discuss a revision of the plat. The Borough Platting Official had reviewed the proposed subdivision and recommended a "T- Type" or "Hammerhead" turnaround to accommodate the City of Kenai's road maintenance equipment, and emergency vehicle access in general accordance with KPB 20.20.090. The City proposed an alternative to PZ12- 01(revised) Comments Page 2 the 60'foot dedication with a 30 -foot radius on the north/west comers. This would eliminate the encroachment that would be caused by the dedication and provide reasonable access for emergency vehicles and traffic. In lieu of an installation agreement, the City agreed to accept a letter from the property owner's attorney stating that the newly dedication portion of Eagle Rock Drive would be brought up to City standards and paved during the summer of 2012. RECOMMENDATIONS This is a simple plat that creates two parcels from one larger one. The resulting parcels meet all requirements for the Rural Residential zone. The property is located at the end of Eagle Rock Drive, which is a maintained road. The parcel is served by onsite water and sewer. This plat dedicates an extension of Eagle Rock Drive to provide dedicated access to Lot 1 and the remaining unsubdivided property. The City proposed an alternative to the full 60'foot dedication with a 30 -foot radius on the north/west corners. The dedication shown on this plat represents the City's alternative. This proposal would eliminate the encroachment that would be caused by the full dedication and provide reasonable access for emergency vehicles and traffic. In lieu of an installation agreement, the City agreed to accept a letter from the property owner's attorney stating that the newly dedication portion of Eagle Rock Drive would be brought up to City standards and paved during the summer of 2012. Recommend approval with the following requirements: 1. Remove or amend Note 1. This property is located in the City of Kenai and subject to zoning restrictions for land use. 2. Remove or amend Note 2. This property is subject to setback restrictions for the City of Kenai Rural Residential zone which requires a front setback of 25 feet from all street rights -of -way. 3. Remove Note 6. This property is located in the City of Kenai and any road construction must meet City of Kenai development requirements. 4. Renumber remaining notes accordingly. ATTACHMENTS: 1. Resolution No. PZ12- 01(revised) 2. Preliminary Plat 3. As -built Survey 4. Aerial Photograph 5. Resolution No. PZ12-01 the 4, of KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12- 01(Revised) SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat LOT 1, POORE SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission on March 2, 2012, and received from INTEGRITY SURVEYS. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR — Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Not Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. (See Contingencies.) 8. Street names designated on the plat are correct. 9. CONTINGENCIES: • See Page 2. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES LOT 1, POORE SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, MARCH 14, 2012. CHAIRPERSON: ATTEST: Resolution PZ 12- 01(Revised) Page 2 Contingencies: 1. Remove or amend Note 1. This property is located in the City of Kenai and subject to zoning restrictions for land use. 2. Remove or amend Note 2. This property is subject to setback restrictions for the City of Kenai Rural Residential zone which requires a front setback of 25 feet from all street rights - of -way. 3. Remove Note 6. This property is located in the City of Kenai and any road construction must meet City of Kenai development requirements. 4. Renumber remaining notes accordingly. NORTH CURVE TABLE CURVE 06TH RADIUS C1 t^'FiF'3��TYS'ATSINT57 0N0RD CHORD BEARING b CFRrIFICATE OF Rf1RYEYOH I bre0 Mty Mac 1 em preperdy r hte.d and Noon to we:.05 Iond furveykra In 0 state of Meek, Mil. Not reprPsole a wrey mode by aW Munder my dlrex 9.04.1 on, the monument. om near, eptuay 4.lel ac descreed, end a dkeonsb1e and other .lob an erred to the usenet N Molder. f eme o ti survey. f land survey. /.. J 0/BIM MONUMENT RECOVERED /pmyenr.wrr .eon GL0/011 MONUMENT OF RECORD eewararwawersea/ PRIMARY MONUMENT SET THIS SURYEY/.waroro.rrrs.s, PRIMARY MONUMENT RECOVERED rsmye norwrsrrrMV! PRIMARY MONUMENT OF RECORD leerrr., r are eeevi SECONDARY MONUMENT SET THIS SURVEYsrmy.rersrw.r wen/ 5EC06ARY MONUMENT RECOVERED /army. arerserr ww.J SECONDARY MONUMENT 26 RECORD.srmye ar..rsrarsvl SECONDARY MONUMENT OF RECCD/.esmy• arreranrrewr! DOT/0F CONCRETE ROW MARKER rsrmyFer.ordrrswr•rr.®1 GEODETIC CONTROL MONUMENT RECOVEREOsrmyenrsrorom..n, GEODETIC CONTROL MONUMENT OF RECORD RECORD PC SUBOIM90R RAT NO 1YTTTT RECORD PER 96.M901 PLAT N0. TTTTN. RECORD PER 9694,901 PLAT N0. TMTETT NOTE46 1) P.O. land uses are raaealbnal, IMdenthl, a9Hwllurol, and commvclal. 2) BuedI r9 Setback - A .x pack of 20 feet k m9uked from ell xreel rights-of-way Ns. M e(prod by mealatm of Me rearini Pm g COtsMo0. 3)Na whets omen to Stole moInl0ked ROW. permitted Inleee approved by Me stet. of Ariake Deportment of T.on.portxbn. 4)Front 10 R of the 00161.9 setback od)xent to right. -ol-way Is also o otely .a..mont. No pennon.nt structure shot be constructed or placed INN a of *ly aceenwl which wand Interfere With the ablity of e Unity le eye Ins eseemant. 5)4.04. wi0N thle .obdM9kn may he located within a designated hood hazard wee; if eueh M the sow. development must comply with Bete 21 of the Konx Peninsula Borough Code of 009.0ace1 0 army to determine 0. M.00on of the property may be mg0eed prior to construction. 5)Rsods reex meet the 60.191 and conetractian Monde. *Nob.. by 490 eraren N order to be can.MS1d for cr115wt1en out N.,. F Me mop maintenance program. 7)WASTFWATTR OCPOSAI I0T 1; 5o1 c0n4t.ons. rater table levels. end soil *epee N UN sebabision have been found wltmle for conentlon0 09,14e e4 saving widene0. and meeting the dropped olory rpukemmt la Kq Penhao Borough. My other tipe of on,NO wastewater treatment d t end dlepo, system must be designed by a professional sreoffered to oo�IN�Tma40 � 6I4e yn must be approved by lee. Aawe Dept. Engineer License 9 D01. 6)70. nature] meanders of the INe of 14.nn 1115h Write or Ordinary High Waie forms 0e Use bound 01140 eubdUSbn. The oypreshnale IM of Mem HK9h Wets w Ordinary High Water, ail slam. h for computation. ...y. Gm IRUE PWrlyy eon. being an 44. nlesion of the olds tot thee and their htrwatten wi0 the natural mem... 9)Pwtbns of 0M e9MM.lan we 9100. p.. Kenx Panh.10 Borough 5011 Anedran00e Stream Ha*lix Protection M. D.velepm.0t may be restricted We under Cho91r 21.113 Keno! Peninsula Borough Code of N VICINITY MAP it - TITLE b3 re hi' ice.`, Anti! 32 17 CERTIFICATE OF OWNERSHIP AND DEDICATION I HEREBY =TRY THAT I AM THE OMNER Cr THE REAL PROPERTY SHOWN AND DESCRIED HEREON AHD THAT I HEREBY ADOPT THIS PLAN OF SUB01N90N AND BY NY FREE CONSENT DEDICATE AL RODS -0F -WAY AND PUBLIC AREAS TO PUBLIC USE AND GRANT ALL EASEMENTS 10 THE USE SHOWN. e0OMA A POORE 4300 EA( ROCK 09. OK 991511 NOTARY 00 ACKNOWLEDGMENT FOR: VIRGINIA A POORE 918519649 MID SWORN BEFORE ME TIS_ ILLY OF 201E NOTARY PUBLIC 905 ALASKA MY COMM1590N EXPIRES PLAT APPROVAL. THIS RAT WAS APPROVED BY THE KEN» PENINSULA BOROUGH PLANNING OOMIIISMON AT THE MEETING OF 0.644» PENN5UHA 8000401 AUDI Cl2ED OfF10AL KPB FILE No. POORE SUBDIVISION A w66.M1m of Government Lots B and 7 Located within the 5W1 /4 5eetlen B. MN. MOW. Sexed 04.4040,. C41y of Kwon. Keel 000000199 01.4106 Keno* Peninsula Borough. Aloskp Con*0MN9 55.313 Aaree INTEGRITY SURVEYS, INC. 43335 K -B.0* Rd. Suite 10 Se *Otn9, 6*000 99569 simmer l.e'0 rra 10*60M .108 N0 211195 009509 02 March, 2042 SH 910 T 5044.2: I.. 200 REED 810 T 91HE: 211195 PP.0 • t.i-Apt,UNUEI&n'W A \ \Xm\ \/\'k\ ,� \IA \ gi Sli 57 CURVE TABLE GIOr 1 g O I T* I R ,TD 0p'I ]111 CHORD 101000 BEARRI2> C. UGC[RCKOR. - \ too 1 \ \ \ I\ certify Utah TF. O£ SF/RVE1'OR IIwnM tom U,.0 1 am 9100al2Inre' ire sal w0 of Aorta MM pot lrept...nu, a sena, made stare or under my Waal aperi.ln, the m dI,90 F «wally pelt ere 1en1InW,1 nA MI show dlmnAaO and other deto0a ere correct to the eternal *Necked* of practice *11013 eurwywe In Me State 01 Marko. J 4. 1.0 /601 MONUMENT RE00VERE0 rsr. r+..,eerwwrseJ `E G.0/BLM MONUMENT OF RECORD /.serr•nr.arw.r verso/ 0 PRIMARY MONUMENT SET 71115 SURVEY /srs.00 ... rrorrJ ® PRIMARY MONUIENT REC01ERE0 ysra'.+wsrww ere., m PRIMARY MGNL4IENT CF RECORD /.w11,11. 01 w Arco SECONDARY MONUMENT SET 045 SURVEYSmar.rrriarn mom:, O SECONDARY MONUMENT RECOVERED/we•..rwsw.rcer, O SECONDARY ARGUMENT OF RECGN /our:. wr.erw.'Ar.e.J - SECONDARY MONUMENT OF RECORUICra.eaerwweremy, O DOT/PF CONCRETE ROW MARKER rnor sa ArrAnr. 17•Pf .m. ® DEODE5C CONTROL MONUMENT REC0452EO'.va.wrcrw.*eremJ ® OE00E10 CCNTIOL MONUMENT OF RECORD ( ) RECORD PER 9JBg09G0 RAT 012. MT?? [ ] RECORD PER 9180N90N PUT NO. 914t11 1 1 RECORD PER SUBOIN90N RAT N0. 711134 Harms; 1) ooed land uses ate recreational, re.Wen0ol, o0ncolwrw, and m 2)Bundlr.4 Setback - A set bock of 20 feet Is required hem 01 street rl9hls -of -trey unless o lesser .igndord N approved by resolution of M. appropriate Planing 000,10 abn. 3)No private access to Stale moNlalned ROY!. permitted unless epprawd by Me Stale of AlaWe OepWment of Tron.pertatiem 4)Fratt 10 R. of the buidog ntback adjacent to rights-of -boy Is oleo a utlgy .oeemnl. No perma.nt structure Moll be an.wated 00 placed *1011 a ulTlly easement .040 would Interfere .ith the ability e/ o Utmty to use the eoeemnt. 5)LOts within MX eu0Ehi.l00 may be located .10101 a deelgoaled goad hoiad area 11 emit is the ran, devNapmnl must aanplldM Title 21 of Me Knol PenIn.ulo Baeu9b Code 10td405 �s. a sires/ to determNe Me elevation 01 the properly may be resulted aasUOetiOn. 0)Roads mint meet Me dngn and constructer, .100200*t e.ta*hhed by M. 900ough In order to be considered Sr eorthicelon 002 Intlusi0n W Me rood maIntaaee 0109tam. 7)%AS1EWATFR 9140080E LOT 1' Sol condition. rata' table level.. and e0i Mopes M Mu .80Nebn haw ben found eulldte for commlbntl well* beater S.M. and disposal 080lem..01(n9 si91e -fanly n dopier residences and meetIng M. regulatory nquhernnl* of the 0.0 Pe 01010 Borough. Any enter *yds of on0le wastewater treatment and disp_- . syNem must be designed by a prole.Ma20 nglneer, registered to practice ion Uaka end the design mud be approved by Me Alois opt. r Enwwmnm cn.er.aean. Eng6.er 0*0*1*e .5 Go 6)1be natural meander* of the rm. 01 Mew High WOter a Ord0a7 IRON Water lam. the We bound of Me subdMelon. The apprnb 20. Ile. of 0o . Mgh Water w Oder 4Hig Water, w Mown, is for computations only. The TRUE property c belng an the extension of Me Ade lot Ines and 111.' 0taaoclbn Mtn the natural meander. 9)POrtons of ells vubdobgn are within the Kenai Peninsula B0mu4b 50(1. Anodronous Stream H0b11at Proleetl00 Aron. Development may be restricted under Chapter 21.16 Knol Peninsula 9orou911 Gds e1 OrSnances VICINITY MAP - 1 MILE CERTIEIG4TE O£ 08N£RRILP A_MJ D£DIC TION HEREBY CERTIFY THAT 1 AM TIE 0100420 TH 0420 OF E REAL PROPERTY 910WN AO 025040EO HEREON AN0 THAT l HEREBY A00PT THIS PUN OF S BODASIG0 AND BY MY FREE CONSENT DEDICATE ALL RIGHTS -OF -WAY AR0 PUBUC AREAS TO PUBLIC USE AND GRUNT ALL EASEMENTS TO THE USE SNORT/ NR(9IA A. POORE 4700 EAGLE ROOK DR. KENN. AK 99611 NOTARY'S ACENOWLEDGMENT 400: VIRGINIA A. POORE 918SCRI9E0 AND MIN BEFORE ME THIS DAY OF 2012 NOTARY PU9UC FG0 ALASKA MY 00004129004 609820 PLAT APPROYAl, TIPS PLAT WAS APP1301E0 BY THE KENAI PENINSULA 001131.101 RUINING COMMISSION AT 111E MEETING OF KFNAI PENINSULA BOROUGH AUTHORIZED 00915 KPB FILE ND. POORE SUBDIVISION A erbdWbon or Government Lae. 6 and 7 Located .ARAM Me 5141 /4 5*cton 6, TM, RIG%, Seward MenSom 0ly of N.ne, Hanel Ree03319 17Mtr02. Kenai PnMSUI0 6aroug, Ueda. Containing 55.313 Acres INTEGRITY SURVEYS, INC. 43335 8 -Beach Rd. Sidle 10(..0o00 S0dnwo. AMska 99869 WPM". rAr — (aaO AYH PLANH T5 JOB NR 211105 DRAIN: D2 Maa1, 2012 91 9MYE1EO. T SCALE 400 d1: 1 I11E: 211195 PF.0 Z and garage Proposed Lot 1 Poore SD 2 story house (,., Proposed 25' Building Setback 11.43 15.E it 0 0 0 z existing driveway Proposed 25' Building Setback 0 N89'59'25 "E a 60' M„0 L,80.00N 0 0 0 10' Utility Easement 10' Utility Easement 000 ii4 �c� Sungapaut �D A U LOSIS 2 EAGLE ROCK DR. PROPOSED ROW DEDICATION S88'58'22 "W 96.94' Js EXISTING GRAVEL ROAD TO BOAT LAUNCH Section 6 T5N R IOW Government Lot 6 Government Lot 7 Bar Scale 101 I M„0 1.,90.00N N 0 0 0 L L©11 Mck SunpM Pak S 10' Utility Easement Date: 10 Feb, 2012 NORTH NOT A VALID COPY WITHOUT A SEAL AS —BUILT LOCATION SURVEY © 2012 LEGEND 0 Birch Tree • Rebar (found) As —built Location Certificate I hereby certify that this survey is a representation of the conditions that were found at the time of the location survey was performed on: Government Lot 6 Scale: 1" = 50' I F.B. #: 2012 -2 pg. 8 KENAI RECORDING DISTRICT PIat:GLO 6/4/43 Surveyed: February 8, 2012 Drawn: JY W.O. # 211195 File: 211195 ASB.dwg INTEGRITY SURVEYS, INC. 43335 K —Beach Rd. Ste. 10 Soldotna, AK 99669 `SURVEYORS PHONE — (907) 262 -5573 PLANNERS FAX - -- (907) 262 -5574 Section 6 T5N R1OW and that this document does not constitute a boundary survey and is subject to any inaccur- acies that a subsequent boundary survey may disclose. The information contained on this drawing shall not be used to establish any fence, structure or other improvements. Exclusion Note: It is the responsibility of the Owner to determine the existence of any easements, covenant, or restrictions which do not appear on the recorded subdivision plat. J 17a��e y Cate i'' ;' ^0' + !; 1996 OPLAlkii >. r. t 24,12 ogle 3C 32'59.50' N 15 '06'32 76" W ei•a 69, ft 1111, cye alt 587 it the of KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ12 -01 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached platLOT 1, POORE SUBDIVISION was referred to the City of Kenai Planning and Zoning Commission onJANUARY 19, 2012, and received from INTEGRITY SURVEYS. