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HomeMy WebLinkAbout1997-07-09 p&z packetCITY OF KENAI PLANNING AND ZONING COMMISSION ~, * *AGENDA* KENAI CITY COUNCIL CHAMBERS July 9, 1997 - 7:00 p.m. http : //www .Kenai. net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: June 25, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: a. Leo Oberts 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: 7. NEW BUSINESS: a. PZ97-35-Landscape/Site Plan Review-Allan J. Norville, Tract B-2 Cook Inlet Industrial Air Park, 10672 Kenai Spur Highway 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. KPB Notice of Planning Commission Action of June 23, 1997 b. Commission Roster 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Agenda July 9.doc CITY OF KENAI ~' PLANNING AND ZONING COMMISSION June 25, 1997 ***MINUTES*** 1. ROLL CALL: Members present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord, Michael Christian, Karen Mahurin (arrived at 7:10 p.m.) Members absent: None Others present: Councilman Hal Smalley, City Engineer Jack La Shot, Administrative Assistant Kathy Woodford, and Contract Secretary Barbara Roper 2. APPROVAL OF AGENDA: GOECKE RECOMMENDED APPROVAL OF AGENDA WITH THE ADDITIONAL HANDOUTS THAT WERE PROVIDED AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY CHRISTIAN. NO OBJECTION TO UNANIMOUS CONSENT. AGENDA APPROVED. 3. APPROVAL OF MINUTES: June 11, 1997 WERNER-QUADS MOVED TO APPROVE THE MINUTES OF JUNE 11, 1997. MOTION SECONDED BY CHRISTIAN. WERNER-QUADS ASKED TO CORRECT PAGE 18, SECOND PARAGRAPH, STATED IT SAYS, "WERNER-QUADS ASKED IF THEY COULD GO OFF THE RECORD IF THAT WAS ACCEPTABLE ADDING THAT SHE HAS COMMENTS AND QUESTIONS." WERNER-QUADS STATED THAT SHE HAD MEANT TO SAY IF THEY COULD RECESS ADDING SHE HAS DISCUSSED THIS WITH KEBSCHULL WHO ADVISED HER OF THE CORRECT PROCEDURE FOR CHANGING THIS. WERNER-QUADS ASKED TO CORRECT PAGE 11, SECOND PARAGRAPH, IN THE SECOND TO THE LAST LINE, STATED IT SAYS, "WERNER-aUADE NOTED THIS IS FAR FROM WHAT ACTUALLY IS." ASKED THAT THIS BE CHANGED TO "WHAT WAS PRESENTED." THE LAST LINE, "COMMENTED IT IS HARD TO COME IN WHEN YOU COME IN WITH ONE THING ON YOUR MIND AND YOU HAVE TO CHANGE THAT." WERNER-QUADS ASKED WITH PERMISSION OF THE CHAIR TO ADD FOR ~ CLARIFICATION, "BECAUSE OF THE WRITTEN STATEMENTS THAT PROPER PROCEDURE HAD NOT BEEN FOLLOWED." WERNER-QUADS STATED SHE HAD LEFT THE SENTENCE HANGING ADDING PERHAPS IT HADN'T BEEN CLEAR IN THE MINUTES. Minutes June 25.doc Planning & Zoning Commission Minutes VOTE: BRYSON GOECKE MAHURIN GLICK APPROVED. Page 2 June 25, 1997 YES WERNER-QUADE YES NORD ABSENT CHRISTIAN YES 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ97-30-Preliminary Plat-Wesbet Subdivision, Replat Lots 10 & 11 YES YES YES. BRYSON MOVED TO APPROVE RESOLUTION PZ97-30, WESBET SUBDIVISION. MOTION SECONDED BY GOECKE. Glick asked for additional staff comments. No additional comments provided. VOTE: WERNER-QUADE YES GOECKE YES NORD YES MAHURIN ABSENT CHRISTIAN YES BRYSON YES GLICK YES APPROVED. 6. PUBLIC HEARINGS: a. PZ97-24-Conditional Use Permit-Coffee House-Lot 39A, Dolchok Subdivision, 604 Peterson Way, Kenai, Alaska. (Rescheduled from 6/1 1 /97 meeting.) BRYSON MOVED TO BRING PZ97-24 BACK TO THE TABLE. MOTION SECONDED BY NORD. Chairman Glick noted that he would like to make a comment before opening the public hearing. Glick noted there was a public hearing at the last meeting. After the public hearing was closed, the item was discussed by the Commission and then postponed. Glick advised that under Robert's Rules they were not required to have a second public hearing but it was advertised and it will be opened to the public at this time. Glick stated he would limit public comment to three minutes. Glick asked individuals to come to the microphone and sign their name and address. Planning & Zoning Commission Minutes PUBLIC HEARING OPENED: Page 3 June 25, 1997 BLAINE GILMAN, ATTORNEY, 1007 INLET WOODS, KENAI, ALASKA-Gilman stated he was representing the Holy Assumption of the Virgin Mary, the Russian Orthodox Church, the local parish. Gilman stated there were guests in the audience from .the Archdiocese. Gilman stated they included Bishop Innocent, Father Nicholas, and the council for the Archdiocese, Mr. Zorea. Gilman noted they may want to make comments. Gilman stated that the Holy Assumption of the Virgin Mary was founded in 1846. The present church was constructed in 1894. Gilman stated that next to the church is the sacred burial site of the first priest, Father Nikolai. Gilman stated that Father Nikolai was responsible for vaccinating the survivors of smallpox on the Kenai Peninsula. In 1906, Saint Nikolai Memorial Chapel was built and consecrated over Father Nikolai's grave. The church and the chapel have been designated as National Historical Landmarks. Gilman stated that the church council for the Holy Assumption of the Virgin Mary has voted to object to this proposal for the conditional use. Gilman added that the Archdiocese also objects to the conditional use permit. Gilman stated that there are basically two primary grounds. The first, if you notice on staff recommendation, they recommend the conditional use permit conditional upon approval with proper off street parking. Gilman stated it is the church's position that there is not appropriate parking and that would be in violation of KMC 14.20.250. Gilman stated it is hard to tell with the map that was presented in the application adding he has a plat of the property showing the designated property lines. Gilman asked Chairman Glick if he could have the Commission's permission to extend over the time limit adding that he would be short. Glick gave permission. Gilman (pointing to plat) stated is where the chapel is located. The church is located on this lot. The proposed coffee house is located here. Gilman stated the property line of the house is abutting on the property line. (Discussion that individuals in the audience could not see the map.) The property right here, here is the parking lot, as the Planning Commission may know, the city is planning on paving the street in front of the church and down the road. Gilman noted there is an attorney's office here and an accounting office here. Gilman stated this proposed parking lot for the site, is on the church's property. Gilman stated the church is planning on, because of the pavement and people questioning the church's property rights, they plan on building a fence around this area and leaving an access to this property. Gilman stated it will go around to this extent and it will take away this parking site. Gilman stated this is on church's property. Gilman stated the church plans on building a new parking lot for it's chapel. Gilman stated the church's position is that there will be no parking for this coffee house. Gilman stated that one of the requirements is that there be off street parking and obviously that was a concern of the staff because they put it conditional with proper off street parking. Gilman stated when you turn to the code section what you find for a restaurant or a business of this nature is that for every five customers, or five Planning & Zoning Commission Page 4 Minutes June 25, 1997 seats, requires one parking space. Gilman stated if this would hold 15 people, it would require at least three parking spaces in addition for employees as well. Gilman noted the church intends to build the fence around it's chapel and will probably start construction immediately. Gilman stated the second ground, adding he thinks is more important ground, of why the Commission should not approve the conditional use permit is that it basically commercializes the historic zone. Gilman stated that 14.20.105 establishes a Townsite Historic Zoning District and when you look at that section the intent is to protect and enhance the historical character of the zone. Gilman stated that what the applicant is doing is requesting a conditional use and basically there has to be two findings from this commission for a conditional use to be granted. One, the uses must be similar to the principle uses permitted in the zone. Gilman stated if you review the Land Use Table the permitted uses are one and two family dwellings, professional offices, charitable institutions, churches, libraries, museums, parks and recreation. Gilman stated they would submit that the commercial use of a coffee house is not similar to the principle uses laid out in the Land Use Table. Gilman stated the second finding the commission must find to approve the permit is that the uses are in harmony with the intent of the zone. Gilman stated, the intent, as he had said before, is to protect and enhance the historical character of the zone. Gilman stated this is really the heart of this case. Gilman asked how a coffee house in this particular location protecting and enhancing the historical character and value of this zone. Gilman stated the reason the church objects is the chapel