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HomeMy WebLinkAbout1997-04-23 p&z packetCITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** ~ KENAI CITY COUNCIL CHAMBERS April 23, 1997 http://www. Kenai net/city 6:00 p.m. WORK SESSION: 1. Review of the Land Use Table a. Work Session Minutes of April 1 1, 1997 b. Land Use Table Draft (with changes from 4/1 1 /97 meeting) 7:00 p.m. REGULARLY SCHEDULED MEETING: 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: April 9, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: ~ Note: Public hearings originally scheduled for this meeting will be heard at the May 14tH meeting. This rescheduling was necessary to comply with KMC 14.20.280. 7. NEW BUSINESS: a. Right of Way Vacation-Kill Deer Court, Highlands Subdivision b. Extension of Construction Schedule-Lot 1, Spur Subdivision, Senior Citizens Addition 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration • Kenai River Comprehensive Plan 1 1. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Kenai River Center Permit 2278 Information b. KPB Administrative Approval-Ridgeview Estates Addition No. 1 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Agenda April 23 revised.doc A PUBLICATION OF THE NATIONAL ANIMAL CONTROL ASSOCIATION /BULK MAIL ADDRESS: 229 S. CHURCH, OLATHE,KS 66061 ~ CITY OF KENAI PLANNING AND ZONING COMMISSION APRIL 1 1, 1997 LAND USE TABLE-WORK SESSION ***MINUTES*** Members present: Carl Glick, Phil Bryson, Barb Nord, Karen Mahurin, Michael Christian Members absent: Ron Goecke, Teresa Werner-Quade Others present: City Engineer Jack La Shot, City Attorney Cary Graves, Administrative Assistant Marilyn Kebschull LAND USE TABLE-DISCUSSION: Bryson suggested reviewing the zoning requirements for each zone and then going through the draft that was sent. Mahurin asked if they are to assume the N's are ordinance mandated. Graves stated there are some that are not ordinance mandated. Graves stated for example, in the conservation zones. Bryson suggested separating the residential dwellings at 2/3 family dwelling and then 4 family dwellings. Christian asked if Bryson was suggesting a separate line for three and four family dwelling? Bryson stated yes and Christian commented that he agreed. Bryson stated that would make the table split where the ordinance does. Agreement to split at 2/3 family dwellings and then another category at 4 family dwellings. Glick asked how the group would tike to proceed with the review. Mahurin stated it is easier for her to deal with one zone before proceeding to another. Bryson asked the group to keep in mind that if a use was potentially considered a CUP and they make it not permitted (N1 that it could be viewed as a taking. Bryson stated he would defer to the attorney on this subject. Graves stated it could be argued as a regulatory taking. Graves stated that in the past to be viewed as a regulatory taking, you must take all economic use of the property. Graves added there are attempts in the legislator now to lessen that standard so any restriction on a property would have to be compensated. Graves advised that when the administration first reviewed the table, they were going to put N's where it showed no use. Graves noted the only other N's added were gas manufacturing and storage noting it is Planning and Zoning Commission Page 2 Land Use Table Work Session Minutes April 1 1, 1997 I obvious you don't want a liquid gas plant in a residential zone. Graves commented that the administration had been very restrictive about placing N's on the idea that it is the Commission's job to weigh whether a particular conditional use is appropriate in a particular instance. Graves noted this was the administration's philosophy when going through the table. Mahurin asked if it is a correct premise if there is a C, in essence P&Z should approve the use unless there is evidence or public outcry to the contrary. Graves stated not in every case. Graves added he feels it perfectly appropriate for instance, if no one shows up for a hearing, if the Commission feels it is not appropriate, it is within the Commission's authority to deny based on the record. Graves noted this is even if the neighbors are not in opposition. Christian commented that at the same time if it is turned down and they appeal it becomes a political decision. Graves noted the council, when hearing appeals, is not acting as political body. They are aquasi- judicial body. Christian commented that political moods can affect decisions. Christian noted he would like to see not too many C's based on the intent of zone. Christian added that a person who doesn't agree with an N can appeal. Graves clarified that an N doesn't allow for an appeal. Graves stated if they decide on the N, there is nothing to apply for and nothing to appeal. Graves noted they would have to change the zone which would require a code change. Graves noted that is why administration put few N's because it eliminates any possibility of allowing the use. Christian questioned if a variance wouldn't allow for the use. Graves advised that variances are not a land use table mechanism instead it is more for land development issues such as side yard setbacks, etc. La Shot commented that the C designation leaves the power with the Commission. La Shot noted that more N's make administrations job easier but that it is probably not appropriate. Glick noted that council will have to approve the revision and may look and decide they don't like all N's. La Shot noted the way the table is presented it gives some latitude where there is a use that could be compatible. Christian noted then that technically before they added the N's there has always been a chance for the use but placing an N does not allow for the use. Graves clarified that is the correct assumption. Glick asked how would the Commission like to proceed. Mahurin recommended taking each zone in total before proceeding to the next. CONSERVATION ZONE: Planning and Zoning Commission Page 3 Land Use Table Work Session Minutes April 1 1, 1997 Discussion on whether or not any development should be allowed in the Conservation zone. Mahurin stated it was her opinion that the conservation zone was for preservation and she didn't feel any housing development was appropriate for the zone. Christian concurred. Bryson stated that there are areas with that zone designation that are private property. Bryson asked if the Commission was prepared to not allow development on private property. Graves stated he felt that if they planed N's all the way down the column that it would be a taking. Graves further explained the takings law again. Christian asked if the land could be rezoned. Graves stated they could do that but if the rezone was