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR — Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Not Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed tcthe City of Kenai for the referenced property. 4. Installation agreement or construction of improvements is not required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create nor increase the encroachment. (See Contingencies.) 8. Street names designated on the plat are correct. 9. CONTINGENCIES: • See Page 2. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES LOT 1, POORE SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNIN D ZONING C MMISSION OF THE CITY OF KENAI, ALASKA, FEBRUARY 8, 20 CHAIRPERS ATTEST: doe Resolution PZ12 -01 Page 2 Contingencies: 1. Consider a right -of -way dedication less than the full width (60 feet) as provided for in KMC 14.10.070(b)(2), "When minor streets adjoin unsubdivided property, a half street at least thirty (30) feet in width may be dedicated..." Topography and wetlands in the area restricts future development and supports a half- dedication. 2. Provide verification of the distance from the structure (located on Lot 1) to the property line. This information is required to determine if an encroachment will be created with the dedication of Eagle Rock Drive. 3. If distances obtained show an encroachment will be created with the plat, an application for a variance to the front setback requirement must be submitted and approved by the Kenai Planning & Zoning Commission prior to recording of the final plat. 4. Remove or amend Note 1. This property is located in the City of Kenai and subject to zoning restrictions for land use. 5. Remove or amend Note 2. This property is subject to setback restrictions for the City of Kenai Rural Residential zone which requires a front setback of 25 feet from all street rights - of -way. 6. Remove Note 6. This property is located in the City of Kenai and any road construction must meet City of Kenai development requirements. 7. Renumber remaining notes accordingly. ACTION AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 7, 2012 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http : / /www.ci.kci &i.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. The National Anthem by Olivia Brewer of the Central Peninsula Girl Scouts 3. Roll Call 4. Agenda Approval 5. ORDINANCE NO. 2013 -2012 REMOVED. 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. 6. Proclamation Presentation "Girl Scout Week, March 11 -17, 2012" * Scheduled 10 Minute Recess 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 (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. PASSED UNANIMOUSLY. Ordinance No. 2609 -2012 - Authorizing a Budget Transfer in the General Fund and Increasing Estimated Revenues and Appropriations by $100,000 in the Trails Construction Capital Project Fund. 2. PASSED UNANIMOUSLY. Resolution No. 2012 -12 - Approving a Contract to Wolf Architecture, Inc. for Kenai Public Works Equipment Maintenance Shop Design Services for the Total Amount of $98, 346.00. 3. PASSED UNANIMOUSLY. Resolution No. 2012 -13 - Authorizing a Budget Transfer of $18,714 into the General Fund for Building Department Repair and Maintenance. City of Kenai Council Meeting Agenda Page 1 of 5 March 7, 2012 g 4. PASSED UNANIMOUSLY. Resolution No. 2012 -14 - Declaring the 1981 GMC 10 Yard Dump Truck and the 1990 Ford L9000 10 Yard Dump Truck to be Surplus or Obsolete, and to be Sold as Provided in Kenai Municipal Code 7.15.060. 5. PASSED UNANIMOUSLY. Resolution No. 2012 -15 - Urging the United States Congress to Pass Legislation to Open the Coastal Plain of the Arctic National Wildlife Refuge (ANWR) to Oil and Gas Exploration, Development and Production. 6. PASSED UNANIMOUSLY. Resolution No. 2012 -16 - Authorizing the Purchase of a Motorgrader from NC Machinery for the Total Amount of $339,740. E. MINUTES 1. APPROVED BY CONSENT AGENDA. *Regular Meeting of February 15, 2012 F. UNFINISHED BUSINESS 1. APPROVED UNANIMOUSLY. Action /Approval - Assignment of the Facility Management Agreement between the City of Kenai and the Kenai Convention and Visitors Bureau, Inc. G. NEW BUSINESS 1. APPROVED UNANIMOUSLY. Action /Approval - Bills to be Ratified 2. APPROVED UNANIMOUSLY. Action /Approval - Purchase Orders Exceeding $15,000 3. APPROVED UNANIMOUSLY. Action /Approval - Amendment to Facility Management Agreement Between the City of Kenai and Beacon Occupational Health and Safety Services, Inc. to Manage and Operate the Alaska Fire Training Center Owned by the City. 4. APPROVED UNANIMOUSLY. Action /Approval - Grant of Easement to the City of Kenai for a Non - exclusive Right -of -Way and Utility Easement for use for General Government Purposes of an Approximately 9,754 Square Foot Public Use Roadway Located Within the Northwest 1/4 Northwest 1/4 of Section 5, Township 5 North, Range 11 West, Seward Meridian, Alaska. 5. Discussion - Kenai Municipal Airport Tree Obstruction Removal Project. 6. APPROVED BY CONSENT AGENDA. *Approval of Liquor License Renewals • American Legion Post #20 City of Kenai Council Meeting Agenda Page 2 of 5 March 7, 2012 • Fraternal Order of Eagles #3525 • Pizza Hut 7. INTRODUCED BY CONSENT AGENDA /PUBLIC HEARING - MARCH 21, 2012. *Ordinance No. 2610 -2012 - Amending Kenai Municipal Code 14.22.010, "Land Use Table," to Allow Bed and Breakfast in the Recreation Zone (R) as a Permitted Use instead of Requiring a Conditional Use Permit. 8. INTRODUCED BY CONSENT AGENDA / PUBLIC HEARING - MARCH 21, 2012. *Ordinance No. 2611 -2012 - Amending Section 14.20.150, "Conditional Use Permits," to Expand the Authority of the Planning & Zoning Commission to Consider Requests for Extensions of Permits in Situations Where the Conditional Use Permit has Lapsed or Expired Due to Non -Use; to Extend the Time for Extensions from 6 Months to up to One (1) Year Each; and, to Provide an Express Appeal Process. 9. INTRODUCED BY CONSENT AGENDA / PUBLIC HEARING - MARCH 21, 2012. *Ordinance No. 2612 -2012 - Amending Section 14.20.145, "Recreation Zone (R)," to Incorporate Changes to the Land Use Table (KMC 14.22.010) Regarding this Zoning District for Purposes of Consistency and to Make Format Changes for Purposes of Uniformity within the Kenai Zoning Code, KMC 14.20. 10. INTRODUCED / PUBLIC HEARING - MARCH 21, 2012. Ordinance No. 2613 -2012 - Amending Kenai Municipal Code Section 1.25.020, "Duties," to Include the City Clerk as Parliamentarian to the City. 11. INTRODUCED BY CONSENT AGENDA / PUBLIC HEARING - MARCH 21, 2012. *Ordinance No. 2614 -2012 - Amending Kenai Municipal Code Sections 1.15.120, "Rules of Order" and 1.90.050, "Proceedings," to Adopt Robert's Rules of Order Newly Revised, 1 lth Edition, as the Rules of Parliamentary Procedure for the City Council and for City Boards, Commissions, and Committees. 12. INTRODUCED BY CONSENT AGENDA / PUBLIC HEARING - MARCH 21, 2012. *Ordinance No. 2615 -2012 - Increasing Estimated Revenues and Appropriations in the General Fund and Congregate Housing Enterprise Fund for Insurance Proceeds and Federal /State Emergency Management Funds for the Repair of City Facilities Damaged During the Severe Winter Storm on November 16, 2011. 13. INTRODUCED BY CONSENT AGENDA / PUBLIC HEARING - MARCH 21, 2012. *Ordinance No. 2616 -2012 - Increasing Estimated Revenues and Appropriations in the Airport and Airport Improvement Capital Project Fund for the Obstruction Tree Removal Project. City of Kenai Council Meeting Agenda Page 3 of 5 March 7, 2012 14. INTRODUCED BY CONSENT AGENDA / PUBLIC HEARING - MARCH 21, 2012. *Ordinance No. 2617 -2012 - Amending Kenai Municipal Code Section 23.25.060, "Overtime," to Clarify the Overtime Rate Paid to Temporary Employees and Making Technical Corrections. 15. INTRODUCED BY CONSENT AGENDA / PUBLIC HEARING - MARCH 21, 2012. *Ordinance No. 2618 -2012 - Increasing Estimated Revenues and Appropriations by $31,000 in the General Fund for the Police Department to Purchase a Ford F -150 and Accompanying Police Accessories from Insurance Proceeds to be Received from the At Fault Driver's Coverage. 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 I. 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 M. PENDING ITEMS 1. Ordinance No. 2597 -2011 - Amending Kenai Municipal Code 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Suburban Residential (RS), Suburban Residential 1 (RS1), Suburban Residential 2 (RS2), Rural Residential (RR), Rural Residential RR -1, and the Urban Residential (RU) Zoning Districts. /Clerk's Note: At its November 16, 2011 meeting, Council postponed Ordinance No. 2597 -2011 to the August 1, 2012 meeting and the ordinance was referred back to the Planning and Zoning Commission City of Kenai Council Meeting Agenda Page 4 of 5 March 7, 2012 g so the Commission could continue to consider the changes proposed in this work product during the Comprehensive Plan process.] N. ADJOURNMENT -- 9:30 P.M. INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review 2. Budget Transfer in Capital Projects in Excess of $5,000 - None 3. Planning & Zoning Commission Application Submitted by Jake Arness 4. Correspondence from Lieutenant Governor Mead Treadwell Regarding the Alaska Historical Commission The agenda and supporting documents are posted on the City's website at tvtvw.ci.kerrai.