is considered sacred ground to the church. Gilman stated the church is very concerned with anything commercializing that chapel or the church itself. Gilman asked the commission to ask themselves if these people would be applying for a permit to open a coffee house if it wasn't for the church situated right there and the chapel right there. Gilman stated the reason that it makes economic sense for the coffee house is the tourists who are here to see the National Historic site, who are to see the church and the chapel. Gilman stated that the church, quite frankly, is very concerned with a domino effect here. If you let in the coffee house here, maybe next time its okay to let in a gift shop,. maybe next time its okay to let in a painting gallery selling tee shirts. Gilman stated the reason why these businesses want to be located in this area is because of the church in the historical zone. However, these businesses deteriorate the integrity of the historical zone in addition to the church and the sanctity of a sacred burial place. Gilman stated the church does intend to build that fence around the chapel. Gilman noted it has the right to do so, it owns the property. Gilman stated there is no parking for the site. Gilman noted that if you were in a commercial area and a new business came in they would have to show parking. Gilman stated again the applicants do not own the parking lot. The intent of Townsite Historic is being violated and it will deteriorate with a business of this sort. ~ NOTE: TAPE DIFFICULTIES. NEXT SECTION FROM NOTES. Planning & Zoning Commission Page 5 Minutes June 25, 1997 MICHAEL CARPENTER-Carpenter stated he is the owner of the property. This fine lady, pointing at Mary Alfano, is reopening a coffee house. Carpenter stated the church had no problem with the last coffee house. The only problem was with the city water. Carpenter stated his cousin was the landscape artist and designed four parking spaces in case parking became a problem. Carpenter stated that if need be there is a tree that can be moved adding they would prefer not to. Carpenter stated the Russian Church has a gift shop inside the church adding he has seen Father Targonsky soliciting pictures for $5 each. Carpenter asked how historical is their fence going to be? Carpenter stated he doesn't understand adding he has a designer fence for barrier and nothing more. Carpenter asked to reserve the right to speak again. BOBBIE OSKOLKOFF, BOX 266, KENAI-Oskolkoff stated she is the treasurer for the Holy Assumption Church and she has been working on historical documents and is very familiar with historical aspects. Oskolkoff stated they church does have a gift shop inside although they do not advertise. She stated this is a holy burial ground and doesn't want to see it commercialized. Oskolkoff stated that tourists already don't have parking and extra parking would create more problem. She added that the church has nothing to do with Father Targonsky and his pictures. ARCHBISHOP NICHOLAS MOLODYKO-HARRIS, 6724 EAST FOURTH AVENUE, ANCHORAGE-Nicholas stated he is the chancellor of the diocese of the Russian Orthodox Church of Alaska. Nicholas stated that in 1991 the church opposed the coffee house and it operated under protest. First, there is no parking and those who frequent a coffee house should know that they will be trespassing. Nicholas stated that if the coffee house is opened, they will be depriving tourists and worshippers of parking and this is a grave site of three ecumen, Nikolai the priest, the reader Ivanoff, and the third was an unknown monk. Nicholas stated the three high ranking priests are buried. under the chapel adding the chapel was built as a memorial. Nicholas stated this site is also where the first church of Kenai was adding the church feels there is a need to keep the site sacred and holy. Not only locals or faithfuls come but many tourists come to visit our parish. Nicholas stated the Archbishop of Anchorage and legal counsel thought that this issue had been finalized in 1991. This new coffee house application seems to be a similar venture. BISHOP INNOCENT-Innocent asked the commission to please consider not compromising this holy cemetery and it's historical past. Innocent stated that many come to view this for it's past historical value. The church wants to see the integrity of the area kept pure. Innocent stated this is not a place of many activities but a place for history. The church wishes to keep this as pure as possible. STEVE R. LIBERTY, 1307 KIANA LANE, KENAI-Liberty stated that concerning the ~ parking issue (points to map-, we have enough parking spaces for four vehicles and a handicap access. Liberty stated this is private property. Liberty stated he does understand the church's believes but again this is private property adding he believed they should be able to do as they please with their own property. He stated the place Planning & Zoning Commission Page 6 Minutes June 25, 1997 1 looks great right now and stated they are not capitalizing on tourism as they will be open year round. MICHAEL CARPENTER-Carpenter stated this building has been there since 1917 adding there has been parking there since cars were invented. Carpenter stated this has been a home in native hands until his wife died adding that now it is in white man's hands. Carpenter stated he does understand the church's beliefs adding that the chapel will not be used as a coffee house adding they are just neighbors. Werner-Quade asked Carpenter is 604 Peterson is on a burial site. Carpenter answered no, this was a city dump adding that Swede Foss still uses it for a dump. Carpenter added that to set the record straight that the coffee house was not in 1991, it was in 1993 or 94. Carpenter noted that 1991 was the Steve Peloza thing. Carpenter added that Peloza did do some good by hauling out garbage and junk. Peloza may have been a nasty person adding he was even embarrassed by him but he did help clean up the area. Werner-Quade asked where the burial site is in relation to 604 Peterson? Carpenter, with a waving motion, stated it is quite a distance away. MARY ANN ALFANO-Alfano addressed the church officers and stated her intent was to open a dialog with the church, to work with your hours, and even put up a donation box for ground keeping. Alfano stated she is sensitive to the church's beliefs and the historical value of the area. Alfano stated she is always open for discussion adding she hopes to have a working relationship with you (church). MOSHA ZOREA, ATTORNEY FOR CHURCH, ANCHORAGE-He stated that when the fence is built there will be no access to the house except for a ten foot easement. There will be no way to enter without trespassing. The church will contest any desecration of the area. STEVE LIBERTY-Liberty stated they can still make parking available out back. Again, stated they have no bad intent and are more than willing to work with the church. PUBLIC HEARING CLOSED. Glick asked La Shot for additional staff comments. La Shot stated that when the public parking lot of the Mission Street project is finished that lot could be used to satisfy part of the code. La Shot reiterated that the code could be met with the newly constructed parking lot. Christian asked if the parking spaces on the east side are public or church property. La Shot replied that after the improvement project, it will all be newly dedicated public ~ right of way. Mahurin, addressing the church official, stated she appreciates and honor the guests and thanked them for taking the time to share their feelings. Mahurin stated that Planning & Zoning Commission Page 7 Minutes June 25, 1997 although she doesn't belong to the church, stated she does value the townsite historic district. Mahurin stated it is a very special place to her. Mahurin stated she has been wrestling with this issue for weeks now. Mahurin stated she was on the TSH Board and has given lots of time to the Planning and Zoning Commission concerning townsite historic. Mahurin stated she will support the coffee house adding she believes this is private property, it does meet the code, and the Land Use Table. Mahurin stated she believes Ms. Atfano's idea is a good one and will fit right into that part of town. Mahurin stated that when there was a coffee house there before that she and her children spent time there and found it a positive place to be. Mahurin stated she will be voting for the coffee house. Glick referenced the two letters that were passed out as handouts. Werner-Quade commented that Ms. Lyras' letter was written very eloquently. Christian stated the reason he would be voting yes is that he has been here for 27 years and seen the area greatly approved. Christian stated it was ugly but the owner has improved and enhanced the chapel. Christian stated that with the increased tourism, it will help the church adding he doesn't see a negative, only positive. Christian stated he would be voting in favor. Nord