denied, then they would have a case. Christian commented he felt at this point the option to rezone would still be available to them. La Shot stated there are several areas where the conservation zone does include private property. Nord stated she believed it would be a taking. Mahurin asked what the concept of conservation is? La Shot stated he has found the boundaries of the zone to be somewhat arbitrary. La Shot stated if he knew the boundaries were clear cut from uplands to wetlands, he wouldn't have a problem. Christian commented that a person looking at the table and seeing all the C's would view the restrictions light on conservation. Christian added that they may think that, "sure it's conservation but you can do anything except commercial businesses with Commission approval." Bryson stated that .perhaps the Conservation zone should be government land only. Bryson noted that the original zoning map was painted and didn't follow property lines and nominally followed topography. Christian suggested a C for private property and N for public. Graves stated he felt that would be appropriate. Commission decided that all the C's under conservation for Residential section be noted with a footnote stating conditional use only allowed on private property. No other changes on first page of draft. On page 2, Conservation, agreement that Churches be denoted as "C." On page 2, Conservation, agreement that Crematories, Lodges/Fraternal Organizations, Nursing/Convalescent/or Rest Homes, Private Clubs, Social Halls, and Union Halls be denoted as "N." No other changes noted. Note to Legal: Correct "exists" to "exits" on Footnote 12, Page 14-69. Planning and Zoning Commission Page 4 Land Use Table Work Session Minutes April 1 1, 1997 RURAL RESIDENTIAL ZONE: Discussion on multi-family dwellings and compatibility with Land Development Table. Decision to change Rural Residential Zone 5/6 Family Dwelling and 7 or more Family Dwelling to "N" to reflect Land Development Table requirements. LAND USE/DEVELOPMENT TABLE DISCUSSION: Christian commented that the RR1 zone is supposed to be more restrictive than the RR zone. Christian stated the implication is that they don't want four family dwellings or more in the zone. Nord agreed. Christian stated he felt the intent was to keep the large size dwellings out of that zone. Nord stated that she felt with the minimum square footage in the development table that it should at least be conditional. Bryson commented that he felt that as you get into the larger lot sizes that five, six, and seven family dwellings become less objectionable as far as impact unless you just don't want them in the RR zone. Christian that since the RS and RR zones are larger lots they are suited for larger size buildings. Christian added that the RR1 and RS1 and RS2 are smaller lots. Nord noted that the RS1 are larger lots. Christian noted that is correct but that it was supposed to be a more restrictive zone and not as congested. Christian stated he felt the blanks were in the Land Use Table because they hadn't wanted something there. Nord noted that when she completes a contract if she doesn't want something, she runs a line through it. Nord drew attention to the Land Development Table and the lines that are in it. Group discussion on how the Land Use Table and Development Table had developed over time and opinions as to how it was interpreted at various times. Bryson noted that RS1, RS2, and RR1 didn't exist at one time. Bryson added that there was a difference between RR and RS. Discussion on the Development Requirements Table. Graves asked La Shot what he would tell someone who requested a CUP for the RR zone (how many square feet)? La Shot noted they would need 40,000 square feet minimum unless they had city water or sewer according to the table. Graves noted the table being blank for five family dwellings in the RR zone. Kebschull drew attention to Footnote C3 . La Shot stated it would require the number of dwelling units times the 7,200 square feet required in the RS Planning and Zoning Commission Page 5 Land Use Table Work Session Minutes April 1 1, 1997 ~ zone. Mahurin noted she felt that they all agreed that the requirements of the Land Development Table should be reflected in the Land Use Table. Christian commented that he wondered if they would need to allow for separate two and three family dwelling categories when they look at the other zones. Bryson stated that the development criteria is noted in the Land Development Table. Christian questioned the table noting it does not specifically list one, two, or three family dwellings. Bryson commented he didn't feel they should start changing the table other than what is interpreted as the original intent. Agreement from the other Commission members. Commission returned to review of the RR residential section. Glick asked if they needed to change the designation for four family dwelling. Bryson noted that the four family dwelling required 40,000 sq. ft. without water and sewer. Glick stated then it would be the five, six, and seven that would need changed. Kebschull asked if Footnote C3 took care of the requirements for development. Glick stated he thought it may cover it. Discussion again that this would require the number of dwellings times 7200 sq. ft. Graves noted this would be less than would be required for a four plex. La Shot asked Graves if he would interpret it as five times the 7200 or if you would go down to the five family dwelling in the table for the RS zone which requires only 10,000 sq. ft. Review and discussion of the Land Use Development table. Graves stated he would interpret it as the five times the 7200 sq. ft. Kebschull noted they could change the footnote to reflect whatever they wanted. Christian commented that it seems appropriate that 40,000 without water or sewer is appropriate in RR, but 9,600 for RS without water and sewer does not seem appropriate. Christian stated he felt that needed to be changed. Christian stated if they changed the Land Development Requirements Table to something more appropriate, then the footnote may fit. La Shot stated that perhaps the footnote needs to be clarified. Christian noted they would probably need a footnote to clarify if it was with or without sewer and water. Kebschull noted they could have two development requirements, one with water and sewer and one without. Glick asked if that would be agreeable with everyone. Glick clarified that Kebschull was recommending an additional footnote. Kebschull commented they could have one listing the requirements for water and sewer and one with square footage requirements without water and sewer. Kebschull noted that Footnote C3 also requires that water and sewer facilities