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 -7535 ext 231. City of Kenai Council Meeting Agenda Page 5 of 5 March 7, 2012 g MEMBERS: Paulette Bokenko- Carluccio City of Seldovia Term Expires 2012 Mari Anne Gross Southwest Borough Term Expires 2014 Sandra Holsten East Peninsula Term Expires 2013 James Isham Sterling Term Expires 2012 Robert Ruffner Kasilof / Clam Gulch Term Expires 2012 ALTERNATES: Harry Lockwood Ridgeway Term Expires 2013 gb KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 6:30 p.m. February 27, 2012 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. February 13, 2012 Plat Committee Minutes PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) SUBDIVISION PLAT PUBLIC HEARINGS 1. Poore Subdivision KPB Fite 2012 -015 [Integrity /Poore] Location: City of Kenai 2. Kenai Spur - Airport Lease Property City Gate Addn. KPB File 2012 -016 [McLane /City of Kenai] Location: City of Kenai 3. Cohoe Lakes Sub Shaw's Landing Addn. No. 3 KPB File 2012 -017 [Johnson/Tubbs] Location: Cohoe Loop area Stanley's Meadow Weller Addition (Revised Preliminary) KPB File 2009 -059 [Imhoff/Weller] Location: East of East End Road in Homer K -Bay APC 5. Lulu Middleton (Revised Preliminary) KPB File 2011 -170 [Imhoff /Middleton] Locution: On East End Road in Homer K -Bay APC 6. Cabin Cove No. 3 KPB File 2012 -021 [Imhoff /Peek] Location: On Caribou Lake K -Bay APC F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly sch: :duled Plat Committee meeting will be held Monday, March 12, 2012 in the Assembly Chambers of the George A. Navarre Kenai Peninsula Borough Building, 144 North Binkley, 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: planninq(c�borough.kenai.ak.us u.:tb site: www, borough .kenai.ak.us /planningdept Philip Bryson Chairman Kenai City Term Expires 2013 Paulette Bokenko- Carluccio PC Member City of Seldovia Term Expires 2012 Alice Joanne Collins PC Member Anchor Point/ Ninilchik Term Expires 2013 Cindy Ecklund PC Member City of Seward Term Expires 2014 Dr. Rick Foster Parliamentarian Homer City Term Expires 2013 Mari Anne Gross PC Member Southwest Borough Term Expires 2014 Sandra Key Holsten PC Member East Peninsula Term Expires 2013 James (sham PC Member Sterling Term Expires 2012 Harry Lockwood PC Member Ridgeway Term Expires 2013 Blair Martin Vice Chairman Kalifornsky Beach Term Expires 2012 VACANT PC Member City of Soldotna Term Expires 2014 Robert Ruffner PC Member Kasilof /Clam Gulch Term Expires 2012 KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE r \. NAVARRE ADMINISTRATION BUILDING , 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 February 27, 2012 - 7:30 P.M. Tentative Agenda A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marlced .vith an asterisk ( *) are consent agenda items. Consent agenda items are 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 Commissioner so requests in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to col nrnent on a consent agenda item or a regular agenda item other than a public hearing, please advice th:. recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. *1. Time Extension Request a. Inman Subdivision No. 2 KPB File 2009 -109; Johnson /Inman Location: On Old Sterling Hwy in Anchor Point Anchor Point APC *2. Planninn Commission Resolutions - None *3. Plats Granted Administrative Approval *4. Plats Granted Final Approval (20.04.070) - None *5. Plat Ai nendment Request - None *6. Commissioner Excused Absences a. Philip Bryson, City of Kenai b. Joanne Collins, Anchor Point / Ninilchik *7 Minutes February 13, 2012 Plat Committee Minutes February 13, 2012 Planning Commission Minutes PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS (Items other than !hose appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) 1. "Relevance of Address & Street Name Accuracy to Public Safety" Carrie Henson, E911 Addressing Officer E. UNFINISHED BUSINESS Jason Tauriainen PC Member Northwest Borough Term Expires 2014 Max J. Best Planning Director Mike Navarre Borough Mayor F. PUBLIC HEARINGS 1. Resolution 2012 -11; Conditional Land Use Permit application for gravel and sand extraction on approximately 18 acres of the subject parcel. Materials extracted from the proposed are for use in the construction of the State of Alaska Trail River, Falls Creek, and Ptarmigan Bridge replacement projects. Location: Between Mileposts 24 & 25 of the Seward Highway - LOT 2, United States Survey 7391, SEC 13 & 24, T 4N R 1W, Seward Meridian, AK. Applicant: Bristol Construction Services. Landowner: Alaska Railroad Corporation. Parcel #125 - 141 -01; 80.92 acres. G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) 1. Resolution 2012 -06; Conditional Use Permit pursuant to KPB 21.18 to construct a boat launch with a concrete apron, gabions and a floating dock within the Habitat Protection District of the Kenai River. This project is located on the right bank of the Kenai River at river mile 1, Tract B, Kenai Tidelands Survey No. 2, Section 4, T5N R11W, S.M., AK, (KPB Parcel I.D. # 049- 011 -32). 2. Resolution 2012 -07; A Conditional Use Permit pursuant to KPB 21.18 for the construction of a travel -lift boat slip within the Habitat Protection District of the Kasilof River. This project is located on the left bank of the Kasilof River at river mile 1.5, on Tract A, Lovdahl -Rains Tract A, Section 2, T3N R12W, S.M., AK, (KPB Parcel I.D. # 133 - 022 -05); and on Alaska Tideland Survey 1507, Section 2, T3N R12W, S.M., AK, (KPB Parcel I.D. # 133 - 022 -34). 3. Resolution 2012 -08; A Conditional Use Permit pursuant to KPB 21.18 for the replacement of an existing damaged culvert along with fill and grade work within the 50 -foot Habitat Protection District of Bishop Creek an anadromous stream. This project is located within the SOA Holt- Lamplight Road right -of- way on the right and left banks of Bishop Creek, located in Section 21, T7N, R11W, S.M., AK, (adjacent to KPB Parcels I.D. #013 - 570 -01 & 013 - 570 -03 ) 4. Resolution 2012 -10; A Conditional Use Permit pursuant to KPB 21.18 to construct an 8 foot X 40 foot fish cleaning station with multiple fish cleaning tables attached to a single platform. This project is located on tha left bank of the Kenai River at river mile 21, on Govt Lots 5,8 and 9,designated as Centennial Park, Section 31, T5N, R1OW, SM, AK, (KPB Parcel I.D:060- 011 -26). H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None SPECIAL CONSIDERATIONS- None J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 6 preliminary plats. K. OTHER /MEW BUSINESS L. ASSEMBLY COMMENTS M. LEGAL REPRESENTATIVE COMMENTS N. DIRECTOR'S COMMENTS 1. Email Regarding Planning Commission Training O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Kenai Planning & Zoning Commission Minutes - February 8, 2012 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, March 12, 2012 in the Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m. Advisory Commission ADVISORY PLANNING COMMISSION MEETINGS Meeting Location Date Time Anchor Point Cooper Landing Hope / Sunrise Anchor Point Chamber of Commerce Cooper Landing Community Hall Hope Social Hall March 6, 2012 March 20, 2012 7:00 p.m. March 7, 2012 6:00 p.m. March 8, 2012 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, anJ 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 KENA1 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: planninq(borough.kenai.ak.us web site: www. borough .kenai.ak.us /planningdept 3 Philip Bryson Chairman Kenai City Term Expires 2013 Paulette Bokenko- Carluccio PC Member City of Seldovia Term Expires 2012 Alice Joanne Collins PC Member Anchor Point/ Ninilchik Term Expires 2013 Cindy Ecklund PC Member City of Seward Term Expires 2014 Dr. Rick Foster Parliamentarian Homer City Term Expires 2013 Mari Anne Gross PC Member Southwest Borough Term Expires 2014 Sandra Key Holsten PC Member East Peninsula Term Expires 2013 James lsham PC Member Sterling Term Expires 2012 Harry Lockwood PC Member Ridgeway Term Expires 2013 Blair Martin Vice Chairman Kalifornsky Beach Term Expires 2012 VACANT PC Member City of Soldotna Term Expires 2014 Robert Ruffner PC Member Kasilof /Clam Gulch Term Expires 2012 KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 March 12, 2012 - 7:30 P.M. Tentative Agenda A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk ( *) are consent agenda items. Consent agenda items are 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 Commissioner so requests in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment 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 wit inform the Chairman of your wish to comment. *1. Time Extension Request a. Nedosik Tracts Tulin Skyline Highland KPB File 2000 -130 [Johnson /Tulin] Location: Skyline Drive, North of Homer b. Tulin Birch Lake Sub KPB File 2007 -224 [Johnson /Tulin] Location: East of Rector Street in North Kenai c. Tulin Terrace Sub East Terrace Addn. KPB File 2005 -123 [Anderson /Johnson /Tulin] Location: City of Homer *2. Planning Commission Resolutions - None *3. Plats Granted Administrative Approval *4. Plats Granted Final Approval (20.04.070) - None *5. Plat Amendment Request - None *6. Commissioner Excused Absences a. Joanne Collins, Anchor Point / Ninilchik b. Robert Ruffner, Kasilof / Clam Gulch Minutes a. February 27, 2012 Plat Committee Minutes b. February 27, 2012 Planning Commission Minutes *7. D. PUBLIC COMMENT /PRESENTATIONS /COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) Jason Tauriainen PC Member Northwest Borough Term Expires 2014 Max J. Best Planning Director Mike Navarre Borough Mayor E. UNFINISHED BUSINESS F. PUBLIC HEARINGS 1. Vacate that portion of the 66 -foot section line easement lying west of the mean high water line of the Kenai River and east of Government Lot 13 of Section 17, Township 5 North, Range 11 West, S.M., AND vacate the east portion of the 33 -foot section line easement Tying north of said Government Lot 13 (179 feet more or less), all lying within Tract A of the Kenai Landing Cottages Subdivision (Plat KN 2005 -29) and within Sections 8 and 17, Township 5 North, Range 11 West, Seward Meridian, Alaska; the City of Kenai, Alaska; and the Kenai Peninsula Borough. KPB File 2012 -020. Petitioner: Jon Faulkner, President for Kenai Landing, Inc. of Homer, Alaska. Location: City of Kenai 2. Proposed Resource Development Classification of approximately 40 acres of Borough land located on the Kustatan Ridge located on the west side of Cook Inlet between the McArthur and Kustatan River drainages. Within Section 25, T9N, R15W, S.M., Alaska, Pursuant to KPB Code of Ordinances, Chapter 17.10.080(F) 3. Ordinance 2012 -_, Amending KPB 21.18 - Anadromous Streams Habitat Protection to permit certain structures in tidally inundated areas, conditionally permit certain structures within the Habitat Protection District, and add definitions G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) 1. Resolution 2012 -08; A Conditional Use Permit pursuant to KPB 21.18 for the replacement of an existing damaged culvert along with fill and grade work within the 50 -foot Habitat Protection District of Bishop Creek an anadromous stream. This project is located within the SOA Holt- Lamplight Road right -of- way on the right and left banks of Bishop Creek, located in S21 T7N R11 W, SM, AK, (adjacent to KPB Parcels 013 - 570 -01 & 013 - 570 -03. (Continued from February 27, 2012 meeting; Motion on the Floor: to approve Resolution 2012 -08 thereby granting the conditional use permit based on staff recommendations and findings.) H. VACATIONS NOT REQUIRING A PUBLIC HEARING 1. Vacate the 10 -foot utility easement to accommodate an encroaching well and septic pipes along the southern boundary of Tract 1 granted by Veil O'Mist Subdivision No. 3 (Plat KN 74 -66); within Section 6, Township 5 North, Range 8 West, Seward Meridian, Alaska, within the Kenai Peninsula Borough. KPB File No. 2012 -022. KPB PC Resolution 2012 -12. Petitioners: Melissa and Michael Daugherty of Sterling, Alaska. Location: On Waxwing Way in Sterling SPECIAL CONSIDERATIONS- None J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 6 preliminary plats. K. OTHER /NEW BUSINESS L. 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. Seward Planning & Zoning Commission Meeting Minutes - December 6, 2011 2. E911 Relevance of Address & Street Name Accuracy to Public Safety Handouts FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, March 26, 2012 in the Assembly Chambers, Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Commission Meeting Location Date Time Anchor Point Anchor Point Chamber of Commerce March 20, 2012 7:00 p.m. Cooper Landing Cooper Landing Community Hall April 4, 2012 6:00 p.m. Hope / Sunrise Hope Social Hall April 5, 2012 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. borough .kenai.ak.us /planningdept 3 MEMBERS: Paulette Bokenko- Carluccio City of Seldovia Term Expires 2012 Mari Anne Gross Southwest Borough Term Expires 2014 Sandra Holsten East Peninsula Term Expires 2013 James (sham Sterling Term Expires 2012 Robert Ruffner Kasilof / Clam Gulch Term Expires 2012 ALTERNATES: Harry Lockwood Ridgeway Term Expires 2013 KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 6:30 p.m. March 12, 2012 Tentative Agenda A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member /Alternate Excused Absences a. Robert Ruffner, Kasilof / Clam Gulch 3. Minutes a. February 27, 2012 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. Soldotna Junction Sub. 2012 Replat KPB File 2012 -018 [Integrity /Cook] Location: City of Soldotna 2. Section Line Easement Vac Plat Assoc. w /Kenai Landing Cottages Sub. KPB File 2012 -019 [Integrity /Kenai Landing, Inc.] Location: City of Kenai 3. Blanchard Sub Number 4 KPB File 2012 -025 [Integrity/Woodland] Location: On Wendy Ln off Gas Well Rd. 4. Woodfin Sub No. 2 KPB File 2012 -026 [Johnson /Henry] Location: On Allview Avenue in Sterling 5. Thompson Sub Upton Addition KPB File 2012 -028 [Imhoff /Upton] Location: City of Homer F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, March 26, 2012 in the Assembly Chambers of the George A. Navarre Kenai Peninsula Borough Building, 144 North Binkley, 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: planninqnborough.kenai.ak.us web site: www. borough .kenai.ak.uslplanningdept 1YER CE\TER Proj Name: Applicant: Contact Name: Location: Project Tracking Sheet Project Start: App. Start Date: 02/21/2012 Tax Credit: ELP WALKWAY / SPRUCE TREE REVETMEN PAWLUK, GARY & MARILYN