stated she would be supporting the coffee house for much the same reasons as have been stated. Nord stated it will be nice to tour Old Town and be able to sit and have coffee. Nord stated she believes in what the code says adding she had no reason not to vote for the coffee house. VOTE: GOECKE YES NORD YES MAHURIN YES CHRISTIAN YES BRYSON YES WERNER-QUADE YES GLICK YES APPROVED-UNANIMOUS. Mahurin asked that the minutes reflect that she arrived late and apologized for being tardy. Mahurin explained that she had just returned from Anchorage. NOTE: RETURN TO TAPED MINUTES b. PZ97-28-Resolution amending KMC 14.20.160 9(b)(6)(A] to include all zones within the City of Kenai. CHRISTIAN RECOMMENDED APPROVAL OF RESOLUTION PZ97-28. MOTION SECONDED BY MAHURIN. Planning & Zoning Commission Minutes PUBLIC HEARING OPENED. PUBLIC HEARING CLOSED. Page 8 June 25, 1997 Glick asked for additional staff comments. No additional staff comments. VOTE: NORD YES MAHURIN YES CHRISTIAN YES BRYSON YES WERNER-QUADE YES GOECKE YES GLICK YES APPROVED-UNANIMOUS. c. PZ97-29-Conditional Use Permit-Animal Control Shelter-Lot 2, FBO Subdivision, No. 6, 510 North Willow, Kenai, Alaska. MAHURIN MOVED TO APPROVE PZ97-29. MOTION SECONDED BY WERNER- QUADE. Glick asked for additional staff comments. La Shot stated that if the revised Land Use Table were in effect at this time, this Conditional Use Permit would not be necessary. PUBLIC HEARING OPENED: PUBLIC HEARING CLOSED: Mahurin stated she had a very difficult time trying to figure out the landscaping portion of this and asked if someone could explain it to her. Goecke stated he felt that Ms. Mahurin was jumping ahead noting this was for a Conditional Use Permit. Goecke stated that the landscaping would be discussed under 97-33. Glick noted it is a separate issue but the same building and same lot. Mahurin noted she had read her packet but didn't have it with her and thanked Mr. Goecke for drawing this to her attention. VOTE: MAHURIN BRYSON GOECKE GLICK APPROVED-UNANIMOUS. YES CHRISTIAN YES YES WERNER-QUADE YES YES NORD YES YES 7. NEW BUSINESS: Planning & Zoning Commission Minutes Page 9 June 25, 1997 a. PZ97-31 -Landscape Site Plan Review-Michael & Joan Seamen, Seamen Building, 1 1 127 Frontage Road (Lots 1, 2, 15, 16, Block 2, Kenai Townsite East Addition) Kenai, Alaska. GOECKE RECOMMENDED APPROVAL OF PZ97-31. MOTION SECONDED BY CHRISTIAN. Glick asked for additional staff comments. La Shot noted no additional comments and asked if there was a representative in attendance. Joan Seamen responded from the audience. Christian asked about the snow storage shown on the plan where the trees are located. Christian asked if they were going to push the snow against the trees. Seamen stated it would go into that area. Seamen stated that none of this changes with the addition of the elevator. Christian asked if they were doing this now and if there were any problems. Bryson commented that their snow plower does good work. Glick questioned if the only changes to the landscaping would be around the addition and would be the concrete planter and shrubs. Seamen advised that was correct. VOTE: CHRISTIAN YES BRYSON YES WERNER-QUADE YES GOECKE YES NORD YES MAHURIN YES GLICK YES APPROVED-UNANIMOUS. b. PZ97-32-Landscape Site Plan Review-Restaurants Northwest, Burger King, 10640 Kenai Spur Highway (Tract 3B-2 CIIAP No. 5), Kenai, Alaska. CHRISTIAN MOVED TO APPROVE PZ97-32. MOTION SECONDED BY GOECKE. Glick asked for additional staff comments. La Shot noted nothing additional. Glick asked if there was a representative present from Burger King. Representative in the audience. Eric Munser, Director of Planning & Development for Restaurants Northwest, Burger King. Munser stated he believed the Commission had all the information and would be available to answer any questions they may have. Mahurin stated she found the information very clear adding that she could understand it. Planning & Zoning Commission Page 10 Minutes June 25, 1997 Christian commented that he appreciated the amount of work that would be going into this project and the amount and height of the trees instead of the small bushy trees that generally don't survive. Christian stated he felt this would be a very attractive addition to that area. Mahurin stated that landscaping has been a major topic for the Commission adding that this looks like a very nice plan adding she was pleased to see it. Mahurin thanked them for the effort. Werner-Quade stated she would like to add that this plan is the exception adding it is easy to read and well done. Werner-Quade thanked them for the plan. VOTE: BRYSON YES WERNER-QUADE YES GOECKE YES NORD YES MAHURIN YES CHRISTIAN YES GLICK YES APPROVED-UNANIMOUS. c. PZ97-33-Landscape Site Plan Review-City of Kenai, Animal Control Shelter, 510 Willow Street North (Lot 2, FBO Subdivision No. 6), Kenai, Alaska. Glick asked for additional staff comments. La Shot stated if the Commission had any questions that Keith Kornelis was in attendance representing the city. MAHURIN MOVED TO APPROVE PZ97-33. MOTION SECONDED BY GOECKE. Keith Kornelis, Public Works Director, City of Kenai, introduced himself to the Commission. Kornelis apologized for putting so many of the technical portions of the landscaping into the packet. Kornelis explained the information came from the bid documents. Kornelis stated the first page is the site plan. Kornelis drew attention to the area at the top and noted that is existing vegetation that will remain in the area. Kornelis stated they will be clearing out some of the brush and landscape it similar to the senior center. Kornelis advised the other areas that will be landscaped will basically be mostly grass. Kornelis drew attention to Addendum No. 1, Item 10, states that all disturbed areas on the site will be graded, receive four inches of top soil and seed as specified in the project manual. Kornelis stated he placed in the packet the specifics for the grass seed and top soil in case the Commission is interested in what grass, fertilizer will be used. Kornelis explained that a lot of the area will be undisturbed. Kornelis stated that the front page shows where the snow will be pushed in areas adjacent to the parking lot. Kornelis stated there will be a fence in the back part noting that the area inside the fence will be all grass. Kornelis stated that this portion, Planning & Zoning Commission Page 1 1 Minutes June 25, 1997 `~ apologizing for being so technical, shows the building, where the top soil will go and is across section of the first section. Kornelis stated the rest of the handout is specifications for the seeding. Mahurin asked if they were talking about only having grass and natural vegetation and not any sort of landscape plan per say? Kornelis stated that at this time they are not talking about bringing in any trees, just the trees that are there. Mahurin asked about planters, shrubbery, or anything like that? Kornelis stated that cost is one of the things and the other thing is that should they be desired later the Parks and Rec Department would be doing that instead of a contractor. Kornelis noted that there is a possibility that the grass may not get planted this year. Kornelis stated the building will be built this fall and it will be too late to put the grass in. Goecke stated he knew where Commissioner Mahurin was headed adding that he felt she stopped a little short. Goecke stated they are requiring anyone building in this town to come in with some decent landscaping adding that grass and existing trees aren't necessarily what they have required in the past. Goecke asked why they should as taxpayers as well as sitting on this commission not require our own city government with one of their buildings, if nothing else, to set an example that this is what we want in this town. Goecke asked if it is because it is sitting on the end of Willow Street that we are going to bypass this, or because we can't afford it, or is it because we just don't want to do it. Goecke stated that is the question. Kornelis advised he couldn't answer the question. Kornelis stated as far as the cost goes, they don't know yet adding they are very tight on the budget. Kornelis stated if it is a requirement that they would do it. Goecke stated it is not really a requirement as such but added they have required everybody that is wanting to build in the city to have this type of stuff. Goecke noted that everything goes better if that is in place. Goecke stated that Kornelis and whomever else upstairs is basically saying we don't want to do this. Goecke stated he personally has a problem with this and that the city should have to do it. Nord stated her question is if the city has talked to Parks and Rec about going ahead and doing something. Nord commented that most of the city buildings have basically beautiful landscape. Nord noted that Parks and Rec is about to make sure that they are well kept. Nord stated that being on the Beautification Committee