meet all health regulations. Kebschull asked what DEC would require? Discussion on what may be required. Bryson stated he felt that the physical area requirements would not be that much different for the sewer system. Bryson added the same buffer would be required for the well. Bryson noted they could probably satisfy the requirements with 40,000 sq. ft. Kebschull offered the Planning and Zoning Commission Page 6 Land Use Table Work Session Minutes April 11, 1997 suggestion that they could make it conditional where water and sewer is allowed and not allowed where water and sewer not available. Graves noted that water and sewer is required within 200 feet of all mains. Graves asked if there is any place in TSH zone that is not on water and sewer. La Shot stated he thought perhaps in the back behind the church. Christian suggested they have the Land Use Table reflect N's for now and it could be reviewed later. Mahurin stated she agreed that the Table should reflect the Land Use Development requirements. Note, at this point, decided to place the N designation in 5/6 and 7 or more family dwelling categories for the RR zone. Bryson asked for clarification if they were going to make changes on the Land Development Requirements Table. Agreement that they would not make changes at this time. RURAL RESIDENTIAL 1: Decision to place an "N" in the 4, 5/6, and 7 Family Dwelling sections. Christian commented that if they didn't want four, five, six, or seven family dwellings why would they want a townhouse. Mahurin read a portion of the code relating to townhouses. Graves noted that Section 160 is a separate ordinance for townhouses. Christian questioned how they could allow a townhouse when don't allow a four plex in the RR1 zone. Kebschull commented that townhouses are privately owned which may make a difference. Graves noted the code stated that total lot coverage should not cover more than 30 percent of the lot in the RR and RS zones and 40 percent in the RU zone. Bryson asked what the code would require for the remaining zones. Bryson commented it may have been written before those zones were created. Graves stated they could amend the code to include all zones. Bryson asked if that would be reasonable. Graves stated he felt it was consistent noting they will need to have ordinance to clarify. NOTE: Clarify Section 160 by ordinance to include all zones. OTHER CHANGES TO RR1 ZONE: Commercial all N's Planning and Zoning Commission Page 7 Land Use Table Work Session Minutes April 1 1, 1997 Kebschull questioned the footnote under the RR section for restaurants. Agreement that it is unnecessary. Agreement to remove C8 footnote from Restaurants. Industrial all N's. No changes under Public/Institutional. Crematories - N. Radio/TV Transmitters - C. COMMISSION COMMENTS: Discussion on how to proceed with completing the review of the table. Agreed to continue scheduling work sessions until review is complete. Work session scheduled for 6 p.m. on April 23`d prior to regularly scheduled meeting. Mahurin noted she would be unavailable. ADJOURNMENT: Meeting adjourned at approximately 9:10 p.m. Resp ctfully submitted: i~ Marilyn Kebschull Administrative Assistant LAND USE TABLE KEY: P =Principal Pemutted Use NOTE: Reference footnotes C =Conditional Use on following pages for S =Secondary Use additional restrictions. N =Not Permitted Table 1 of 3 ZONING DISTRICTS LAND USES C RR RRl RS RSl RS2 RU CC CG IL IH R TSH RESIDENTIAL One Family Dwelling C18 P P P P P P S St SZ SZ P P Two/Three Family Dwelling C18 P P P P P P S Sl C C P P Four Family Dwelling C18 P N P C C P S S' C C C P Five/Six Family Dwelling C18 N N P C C P S St C C C P Seven or More Family Dwelling C18 N N C' C C P S S' C C C P Townhouses a CtS C C C C C C C C C C C C Mobile Home Parks e N C C C C C C C C C C C N Planned Unit Residential Development' C18 C C C C C C C C C C C C COMI~~RCIAL Automotive Sales N C N C C C C P P P P C N Automotive Service Stations N C N C C C C P P P P C N Banks N C N C C C C P P P C C C Business/Consumer Services N C N C C C C P P P C C C Hotels/Motels N C N C C C C P P P C C P Professional Offices N C N C C C P P P P P C P Restaurants N C N C C C C P P P C C C Retail/Wholesale Business N C N C C C C P P P P C C Theaters/ Commercial Recreation N C N C C C C P P C C P C DRAFT WITH CHANGES OF 4/1 1 /97 WORK SESSION 14-65 CITY OF KENAI LAND USE TABLE KEY: P =Principal Pemritted Use NOTE: Reference footnotes C = Conditional Use on following pages for S =Secondary Use additional restrictions. N =Not Permitted Table 3 of 3 ZONING DISTRICTS LAND USES C RR RRl RS RSl RS2 RU CC CG IL II~ R TSH INDUSTRIAL Airports and Related Uses P C N C C C C P P P P C N Automotive Repair/ Tire Recapping/ Rebuilding N C N C C C C P P P P C N Gas Manufacture/ Storage N N N N N N N N N C' C' N N Manufacturing/ Fabricating/ Assembly/Storage N C N C C C C C P P P C C Warehouses N C N C C C C C P9 P P C C PUBLIC/ INSTI'1'[J'l'IONAL Charitable Institutions C C C C C C P P P p p C p Churches C Pro pro pro pro Pro pro pro pro C C Pr P Clinics C C C C C C C P P P C C C Colleges C C C C C C C P P C C C C Elementary Schools C C C C C C C P P C C C C Governmental Buildings C C C C C C C P P P C C C High Schools C C C C C C C P P C C C C Hospitals C C C C C C C P P P C C C Libraries C C C C C C CrZ P P P C C P Museums C C C C C C C P P P C C P Parks and Recreation P S S S S S S P P S S P P Sanitariums C C C C C C C C C C C C C 1467 CITY OF KENAI LAND USE TABLE KEY: P =Principal Permitted Use NOTE: Reference footnotes C =Conditional Use on following pages for S =Secondary Use additiottal restrictions. N =Not Pemritted Table 3 of 3 ZONING DISTRICTS' LAND USES C RR RRl RS RSl RS2 RU CC CG IL IH R TSH MISCELLANEOUS Animal Boarding r3 C C C C C N N C C C C C N Bed & Breakfasts C C C C C C C C C C C C C Cabin Rentals C C C C C C C P P P C C P Cemeteries C C C C C C C C C C C C C Crematories N C N C C C C C C C C C C Day Care Centers'Z C C C C C C C C C C C C C Dormitories/ Boarding Houses C C C C C C P S' S C P C C Essential Services P P P P P P P P P P P P p Farming/Gardening/ General Agriculture P P P P P P P P P P C P P Greenhouses/Tree Nurseries " C C C C C C C P P P C C C Assemblages's (Large: Circuses, Fairs, etc.) C C C C C C C pts pts pts pis C P Lodges/Fraternal Organizations N C C C C C C P P P C C P Nursing, Convalescent or Rest Homes N C C C C C C P P C C C C Parking, Off-Street P P P P P P P P P P P P P Parking, Public ~~ tz C C C C C C C C C C C C C Private Clubs N C C C C C C P P C C S C Radio/TV Transmitters/ Cell Sites P P C C C C C P P P P S C Recreational Vehicle Parks C C C C C C C C C C C C C Social Halls N C C C C C C P P C C C C Subsurface Ext- raction of Natural Resources t6 C C C C C C C C