MERKE.S, DENNIS KENAI RIVER / WILD ROSE SUB Comments: ELP STAIRS, ELP GW, 90' STR CC: SELDOVIA; - ! SF3CFSA: TAX; CZM; OPMP' USFWS: ' COE Project Completed: Cost Share: -_ Parcel No: 049- 120 -79 Ilw Riv. Milo COE Pmt Expires COE JD Expires: COE -KFO: d COE: - MINING LIST: KNWR: r COK: Ne COS: ADE" &G /SF: • Al: Ai Req Date: Amend # Revr Permit # FP Hab Prt. JC Tax Crl CZM ('arks PR ADFG GPL 1D # OPMP: Authorities (Auth) OH MP _ 840) Fish Passage _ 870) Anad. Water — 890) Emergency FP _ 040) Al log' able 050) Compliance 060) SMFDA/Non FIRM - 030) Variance Al Rec Date: # Days Review Susp Rasp Due Revised Due Inspect Recm Recm Dat Auth 03/21/2012 03/21/2012 Comments Due Revised Due KPB - HP 070) Allowable _ 080) Conditional Use _ 090) Prior Existing 040) Tax Credit 050) Compliance 030) Variance _ 020) Notification LT: Date Comm Sent t Recm - Comments Only RA) Rec Approval RD) Rec Denial GC) General Comments NR) Not Reviewed WD) Withdrawn /closed CG) Generally Consistent CA) Consistent w/ Alternatives IN) Inconsistent KPB Fees: Parks Fees: Final Action / Date Expiry Date Final Deter Recd t Final Action D) Denied I) issued NR) Not Req'd WD) Withdrawn by applicant _a) Other _R) Resolved F) Fined _C) Court _ U) Unresolved P) Passed to CCO N) Unfounded M) Miring Fee Codes _T) Tax Credit Exempt _A) Agency Exempt NR) Not Req'd Multi-Agency Permit Application RECEIVED FEB 2 1 2012 KLYER CENTER Please answer all questions completely. Applicant Information: Name: Gary & Marilyn Pawluk Owner? Yes [1 Mailing Address: (pennits will be mailed to this address) 36963 Beau Circle Saldctna, Alaska 99669 Phone (Horne/Work): 260-5650 Cell Phone: 252-3664 Fav, nla use MBU's Anent Information: Name: Merkes Builders. Unlimited Mailing Address: PO Box 404 Soldotna, Ak 99669 Phone (HomeiWnrk): 262-6031 Cell Phone: 398-3369 Fax: 262-6031 E-Mail: glariymawluinel_ E-Mail: d.merkes@alaska.net Project Location: Please complete all information including the legal description of the property or site 10CatiOn. This in- formation can be found on 'L/r la V. NI/ or by visiting the KPB Assessing Department website at , . _ • 1,, Waterbodv Name: Kenai River River Mile: 3-4 +/-? Subdivision: Wild Rose Subd Township: Right or LJ Left bank (looking downstream) Range: Section: Lot: 8 Block: rtla KPB Parcel Number: 04912079 Physical Address: 1312 Cunningham Drive Directions to the site: Kenai Alaska, Bridge Access Rd, if @ Beaver Creek Rd, Rt @ Cunningham Drive, Just before river, on left (new driveway) Please Complete the Follow 1110: 1) This activit s a: rte project L modification, addition. repair, or replacement to an existing project 2) What is the purpose of this project? access to river bank, bank restoration Pau. ulti- Agertcv Permit Application -- Page 3) Provide a detailed description of your entire project and all related activities. Attach additional paces ifneeded. Please be sure that your description contains all of the following: The location and dimensions of all existint and proposed development. including buildings. roads driveways. pathways. building pads. accessory structures. and fill, as well as the location of any w -ater bodies. The type(s) and arnount(s) of till material to be used for the project. Include the locationrsource of the till material. The measurements of all new development, including platforms, walkways. structures. and bank restoration techniques. Please include measurements from water bodies and lot lines. The area and volume of material to be dredged and the location of the disposal site. A description of the watcrhodv, including wetlands to be tilled. Include the types and volumes of each type of fill material. A description of construction methods and types of equipment to he used. if you are tsithdrawtng water from a waterbody. a description of water use including location. me- thods of withdrawal. rate of-withdrawal. and the total quantity of water required. If fuel storage is required for your project, indicate the location, quantities, and types of fuel. if vegetation or trees must be cleared as a result of ‘our project. indicate the location, amount, and type of vegetation to be cleared. The types) and amountl.$) of material that will he excavated for the project, Include the location the excavated material will be placed. see attached description of work with specifications New ELPSW, ELPBW and STR w) Proposed project start date: spring 2012 Proposed project end date: fall Estimated number of actual construction days. 45 ai If this project is within the Iitni1S ci an incorporated city', please indicate city: Kenai 6) Is the project located within 50 feet of ordinary high ■tater (OH W) or mean high water (MH W) of a stream or v,aterhod.7 $ Yes ❑ No Li Not sure where0l lW or MH\V lire is Page .; Multi-Agency l'et-mit Application -- ['age 3 ?t Does any portion of the project cantilever or extend over the 011i4 in- MI -1W of the stream or w•aterbody? Yes C No 7 Not sure where OHW or MHW tine is Zia) Does any portion of the project extend below the OH\ \' or MHW of the stream or waterbody? si Yes ❑ No E. Not sure where 014W or MHW line is 8b) Will a structure (e.g., culvert. bridge support. dike) he placed below OHW, MHW, or High Tide Line (HTL) of the waterbods? Yes C No 9) Wili material be extracted or dreds ed from Flo« dplain of a river. lake. or oc <y,i [i Tidal or non -tidal waters If you checked one of the above boxes. what pc of material? none What amount of material? none Where will the material be deposited? n /a. 10) Will material {including spoils. debris or overburden) he deposited in a Mapped tioodplain or Eck cit} zone of a river, lake or ocean J Tidal or non -tidal waters If •tot checked one of the above boxes, k rA. !I temporary LE_.. or permanent 0`. If temporary, how long will it be in place? permanent What type of material is it'? SPRUCE TREE Amount'' 90 LF identify the location(.;) orally Itposited material on the attached top-view site plan drawing. 11) What is the surface area (in acres) that would be. tilled. ekeavated, or dredged of any waters, including areas below the H l L or M1-1W of tidal; waters, below the OHW of non -tidal \ \liters and -or wetlands adjacent to tidal or non -tidal waters? NONE 12a) List all motorized equipment to be used in this project, including access route to site and any stream or water- body crossings: BOB CAT, WELDER, BACK HOE, BOOM TRUCK, AIR COMPRESSOR, TRUCK 12b) Hov, long will motorized equipment be used below OHW. MHW, or the 111L ".LESS THAN TWO WEEK 1 w) Are there any threatened or endangered species that roar, be affected by the proposed murk or that utilize the designated critical habitat that nra. be affected b■ inc proposed .i'ork? fl Yes t No If yes. list all species: face 4 agency Permit Application — Page 4 14 t Are there ans Itiatoric properties That may he a fleeted by the proposed work? Yes UM No Ifyes. state nich property or properties may he s-,d or attach a sieiniis map including the location of the historic property or propertie, f Is in portion of the 1, tst. ,0171plett? L.; Yes le No If:, es. inscribe the compIeted work: witi sr,terus. inciudine oater.e!ectric. gas. etc. he deseloped': Yes I No I f es_ descrthe. Application Checklist X.Nre pages through 4 s:.:Alipietei■ tilled out? lr a question tines not pertain TO} our activity. 1% rile 'N X.Dit: you include a detaiied orect Jeseription`Z 1)41 you complete the Top Viers & E les ation-Side Vicky drrivt'irtes7 Be sure to reviess the instructions for site plan ind make 5urc all relesant itiforrnation is included. )(Did ou include sour permit fee tit-applicable)? If your project k within State Park Boundaries or can- tilevers oser a State Park to hielt includes the Kenai Riven a S50 fee is required at the time tof application Make checks pas able u 'Slate et. laska.' If y ott arc not certain if a tee is required. contact State Parks a the R is et- Center at :907) 714-2470. X Did sou sigri your application? If you have des.ignated an agent k ssork the aeencies on your behalf: thes :Trust ate th e application.. made !iir a permit or perm tts to authorize the ssork described in this application ormation in this application is ctimplete and accurate. 1 further certifs....that 1 possess .. • ,..-,..ertake the work described herein or am acting as the duly Authorized agent of the ap- X ;7;‘,1_1; 2/20/2012 -latta-c of A policant Date If you (1mated an agent. both the applicant and aunt must sig.n this application. X _ - 2/20/2012 Da Si of ttnature At4rnt te Page SITE PLAN: TOP VIEW ■■ 111111 Immummom ■ ■■ ■■■U N NFOINUMMIMMM EME ■■ ■■■ ■■ ■■■■■ ■■■■ ■■ _ .�■■■ 1MMEMEMEMMIIIIMEN MOM IMMO ■■■ MUM MR IIIMMIM MOM ■ I ! EMINNENNIMPNIM imamminammunnum ■ ■■ ■■■■■■ ■■■■■ ■■■ ■ ■n■ ■■ ■E� ■ ■ ■ ■■■ iiiflL !UiiiiUIIIII1iiUI1 ■■ ' ■■I■■ ■■ ■ ■ ■ ■ yr ►< • . ■■ ■ MINIUMMI ■■■■ ,_ •rdiuiiiIIIIIIIi Immo ■ d .�C ■■ ME _■ !■■ I mennallimmummmill mommommumnimer 11 ■ Title block Name: paw9uk . , • E - `- . ar A1: .Gfl i - - G c,' ■ ■■ .. ■ KPB Parcel No.04912079 Sheet _Lof 2 -Date: 02 / Scale; one square= � feet ■■ � ■�■ SITE PLAN: ELEVATION OR SIDE VI .# j .. ", 6 ,4t/ ' h!n Z) UY - A,. s /zz4 i _ ,l�'/ C4i 1i s� 2� . e..:_ Ev ,• �i r- i I , ! e i i t : /ZED z b � �A,1072.., 1 4 1 1 1 , Ni! ri e d r I` .o. IL. --L- f ini ! {j 3e tL' 1 fi � -V. - --,�., 44,00,4: iec- p L,4" ., �,. ...� } 3 XIP ?t LG : _s- - I • , to ,` •n f : .t I I _r,,,-- f i , II ;I 4 i .__L „ KGd,tJ Dr ---r ,: I Title brook N --�- � - . 'kL Name: p awiuK Y irr P S ee ! reg,E. ` ; KPB Farce# No. ✓ _ ,-- T Sheet _ of.2-• Date:02 120 1 —<•-- Scale: one square= nom— , �''.7T # _- feet Additional Comments or Descriptions: SEE ATTACHED DESCRIPTION OF WORK Agent; MERKES BUILDERS, UNLIMITED PO BOX 404 SOLDOTNA. ALASKA 99669 Dennis Merkes 907 - 398 -3369 �/{ 7 t-erg MERKES BUILDERS, UNLIMITED PO BOX 404, SOLDOTNA, ALASKA 99669 DENNIS MERKES OWNER 907 -398 -3369 ri alaska.net PAWLUK ELPBW, STAIRWAY AND DECKS KPB ##04912079, LOT 8 WILD ROSE SUBD. 1312 CUNNINGHAM DRIVE, KENAI isiQfl ri i OWNERS MAILING; 36963 Beau Circle, Soldotna 99669 OWNERS Cell phone 907 -252 -3664 Date 2/20/2012 SCOPE OF WORK See attached plans dated 2/20/2012 fo.r scope of work delineation. 3'x10' ELPBW at the top of the bank; We will supply an.d install a 3'x10' ELPBW at the top of the bank. This deck will be made of steel with steel grating. It will be anchored to the bank with steel pilings driven into the ground. This deck will not have a handrail. 3'x30' ELP Stairway; We will supply and install a 3'x30' ELP Stairway starting at the top of the bank and ending at the mid -paint landing. This stairway will be made of aluminum jacks and have aluminum light penetrating treads. h will have an aluminum pipe handrail on each side. It will be anchored to the bank with steel pilings driven into the ground. 3'x6' ELPBW at mid -point of the bank; We Will- supply and install a 3.x6' .ELPBW approximately at the mid -point of the bank. This deck will be made of steel with steel grating. It will be anchored to the bank with steel pilings driven into the ground. 3'x30' ELP Stairway: 3'x30' ELP Stairway LOWER We will supply and install a 3'x30r ELP Stairway starting at the mid -point deck and then going down to the lower bank. This stairway will be made of aluminum jacks and have aluminum light penetrating treads. It will have an aluminum pipe PAWLUK ELPBW, STAIRWAY AND DECKS KPB 404912079, LOT 8 WILT) ROSE SUBD. 1312 CUNNINGHAM DRIVE, KENAI SCOPE OF WORK CONTINUED FROM PAGE ONE handrail on each side, It will be anchored to the bank with steel pilings driven into the ground. 3'x10' ELP Ramp We will supply and install a 3'xlO' ELP ramp to get from the bottom of the lower stair to the new River Bank ELPBW. This ramp will be supported on above ground legs /supports. It will be ELP and seasonably removable. This ramp will not have handrails. 8'x24' ELPBW at lower plateau near River Bank; We will supply and install an S'x241 ELPBW at the lower plateau near the river bank. The frame of this deck will be made of aluminum. It will have fiberglass light penetrating grating. This deck will be supported on above ground legs /supports. It will be ELP and seasonably removable. This deck will not have handrails. 90 LF SPRUCE TREE REVETMENT at lower plateau River Bank; We will supply and install a new base layer of spruce trees against the toe of the slope. These trees will be anchored with duck bill earth anchors and cables. The anchors will be installed approx. 