that she volunteers a lot of hours weeding and trying to keep the city property looking good. Nord stated she is uncomfortable with a little grass and existing trees. Nord stated her question was if the city has talked to Parks and Rec and noted she was surprised that no money was budgeted for landscaping other than grass seed. Nord stated the list showing topsoil and type of blue grass and red grass was very impressive but noted that doesn't mean anything to her. Nord noted that doesn't mean anything to her adding there will just be an awful lot of grass. Nord stated she wasn't even sure where the grass would be noting that Kornelis had stated inside the fence but that it looks like a driveway. Nord asked if the shaded area is a driveway and the rest of it will be grass. Kornelis stated that was correct. Nord stated it is at the back of the building and no Planning & Zoning Commission Page 12 Minutes June 25, 1997 one will even see it adding she is not sure what difference it will be to have the grass there. Kornelis showed where they would be bringing the animals in back. Nord questioned if the employees would be the only ones seeing it and the general public would see nothing but concrete. Kornelis explained that the general public will be in front of the building in the parking lot on Willow Street. Kornelis stated this gate, as shown on the drawing, is for employees to use. Nord asked if that is the only place the grass will be. Kornelis stated that no explaining that anywhere that the ground is disturbed will be planted as well as alongside the parking in front. Kornelis stated that as far as Parks and Rec that we do this with all of our buildings and after this building (city hall) was built, Parks and Rec planted all the trees and shrubs. Nord stated she understands the need to plant certain things at certain times but just grass leaves her cold. Kornelis stated he thought the window for planting was May 15 to September 15t. Kornelis noted there is not much of a chance they will meet that date but it will depend on the contractor. Kornelis added that the Mission Street project may not get the sidewalks and pavement won't be in until after that deadline so they will be planting next year. Werner-Quade commented that she felt that the grass and existing vegetation was fine and that this was an accurate portrayal of what was going to happen as opposed to some type of a falsified document which they have seen before with all kinds of trees and planters. Then, when the building goes in, there is no landscaping. Werner-Quade stated she felt that grass that they could mow with a rider lawnmower would be fine. Werner-Quade stated, that as Mr. Kornelis mentioned, that Parks and Rec can come in and put in plants and shrubs later. Werner-Quade stated she could not think of one building in the city of Kenai that doesn't have at least one little box of flowers in front. Glick asked Kornelis if the plan was such because they didn't want to include it in the bid. Kornelis stated that is correct. Glick commented that afterwards the city could come back and do some other things. Kornelis stated that once the building is done and it is top soiled and seeded it is turned over to Parks and Rec who mow it and plant whatever they feel proper. Kornelis stated they already have a lot of the plants that are portable in boxes that they take to buildings such as are placed at city hall. Mahurin stated she understood this and appreciates it and noted that she didn't feel the Commission had any choice but to approve the plan as it meets the five percent requirement. Mahurin stated if Kornelis was John Q. Public coming in and asking them to go on faith that next year there was going to be planters and flowers, etc., they wouldn't believe him. Mahurin stated they are going on faith that the city will do that. Mahurin stated she would like the minutes to reflect the dialog and the understanding that the Commission has that this is going to meet the minimum requirements of a landscape plan to get it going and the intent is for Parks and Rec to come in next ~ summer and beautify the building in accordance with the rest of the city buildings. Mahurin stated she would feel more comfortable having a clear understanding between the rest of the Commission and the city that this is what will happen come next spring. Kornelis stated he didn't have a problem with that and that in comparison with John Q. Planning & Zoning Commission Page 13 Minutes June 25, 1997 Public that the other city buildings are an example of what the Parks and Rec Department does. Mahurin noted they are gorgeous. Kornelis noted that grounds will be turned over to Parks and Rec. Bryson stated there are several areas along the sides of the property that are indicated as drain swales and asked if they would be revegetated. Kornelis stated that anything that is touched will be revegetated. Kornelis noted they will be very shallow. Bryson stated the proposed area in front is shown as grass adding the plan shows an area in the back as grass noting he didn't know if it was behind the fence. Bryson stated he felt that in all likelihood it will be like all city buildings, very attractive, if with nothing else but the grass landscaping as proposed. Nord stated she would be voting in favor because the plan meets the five percent rule but it will be her recommendation at the next Beautification Committee meeting that they talk to Parks and Rec about considering doing something special. Kornelis commented that he thought is was more economical for Parks and Rec to take care of it than to bid it and they would probably use plants that they are used to taking care of. Kornelis stated a contractor would have a subcontractor bid it and add their percentage. Kornelis stated that that was one of the other reasons they didn't include landscaping. Goecke asked if it would be better to amend the motion to require Parks and Rec to place shrubbery. Goecke stated that administration would have a better feel for this than the Commission and asked if they felt this would be a smart move or take them on good faith. Kornelis stated he would take it on good faith adding he feels they do a good job. Kornelis noted that the contractor will place good topsoil and seed and the trees and brush and things would be taken care of by the Parks and Rec. Kornelis stated that regarding Mr. Bryson's comments that he was under the impression after speaking with Kebschull that this group liked to see existing vegetation left and that was one of the reasons we had an addendum stating existing vegetation to remain in the front. Kornelis noted that is where the public will have the first view. Kornelis noted there is some water and sewer that will go through but they are trying to minimize the impact. Kornelis stated he would feel comfortable leaving it to Parks and Rec. La Shot stated that he felt the plan meets the code requirements but it might be appropriate if the Commission were to suggest or recommend to council that further work be done in the spirit of helping the cooperation of other commercial development in the city. ~ GOECKE STATED HE WOULD LIKE TO MAKE LA SHOT'S SUGGESTION AN AMENDMENT. MAHURIN SECONDED. VOTE ON AMENDMENT: Planning & Zoning Commission Page 14 Minutes June 25, 1997 GOECKE YES NORD YES MAHURIN YES CHRISTIAN YES BRYSON YES WERNER-QUADE YES GLICK YES APPROVED-UNANIMOUS. VOTE ON MAIN MOTION AS AMENDED: NORD YES MAHURIN YES CHRISTIAN YES BRYSON YES WERNER-QUADE YES GOECKE YES GLICK YES APPROVED-UNANIMOUS. RECESS FROM 8:20 TO 8:30 P.M. 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. Clty COUnCII Smalley stated there is a copy of the agenda in the packet as well as an excerpt from the meeting minutes. Smalley reported that Clarence Ladd spoke to the council about parking in the Main Street area and the barricade on Riverview Drive and eventually moving it further down the road because it cramps the style of people going in there. Smalley stated that city administration and fire and police will take a look at the safety aspect of it. Smalley stated that Item B2 people did not report. Ms. Tomrdle wrote a letter and it was in the packet. Under-Item C1, the ordinance dealt with the extension of the capital project on the taxiway and it was amended to a substitute ordinance to the difference between the two. Smalley stated the main ordinance was a $2 plus million dollar price tag and the substitute motion was a $1.5 million dollars which was the actual bid. Smalley explained that Item 4 passed noting it was amended. This dealt with taking care of the bike paths on the new paved sections. The city wanted to make it clear that it didn't mean taking care of the bike paths all over the city, i.e. Forest Drive. Smalley stated this basically deals with seasonal sweeping. Smalley stated that under the Commission reports regarding Planning and Zoning there _ was considerable discussion. Smalley noted that those minutes were