C C C C N Surface Extraction of Natural Resources t' C C C C C C C C C C C C N Union Halls N C C C C C C P P P C C C 1467 CITY OF KENAI FOOTNOTES (1) Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. (2) One single-family residence per parcel, which is part of the main building. (3) Allowed as a conditional use, subject to satisfying the following conditions: (a) The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; (b) The site square footage in area must be approved by the Commission; (c) Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone; (d) Water and sewer facilities shall meet the requirements of all applicable health regulations; (e) The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; (f) The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; (g) There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; (h) The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; (i) The property adjacent to the proposed dwelling group will not be adversely affected. (4) See "Townhouses" section. (5) See "Mobile Homes" section. (6) Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. (7) See "Planned Unit Residential Development" section. (8) Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. (9) Allowed as a conditional use, provided that all applicable safety and fire 546-11/13/87 14-68 CITY OF KENAI regulations are met. (10) Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. (11) Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. (12) Allowed as a conditional use, provided that the following conditions are met: (a) The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; (b) Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. (13) Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Cornmission shall specify the conditions necessary to fulfill this requirement. (14) Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. (15) Allowed, provided that the following conditions are met: (a) An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. (b) Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. (16) See "Conditional Uses" section. (17) See "Conditional Use Permit for Surface Extraction of Natural Resources" section. (18) Conditional Use allowed only on privately held property. Not allowed on government lands. 546-11/13/87 14-69 CITY OF KENAI } Planning & Zoning Commission ***Minutes*** April 9, 1997 - 7:00 p.m. City Council Chambers Chairman Carl Glick 1. ROLL CALL AND CALL TO ORDER Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord, Karen Mahurin, Michael Christian Members Absent: None Also Present: Councilman Hal Smalley, Councilwoman Linda Swarner, Bob Springer, Contract Secretary Debby Fahnholz 2. APPROVAL OF AGENDA COMMISSIONER GOECKE MOVED TO ACCEPT THE AGENDA. COMMISSIONER MAHURIN SECONDED AND ASKED FOR UNANIMOUS CONSENT. AGENDA WAS APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES Commissioner Christian asked that a correction be made on page 1 of the Work Session Minutes, fourth paragraph from the bottom, correct "the" to "'he' was under the impression" . COMMISSIONER GOECKE MOVED TO ACCEPT THE MINiJTES OF MARCH 26, 1997 WITH CORRECTION AND ASKED FOR UNANIMOUS CONSENT. COMMISSIONER MAHURIN SECONDED. MINUTES WERE APPROVED AS CORRECTED BY UNANIMOUS CONSENT. 4. PERSONS SCHEDULED TO BE HEARD None. Planning and Zoning April 9, 1997 Page 1 5. CONSIDERATION OF PLATS None. 6. PUBLIC HEARINGS A. PZ97-9 -Rezone Application -Buffalo Run Subdivision COMMISSIONER GOECKE MOVED TO APPROVE PZ97-9. MOTION SECONDED BY CHRISTIAN. Francis Bevilancqua introduced herself and stated she owns property across from Karen Subdivision. She stated she had confusion as to where her property was on the map. She was concerned about the public use easement. She stated that there were two easements and wanted to know if the easement was going to be maintained. She asked if Doris Avenue covers the easement and stated that there is occupied property located behind her and the occupants are using the easement and her property for access. Commissioner Glick stated that one easement is a power line easement and the other is a water easement. Commissioner Bryson suggested that she contact the Borough if there are access problems. He stated that this is only a rezoning hearing. He stated that there may be a public easement but it has never been developed. Commissioner Glick stated that the plat was approved at the last meeting and this meeting is only to approve or disapprove the zoning request. Commissioner Mahurin stated that the plat is reviewed at the Borough. Commissioner Bryson stated he thought the plat was coming up for review on Monday. Commissioner Bryson asked Bill Zubeck about the status of the public use easement that cuts through the property. Bill Zubeck stated that it is a water easement. He stated HEA also has a power easement. He stated that the water line easement was vacated years ago and there is no public access. Commissioner Christian asked if Bill Zubeck had considered a RS1 zoning. Bill Zubeck responded that some of the lots have no sewer connection. He stated they will all have city water though. He asked for clarification of the difference between RS and RS1. Commissioner Christian stated it had to do with the size of the lots. Planning and Zoning April 9, 1997 Page 2 - VOTE: ~ BRYSON: YES GOECKE: YES MAHURIN: YES GLICK: YES WERNER-QUADE: YES NORD: YES CHRISTIAN: YES MOTION PASSED UNANIMOUSLY. 7. NEW BUSINESS None. 8. OLD BUSINESS None. 9. CODE ENFORCEMENT ITEMS None. 10. REPORTS a. City Council -Councilman Smalley stated that there was no Council information in the packet. He reported that the Council will begin budget sessions beginning on Thursday. b. Borough Planning -Commissioner Bryson stated there was no meeting and no report. c. Administration -Bob Springer stated there was no report. 11. PERSONS PRESENT NOT SCHEDULED None. 12. INFORMATION ITEMS Referred to items in packet. 13. COMMISSIONER COMMENTS & QUESTIONS Commissioner Nord asked which meeting the Beautification committee should attend for the Planning and Zoning April 9, 1997 Page 3 banner selection. Councilman Smalley suggested that they contact City Manager Ross, but ~ he thought it would be on the second budget session. Commissioner Mahurin stated she will probably not be able to attend the next meeting. Councilman Smalley stated there was a conflict in his schedule and he would attempt to make the Friday meeting, but was doubtful. 