6' on center. Spruce trees will be stacked about five trees thick. (End section) Kenai Peninsula Borough Parcel Parcel Number Tax Account Parcel Address 04912079 Owner Name Owner Address Transfer Date Document # Deed Book/Page Taxing Unit Deeded Acreage generated on 2/21/2012 5:47:38 PM EST 2011 Total Data as of Assess Value Year 1312 CUNNINGHAM CT, KENAI $216,000 2/5/2012 2010 Owner Information PAWLUK GARY M 36963 BEAU C1 R SOLDOTNA AK 99669 -8671 09/19/2007 2007010152 Location / Description 30 Base MAP KR06 1.3300 Legal Desc, T 5N R 11W SEC 10 Seward Meridian KN 2004065 WILD ROSE SUB KENAI RIVER ADDN LOT 8 Parcel Type Property Class Code 100 Residential Vacant Assessment Information 2011 Land Value $216,000 2011 Imp. Value $0 2011 Total Value $216,000 Prior Land Value 3236,600 Prior Imp. Value $0 L5L-AW'R LOOP id CUNNINGHAM PARK KPB Parcel Viewer Printed: Feb 21, 2012 Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501, phone (907) 264 -0608, fax (907) 264 -0878, email corrections@appellate.courts.state.ak.us. THE SUPREME COURT OF THE STATE OF ALASKA GOLD COUNTRY ESTATES ) PRESERVATION GROUP, INC., ) an Alaska Nonprofit Corporation, and ) WILLIAM H. CRAMER, individually, ) ) Appellants and ) Cross - Appellees, ) ) v. ) ) FAIRBANKS NORTH STAR ) BOROUGH, ) ) Appellee and ) Cross - Appellant. ) Supreme Court Nos. S- 13475/13525 Superior Court No. 4FA -05 -01190 CI OPINION No. 6651 — February 10, 2012 Appeal from the Superior Court of the State of Alaska, Fourth Judicial District, Fairbanks, Randy M. Olsen, Judge. Appearances: Peter J. Aschenbrenner, Aschenbrenner Law Offices, Inc., Fairbanks, for Appellants and Cross - Appellees. Jill S. Dolan, Assistant Borough Attorney, A. Rene Broker, Borough Attorney, Fairbanks, for Appellee and Cross - Appellant. Before: Carpeneti, Chief Justice, Fabe, Winfree, Christen, and Stowers, Justices. PER CURIAM. STOWERS, Justice, with whom CHRISTEN, Justice, joins, concurring in part and dissenting in part. 1. INTRODUCTION Margery T. Kniffen, as Trustee for the Margery T. Kniffen Family Trust (Margery Kniffen), and Darrell Kniffen II, purchased an undeveloped tract in Fairbanks North Star Borough, planning to develop a subdivision. They also purchased a lot in Gold Country Estates, an existing subdivision adjacent to the undeveloped tract. The Kniffens sought a variance allowing them to construct a road across their Gold Country Estates lot to provide access to the planned subdivision. After hearing public testimony, the local Platting Board unanimously voted to deny the variance based on safety concerns. But after a subsequent site visit, the Board reconsidered the variance request and approved it. Gold Country Estates homeowners appealed to the Planning Commission, which held a de novo hearing and upheld the Platting Board's decision. The homeowners filed suit in superior court, arguing that the Platting Board denied them due process and violated the Open Meetings Act and that the proposed road violated Gold Country Estates' covenants. The superior court ruled that Gold Country Estates' covenants did not allow a Gold Country lot to be used as access for the new subdivision. Though the Kniffens' access proposal was defeated, Gold Country continued to pursue its due process and Open Meetings Act claims against the Borough. The superior court ultimately ruled in favor of the Borough on those claims, but denied the Borough's motion for fees and costs. The homeowners now appeal, arguing that the superior court erred by not finding that the Platting Board denied them due process and violated the Open Meetings Act. The Borough cross - appeals, arguing that it was entitled to attorney's fees and costs. We affirm the superior court's grant of summary judgment in favor of the Borough on the homeowners' Open Meetings Act and due process claims, as well as the superior court's order declining to award attorney's fees. -2- 6651 II. FACTS Gold Country Estates, First Addition (Gold Country Estates) is a residential subdivision located northeast of Fairbanks and accessed by Goldmine Trail off the New Steese Highway. In April 2004 Margery Kniffen and her son, Darrell Kniffen, purchased a large undeveloped tract immediately south of Gold Country Estates to develop into Fox Bluffs Estates subdivision. The next month, they purchased Lot 5, Block 8 of Gold Country Estates; their plan was to access Fox Bluffs by building a road through Lot 5, Block 8 of Gold Country Estates. Before the Kniffens could move forward with their development plan they needed Platting Board approval of a variance application and separate approval of their subdivision application. The variance would allow Fox Bluffs Drive to be constructed across Lot 5, Block 8 of Gold Country Estates, where it would intersect with Bullion Drive.' The Kniffens' requests were placed on the October 27, 2004 Platting Board agenda. Notice of the meeting and the agenda were published on the Borough's website and in the Fairbanks Daily News - Miner, and 75 "Dear Property Owner" letters were mailed to Gold Country Estates residents and others who lived nearby. At the Platting Board meeting, the Kniffens requested a postponement of their application because three of the Platting Board's seven members were unable to participate.' The Board 1 Fairbanks North Star Borough Code (FNSBC) 17.100.040(c)(5) (renumbered by FNSB Ordinance 2005 -10 § 2 (2005)). This opinion will cite to code provisions as they were numbered at the time of the Platting Board hearings, prior to renumbering in 2005. 2 The Platting Board convenes with seven regular members. At all times relevant to this appeal, the Board consisted of six members with one vacancy. The six regular members were William Mendenhall, Janet Matheson, Ronald McIntosh, Margery (continued...) -3- 6651 nonetheless heard public testimony on the Kniffens' proposals. Most of the testimony was from Gold Country Estates property owners opposed to the Kniffens' applications. The Board convened its regularly scheduled meeting on November 17, 2004. Notice of the meeting and its agenda were published in the Fairbanks Daily News - Miner and on the Borough's website. Gold Country Estates residents did not receive "Dear Property Owner" letters in advance of the November 17, 2004 meeting. Borough staff presented a report recommending approval of the Kniffens' variance and subdivision applications with several conditions. The Board then heard public testimony. This testimony was largely against the Kniffens' variance application and included safety concerns about the proposed intersection. In particular, concern was expressed that the access plan was hazardous because the new road would intersect with Bullion Drive on a curve, where sight lines were inadequate. After the close of public testimony, the Board unanimously voted to deny the variance. The Board did not vote on the Kniffens' subdivision application because no legal access was available to Fox Bluffs without the variance. Later that evening, after voting to deny the Kniffens' variance, Platting Board member Janet Matheson submitted a written request for reconsideration of the Board's decision.' Reconsideration was scheduled for the Board's next meeting on December 15, 2004, and the Board scheduled a site inspection of the proposed variance location for December 14, 2004. Notice of the site inspection was published on 2(...continued) Kniffen, Oliver Backlund, and Margaret McCombs. Willie Bliss was an alternate member. Though Margery Kniffen was a member of the Platting Board during 2004, she did not participate in its decisions regarding the variance or subdivision application. 3 The Platting Board's agendas state: "Any action taken during this meeting is subject to reconsideration during this meeting or at the next." -4- 6651 December 7, 2004 in the Fairbanks Daily News -Miner and on the Borough's website. Four board members, Mendenhall, Backlund, Bliss, and Matheson, along with three Borough staff members, the Borough engineer, and the transportation planner all attended the site visit. One of the visit's purposes was to consider whether the proposed intersection had safe sight distance. When the Board arrived at Lot 5, Block 8, they discovered Mr. Kniffen had trimmed back bushes and flagged the portion of the lot the Kniffens proposed to reserve in the final plat as a sight distance triangle easement. These steps enabled the Board to better assess whether the proposed intersection had adequate sight distance. Although Mr. Kniffen was present at the property during the Board's visit, the Board did not communicate with him. The Board held its regularly scheduled December meeting the day after the site visit, on December 15, 2004. Notice of this meeting was provided by publication in the Fairbanks Daily News -Miner and on the Borough's website. Because reconsideration of the Kniffens' proposal was back on the agenda, "Dear Property Owner" letters were sent on December 7, 2004. The letters notified Gold Country Estates residents and other nearby homeowners that the Board would be reconsidering its November 17 decision denying the Kniffens' variance application. At the December 15, 2004 meeting, a Board member moved to reconsider the November 17, 2004 decision to deny the variance. Before discussing the Kniffens' applications, the Board's Chairperson stated: As a point of information, the Board has visited the site and viewed the intersection and looked at the proposed access point for the subdivision ... and looked at hazards and public safety issues since a majority of the public testimony that we had before dealt with the fact that the neighborhood considers the intersection directly beyond this access point to be hazardous. -5- 6651 After a short discussion, the Board voted 5 -0 to approve the Kniffens' variance application. It also unanimously approved their subdivision application. The Board adopted findings of fact in support of its December 15, 2004 decision at its regularly scheduled meeting on January 26, 2005. The Board did not accept public comment at its December 15 or January 26 meetings. Meanwhile, in December 2004, 16 Gold Country Estates homeowners, along with some neighboring residents from outside the Gold Country Estates subdivision, formed Gold Country Estates Preservation Group, Inc. (Gold Country), a non - profit corporation. On February 1, 2005, Gold Country filed an appeal of the Platting Board's decision to the Fairbanks North Star Borough Planning Commission.' The Planning Commission heard Gold Country's appeal at a de novo hearing on April 19, 2005. The Planning Commission was given a staff report on the appeal; staff exhibits; Gold Country Estates First Addition protective covenants; Platting Board Rules of Order; applicable ordinances; copies of the "Dear Property Owner" letters; maps of the proposal; road, drainage, and soils information; the original Platting Board staff report and recommended findings of fact; trails information; the Kniffens' attorney's written opinion; minutes and action letters from the Platting Board meetings; all written public comments received by the Planning Commission throughout the proceedings; and Gold Country's appeal, including attachments and citations. The Planning Commission also heard testimony from the Platting Board's staff, the public, the Kniffens, and an extensive presentation from Gold Country's counsel. At the conclusion of the hearing, the Planning Commission denied Gold Country's appeal by a vote of 6 -2. On May 17, 2005, the Commission adopted findings of fact for Resolution 4 FNSBC 17.80.010. -6- 6651 AP 003 -2005, which upheld the Platting Board's decision to grant the Kniffens' requested variance. III. PROCEEDINGS Gold Country filed suit against the Borough in superior court alleging violations of the Open Meetings Acts Gold Country's first amended complaint added the Kniffens as defendants and alleged that the Kniffens were threatening to violate Gold Country Estates' protective covenants. The Kniffens sought an order requiring individual members of Gold Country to ratify the action under Alaska Civil Rule 17.6 On December 14, 2005, the superior court granted the Kniffens' motion and required "[a]t least one member of Gold Country, willing to bear the risks of litigation, [to] ratify the litigation within 30 days." Gold Country filed a second amended complaint naming William H. Cramer, a real party in interest, as another plaintiff. On June 27, 2006, the superior court granted summary judgment in favor of Gold Country against the Kniffens, declaring that the Gold Country Estates covenant restricting lots to residential use was enforceable "to [the] extent the lots are not to be used to create driveways to other subdivisions." The Borough made a Rule 68 offer of judgment on December 14, 2006, offering Gold Country $2,000 "in full and complete satisfaction of all of Plaintiff's s AS 44.62.310. Gold Country also filed an administrative appeal of the Planning Commission's decision to the superior court, but that appeal was subsequently dismissed. 