provided to the ~ Commission. Smalley stated this concerned Item 6a from tonight's agenda. Smalley stated he presented what had taken place at the P&Z meeting. Smalley stated he explained to the council his question which he had asked. Smalley stated council had a Planning & Zoning Commission Page 15 Minutes June 25, 1997 discussion as to the original intent of the Townsite Historic District ordinance which was not to create another layer of bureaucracy for individuals to go through. Smalley stated there was confusion as to people's interpretation noting the letter that was received from Ms. Gray which is in the packet. Smalley stated there were copies of a memo from Kebschull interpreting Mr. Graves' interpretation. Smalley stated he felt the packet tonight, if you read Mr. Graves' letter responding to Gray's concerns, clears up some of the confusion. Smalley stated that council realizes that this is a volunteer group and they appreciate the work. Smalley stated the concern was that it was felt that this should not have been sent to Townsite Historic District Board and in fact it created that extra layer of bureaucracy that postponed potential development that we should be encouraging. Smalley advised that Mr. Bannock would be attending the P&Z meetings in July and could be addressed on his concerns at that time. Mahurin asked to reserve comments until Commission Comments adding that she has several she would like to make. Mahurin added that whether Mr. Bannock is at the meetings in July or not that she will be in contact with him. Mahurin stated she felt personally as if her integrity had been attacked. Smalley reported that under New Business Item 6 was the memorandum on the Mission Street improvements with the Department of Transportation. Smalley advised the special use permit for Snug Harbor Seafoods was a change in the rates. Smalley stated there was question about a bed and breakfast sign on the Kalifonsky Beach area. Smalley stated he thought this was just outside of the city limits. Christian stated that regarding signs, the new motel near Thompson Park has a portable sign advertising low rates adding that he felt that was not an appropriate sign. La Shot stated he would have the Building Official check on it. Christian asked regarding the lots in Inlet Woods what the procedure would be for making them available and if they were available now. Smalley stated there will be a sealed bid and there will be a specific due date. Smalley stated that he did express the concern that when more land becomes available that there was a concern by P&Z that land be set aside for a park. b. Borough Planning Bryson stated the agenda was in the packet. Bryson noted it was a very long meeting beginning with the plat committee at 5:30 and ending at 11:30 p.m. Bryson stated there was one item specific to the city, Item F3, is a petition to vacate a public access and utility easement near Swires, the Buffalo Run Subdivision. Bryson stated there were a number of persons testifying. Information was submitted by the applicants that reflected their contention that the final waterline easement had been agreed upon and it eliminated the other easements that had several weeks before been created. Bryson -~ stated the item was postponed due to a request for additional information, specifically, whether the parcel to the north is land locked or if they have an easement to the Spur Highway. Bryson noted the owner of the property has stated they have such a document in their deed. Planning & Zoning Commission Page 16 Minutes June 25, 1997 Bryson advised there were approximately 60 street names addressed. Bryson stated that there were only 12 without comments so all the others had to be specifically addressed. Bryson stated there were persons there to testify on about half of them. Bryson advised they are through the bulk of the street renaming. Bryson advised they will all come back in one large package for final ratification. Glick asked what was done with Item F7? Bryson advised that item was postponed due to a staff request. c. Administration La Shot advised that due to the July 4`h holiday, the next packet deadline will be Tuesday, July 2"d. La Shot asked the Commissioners to provide anything for the packet by that date or before. La Shot noted they had been introduced to Ms. Roper who will be doing meeting minutes in the future. La Shot stated there will be a transition period where he will be attending the meetings; however, Ms. Kebschull will be taking over as the administrative representative for the Commission. La Shot stated that anyone who may be needed from administration will be present at meetings dependent upon the issues before the Commission including himself and the Building Official. La Shot stated they will continue to provide input on issues. 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Historic District Board Minutes of June 16, 1997 b. KPB Administrative Approval Papa Joe's Subdivision c. "Alaska, Chapter American Planning Association" Newsletter, Spring 1997 13. COMMISSION COMMENTS & QUESTIONS: Nord advised she had not had a chance to read the council minutes so noted she would reserve her comments for the next meeting. Bryson advised he has some specific concerns about what was discussed at the council meeting adding he will bring those up at the next P&Z meeting with the individual. Mahurin stated that she will not be at the next P&Z meeting noting she would be out of town. Mahurin stated she would like to ask Councilman Smalley what is happening with the city manager search. Smalley advised nothing and that it is on hold until after the elections in the fall. Mahurin stated she would like to respond to the minutes about ~ the last P&Z meeting and added that she will be calling Mr. Bannock. Mahurin stated she takes great exception. Mahurin stated she realizes that Bannock as a council person is entitled to his own opinion. Mahurin stated she does not believe that we Planning & Zoning Commission Page 17 Minutes June 25, 1997 ~) "messed up and messed up bad because we didn't follow the rules. Because of that, there was now ascrew-up that was requiring aback-and-forth action on the matter. He added, he tries not to pick on volunteer boards, but he felt this was a big error and he wanted to send a strong message to the Commission that this cannot happen again." Mahurin stated she would like the P&Z minutes to go to council saying, one, we don't get salaried retirement, etc. like city council people do. We are volunteer. Mahurin stated she would also like to point out that the letter that came to Mayor Williams from the State of Alaska from Judith Bittner gives an accurate portrayal that the city was very anxious to have a Townsite Historic Board. They were very anxious to become a certified local government and they have received grants. The city pushed very hard for the Historic Townsite Board to get that done. Mahurin stated she was on that board at the time. Therefore, to me, this city does have a strong commitment to Townsite Historic. Mahurin stated she might want to say that Mr. Bannock messed up badly when he voted to reduce the size of Townsite Historic. That could be his opinion. Mahurin stated she too will be talking to him adding she does not believe they made the error. Mahurin continued stating she feels the integrity of Townsite Historic needs to be maintained. We do, obviously, realize that we need to deal with this issue a little more. Mahurin added that she thought she had requested that it be placed on a fall agenda. Mahurin stated she resents the fact that he didn't think they knew what they were doing. Mahurin stated she felt they perfectly knew what they were doing. Mahurin apologized for her lateness and not being at the next meeting. 14. ADJOURNMENT: Meeting adjourned at approximately 9 p.m. Res ectfy~lly submitted: f i / 1~ ,1N ~1 P'.~~.