14. ADJOURNMENT COMMISSIONER GOECKE MOVED TO ADJOURN. COMMISSIONER MAHURIN SECONDED THE MOTION. The meeting was adjourned at 7:25 p.m. Respectfully submitted, ~~ Debby J. olz Planning and Zoning April 9, 1997 Page 4 ~~ STAFF REPORT To: Planning & Zoning Commission Prepared By: JL/mk Date: 4/15/97 GENERAL INFORMATION Requested Action: Right of Way Vacation Legal Description: Kill Deer Court, Highlands SD, Plat 1542 Kenai Recording District ANALYSIS City Engineer: The petitioners wish to vacate Kill Deer Court for reasons stated on the petition. At this time, the street does not exist and the lots adjacent have platted access via another street (Muskrat Way). This action would also eliminate a building encroachment and unused right of way. An easement may need to be retained as needed by other utilities. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Application 2. Drawings i •• . ' `^~. _. KENAI PENINSULA BOROUGH 144 N. BINKI.EY SOLDOTNA, ALASKA 99669-7599 ~sv'~~ BUSINESS (907) 262-4441 FAX (907)262-1892 MIKE NAVARRE MAYOR March 31, 1997 Marilyn Kebschull City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 996 1 1-7794 aeR 1991 fits .~.~ ~,s.•~`I ~~ ri}~ylty C:::. ~ q .... Re: Petition to vacate public right-of--way Kill Deer Court and associated utility easements, Highlands S/D Plat 1542 Kenai Recording District KPB File 97-067 Attached is copy of petition to vacate, along with the attachments. The public hearing is being scheduled to be heard by The KPB Planning Commission on April 28, 1997. The city will also be receiving a copy of the standard mail-out notification. This is just an advance notice as I am sure the petitioner's did not give you a copy. Thank you, bbie Harris Platting Officer 97-067. VLl THE PENINSULA CLARION KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING _ C ~.• APR 1997 G~r~ ~l;'~r,~i PUBLIC NOTICE IS HEREBY GIVEN THAT A PETITION HAS BEEN RECEIVED TO VACATE A PUBLIC RIGHT- OF-WAY AND UTILITY EASEMENT WITHIN THE CITY OF KENAI. AREA UNDER CONSIDERATION IS DESCRIBED AS FOLLOWS: A. LOCATION AND REQUEST: VACATE THE FULL 60 FOOT WIDTH OF THAT PORTION OF KILLDEER COURT PUBLIC RIGHT-0F-WAY AND ASSOCIATID UTILITY EASEMENTS, LYING BETWEEN BLOCK 4, HIGHLANDS SUBDIVISION (PLAT 1542, KENAI RECORDING DISTRICT) AND THE KENAI SPUR ROAD. WITHIN SECTION 8, TOWNSHIP 5 NORTH, RANGE 10 WEST, SEWARD MERIDIAN, ALASKA IN THE CITY OF KENAI. B. PURPOSE AS STATED IN PETITION: 1) TO CORRECT AN ENCROACI-iMENT MADE DURING BUILDING ADDITION. 2) TO PRESERVE THE GREEN BELT. 3) THE RIGHT-OF-WAY IS UNNECESSARY AND A BURDEN TO THE CITY OF KENAI BY WAY OF MAINTENANCE. C. PETITIONER(Sl: BRIAN ZUFELT OF KENAI, ALASKA AND STEVE L. BOOTH OF SOLDOTNA, ALASKA. PUBLIC HEARING WII.,L BE HELD BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION ON MONDAY, APRIL 28, 1997; COMMENCING AT 7:30 P.M., OR AS SOON THEREAFTER AS BUSINESS PERMITS. MEETING TO BE HELD IN THE BOROUGH ADMINISTRATION BUILDING, SOLDOTNA, ALASKA. ANYONE WISHING TO TESTIFY MAY COME TO THE ABOVE MEETING TO GIVE TESTIMONY; OR MAY SUBMIT A WRITTEN STATEMENT TO THE ATTENTION OF LISA PARKER, OR ROBBIE HARRIS, KENAI PENINSULA BOROUGH PLANNING DEPARTMENT - 144 N. BINKI.EY STREET - SOLDOTNA, ALASKA 99669. WRITTEN TESTIMONY SHOULD BE RECEIVED BY THE PLANNING DEPARTMENT NO LATER THAN WEDNESDAY, APRIL 23, 1997. [COMMENTS MAY ALSO BE SUBMITTED BY FAX TO 907-262-8618] IF THE PLANNING COMMISSION APPROVES THE VACATION, THE KENAI CITY COUNCIL WILL HAVE THIRTY DAYS FROM THAT DECISION IN WHICH THEY MAY VETO THE PLANNING COMMISSION APPROVAL. IF THE PLANNING COMMISSION DENIES THE VACATION, PETITIONERS HAVE EIGHT CALENDAR DAYS IN WHICH THEY MAY FILE A WRITTEN NOTICE OF APPEAL WITH THE CLERK OF THE CITY OF KENAI. FOR ADDITIONAL INFORMATION CONTACT BOBBIE HARRIS OR MAX BEST, RESOURCE PLANNING DEPARTMENT, 262-4441 (1-800-478-4441 TOLL FREE wIT~mv KENAI PENINSULA BOROUGH). BOBBIE HARRIS PLATTING OFFICER PUBLISH 2X (WEDNESDAY APRII. 16 AND 23, 1997) i ~ }r !> ui~ r.. - - - - - - - - - - - - - - - - - - - - - - - - 'r ~.' V Ua z, 'I ..r ~.. ~ ~7S _ .~ ~^~ T _ ~ vo ~. _ ~ ~, \ , \ \ .y ~ "~ ~~~. --~ ~ ~ a0 :Oi O O O ": ~Tr --. ~ v ~ ~ i i ~-. O ~ ~ ~ d `~ ~ ~ ~ ~V" 1 !/ ~ ~ ~ ~ ~ Iii ~ ~~Q1 ,~ ~~ .. `~~~ . ~~ ~-' ~. o 1. _ ~ o ~. Q-~, ~ ~ ._... ~~ ,r O ~ O. a, v ~ d \ ~ ~ e ~T` i t~ ~ O .;~ ~ ~_ ~~ .~~ r.._.. ~~ W 0 Y ~ .~ CaFW Z~uiX ~°z~° ~~Q} d. _ ~ 6t ~_~_ V ~ ~ ~ 2~~Z ~~ ~uo~ ~ ~ 4' ~ ~ W ~. S ~ 0`c m N CC m `~ C _n7x~ .. ~ Qo C' ~ a ~m> N ~ O W ~~ < ° ~~ 0 "' W Y W as i pi a°u ~ >! i o~ p i?~ 3:=•~ ar~ t 0 6F=~;~ o p ow s='9~ i i s Te~3~7 ~ e S C 2 i ~ ' ~~' ~ it r.r Q~ ` ~`~ ~ ~ v s v O ^^ a:; `-' ~ ~ ~:: v ~ n P =~ ~\ l ' ~ Qi' ~+ q; :~ - tIi ( `\\ \~ \_ ~ ~. ~ Y w z J a- F- ~ V W W ~ ~ ~ w c~L~ r Q 7 PETITION TO VACATE PUBLIC RIGHT-OF-WAY/SECTION LINE EASEMENT PUBLIC HEARING REQUIRED UPON RECEIPT OF COMPLETE APPLICATION WITH FEES AND ALL REQUIRED ATTACH- TS; A PUBLIC HEARING BEFORE THE PLANNING COMMISSION WILL BE SCHEDULED. ~~] FEES - S~QO-NON-REFUNDABLE FEE TO HELP DEFRAY COSTS OF ADVERTISING PUBLIC HEARING. ANY REQUIRED PLAT FEES WILL BE IN ADDITION TO VACA- TION FEES. [~ PUBLIC RIGHT-OF-WAY PROPOSED T BE VACATED IS .J'~ /,l/ ~ -P!~ ~~,~ DEDICATED BY PLAT OF /-~i~ ~4 SUBDIVISZON~ FILED AS PLAT N0. -S ~ IN RECOROING DISTRICT. [~] VACATION OF ASSOCIATED UTILITY EASEMENT .~ AR EASEMENTS IN USE 8Y ANY UTILITY COMPANY; IF SO WHICH Drv+er eC ic: - ri me C~b~~ ] EASEMENT FOR PUBLIC ROAD OR RIGHT-OF-WAY AS SET OUT IN SPECIFY TYPE OF DOCUMENTS AS RECORDED IN BOOK PAGE OF THE ~~;nc... RECORDING DISTRICT. COPY OF RECORDED DOCUMENT MUST BE SUBMITTED WITH PETITION ] SECTION LINE EASEMENT ] SUBMIT THREE COPIES OF PLAT OR MAP SHOWING AREA PROPOSED TO BE VACAT- ED. IF RIGHT-OF-WAY OR EASEMENT WAS GRANTED BY DOCUMENT; ONE COPY OF RECORDED DOCUMENT MUST BE SUBMITTED. ,,~~ HAS RIGHT-OF-WAY BEEN FULLY OR PARTIALLY CONSTRUCTED L°1 TES L~]~ NCO IS RIGHT-OF-WAY USED BY VEHICLES/PEDESTRIANS/OTHERS L] YES (~YNO HAS SECTION LINE EASEMENT BEEN CONSTRUCTED N~/~ L] YES ~ NO SECTION LINE EASEMENT BEING USED ~/~/}- I] YES I] NO SHE PETITIONER MUST PROVI E REASONABLE JUSTIFICATION FOR THE VACATION. REASON FOR VACATIN ~ Y'P L 61 y' ~ ~ i0 0 ~ pa r' THE PETITION MUST BE SIGNED WRITTEN SIGNATURES BY OWNERS OF MAJORITY OF THE FRONT FEET OF LAND FRONTING PART OF RIGHT-OF-WAY OR SECTION LINE EASEMENT PROPOSED TO BE VACATED. EACH MUST INCLUDE MAILIN681 ~21~~~ D LEGAL DESCRIPTION OF HIS/HE~ ROPERTY. SUBMITTED BY: SIGNATURE NAME ADDRESS PHONE PETITIONERS: SIGNATURE ~- ~~~ NAME ADDRESS OWNER OF SIGNATURE NAME DDRESS OWNER OF r SIGNATURE NAME ADDRESS y S NCR ~9gi ~ KENAI PE~DBORO c' \~ PI.pNNING DEI'j- ~c~I \6'0~ j '; ~t.