6 Civil Rule 17(a) provides: "Every action shall be prosecuted in the name of the real party in interest.... No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest ...." -7- 6651 claims against Defendant." Gold Country did not accept the offer. Instead, Gold Country filed a third amended complaint naming the Borough as the only defendant, re- alleging violations of the Open Meetings Act, and alleging for the first time violations of due process under the United States and Alaska Constitutions. The superior court granted the Borough's motion for summary judgment on the Open Meetings Act claims on October 14, 2008. The superior court concluded that the Planning Commission's de novo hearing cured any Open Meetings Act violations that may have occurred in the Platting Board proceedings. Similarly, the court determined that because Gold Country had notice and an opportunity to be heard before the Planning Commission, any due process violation in the Platting Board proceedings had been cured. In a Sua Sponte Order of Clarification issued several months later, the superior court noted that "because notice of the date and time of the [December 14, 2004] inspection was given through the newspaper and the borough website, reasonable notice was given of the site inspection performed by the Platting Board.... Therefore, the site inspection performed by the Platting Board was not a violation of the Open Meetings Act." The Borough filed a motion for Rule 68 or Rule 82 attorney's fees. Gold Country opposed the request for Rule 68 fees, but did not dispute that the Borough was entitled to up to 20% of its attorney's fees under Rule 82. Nevertheless, the superior court denied the Borough's motion for fees. The trial court refused to grant Rule 82 attorney's fees against Cramer because he had "joined the suit ... at the insistence of the Kniffen defendants, and [his] posture in the case was as an interested landowner solely as to those private citizen defendants." The superior court denied the request for Rule 68 attorney's fees against William H. Cramer because the Borough's Rule 68 offer was not addressed to him. The Borough's motion for fees against Gold Country was denied because its suit was within the public interest, and because allowing the Borough to -8- 6651 prevail on enhanced attorney's fees would "chill legitimate suits against the government" and "be against public policy." The Borough moved for reconsideration on March 19, 2009, arguing that Cramer should be jointly and severally liable with Gold Country for any award of attorney's fees because Cramer was the real party in interest under Civil Rule 17. The Borough also argued that, regardless of whether the Rule 68 offer of judgment was operative as to Cramer, it was error to deny fees against Gold Country because Rule 68 is not limited to tort or business litigation and can be applied to suits against the government. Reconsideration was denied on March 24, 2009 and both parties appeal. Gold Country argues that the superior court erred by not granting summary judgment on its due process claim, not granting summary judgment on its Open Meetings Act claim, and refusing, on mootness grounds, to analyze whether an Open Meetings Act violation occurred.' The Borough argues on cross - appeal that the superior court erred by denying its motion for attorney's fees. ' The basis of Gold Country's mootness claim is somewhat unclear. It appears the superior court initially considered Gold Country's Open Meetings Act claim to have been rendered moot by the Planning Commission's de novo hearing; the court noted in its order on summary judgment, "[t]here is no reason to now void an action taken at a lower level of borough operations when the entire issue had received a new hearing at a higher level." But the superior court's subsequent Sua Sponte Order of Clarification acknowledged that its first order had not analyzed whether the Platting Board violated the Open Meetings Act. The superior court reasoned that public interest concerns required it to consider the alleged Open Meetings Act violations, regardless of whether they were moot. The Sua Sponte Order concluded that adequate notice of the site inspection had been given and that the Borough had not violated the Open Meetings Act. -9- 6651 IV. STANDARD OF REVIEW We review a grant of summary judgment de novo, "reading the record in the light most favorable to the non - moving party and making all reasonable inferences in its favor.i8 We will affirm a grant of summary judgment "when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. "9 We review a superior court's award of attorney's fees for an abuse of discretion.1° We will conclude there has been an abuse of discretion if, after reviewing the whole record, we are left with a definite and firm conviction that the superior court erred in its ruling!' "An offer of judgment's compliance with Rule 68 is a question of law, which we review independently."" V. DISCUSSION A. Appellants' Open Meetings Act Claims Are Moot, But We Reach Them To Resolve The Question Of Prevailing Party Status. In its Sua Sponte Order of Clarification, the superior court observed that Gold Country's Open Meetings Act claims were rendered moot by the finding that the Planning Commission had performed "substantial reconsideration" of the challenged action. However, the superior court went on to observe that "questions about ... the Open Meetings Act are matters of public importance such that a finding on the question 8 Witt v. State, Dep't of Corr., 75 P.3d 1030, 1033 (Alaska 2003) (citing Spindle v. Sisters of Providence in Wash., 61 P.3d 431, 436 (Alaska 2002)). 9 Id. (citing Spindle, 61 P.3d at 436). 10 Balough v. Fairbanks N. Star Borough, 995 P.2d 245, 254 (Alaska 2000) (citing Davila v. Davila, 908 P.2d 1027, 1031 (Alaska 1995)). 11 12 Id. (citing Buster v. Gale, 866 P.2d 837, 841 n.9 (Alaska 1994)). Thomann v. Fouse, 93 P.3d 1048, 1050 (Alaska 2004). -10- 6651 should be made without regard to it being moot." The court concluded that there was adequate notice of the site visit and therefore no Open Meetings Act violation. We agree that Gold Country's Open Meetings Act claims should be addressed even though they are moot. But in light of our recent decision in Mullins v. Local Boundary Commission,13 we reach this conclusion for different reasons than those cited by the superior court.14 We have held that "[a] claim is moot `if it has lost its character as a present, live controversy' or `if the party bringing the action would not be entitled to any relief even if it prevails.' "15 In Mullins, the plaintiff filed an appeal in superior court challenging the Local Boundary Commission's decision to approve a petition for incorporation of the Deltana Borough.16 The plaintiff sought to stay the election in which voters would decide whether to incorporate the proposed borough.17 The superior court denied the plaintiff's motion to stay the election, and when the voters overwhelmingly rejected the proposal, the superior court dismissed the plaintiff's lawsuit as moot.18 On appeal, the plaintiff argued that the Local Boundary Commission had violated the Open 13 226 P.3d 1012 (Alaska 2010). 14 We note that the Mullins decision was issued after the superior court ruled on Gold Country's Open Meetings Act claims and therefore was not available to inform the superior court's analysis. 15 Mullins, 226 P.3d at 1017 (quoting Ulmer v. Alaska Rest. & Beverage Ass'n, 33 P.3d 773, 776 (Alaska 2001)). 16 Id. at 1014 -15. 17 Id. 18 Id. -11- 6651 Meetings Act.19 We held that "[t]he vote against incorporation voided the approval decision and provided the principal relief that [the appellant] sought in her appeal to the superior court," thus rendering the appellant's claims under the Open Meetings Act moot.20 We distinguished the situation in Mullins from the circumstances ofAlaska Community Colleges' Federation of Teachers, Local No. 2404 v. University of Alaska (ACCFT).21 In that case, we held that Open Meetings Act claims should be reached even where a subsequent meeting cured previous violations because "[t]he issues surrounding the first meeting [were] of sufficient public importance" that prosecution of a declaratory action should be allowed, "even assuming technical mootness. "22 But we declined to apply this principle in Mullins: Unlike in ACCFT, the [Local Boundary Commission's] approval decision was not reaffirmed at a curative meeting, and it is not still in effect. Mullins, unlike the plaintiff in ACCFT, cannot obtain the substantive relief she seeks because the [Local Boundary Commission's] decision allegedly made in violation of the [Open Meetings Act] has been voided by subsequent events.E231 19 Id. at 1017 -20. 20 Id. 21 Id. at 1019 (citing Alaska Cmty. Coll. Fed'n of Teachers, Local No. 2404 v. Univ. of Alaska ( ACCFT), 677 P.2d 886 (Alaska 1984)). 22 ACCFT, 677 P.2d at 889. 23 Mullins, 226 P.3d at 1019. -12- 6651 We held in Mullins that "[w]here a decision is no longer in effect ... a court should conduct a standard mootness analysis to determine whether to address the [Open Meetings Act] claim. "24 Here, the superior court granted summary judgment against the Kniffens, declaring that the Gold Country Estates covenant restricting lots to residential use was enforceable "to [the] extent the lots are not to be used to create driveways to other subdivisions." The superior court's ruling provided the primary relief sought by Gold Country, and Gold Country's claim "has lost its character as a present, live controversy.i25 Gold Country would not be entitled to further relief even if it prevailed because the superior court's separate ruling established that Gold Country's covenants do not permit the use of the Kniffens' lot as a driveway. Although Gold Country's Open Meetings Act claims are moot, we "will hear an otherwise moot case to determine who is the prevailing party for purposes of awarding attorney's fees.i26 Thus, where the outcome of an otherwise moot claim may "change[] the status of the prevailing party and thus an award of attorneys' fees, "�7 we reach the merits of that claim. Reversal of the superior court's ruling on Gold Country's 24 Id. at 1019 -20. 25 Id. at 1017 (quoting Ulmer v. Alaska Rest. & Beverage Ass 'n, 33 P.3d 773, 776 (Alaska 2001)). 26 Smallwood v. Cent. Peninsula Gen. Hosp., Inc., 227 P.3d 457, 461 (Alaska 2010) (internal quotation marks omitted); see also LaMoureaux v. Totem Ocean Trailer Express, Inc., 651 P.2d 839, 840 n.1 (Alaska 1982) (overruling prior cases holding that this court "will not hear a moot case merely to determine who is the prevailing party for purposes of awarding attorneys' fees "). 27 Ulmer, 33 P.3d at 777 (holding that consideration of a moot case was not required where "there was no award of attorney's fees that would be affected by appellate review and the issue ha[d] not been preserved for appeal "). -13- 6651 Open Meetings Act claims would likely deprive the Borough of prevailing party status. This possibility requires us to reach the merits of Gold Country's moot Open Meetings Act claims. B. Neither The Platting Board Nor The Planning Commission Violated The Open Meetings Act. Gold Country argues that the Platting Board's December 14 site visit violated the Open Meetings Act because it was improperly noticed and improperly convened, and because the Planning Commission's de novo hearing did not cure any Open Meetings Act violations. The Borough contends that the December 14 site visit was not a "meeting" within the meaning of the Open Meetings Act. We hold that the site visit qualified as a "meeting," but that it was properly noticed and did not otherwise violate the Open Meetings Act's requirements. 1. The December 14, 2005 site visit was a "meeting" subject to the Open Meetings Act. Alaska's Open Meetings Act, AS 44.62.310(a), provides that "[a]11 meetings of a governmental body of a public entity of the state are open to the public except as otherwise provided by this section or another provision of law." Reasonable notice is required for all meetings required to be open under the Act.28 The statute defines "meeting" as: a gathering of members of a governmental body when more than three members or a majority of the members, whichever is less, are present, a matter upon which the governmental body is empowered to act is considered by the members collectively, and the governmental body has the authority to establish policies or make decisions for a public entity.