~~~ N~aril~n Kebschull Administrative Assistant l~ II STAFF REPORT To: Planning & Zoning Commission Prepared By: JL/mk Date: July 1, 1997 Res: PZ97-35 GENERAL INFORMATION Applicant: Allan J. Norville 301 Riverside Drive Soldotna, AK 99669 Requested Action: Landscape/Site Plan Review Legal Description: Tract B-2 Cook Inlet Industrial Air Park - 10672 Kenai Spur Highway Existing Zoning: CG-General Commercial Current Land Use: Vacant--Commercial ~ ANALYSIS General: Applicant's representative advised that approximately 7.5% of site would be landscaped, which satisfies the KMC. Areas shown on the attached preliminary plat show proposed landscaping to the right and front of the building. On the right, shrubs and trees will be planted. In front, lawn will be planted. Planned planting materials include grass, Mugho Pine, rose bushes, and Birch trees. Decorative rock will be placed around the shrubs and trees. Snow removal will be addressed at the meeting. City Engineer: Drainage appears to be adequately addressed. Building Official: Fifty-four (54) parking spaces are noted on building plans which appears to be adequate per KMC. RECOMMENDATIONS Approval with verification that snow removal is adequately addressed. ATTACHMENTS: 1. Resolution No. PZ97-35 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION LANDSCAPE/SITE PLAN REVIEW RESOLUTION NO. PZ97-35 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED LANDSCAPING/SITE PLAN REVIEW BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached Landscaping/Site Plan Review was submitted for: Tract 6-2 Cook Inlet Industrial Air Park-10672 Kenai Spur Highway ,and received on July 1, 1997. WHEREAS, the City of Kenai Planning and Zoning Commission finds this plan provides for orderly and safe development within the City commensurate with protecting the health, safety, and welfare of its citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of commercial and industrial areas; and, WHEREAS, the plan appears to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City; and, WHEREAS, the purpose of landscaping is to visually enhance the City's appearance and reduce erosion and storm runoff, and the plan appears to meet this criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE LANDSCAPING/SITE PLAN BE APPROVED AS SUBMITTED. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JULY 9 , 1997. ~~,. C.,i/I_, ~ A TEST: Planning Sec?Mary ;~ ~,._O~/~i CHAIRMAN ti ~ '~{~~ i LANDSCAPING/SITE PLAN REVIEW ~~lati'~ APPLICATION .APPLICANT ' ~ ,f/ /l> ~; ~~/G- L~ ADDRESS 3~~~ ~iv, s~ c v . 7 '1VIAILING_ADDRESS r' PHONE ~ ~ ~ ~i~~ . , ZONING C RR RR-1 RS RS-1 RS-2 RU CC. C IL R TSH .:DESIGNATION.. (Circle one) LEGAL PROPERTY OWNER ~G~ G t/ ~/,~ v ~~-" Please include the following in the Site Plan. If not applicable please put an NA next to the item. a. Common and scientific name of the planting materials to be used in the project. b. Typical planting details. c. Location of all planting areas and relationship to buildings, parking areas, and driveways. d. Identification and location of non-living landscaping materials to be used. e. Identification of on-site snow storage areas. f. Drainage patterns. g. Description of buildings, including building height, ground floor dimensions, kinds of building materials, type of architecture anticipated. h. Physical features of the property including location of all buildings, ingress and egress, and unusual features of the property which may restrict development and drainage. ~~,~23gae'~ ~° ~ °~ Additional comments: .~ ,~ °~ C:\WPDOCS\fORMS\LANDSCAP.APP s~, ~~ c ~2~~~Ztz~6y~~~~~~ R ^ = x ~ ~ I1VId 3LIS 1v1~S,I.al1u Xooo ~ ~~~ ~~c !~ I~' ~ ~ 5 s ~ ~ ~ ~ ~ YU~tJd Ad~ Z-H~.I~11 7, so~at,~c~oo ~,1 a ~ ~~ ~! ~ ~ a t~oaaYa.~r~raoo.~ue- ~,~ y~ R ~i ~~ , , w $~.~ y ~ E ~ `` $4 ~ ~ ~ 1 , ~ ~" ~~ F ~ Q ~~~ ~ ._ ~ ,® ~ 1--s-nr~r I U + ~8 INS yR ~ a" I~ ' : r ~ i ' i ' ~ S 9 z ° ~ ~ a ~ i' j ~ ~ I ~ ~ ~~ r'I t _ ~ R S ~ I ~i pp ~ ~~ y ~ ~~~~ J ~ ~.', \ ~L G C- ~b ~ ~ ~ ~ Ja 4 4 ~ O ~gg ~ d, , uy ~ .}a 5i ~ .$ S rr~l~, ~ _ .~ z --F__ --_-______ ~ _.-__ _3Qtl}041__4-.YYnOC--L00.1fitY_--_ ~__ _ __ __ _______JQ tl010N0-_4 __~ ~ ~' 4A ~` } 4 ' 4, P49 ~__ __ ______,_~_ ',~;i~ _________A __ ~ ~ ____ ~_ __ F __ $__ ~p ~ AF 1 I .aa ~ a~ I •~ \ , I I C I i' l a 4 ~ ~ ~ L' ~ ~ ~ a ~ ($ ~ \ w C ~ r ~' a , • ~ ~_ ~ ~ 9I ~ ,. A'lvY ~ ~NO~ .H' • .Y ~ .. ~ r ~ ti i I •y1,~ G~. `l ~ ~y ff ' ~ ^ ~ Y ~ O ~ a ~ IA V ~ ~ '' o o FV NN ~b`~ z gv~ 4N A ~ ~ ~c c~ ~ a • II _L 1 D~ ~~X m I=il y °k ^'r" 1 8 4' d ~ VI / ~^ i ` I \ u ~ ~d ,ov'm h4~ 9qy. Der 49 .oW .9 # qr ~ ~ ~.o o.rcsw 3NPI 3Stl9 I i I I I -T~~ 8 i I I I I ~ I I I i 1 I ,any I I I \ ~ i 1 1 ~ . g ~ ~ a b. ~ A .~ ~ ~ s' +~ ~ i I ~ I i ~~ 6 g i gl g ~ ~ K ~I ~ N o o, II `~~ I i I d FFF I ,01 ~ FN ~ C t S! ~ ~~ ~s I ~ I ~~ '3 I ~~I I e I ~~ I I I~~ !I ------------------------------------ I L ~~ ------------------- -~ - IlIiIOLI'l 1116111 A~ C~ Tr ~~G~ AGENDA RENAI CITY COIINCIL - REGIILAR MEETING JIILY 2, 1997 7:00 P.M. RENAI CITY COIINCIL CHAMBERS http://www.Renai.net/city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. $CHEDIILED PIIBLIC COMMENT (10 Minutes) 1. Rita Smagge/Ronald Petterson - Kenaitze Indian Tribe/Municipal Park C. PIIBLIC HEARINGS 1. Ordinance No. 1750-97 - Increasing Estimated Revenues and Appropriations by $2,750,000 in the Kenai ARFF Capital Project Fund to Finance Phase I of the Project. 2. Ordinance no. 1751-97 - Increasing Estimated Revenues and Appropriations by $645,700 in the Animal Shelter Capital Project Fund for Construction of the Animal Control Shelter. a. Consideration of Ordinance No. 1751-97. b. Consideration of Substitute Ordinance No. 1751-97. 3. Ordinance No. 1752-97 - Replacing the Current Kenai Municipal Code Land Use Table (KMC 14.20) and Its Footnotes with the New Land Use Table and Footnotes (See Exhibit "A" Attached). -1- 4. Ordinance No. 1753-97 - Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote ) c. Motion for Adoption 5. Resolution No. 97-44 - Supporting the Alaska Statehood Act and Its 90-10 Provisions Regarding Oil Royalties. D. 6. Resolution No. 97-45 - Requesting Safe Communities Funding From the Department of Community and Regional Affairs . 7. Resolution No. 97-46 - Approving of a Contract to Blazy Construction, Inc. for the Project Entitled, "Kenai Animal Control Shelter - 1997" for the Total Amount of $598,650.00 Which Includes the Basic Bid and Additive Alternate No. 1. 8. Resolution No. 97-47 - Awarding a Contract for Construction Inspection Services to Kluge and Associates for the Project Entitled, "Renai Animal Control Shelter - 1997" for the Total Amount of $19,220.00. 9. *1997J1998 Liquor License Renewal - WITHDRAWAL OF PROTEST - Kenai Joe's/Beverage Dispensary. COMMISSION/COI~4iITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Challenger Board d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report E. MINIITEB 1. *Regular Meeting of June 18, 1997. F. CORRESPONDENCE -2- ' G. OLD BIISINE88 H. NEW BIISINE88 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance no. 1754-97 - Amending Kenai Municipal Code 14.20.160(b)(6)[A] to Specify Allowed Building Coverage of Lots for Townhouses in All City Zones. 4. Approval - Request for Letter of Support/Health Communities, Healthy People Grant Application. EBECtTTIVE SESSION - None Scheduled. I. ADM; 1. 2. 3. 4. 5. 6. 7. 'ISTRATION REPORTS Mayor City Manager Attorney City Clerk Finance Director Public Works Director Airport Manager J. DISCII88ION 1. Citizens (five minutes) 2. Council R. ADJOORNMENT -3- ~~. •,~ .. . Kenai Peninsula Borough Planning Department 144 North Binkley Soldotna, Alaska 99669-7599 {907) 262-4441, eztension 260 FAX (907) 262-8618 ,y3466 /~ June 26, 1997 r~ ~ ~ ~ ~~ ~~ NOTICE OF PLANNING COMMISSION ACTION ~5~. ~ti '~~FZZZ~Z~~ MEETING OF JUNE 23, 1997 RE: Petition to vacate (#1) the entire of the public use and utility easement granted to the City of Kenai by document recorded in Book 37, Page 224, Kenai Recording District; AND (#2) Vacate a portion of a public use and utility easement granted to the City of Kenai by document recorded in Book 38 Page 48, Kenai Recording District; all within Section 35, Township 6 North, Range 11 West, Seward Meridian, Alaska. Said easements are both within Tract A Swires Subdivision Amended (Plat 74-88 Kenai Recording District); within the City of Kenai. Petition is not requesting vacation of the HEA easement (Book 8, Page 165, Kenai Recording District)underlying the easement recorded in Book 37, Page 224. KPB File - 97-097 [Integrity Surveys] The proposed vacation was postponed by the Kenai Peninsula Borough Planning Commission to their July 14, 1997 meeting. If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. This notice and unapproved minutes of the subject portion of the meeting were sent June 26, 1997 to: City of: City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Advisory Planning Commission: n/a Survey Firm: Integrity Surveys, 605 Swires Drive, Kenai, Alaska 99611. Subdivider/Petitioner: Bill Zubeck, 414 Swires, Kenai, Alaska 99611. w~ ~, vJ ~/ KPB File Number: 97-097 AGENDA ITEM F. PUBLIC HEARINGS 3. Petition to vacate (#1) the entire of the public use and utility easement granted to the City of Kenai by document recorded in Book 37, Page 224, Kenai Recording District; AND (#2) Vacate a portion of a public use and utility easement granted to the City of Kenai by document recopied in Book 38 Page 48, Kenai Recording District; all within Section 35, Township 6 North, Range 11 West, Seward Meridian, Alaska. Said easements are both within Tract A Swires Subdivision Amended (Plat 74-88 Kenai Recording District); within the City of Kenai. Petition is not requesting vacation of the HEA easement (Book 8, Page 165, Kenai Recording District)underiying the easement recorded in Book 37, Page 224. KPB File - 97-097 [Integrity Surveys] Staff report as read by Lisa Parker. PC Meeting 6/23/97 e itio er. Bill E. Zubeck of Kenai, Alaska. The City of Kenai has no objections to the petition being processed. Puroose as stated in petition: Easement #1 was supposed to have been vacated when easement #2 was granted. Since then a shop has been constructed within the easement. Easement #2 needs to be relocated to fit the proposed ROW dedication within Buffalo Run Subdivision. Public notice appeared in the June 11 and June 18, 1997 issues of the Peninsula Clarion. Twenty-five certified mailings were sent to owners of property within a 300-foot radius and to other interested parties. One notification was hand delivered. Twenty-three of the receipts have been retumed. One mailing was retumed marked "undeliverable as addressed." Statement of nonobjection: - PTI Communications - City of Kenai stated, "The City of Kenai has no objection to vacation of the easements shown on the above referenced plat. This plat was reviewed by the city's Planning and Zoning Commission on May 1, 1997.' The plat referenced is the proposed Buffalo Run Subdivision. Other Responses: - Homer Electric Association stated, "HEA reserves a 40 foot wide electrical transmission line easement centered on existing transmission line.' Statement of objection: - No written statements were received as of June 19, 1997. It is staffs understanding interested parties will be attending the hearing to voice objection. Additional background information: On May 8, 1997, the Kenai Planning and Zoning Commission reviewed the proposed subdivision plat showing the vacation of the public use easements. The city engineer in his analysis addressing the subdivision and easement vacation included the statement, "These easements are not needed for access to the subdivision or for city utilities." The Kenai Commission recommended approval. Staff recommends and requests, the Borough Commission use two votes in taking action on this petition. EASEMENT #1 Located within the northerly 30 feet of Tract A, Swires Subdivision, Amended. Easement recorded in book 37 page 224 Kenai Recording District, conveyed to the City of Kenai, its successors and assigns, "for use as a public right of way, including the right to construct, operate and maintain public improvements of all kinds.' l In the event this easement is approved for vacation, the applicant may need to purchase the easement within the KENAI PENINSULA BOROUGH PLANNING COMMISSION JUNE 23, 1997 MEETING PAGE 21 -'VA~t/Ru'J~I3 f~Jf1i~UTES northem 30 feet from the City of Kenai. A.S. 29.40.160 Title to vacated area- (b) If the municipality acquired the street or other public area vacated for legal consideration or by express dedication to the municipality other than as a subdivision platting requirement, before the final ad of vacation the fair market value of the street or public area shall be deposited with the platting authority to be paid to the municipality on final vacation. The document conveying the easement to the City describes the considerations. FINDINGS 1. Easement is the only known legal, recorcfed access for three parcels adjacent to the northem boundary. 2. No alternative access has been proposed. 3. Vacating the easement would not totally resolve the encroachment. The structure would still be encroaching within a Homer Electric Association easement. Staff cannot recommend the vacation of the easement located with the northerly 30 feet of Tract A, Swires Subdivision, Amended. STAFF RECOMMENDATIONS: For reasons stated in findings, disapprove vacation of the public use easement within the northerly 30 feet of Tract A, Swires Subdivision, Amended. EASEMENT ait2 Located along Doris Avenue. FINDINGS 1. Aftemative right-of-way is being dedicated by the Buffalo Run Subdivision plat. 2. No properties would be denied access or utilities. ~ Staff finds no reasons for not granting the vacation of the portion of the easement along Doris Avenue. STAFF RECOMMENDATIONS: A. Planning Commission concur with, accept findings, and B. Approve vacation of a portion of the 60' public use easement along Doris Avenue, subject to the following conditions: 1. Submittal of the final plat within one year of vacation approval. 2. Subdivision plat is to be filed prior to the vacation plat, or they may be fated concurrently. 3. The Kenai City Council has thirty days in which they may veto Planning Commission approval of the vacation. NOTE: ff the vacation is denied, the petitioner has eight calendar days in which to appeal the Planning Commission denial. Written appeal must be submitted to the Kenai City Clerk. While reading the staff report, Ms. Parker advised that a letter of objection had been received today. END OF STAFF REPORT Chairman Hammelman opened the meeting for public comment. 1. Dennis Mueller Mr. Mueller opposed the vacation. Presently, it is the only dedicated public access to his property, Tract B, which is now called Homestead Subdivision. Not only is it the only recorded public access, but also it is the only access by which Mr. Mueller can get city sewer and water to his property. The current access he uses to reach his property is not dedicated or recorded, and it crosses private property. Even if this access were dedicated and recorded, it is only a 15-foot wide access, which would not be adequate width KENAI PENINSULA BOROUGH PLANNING COMMISSION JUNE 23,1997 MEETING PAGE 22 !;~!'„PP~t~`~'~~ '~,Ai~~UTES to accommodate sewer and water to Mr. Mueller's property. Commissioner Johnson asked Mr. Mueller if he was referring to Easement No. 1. Mr. Mueller said he was speaking to the northern 30-foot easement along the northem portion of Swires Subdivision. 2. Brad Zubeck, P.O. Box 1156, Girdwood Mr. Zubeck recommended vacation of the easement and said he would speak to Easement No. 1. He thought the staff report was based on some misinformation. In June 1970 the referenced book and page were recorded with the Kenai District Recorder. On August 5 and August 14, there was a dedication of an easement that superceded the first easement. In June the northem 30 feet was dedicated to the city as an easement. In August and city and original property owners moved the dedication 150 feet south of the 1/4 section, which is now Doris Avenue. In that same recording, all other easement dedications were declared null and void. The waterline was constructed through the Doris Avenue easement. The intent was to vacate the original June recorded easement. The electrical easement was retained on the northern 30 feet. Mr. Zubeck said Cliff Baker would address the Easement No. 2. Upon Mr. Mueller's request Cliff Baker distributed a copy of the recorded document and an assessor's map. (Clerk's Note: A copy was provided for the subject file.) Referencing Mr. Mueller's comments, Mr. Zubeck said the right-of-way to his property is shown on the tax records and recorcied plats at the Borough. He understood some court action was in progress and asked that ft be considered a separate issue. The access to all the lots is to the Spur Highway to the north. The access was never intended to be through the northeriy 30-foot part of the property and should be through the Kenai Spur Highway. Mr. Zubeck believed this matter should be resolved among the property owners immediately adjacent to the right-of--way in question. Mr. Zubeck referred to part of the staff report (Easement No. 1 was to be vacated when Easement No. 2 was granted) and said this was essentially correct. However, the shop was constructed before (not after) the easement was dedicated. He did not think the shop should be a consideration. The quotation in the staff report is not complete. Mr. Zubeck said the recorcted easement continues, `within said right- of-way described as follows' and it references an attached sheet. He did not have a copy of the sheet and asked the Commission to review this attachment. In view of the time line and easements and the August dedication superseding the June dedication, there is no reason fo purchase the northeriy 30 feet of the easement. Mr. Zubeck referred to staff finding No. 1 for Easement No. 1. He said this finding is incorrect. There is an easement, which is shown on the Borough plat. However, someone constructed a structure in the easement that prohibits access. Mr. Zubeck thanked the Commission and offered to answer questions. Ms. Parker asked Mr. Zubeck to show her the location of the dedicated access for the three parcels. Mr. Zubeck said the original property owner gave assurances that all property owners had access to the Spur Highway and a 20-foot easement was present. Ms. Parker said her map had been generated by the Borough's GIS Division, which obtains its information from the approved subdivisions. She stated the access referenced by Mr. Zubeck is not shown in the Borough records at this time. Commissioner Gannaway asked Mr. Zubeck to explain the easement document. He pointed to Mr. MuellePs parcel on the assessor's map. In response to an inquiry from Commissioner Gannaway, Mr. Zubeck pointed out Doris Avenue and the shop. Commissioner Johnson inquired about the lot numbers for Mr. Mueller's lot and where the