`?9bEZ ~~ OWNER OF $IGNATURE NAME ADDRESS OWNER OF Rsv. 06/82 Lvi l /~ * LS 1 ~ ~I I o• /? ~200.pp~ / ~ o" ~ 3p. - EXISTING / ,* ~ 1,' NODE \ 'O / 1e25~B106. SETBACK , ~ I EKCEPTION GRANTED BY KP.6 ~RESpLYT~N eS•6 / STSNEDE / ~ _ ~ ' i ~ti ~ / r / \ ~ ` ` ~ ~ 1 1 LOT 6 /~ / ~ ~ \ 1 (24,008 S. F. ) 1 zT,esT sr \ ~ ) 2S~ BIDa. SETBACK i i~~i = i \ ~ ~ ~ , 1 ~'~ i /- • i /, ~ / HO I$E 20' TAIL ~ ~, 12.0 / 12.0 I ^ ahL / / 0 porch Edge of R/W BUILDING ADDITION ENCROACHMENT LEGENO AND NOTES Found officio) monument. Found 5/8" rebar. • Found I/2~~ rebar. o Set I/2 ~~ rebar. ()Indicates Datum of Record. a Well ~ Septic vent e Power pole Recertified: 11/28/90 .' ''N SCALE 1"= S0~ ~_ t'9. Scott McLane, P.L.S. McLane and Associates PREPARED FOR ~ .tdr. Brian Zufelt c/o National Bank P.O. Box 107025 Anchorage, Alaska ~ ,, ;il of Alask 99510 AS-BUILT SURVEY I hereby certify that I have surveyed the fopowinq dsxribe property: .LOT 6 BLOCK 4 HItiNLAND~ SUBQ located in the KENAi Reeordirq Dietrlct, Aleeke, and That the Improwmente •iluated thereon ore Mifhin the properf1~ Iinee and do nol overlap or encroach on the property Iy1nq odjatent there to,thof no improre- mente on the property lying edjocent thence encroach on the premises in quatlon eed that there ore no roadwoye, trommieebn lines or other rNibie. eo•emente oe seWproperly eawpf oe indicated home. Dogd~ 6/tS/83 e ens eo a oe, ne. Reglefered Land' Swreyore EXCLUSION NOTES If le the reepomibility of th• owner to defermlm the oelefoneo of oe~ eaoomeMe, eorenante,or reefrlefloro trhich do not oppeeran the recorded eubdlrlBlon plat. Under no eireumetonae should any deco Aeroee 0e Deed for eonefrut:tlon or for eefeblbhlnq Ooeedory or fence Knee. FIeN Book Na 9322 CITY OF KENAI ~ b ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~ra~~ra~r '~II~- 1992 o'~ '~' ~~ em ~~ oran um ~~ Date: April 15, 1997 ~•~Q To: Kenai Planning and Zoning Commission From: Kim Howard, Administrative Assistant RE: Extension of Construction Schedule -Lot 1, Spur Subdivision, Senior Citizens Addition Attached is a letter from The Continuum Corporation requesting a one year extension of the construction completion date for the above-referenced leased property. Major construction for an assisted living facility was to be completed by May 31. Also attached is a map showing the location. Does the Planning and Zoning Commission recommend extending the construction completion date, for Lot 1, Spur Subdivision, Senior Citizens Addition, to May 31, 1998? Your recommendation will be forwarded to the City Council for action at their May 7 meeting. Attachments /kh 1 ~ \ / v ~•~ .\ `~ ~ '-~ / , ;, ~o ~ '~,\ - ~ '~ ~~ i ,~, ~ /i~ `. / / ~ ~ 3 'J , J ~~ / f~ ~ ~vS SS o ~L i ~ ~' o °- o ~ ~ y ~ - ~.~ r. Y ~ .rte ,~\ ~ `. ~~ - [fi - ~ RD ``~yy P ~,~ ~, ~~ \ My.t JM~, /mil _(~. i~ ~~ ,\ j~ wj• fvi~j .\ v- ~ :~ . - , O , ~~~ i ,`~+ v / `~ ~_.1 ', c ~ ~ ~ ~. si ~ _ .a, Sow ' ~~ ~_ a 1 ~~ °'~ ' <7Z = ^ /1 ~ 1 ~ o , ~ l,Z~ 1f ~ 1 1 ~- ,r i ;,' i ~~i 11, .\ . V ~ ~~ ~ ~~ ~~ I~ ~ s I F- ~ i! ~~ ~ ~ ~~ ~ ~ ~~.:;~~~ '1 a ~~ ~`~ !; `The Continuum. Corporation . ; REC~IVE® CIT1(ApM6hl. ~F 1(EIVA@ Mayor Jol1n Willianns ~ April l2, 19g~ City Council ~ • Plaruiirlg and Zoning~Cor~amission City of Kenai •. . ~ ' 210 Fidalgo Avenue •• • Suite 200 .Kenai., Alaska 99611 ~ • Re: Lot 1, Spur Subdivision, Senior Citizens Addition Autumn Court Assisted Living Facility, ' Dcar Mayor, Council Members, and Staff, ' Tk~e Continuum Corporation(TCC) requests a one year extension for construction of Autumn Court_ Addi Tonal time is requixed• to meet increased equity requirements. The failure of Homer's assisted living facility prejudiced financial sources against investment in this project., Federal and state programs also denied access to their lending programs. ' TCG and Robbins' Retirement Communities plan an additional cash infusion to satisfy commercial lenders via private placement stock;offering. Extension of the lease provides .time •for completion of this • strategy. Conduit bond lunancing is an ir-tegral•component of this plan. TCC intends to submit a formal request for a City Council sponsored inducement resolution for a•tax-exempt conduit bond when all financial components are in place. . ' We rnust•not lose sight of our original intent:. the care of elderly, who need assistance with life's daily challenges. We are withiua view'of our goal. Grant this extension and Autumn Court will be built. Sxricerely // ~' ~ v John D. Verdugo CEO ~ • I . 380 Senior Court Kenai, Alaska.9961 1 ~ ^ Phone 907=283-6269 FAX 907-283-5848 lD a AGENDA RENAI CITY COIINCIL - REGIILAR MEETING APRIL 16, 1997 7500 P.M. RENAI CITY COIINCIL CHAMBERS http://wvw.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~. S~EDIILED PIIBLIC COI~4iENT (10 Minutes ) 1. Fire Training Canter (PRISM) - a. Bob Reynolds, British Petroleum :-_ b. Maurice Rank, President of Engineer Svs., Inc. (ESI) c. Fran Reinhardt, CEO, ESI d. Terry Haymond, Symtron 2. 1Canai Recreational Ice Rink - Nate Kiel and Kathy Ehrhardt 3. Prisre Air Service, Inc. - Lisa Priewe, President C. PIIBLIC HEARINGS 1. Resolution No. 97-16 - Awarding a Four Year Lease of the Kenai Dock Station No. 2, to Snug Harbor Seafoods, u C, Inc. for the Yearly Base Bid of $15,000 and a Two Year Lease of-the Kenai Dock Station No. 3, to Snug Harbor Seafoods, Inc. for the Yearly Base Bid of $9,000. 2. 1997/98 Liquor License Renenal - Kenai Joe~s - PROTEST / - Beverage Dispensary License ~ ~~(~ ~7/I% D. CCMMIBBION/COZQiITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission Page 1 of 3 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. MINIITES 1. *Reqular Meeting of April 2, 1997 -NOT AVAILABLE- F. CORRESPONDENCE G. OLD BIISINESS H. NEW BIISINESS ~ai~,e, 1. Bills to be Paid, Bills to be Ratified ~ ~ ,~I 2 . Purchase Orders Exceeding $2 , 500 ~~ ~~°"~ ~~" ~ ~ ~ 3. Ordinance No. 1737-97 - Amending the Official City of Kenai Zoning Map for Certain Lands, FBO Subdivision No. 6, Located Within the E1/2 NE1/4 Section 32, T6N, RilW, S.M., City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska. 4. *Ordiaance No. 1738-97 - Increasing Estimated Revenues and Appropriations by $15,180 in the Congregate Housing Enterprise Fund for the Replacement of Thirty-nine windows. 5. *Ordinance No. 1739-97 - Amending the Official City of Kenai Zoning Map for Certain Lands, Buffalo Run Subdivision, a Replat of Tract "A" Swires Subdivision Located Within the NE1/2 SW1/4 Section 35, T6N, R11W, S:M., City of Kenai, Renai Recording District, Kenai Peninsula Borough, Alaska. 6. Discussion - City of Kenai Fuel Supply EBECIITIVE SESSION - Inlet Woods Litigation I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager Page 2 of 3 ~ 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCII88ION 1. Citizens (five minutes) 2. Council R. ADJOIIRNMENT Page 3 of 3 KENAI PENINSULA BOROUGH PLAT COMMITTEE BOROUGH ADMINISTRATION BUILDING PLANNING DEPARTMENT SOLDOTNA, ALASKA April 14, 1997 5:30 P.M. Tentative Agenda Members: Peggy Boscacci Seklovia City Term Expires 1897 John Hammeknan Areawide Term Expires 1899 Ellis Hensley, Jr. Nikiski Terrn Expires 1999 Brent Johnson Kasilof Area Term Expires 1997 Alternates: Philip Bryson Kenai City) Term Expires 1998 Ann Whitmore-Painter Moose Pass Area Tenn Expires 1997 lU~ ~" z,_ ~~ ;l .