{291 28 29 AS 44.62.310(e). AS 44.62.310(h)(2)(A). -14- 6651 Gold Country claims the Borough conceded that the site visit was a special meeting because the Platting Board's Appeal Staff Report to the Planning Commission stated that "[t]he site inspection was a properly noticed public meeting." The Borough counters that "[s]ite visits ... are not `meetings' within the definition set forth in the Open Meetings Act" because "[t]he Board cannot perform any act that will legally bind the municipality on a site visit." It is undisputed that a quorum of four Platting Board members attended the site visit; the question is whether they collectively considered "a matter upon which the governmental body is empowered to act" during the visit." Gold Country cites Brookwood Area Homeowners Association, Inc. v. Municipality of Anchorage31 in support of its contention that the site visit was a "meeting" for purposes of the Open Meetings Act. In Brookwood, a quorum of Anchorage Municipal Assembly members met with Quadrant, a developer, after the Planning and Zoning Commission rejected Quadrant's rezoning application.32 The meeting took place in Quadrant's office.33 Quadrant employees and Assembly members discussed the rejected rezoning application and the Assembly later approved an amended version of the rezoning application.34 A homeowners association filed suit against the Municipality alleging that the Quadrant meeting violated the Open Meetings Act.35 The superior court held that no "meeting" took place at Quadrant's offices for purposes of the 30 Id. 31 702 P.2d 1317 (Alaska 1985). 32 Id. at 1320. 33 Id. 34 Id. at 1320 -21. 35 Id. at 1320. -15- 6651 Open Meetings Act, but we reversed that decision on appeal. We held that "a `meeting' includes every step of the deliberative and decision - making process when a governmental unit meets to transact public business. "36 Here, the Platting Board's site visit is distinguishable from the meeting in Brookwood: The Board did not directly interact with the applicant at the site visit (although Mr. Kniffen was present at the site during the visit), and, unlike the Brookwood meeting, the Platting Board's visit was publicly announced in the newspaper and on the Borough's web site. Nonetheless, we conclude that the information- gathering and discussion at the site visit constituted collective consideration of "a matter upon which the governmental body [was] empowered to act "37 and a key step in the "deliberative and decision - making process "38 by which the Platting Board reversed its initial vote and approved the Kniffens' variance application. The Platting Board members received "evidence" in the sense that they made observations of the site and had an opportunity to assess the merits of the safety concerns voiced at the November 17 meeting. We thus hold that the site visit was a meeting for purposes of the Open Meetings Act. 36 Id. at 1323. Brookwood was decided before the substantial legislative revision of the Open Meetings Act in 1994. When Brookwood was decided, the Open Meetings Act did not define the term "meeting." See Ch. 69, § 1, SLA 1994. 37 AS 44.62.310(h)(2)(A). It is irrelevant that the Board members who attended the site visit were not, as the Borough argues, able to perform any act during the site visit itself that would legally bind the Borough; the statutory definition of "meeting" requires only that members of a government body consider a matter upon which the body is empowered to act, even if such action is ultimately taken at a later meeting or hearing. As we noted in Brookwood, "[m]odern public meetings statutes reject the argument that only the moment of ultimate decision must be subject to public scrutiny, and require that preliminary deliberations be open as well." Brookwood, 702 P.2d at 1322. 38 Brookwood, 702 P.2d at 1323. -16- 6651 2. The Borough provided adequate notice of the December 14 site visit pursuant to AS 44.62.310. Gold Country argues that because the Platting Board did not send out "Dear Property Owner" letters or broadcast a public service announcement to notice the December 14 site visit, the site visit was an improper meeting. We disagree. The Open Meetings Act does not require public meetings to be noticed with individual letters mailed to each potentially affected property owner. Alaska Statute 44.62.310 only requires that "[r]easonable public notice shall be given for all meetings required to be open under this section. "39 Notices must include "the date, time, and place of the meeting," "may be given using print or broadcast media," and must be "posted at the principal office of the public entity" in question.4o Gold Country argues that AS 29.40.130, defining proper notice of hearings, requires the platting authority to schedule a hearing on any properly filed petition for replat or plat alteration and to "mail a copy of the notice ... to each affected property owner. "41 Because the Kniffens' variance and subdivision applications would affect Gold Country members, Gold Country reasons that AS 29.40.130 required the Platting Board to provide notice of the December 14 site visit via individual "Dear Property Owner" letters. Gold Country also argues that the Borough's past practice of sending such letters in advance of hearings in this matter gave property owners a reasonable expectation that they would receive mailed notice of any related meetings. But AS 29.40.130 governs notice in the case of alteration or replat hearings at which "[t]he platting authority shall consider the alteration or replat petition ... and make its decision 39 AS 44.62.310(e). 40 Id. 41 AS 29.40.130. -17- 6651 on the merits of the proposal. "42 It does not govern the much broader category of "meetings," which, as defined in AS 44.62.310, need not — and, in the case of the site visit here, did not — involve consideration and final resolution of a specific replat petition. As Gold Country points out, the Platting Board did mail individual notices regarding the October 27 initial application hearing and the December 15 reconsideration hearing (as well as the April 19, 2005 Planning Commission appeal hearing), consistent with AS 29.40.130. It was not required to do so with respect to the December 14 site visit meeting. Gold Country also argues that the Platting Board was required to broadcast a public service announcement giving notice of the December 14 meeting, but it erroneously cites to FNSBC chapter 2.09, which provides rules of procedure for the Assembly. The Platting Board is governed by its own Rules of Procedure, found in FNSBC chapter 2.39. The Platting Board's rules do not require a public service announcement of its special meetings. Ultimately, we find no error in the superior court's ruling that acceptable notice was given of the site visit meeting. But nothing in the opinion issued today should be read to undermine the importance of the legislative goals expressed in the Open Meetings Act. We encourage government bodies to provide notice of hearings and meetings through a variety of the means authorized in the Open Meetings Act, and we observe that particular care should be taken to abide by the spirit and intent of the Open Meetings Act in situations where a member of the public body is seeking action that would benefit the member personally. 42 AS 29.40.140. -18- 6651 On the record presented to us, we do not find that the Platting Board's newspaper and online announcements regarding the December 14 site visit were inadequate. The site visit did not violate the Open Meetings Act due to improper notice. 3. The December 14 site visit was properly convened. Gold Country also argues that the December 14 site visit was "[i]mproperly [c]onvened" and that Matheson's motion for reconsideration was defective. Gold Country considers these to be violations of the Open Meetings Act. Both arguments are unpersuasive. Borough Code provides that the chairperson or a quorum of the Board members may call a special meeting of the Board.43 Both parties appear to assume that Matheson, who filed for reconsideration, also called the site visit. Matheson was the acting chairperson in November and December 2004;44 she therefore had the authority to "call a special meeting" in the form of the requested site inspection. Gold Country's argument that Matheson's motion for reconsideration was invalid is without legal support. Gold Country argues that Matheson was required to provide written or oral reasons for her motion for reconsideration when she filed it and that her failure to do so rendered the motion itself, and the related portions of the December 15 meeting, invalid. But Matheson's motion for reconsideration complied with the Platting Board's rules: she was on the prevailing side of the initial motion, she provided notice of reconsideration before the close of business on the following 43 FNSBC 02.39.050(B). 44 Matheson was the acting vice -chair on both dates, but the record shows that McIntosh, the chair, was not present during the November 17 or December 15 meetings. Therefore, Matheson was the acting chair at both meetings. FNSBC 02.39.040(A). -19- 6651 workday, and she explained her reasons for seeking reconsideration at the outset of the following meeting.45 C. Any Due Process Violations Committed By The Platting Board Were Cured By The Planning Commission Hearing. Gold Country argues that its due process rights were violated by the Platting Board. The Borough counters that even if the Platting Board's procedures were inadequate, the Planning Commission's de novo review of the Platting Board's decision cured any defect in due process. Under AS 29.20.020, a "governing body shall provide reasonable opportunity for the public to be heard at regular and special meetings." While this provision does not require that the public be allowed to comment at every stage of the decision - making process, it does imply that the public should have the opportunity to respond to significant new evidence or information obtained by the governing body.46 45 The Platting Board's Rules of Order provide: Rule 42. A notice of reconsideration may be made only by a member who voted on the prevailing side. Unless reconsideration is to take place before adjournment, notice must be given in writing by the close of business on the following workday. Rule 43. A member filing for reconsideration shall explain his reasons. Rule 44. Prior to reconsideration of an item, a vote must be taken on the motion to reconsider. If the motion passes, the item is then brought to the floor. 46 See, e.g., Baghdikian v. Bd. of Adjustment of the Borough of Ramsey, 588 A.2d 846, 849 (N.J. Super. App. Div. 1991) (holding that, following an unnoticed site inspection, the court will "not deem the failure to give notice as fatal when the board member makes a complete disclosure of his or her knowledge of the site condition (continued...) -20- 6651 It is troubling that Gold Country was denied the opportunity to respond to conclusions drawn and observations made by the Board at the site visit; the failure to allow public comment after the site visit and before the Board voted to reconsider the proposal may have violated Gold Country's right to be heard. But we have held that a failure to afford due process can be cured by a subsequent hearing where due process is provided.47 And at its April 19, 2005 de novo hearing, the Planning Commission heard testimony from both Kniffens, multiple experts they hired to advise on the Fox Bluffs development, the Platting Board's attorney, many members of the public generally, and Gold Country homeowners. The Commission also heard a comprehensive presentation by Gold Country's counsel. At the conclusion ofthat lengthy meeting, the Planning Commission voted six to two to deny Gold Country's appeal. We hold that this meeting complied with due process and gave Gold Country an adequate opportunity to be heard on the modified condition of the site lines, thus curing any due process violations that may have occurred at the Platting Board level. The primary support for Gold Country's argument that the Planning Commission's hearing did not cure the Platting Board's due process violations is that "counsel for the Platting Board, Ms. Hagen, instructed both bodies to disregard Gold Country's evidence that use of a Gold Country subdivision lot for transit access violated the Gold Country plat and its covenants." Gold Country argues that Hagen thus relieved the Kniffens of their burden to show that their subdivision "enjoyed legal access" and improperly made herself "a participant with the Board in decision- making." 