shop is located. Mr. Zubeck replied Mr. Mueller's parcel is Lot 7, and the shop is constructed on the southeastern comer of Lot 1. Commissioner Hensley inquired about the location of the easement. Mr. Zubeck pointed to it on the assessor's map. He reiterated the original dedication was recorded in June. In August another easement, which declared all other easements except the electrical easement on the northem border were null and void, was recorded. rCENAI PENINSULA BOROUGH PLANNING COMMISSION JUNE 23, 1997 MEETING PAGE 23 UNAPPROVED MINUTES 3. Cliff Baker, Integrity Surveys Mr. Baker said he represented the subdivision (Buffalo Run) and Mr. Zubeck. Mr. Baker said the recorded document for the easement distributed earlier was a copy of the August filing. The first easement was granted in June, and the second easement was granted in August. It was the intent for the city to have a different location for their waterline, which the city accepted. The city's waterline is currently in the second easement. Based on the location of the waterline, it would be difficult to get water and possibly sewer to Mr. Mueller's property without acquiring additional easements. The lines would have to be extended more than 500 feet if the first easement is used for service to the Mueller property. The first easement (based on the second easement) is null and void. The intent is to do some 'house cleaning' and clarify some issues. Mr. Baker did not believe the first easement existed. It has been vacated, and the city accepted moving the easement 150 feet south. The city got a wider easement (60 feet) versus the original 30-foot easement. Referring to earlier comments about the only recorded legal access to the parcels, Mr. Baker commented the Borough has been aware of the easement that provides access to all the parcels in the northern property. The property has been on the tax rolls for a long time and is shown on all tax parcel maps. The development of these properties has caused encroachments upon the easements. Mr.-Baker said any action taken with Mr. Zubeck's property will not resolve any of the encroachments in the easements. Doing something to Mr. Zubeck's property will not resolve the easement problems in the Cole property, and it may make the situation worse. It could create through traffic to properties that are encroaching on existing easements. Mr. Baker said Easement No. 2 was mostly self-explanatory, and staff did not object to the proposed vacation. He offered to answer questions. Commissioner Clutts asked if there was a constructed right-of--way or road to Lot 7 (Mr. Mueller's property). Ms. Parker replied no accorcling to Borough records. Mr. Baker said a driveway from the highway went to his property, and this driveway has been shown on Borough records for several years. Ms. Parker asked if Mr. Baker gave the Commission a current assessor's map and offered to make copies of a current assessor's map. Commissioner Clutts said Mr. Mueller indicated he could answer the question. Chairman Hammerman recognized Mr. Mueller. 4. Dennis Mueller Mr. Mueller said a driveway came off the Spur Highway; however, the driveway does not follow any recorded or dedicated easement. The driveway encroaches on the Cole property. If the Coles stopped Mr. Mueller from using the driveway and the public access is vacated, then Mr. Mueller's parcel would be land locked. Without the public access across the back of his property, he would have no dedicated access. He did not think the driveway he uses now will be dedicated. Mr. Mueller said he has lived on his property for about 20 years and offered to show the Commission the driveway on the plat maps. 5. Bill Zubeck Mr. Zubeck said he had a question for Mr. Mueller. Chairman Hammerman explained a public hearing was in progress, and he needed to direct his questions to the Commission. Mr. Zubeck said he spoke with Mrs. Cole, who originally owned the property. When she sold the lots, it was with the stipulation that every lot had access to the Spur Highway. Mr. Zubeck said he has owned his property for 22 years. The shop was in place when he purchased his property, and he is not going to tear the shop down. A road would have to be constructed across 500 feet of swamp on the other access. Chairman Hammerman asked Ms. Parker if the map she offered to make copies of would show if the easement was dedicated. She said it was the current assessors map for the area. (Clerk's Note: Ms. Parker left the room to make copies.) KENAI PENINSULA BOROUGH PLANNING COMMISSION JUNE 23,1997 MEETING PAGE 24 ~;i j~,~=~ t' t' 4`~ %i `~ i= U iV i ± i of +„i i v Brad Zubeck asked to comment again. Chairman Hammelman agreed. 6. Brad Zubeck Mr. Zubeck asked how the tax assessor's map, which showed the easement at one time, could be changed to not show the easement without notification to the property owners. He said he was not notified of any changes. He asked the Borough for a copy of the notice that showed alteration of the easement. Seeing and hearing no one else wishing to speak, Chairman Hammelman closed the public hearing and opened discussion among the Commissioners. Commissioner Clutts asked how a 20-foot road access was allowed for a subdivision. Chairman Hammelman commented this appeared to be a matter of debate. Commissioner Johnson said the assessor's map 041-05-017 showed one parcel. No easement is shown on this map. Chairman Hammelman recognized Cliff Baker. Mr. Baker was nut sure most or any of the parcels shown were created by a subdivision. He understood the parcels were created by a deed. The access for the lots to the Spur Highway is probably included in the deed. The Coles realized the property to the south of their property was all wooded so the only access available was via Swires. It is not unusual for many older deeds to have attached easements which go to the highway. The easement is attached to the parcel and is valid for that lot. Just because the easement is not dedicated does not mean the lot does not have access. Access granted by deed is legal. Some easements granted by deed may have been created before the Borough was formed. The public easement vacated on the northern 30 feet was vacated prior to the Borough being a governmental entity. Mr. Baker did not believe this easement existed. Commissioner Johnson said any decision for the subject vacation will have long range consequences to Mr. j Mueller and/or Mr. Zubeck. He suggested postponement to give staff additional time to research the matter. Commissioner Clutts concurred. He did not want to make a decision during this meeting that would be detrimental to either party. He voiced reluctance to make a decision with the information presently available. (Clerk's Note: Ms. Parker returned at this point.) Ms. Parker distributed the assessor's map from book 41 page 5. It shows the parcels but does not show the parcels to the south (Swires Subdivision Amended). The map showed the access off the highway. It does not show the same easements as the map distributed by Mr. Baker. Chairman asked for the preference of the Commission. MOTION: Commissioner Whitmore-Painter moved, seconded by Commissioner Johnson, to postpone action until July 14, 1997 so additional research can be done. Chairman Hammelman re-stated the motion. Vice Chairman Bryson abstained from voting. Commissioner Clutts supported postponement. It will give staff a chance to do additional research to determine if Mr. Mueller has legal access to his property before the Commission makes a decision. VOTE: The motion passed by unanimous consent. HAMNELMAN BRYSON WHITMORE-PAINTER BOSCACCI CARPENTER CLUTTS YES ABSTAINED YES YES YES YES COLEMAN GANNAWAY HENSLEY JOHNSON KNOCK NINE YES ABSENT YES YES YES YES ONE ABSTAINED ONE ABSENT KENAI PENINSULA BOROUGH PLANNING COMMISSION JUNE 23, 1997 MEETING PAGE 25 Ms. Parker asked the petitioner and/or Mr. Mueller to provide staff with a copy of the recorded document that shows the easement granted when the properties were sold. Chairman Hammelman thanked everyone for commenting. KENAI PENINSULA BOROUGH PLANNING COMMISSION JUNE 23,1997 MEETING PAGE Z6 PLANNING & ZONING COMMISSION Meets Second and Fourth Wednesday - 7:00 p.m. Michael R. Christian 2000 613 Maple Drive Kenai, AK 99611 283-7944 (home) Carl Glick 1998 P.n. Box 528 Kenai, AK 99611 283-7644 (home) 278-1611, ext. 4303 (work) Phil Bryson 1998 P.O. Box 1041 Kenai, AK 99611 283-4428 (home) 283-4672 (work) Teresa Werner-Quade 1999 409 McCollum Drive Kenai, AK 99611 283-5423 (home) Karen J. Mahurin 1999 P.O. Box 1073 Kenai, AK 99611 283-4697 (home) 283-4826 (work) Ron Goecke 1999 P.O. Box 3474 Kenai, AK 99611 283-9436 (home) 283-7070 (work) Barbara A. Nord 2000 690 Sycamore Kenai, AK 99611 283-9678 (home) 262-3958 (work) Ad Hoc: Hal Smalley 105 Linwood Lane Kenai, AK 99611 Telephone: 283-7469 (home) 283-5177 (work) (12/19/96) Contract Secretary: Barbara L. Roper ~ P.O. Box 4234 Soldotna, AK 99669 (262-6577) (6/24/97) lab