~y, ~'J ~~d,J L` ~: _, .:~ .,~ `. ._ APR 1997 - City ar f;rnai Pet§fiC ~J='is Ek~~t. A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES 1. Commissioner Excused Absences a. Peggy Boscacci 2. Minutes a. March 24, 1997 D. CONSIDERATION OF PLATS 1. Lake View Terrace #3 Phase 2; Whisper Lake Preliminary; Integrity Surveys KPB File 97-057 2. KSRM S/D No. 4; K Beach Road Revised Preliminary; Integrity Surveys KPB File 97-019 3. Rill River S/D; Kenai River, south of Moose River Preliminary; McLane Consulting Group KPB File 97-059 4. Ar--Ness S/D Part Two; Salamatof Lake Preliminary; McLane Consulting Group KPB File 97-063 5. Scout Lake S/D Part Two; south of Scout Lake Preliminary; McLane Consulting Group KPB File 97-064 ' 6. Original Townsite of Seward Norman Replat Seward City; Preliminary; Johnson Surveying KPB File 97-060 i _~ 7. Exit Glacier S/D; Exit Glacier Road Preliminary; Johnson Surveying ~.'~'z '~,~ KPB File 97-061 8. Ferguson S/D; Exit Glacier Road Preliminary; Johnson Surveying KPB File 97-062 9. Denny's S/D; west of Scout Lake Revised Preliminary; Terry Eastham KPB File 97-045 10. Forest Hills Lookout S/D No. 3 Off Forest Lane; Preliminary Terry Eastham KPB File 97-074 11. Larsen S/D; Ismailof Island Preliminary; Eric P. Fuglestad KPB File 97-065 12. Louie's Lagoon; Homer City Preliminary; Herndon & Thompson KPB File 97-066 13. Baltic Woods S/D; west of McNeil Creek Preliminary; Roger Imhoff KPB File 97-068 14. Bidarka Heights Unit 3 Fogle Addn. Homer City; Preliminary Roger Imhoff KPB File 97-069 15. Lookout Ridge; Ohlson Mountain Road Preliminary; Seabright Surveying KPB File 97-071 16. Lookout Mountain Park; Ohlson Mountain Road Preliminary; Seabright Surveying KPB File 97-072 17. Ninilchik Airpark; Ninilchik Airport Revised Preliminary; Seabright Surveying KPB File 96-043 18. Peterkin S/D; North Kenai Preliminary; Whitford Surveying KPB File 97-009 2 19. Gaede Eighty S/D Addn No. Three Gas Well Road; Preliminary Whitford Surveying KPB File 97-073 E. ADJOURNMENT The next regularly scheduled Plat Committee meeting is April 28, 1997 at 5:30 p.m. in the Planning Department at the Borough Administration Building in Soldotna. KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING ASSEMBLY CHAMBERS SOLDOTNA, ALASKA April 14, 1997 7:30 P.M. Tentative Agenda John Hammelman Chairman Areawide Term Expires 1999 Philip Bryson vice chairman Kenai City Term Expires 1998 Ann Whitmore-Painter Parliamentarian Moose Pass Area Term Expires 1997 Pe99Y G. Boscacci PC Member Seldovia City Term Expires 1997 Wayne Carpenter PC Member Seward City Tenn Expires 1999 Robert Clutts PC Member Anchor Point Term Expires 1998 Wes Coleman PC Member Soldotna City Term Expires 1999 Leroy Gannaway PC Member Homer City Tenn Expires 1998 Ellis Hensley, Jr. PC Member Nikiski Term Expires 1999 Brent Johnson PC Member Kasilof Area Term Expires 1997 Tom Knock PC Member Cooper Landing Term Expires 1998 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA All items on the consent agenda are considered routine and noncontroversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of these items unless a Planning Commissioner or someone from the public 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 will inform the Chairman of your wish to comment. 1. Time Extension Requests a. Schmidt S/D Zehrung Addn. KPB File 96-048 [McLane Consulting Group] b. Bing's Landing S/D KPB File 84-182 [McLane Consulting Group] 2. Plats Granted Administrative Approval 3. Plats Granted Final Approval Under 20.04.070 -None 4. KPBPC Resolutions a. Resolution SN 97-04: Renaming Certain Public Rights-of- way Within Section 34, T4S, R11W; Sections 5 and 6, TSS, R11W; Sections 9, 10, T6S, R13W; Sections 14, T6S, R14W; Seward Meridian, Alaska; Within the Emergency Service Number (ESN) Area 202 as approved March 24 and April 14, 1997 Mike Navarre, Mayor Lisa Parker Planning Director Maria Sweppy Admin. Assistant 5. Coastal Management Program a. Coastal Management Program Consistency Reviews -None b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations 6. Kenai River Habitat Protection (KPB 21.18) -None 7. Commissioner Excused Absences a. Peggy Boscacci b. Bob Clutts 8. Minutes a. March 24, 1997 Plat Committee Minutes b. March 24, 1997 Planning Commission Minutes D. PUBLIC COMMENT AND PRESENTATIONS (Items other than those appearing on the agenda. Limited to three minutes per speaker unless previous arrangements aze made.) E. UNFINISHED BUSINESS 1. Ordinance 97-19: Authorizing the Sale of a Portion of 8,129 Acres of Land Located in the Vicinity of Point Possession to Ritteman and Associates, Inc. F. PUBLIC HEARINGS 1. Rename Existing Streets to Help Implement the Enhanced 9-1-1 Street Naming and Addressing Project within the Kenai Peninsula Borough a. MARMOT CIRCLE (previously SPRUCE CIRCLE), within Morrison Golden Birch Estates (Plat HM 78-51), Section 34, T4S, R11W, S.M., located south of Falls Creek Road, proposed to be renamed MARYBETH CIRCLE. G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None 2 H. SPECIAL CONSIDERATIONS Oskolkoff, Gary KPBPC Resolution 97-13: Granting a platting waiver for certain lands within Section 35, T1S, R12W, Seward Meridian, Alaska; KPB File 97-058 2. An Ordinance Authorizing the Sale of Approximately 10 Acres of Borough Land for $1.00 to the City of Soldotna for a Sedimentation Pond and Associated Storm Drain System Adjacent to the Marydale Storm Sewer Outfall 3. An Ordinance Accepting $10,000 from the Kenai River Sportfishing Association, Inc., to Develop and Maintain a Library at the Kenai River Center 4. An Ordinance Authorizing the Ongoing, Year to Year, Over-the- counter Market Value Sale of Borough Owned Land Within Gray Cliff and Moose Point Subdivisions 5. An Ordinance Authorizing a Competitive Market Value Sale of Twelve (12) Parcels ofBorough Land by Sealed Bid I. CONSIDERATION OF PLATS 1. Nineteen plats are scheduled for review by the Plat Committee. J. KENAI RIVER HABITAT PROTECTION (I~B 21.18) 1. Application for Conditional Use Permit Under Ordinance 96-06 to install two (2) elevated light penetrating (ELP) walkways at less than minimum required height within 50 feet of ordinary high water of the Kenai River on Lot 12, Block 1, Keystone Estates Subdivision Part 1, River Mile 23.8 right bank (KPB Parcel No. 060-400-17): Bower, KPBPC Resol..