46( continued) gained by the inspection, and the applicants and objectors are given full opportunity to address the board member's comments "). 47 See, e.g., City of N. Pole v. Zabek, 934 P.2d 1292, 1298 (Alaska 1997); McMillan v. Anchorage Cmty. Hosp., 646 P.2d 857, 866 -67 (Alaska 1982). -21- 6651 We disagree. First, before Hagen testified in front of the Planning Commission she reminded its members that she was speaking as an advocate for the Platting Board and was not purporting to advise the Commission. Second, and more fundamentally, Gold Country's argument that there could be no "legal access" to Fox Bluffs given the restrictive covenants confining Lot 5, Block 8 to "residential use" misses the mark. As Hagen explained to the Planning Commission, neither it nor the Platting Board had jurisdiction to determine or enforce Gold Country's protective covenants.48 Moreover, under the Borough Code, "legal access" exists if an applicant "dedicates sufficient land to provide access between the subdivision and the existing public road.i49 Because the Kniffens' application proposed dedicating sufficient land to provide access between Fox Bluffs subdivision and an existing public road (Bullion Drive), it appears that "legal access" existed for purposes of FNSBC 17.60.070(C)(1). Hagen's instructions to the Planning Commission did not mislead the Commission's members or violate due process. We hold that the Planning Commission hearing was sufficient to cure the alleged due process violations in the Platting Board's proceedings. D. We Affirm The Superior Court's Order Denying Attorney's Fees. The Borough sought an award of fees under Rule 68 or Rule 82 as the prevailing party. Gold Country opposed the Rule 68 request, arguing that the Borough 48 Chapter 17.30.030 ofthe Code, entitled Action on Major Plat Applications, states that "[t]he board shall grant preliminary approval of the major subdivision upon determining that it meets the requirements and purpose of this title." FNSBC 17.30.030(F)(1). Chapter 17.60 of the Code, which contains the subdivision requirements, does not require that the requested action comply with protective covenants. See FNSBC 17.60. 49 FNSBC 17.60.070(C)(1). -22- 6651 was awarded approximately $2,350 in attorney's fees when it prevailed in Gold Country's administrative appeal of the Planning Commission decision.9 The superior court entered judgment in favor of the Borough but denied the Borough's request for attorney's fees under both Rule 68 and Rule 82. The court first noted in its order that "the offer to settle made by the borough to Gold Country [was] not addressed in any way to [William] Cramer" and there was "no reason, under these facts, to award any attorney fees ... against Cramer." The court further determined that the suit was not brought in bad faith and that the "portion of [Gold Country's] suit which brought under scrutiny the ... operation of local government [was] within the public interest." The superior court concluded that "[t]o this extent [a Rule 68] offer by the borough to settle a claim, so as to seek upon prevailing enhanced attorney fees, would chill legitimate suits against the government." We agree with the superior court that a citizen litigant's claim alleging violation of the Open Meetings Act, with no accompanying claim for monetary damages, is unlikely to be an appropriate vehicle for a Rule 68 offer. Rule 68 provides that "[i]f the judgment finally rendered by the court is at least 5 percent less favorable to the offeree than the offer," the offeree must pay all costs and a fixed percentage of actual reasonable attorney's fees under a schedule that is pegged to the date of the offer.51 Here Gold Country's claim requested no monetary damages. A Rule 68 offer of judgment serves no legitimate purpose in a citizen's Open Meetings Act claim against the 50 The administrative appeal was dismissed when it was recognized that "[t]he result of a successful appeal by Gold Country Estates would be for the court to remand the case to the Planning Commission to consider the [Open Meetings Act] violation[,]" which "would be a complete waste of time and available resources" given that the issue was already being fully litigated before the superior court in a separate suit (i.e., the one on appeal before us). 51 Alaska R. Civ. P. 68(b). -23- 6651 government where there is no accompanying claim for monetary damages. To allow the recovery of attorney's fees would force the citizen litigant to drop its suit or face a potentially ruinous attorney's fee award, despite its good -faith effort to require the government to follow its own processes. Moreover, the Borough's offer of $2,000 — an amount that was completely unrelated to the relief sought and which could have no effect on the allegedly illegal governmental action — could have been perceived by Gold Country as an attempt to force Gold Country to drop its effort to hold the government accountable. As the superior court concluded, to approve of "[t]he government's offer of a nominal sum[] to entice a party to waive what it views as a right" would "chill legitimate suits against the government" and would be "counter- productive to good lawmaking and law review." And as the superior court correctly noted, "[a] suit may ultimately fail but requiring the government to defend its processes is not an abuse of the system. For such issues, the tort or business litigation strategies of offers [of] judgment are inapplicable." Additionally, it was within the superior court's power to deny the fee award under Civil Rule 82. Rule 82(b)(3)(I) permits the trial court to vary a fee award to "the extent to which a given fee award may be so onerous to the non- prevailing party that it would deter similarly situated litigants from the voluntary use of the courts." This rule provision embodies the concern expressed by Justice Matthews in his dissenting opinion in Bozarth v. Atlantic Richfield Oil Co.,52 where he cautioned: "If the superior court is to serve its constitutional purpose as a forum available to all the people, superior court 52 833 P.2d 2 (Alaska 1992). -24- 6651 judges must consider whether an award of attorney's fees will impair the constitutional right of access to the courts. "53 In State v. Native Village of Nunapitchuk,54 we expressly stated that Rule 82(b)(3)(I) "continues to apply to all cases," including "those intended to effectuate public policies. "55 We further observed that "[t]rial courts remain free to reduce awards that would otherwise be so onerous to the losing party as to deter similarly situated litigants — including litigants that would have previously been identified as public interest litigants — from accessing the courts. "56 Gold Country, and those similarly situated, have a right to seek remedial relief from perceived Open Meetings Act violations. Here, the superior court determined that an award of fees against Gold Country would chill further suits seeking review of the government's actions under its own processes. Thus, it properly applied Rule 82(b)(3)(I) to relieve Gold Country of the obligation to pay a fee award. We therefore affirm the superior court's order denying attorney's fees.57 53 54 55 56 Id. at 6 (Matthews, J., dissenting). 156 P.3d 389 (Alaska 2007). Id. at 406. Id. 57 Gold Country also claims that because it raised a constitutional due process claim, it is entitled to protection under AS 09.60.01 0(c)(2), which provides that the court "may not order a claimant to pay the attorney fees of the opposing party devoted to claims concerning constitutional rights ifthe claimant as plaintiff, counterclaimant, cross claimant, or third -party plaintiff in the action or appeal did not prevail in asserting the right, the action or appeal asserting the right was not frivolous, and the claimant did not have sufficient economic incentive to bring the action or appeal regardless of the constitutional claims involved." Because we affirm the superior court's judgment (continued...) -25- 6651 VI. CONCLUSION We AFFIRM the superior court's grant of summary judgment in favor of the Borough on Gold Country's Open Meetings Act and due process claims. We also AFFIRM the superior court's denial of the Borough's motion for attorney's fees. 57(...continued) declining to award attorney's fees, we need not reach the question whether Gold Country is protected from an award of fees under AS 09.60.010(c)(2). -26- 6651 STOWERS, Justice, with whom CHRISTEN, Justice, joins, concurring in part and dissenting in part. I agree with the court's resolution of this appeal except as to its conclusion regarding the superior court's order on attorney's fees (Part V.D.). Rather than affirming the order denying attorney's fees, because I find the court's order unclear, I would remand and have the superior court clarify its order. As the court's opinion explains, the Borough sought an award of fees under Rule 68 or Rule 82 as the prevailing party. Gold Country opposed the Rule 68 request, arguing that the Borough was awarded approximately $2,350 in attorney's fees when it prevailed in Gold Country's administrative appeal ofthe Planning Commission decision. But Gold Country's opposition to the motion for fees also conceded that the Borough could be entitled to fees under Rule 82; indeed, Gold Country filed a proposed order granting the Borough $2,453 in attorney's fees. The superior court entered judgment in favor of the Borough but denied the Borough's request for attorney's fees under both Rule 68 and Rule 82. The court noted in its order that "the offer to settle made by the borough to Gold Country [was] not addressed in any way to [William] Cramer" and there was "no reason, under these facts, to award any attorney[s] fees ... against Cramer." The court further concluded that the "portion of [Gold Country's] suit which brought under scrutiny the ... operation of local government is within the public interest. To this extent an offer by the borough to settle a claim, so as to seek upon prevailing enhanced attorney[s] fees, would chill legitimate suits against the government." After examining the record thoroughly, I remain uncertain of the basis for the superior court's order denying fees against Gold Country. Its order may indicate that the superior court intended to deny part of the Borough's fees under AS 09.60.010 because some part of the Borough's fees were incurred in connection with Gold -27- Country's due process claim. Under some circumstances, that statute applies when constitutional claims are litigated; in particular, it can shield an unsuccessful litigant from fees associated with constitutional claims.' But the superior court's order denying fees did not cite AS 09.60.010, nor does it explain how application of this statute could justify the denial of all of the Borough's attorney's fees. Similarly, though the superior court explained its reasons for denying the request for Rule 68 fees against Cramer, it did not explain, and I cannot discern, its reasons for concluding there was not a valid Rule 68 offer as to Gold Country. I would therefore affirm the superior court's order denying attorney's fees against Cramer. But because I am unable to determine what statutory or rule -based authority the superior court relied upon to deny the Borough's motion for attorney's fees against Gold Country,2 I would remand to the superior court for clarification, and to make additional findings, if necessary. In all other respects, I agree with the court's opinion affirming the superior court's grant of summary judgment in favor of the Borough on Gold Country's Open Meetings Act and due process claims. 1 Under AS 09.60.010(c)(2), the court "may not order a claimant to pay the attorney fees of the opposing party devoted to claims concerning constitutional rights if the claimant ... did not prevail in asserting the right, the action or appeal asserting the right was not frivolous, and the claimant did not have sufficient economic incentive to bring the action or appeal regardless of the constitutional claims involved." 2 The court's opinion does an excellent job of explaining what it thinks the superior court's order sought to accomplish. But I think the court is reading more into the order than is there, and I would prefer to have the superior court explain its reasoning rather than engage in an exercise of legal hermeneutics. -28-