~tion 97-14 K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS L. OTHER/NEW BUSINESS Planning Director's Decision; 21.13.160 Prior Existing Use a) Hope/Sunrise/Turnagain; Section 15, T8N, R1W, Seward Meridian; KPB Parcel No. 03 S 15004; Kiewit Pacific Company M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. ADJOI:fRNMENT WORK SESSION Material Site Working Group. A work session is scheduled for 5:30 to 7:00 p.m. Monday, April 14, 1997 to be held in the Assembly Chambers in the Borough Administration Building in Soldotna. The topic is KPB Chapter 21.13, Conditional Land Use Permits for Sand, Gravel or Material Sites. Contractors, engineers and other interested parties are welcome to attend. PLAT COMMITTEE The Plat Committee will meet April 14, 1997 at 5:30 p.m. in the Planning Department of the Borough Administration Building in Soldotna. FUTURE MEETINGS WORK SESSION Material Site Working Group. A work session is scheduled for 5:30 to 7:00 p.m. Monday, Apri128, 1997 to be held in Conference Rooms A&B in the Borough Administration Building in Soldotna. The topic is KPB Chapter 21.13, Conditional Land Use Permits for Sand, Gravel or Material Sites. Contractors, engineers and other interested parties are welcome to attend. PLAT COMMITTEE The Plat Committee will meet Apri128, 1997 at 5:30 p.m. in the Planning Department of the Borough Administration Building in Soldotna. PLANNING COMMISSION The next regularly scheduled Planning Commission meeting is Apri128, 1997 at 7:30 p.m. in the Assembly Chambers at the Borough Administration Building in Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED Seward Planning Commission February 5, 1997 Minutes 2. AML Legislative Bulletin #20-5, March 28, 1997 3. Cooper Landing Advisory Planning Commission Apri19, 1997 Agenda 4. Apri13, 1997 Kachemak Bay Advisory Planning Commission Meeting Summary 5. Apri14, 1997 letter from Kachemak Bay Advisory Planning Commission Regarding East End Road Reconstruction 6. CCRC Task Force Report to the Assembly Please visit our web site at www.borough.kenai.ak.us/Planning.htm e-mail address: planning@borough.kenai.ak.us OTHER MEETINGS Anchor Point Advisory Planning Commission April 1 Moose Pass Advisory Planning Commission Apri12 Kachemak Bay Advisory Planning Commission Apri13 Funny River Advisory Planning Commission Apri17 KPB Assembly App g Cooper Landing Advisory Planning Commission Apri19 Kachemak Bay Advisory Planning Commission April 17 KPB Assembly Apri122 i a~, ~,~ / I • V ~ ~ \~ sd~ ., ~I V}(/'~ -~. APR 1991 r - _ . , `•. ~~~_- Civil Works Branch 1. ,r'' ^ ^ ~~ ~,~~y ~~ ~ Public Nonce ,.., .'.. Alaska District Date April 9,1997 Identification No. ER 97-15 U.S. Army Corps of Engineers Please refer to the identification number when replying. Corps Considering Navigation Improvements on Lower Kenai River The Corps of Engineers has begun a reconnaissance study of navigation improvements on the lower Kenai River, in response to public concerns over congestion of boats, hazardous navigation conditions, and impacts of present navigation practices on the marine environment: Concerns about bank erosion near the .city of Kenai «zll also be addressed. The study is being conducted under the authority- of a U.S. House Committee on Public Works resolution dated December 2. 1970, for studies of the rivers and harbors of Alaska. The geographic scope of the study will extend from Cook Inlet to the limit of commercial navigation ,about 4 miles upstream from the mouth of the river. The study will evaluate prospective navigation improvements, such as deepening channels to aid access to moorings, and erosion control measures. The Corps will also consider means of mitigating the effects of present boating practices. including marsh creation and construction of shelters for migrating juvenile fish. Suggestions and comments from the public and government agencies received b~• IV1av 2, 1997. will get a specific response in the study report. The following Corps specialists may be contacted: Name Responsibility Telephone Fax E-mail Orson Smith Stud~• Ensineer 907-753-26,2 907-753-262 Orson.P.Smith!a'poa0l.usace.anm~.mi1 Richard Geiser Economist 907-75 ~-2619 (sartle) Richard.M.Geiser'd~poa0l.usaee.arm~•.mil Jolui Bums Biolosist 907-753-'_6-41 (g~e~ John.A.Burns aipoa0l.usace.armc.mi! All three receive mail at Civil Works Branch. U.S. Army Corps of Engineers, P.O. Box 898. Anchorage. AK 9906-0898. (end) r RECEIVED ' ~~, 'APR 11 199] ~CENTERE~ ~~ ~2 ~ ,• `~^~. KEIVAI PEIV1111SULA BOROUGH 144 N. BINKLEY • SOLDOTNA, ALASKA • 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 ADMINISTRATIVE APPROVAL Subdivision: Ridgeview Estates Addition No. 1 KPB File 96-244 MIKE NAVARRE MAYOR The Kenai Peninsula Borough Planning Commission has reviewed the above subdivision'plat. Administrative Approval has been granted by the undersigned on April 7, 1997. The time limit for fili-lg the plat with the District Recorder will expire one year from approval date. ~)ci.c: ~ F.f Mary To( Acting Platting Officer NOTARY ACKNOWLEDGEMENT: Subscribed and sworn before me this _~ day of 1997. Notary Public for State of Alas a My Commission Expires: I -) b-`1 ~ N(yTARY !'USl.IC STATE OF ALASKA MARlA E. SWEPPY SURVEY FIRM HAS BEEN ADVISED OF ADDITIONAL REQUIREMENTS, IF ANY, TO BE COMPLIED WITH PRIOR TO FILING PLAT WITH DISTRICT RECORDER. N ~ ~~ o !~ ~~ ~ ~ ~ y~ ~~sb~ 6ti~ti Zt - L£~~ i r 210 FIDALGO, SUITE 200, KENAI, AK 99669-7794 (907) 283-7933 D To: Sue From: Marilyn Kebschull Fax: 283-3299 Pages: 1 Phone: 283-7551 Date: April 18, 1997 Re: ADVERTISEMENT CC: FILE ^ Urgent ^ For Review ^ Please Comment Please Reply ^ Please Recycle • Comments: Please publish the following advertisement on Monday, April 21, 1997. This will be charged against the open Purchase Order you have. Thanks. ~. }, April 18, 1997 CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** KENAI CITY COUNCIL CHAMBERS April 23,1997 http://www.Kenai.net/city 6:00 p.m. Work Session: Review of the Land Use Table Regularly Scheduled Meeting 7:00 p.m. 1. CONSIDERATION OF PLATS: 2. PUBLIC HEARINGS: Note: Public Hearings originally scheduled for this meeting will be hard at the May 14"' meeting. This rescheduling was necessary to comply with KMC 14.20.280. 3. NEW BUSINESS: a. Right of Way Vacation-Kill Deer Court, Highlands Subdivision b. Extension of Construction Schedule-Lot 1, Spur Subdivision, Senior Citizens Addition 4. OLD BUSINESS: The public is invited to attend and participate. For further information call 283-7933. Marilyn Kebschull Administrative Assistant Publish: April 21, 1997 • Page 2 T ~ ~ ~ -~, c~ ~. ~~ `~~' ~? ~ ~ ~ ' ' ~_ ~~ J ' ~ OC - ~ V W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -~ ~ W V ~_ Z ' Z W I- a r, ~ ~ , ~ ~ ~ ~ ~ ~ ~ ti V / '^ V/ G ~` ~ V / O _ v - N otf Z ~ s r~ ~, , ~ ~ ~ ~ ~~ ~~~ t _ Z Z J ~ w W ( ~ ~ ~ - cn W W °a a ~ z Z ¢ F=- ~ z i ~ .~ w ~ a ~ Q O ~_ J Z O ~ ~ w Y w ~ ~ ~ ~ 2 ~ w a. 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