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HomeMy WebLinkAbout1999-02-10 p&z packetCITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS February 10,1999 - 7:00 p.m. http a/www. c i. ke n a i. ak. u s 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: January z7, 1999 d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. SCHEDULED PUBLIC COMMENT: 3. CONSIDERATION OF PLATS: 4. PUBLIC HEARINGS: 5. NEW BUSINESS: 6. OLD BUSINESS: 7. CODE ENFORCEMENT: 8. REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: a. KPB Administrative approval NealSand Subdivision b. KPB extension for Original Townsite of Kenai Rainbow Addition c. "Planning Commissioner's Corner" from Jan.IFeb. 1999 "Western Planner" d. Planning Commission Raster e. ADOT&PF 1~ lyer 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: AMENDED AGENDA CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS January 27,1999 - 7:00 p.m. htt :1/www.ci.kenai.ak.us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: January 13, 199 d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. SCHEDULED PUBLIC COMMENT: 3. CONSIDERATION OF PLATS: 4. PUBLIC HEARINGS: a, PZ99-O1--Conditional Use Permit--Charitable Institution and Governmental Building for the property described as KN T06N R11 W S33, that portion of the W 112 SW 114 SE 114 lying South of Kenai Spur Road (9711 and 9775 Kenai Spur Highway}. Site proposed for the Challenger Learning Center and Multi-Purpose Facility. Application submitted by City of Kenai, 210 Fidalgo, Suite 200, Kenai, Alaska. 5. NEW BUSINESS: a. 99-03--Landscape/Site Plan Review--Lot 4, Block i, Gusty Subdivision, Add. No. 1, 11536 Kenai Spur Highway, Kenai, Alaska. Application submitted by Zecee Crow, Crow's Construction and Development, 1006 Craw Court, Kenai, Alaska. b. Right-of--Way & Easement Vacation--Lots 3 & 4, Shaginoff Subdivision, 5584 & 5616 Kenai Spur Highway, Kenai, Alaska. Application submitted by Roy Whitford, P.O. Box 4032, Soldotna, Alaska. Property owned by DeWayne J. Benton, P.O. Box 2646, Kenai, Alaska. 6. OLD BUSINESS: a. Annual Reports -Gravel Pits -Discussion 7. CODE ENFORCEMENT: $. REPORTS: a. City Council b. Borough Planning c. Administration 4. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: Planning & Zoning Commission Agenda Page 2 January 27, 1999 a. KPB Administrative approval Original Townsite of Kenai Laddville Replat No. 3 b. 1998 Planning & Zoning Commission Yearly Report c. KFB Plat Committee action of 1111199 d. Letter dated 1118/99 to Ron Goecke e. Ordinance No. 1804-99 f. "Zoning Bulletin" -January 10, 1999 11. COMMISSION COMMENTS & QUESTIONS: 12. AD.IOURNMENT: REGULAR MEETING OF THE CITY OF KENAI PLANNING 8a ZONING COMMISSION JANUARY 27, 1999 - 7:00 P.M. KENAI CITY HALL CHAIRMAN CARL GLICK, PRESIDING *** MINUTES *** 1. CALL TO ORDER Chairman Glick called the meeting to order at 7:00 p.m. a. Roll Call Members Present: Ron Goecke, Barb Nord, Donald Ervvin, Phil Bryson, Carl Glick Robert Newbry arrived at 7:02 p.m. Members Absent: None Also Present: Councilman Duane Bannock, Adnninistrative Assis- tant Marilyn. Kebschull, Contract Secretary Victoria Askin b. Agenda Approval GOECKE MOVED TO APPROVE THE AGENDA WITH INCLUSION OF HANDOUTS PRESENTED AT MEETING AND ASKED FOR UNANIMOUS CONSENfi. BRYSON SECONDED. AGENDA WAS UNANIMOUSLY APPROVED AS PRESENTED. c. Approval of Minutes: January 13, 1998 GOECKE MOVED TO APPROVE THE MINUTES OF THE MEETING OF JANUARY 13, 1998 AND ASKED FOR UNANIMOUS CONSENT. ERWIN SECONDED. MINUTES WERE UNANIMOUSLY APPROVED AS PRESENTED. 2. SCHEDULED PUBLIC COMMENT -None 3. CONSIDERATION OF PLATS -None 4. PUBLIC HEARINGS a. PZ99-O1-Conditional Use Permit-Charitable Institution and Government Building for the Property Described as KN T06N R11W 533, That Portion of the W ~/~ S ~4 SE ~4 Lying South of Planning & Zoning Commission January 27, 1.999 Page 1 Kenai Spur Road (9711 and 9775 Kenai Spur Highway). Site Proposed for the Challenger Learning Center and Multi- purpose Facility. Application Submitted by City of Kenai, 210 Fidalgo, Suite 200, Kenai, Alaska. NORD MOVED TO APPROVE PZ99-O1, CONDITIONAL USE PERMIT. GOECKE SECONDED. Discussion Glick opened the floor to public hearing. Rick Ross, Kenai City Manager, stated he was at the meeting to answer questions regarding the property. He continued, the parcel was located working in conjunction with the Borough and School District and determined to be the ideal location for the Challenger Learning Center as well as athree-sided, covered, outdoor recreational facility. The parties involved don't see the piece of property ever being developed as residential property or for commercial purposes. Facilities are co-located with educational facilities with ingress and egress. Cooperative agreements are in place with the school for the use of ingress and egress of the parking facilities. It is felt at this time the parking facilities are adequate for anticipated use. If there is to be expanded use of the facilities, the City is prepared to work with the State in putting in signals to expedite the flow of traffic. Glick asked if not adding further ingress/egress is adequate. Ross responded affirmatively, further stating he didn't think the Challenger will add a lot in the way of traffic because it will be used primarily during the school day, with perhaps one or two buses. Increased need may present itself if there is another major high school event scheduled at the same time, such as a hockey game. This is something the City will monitor. Based upon anticipated uses and hours of use, the City doesn't foresee a problem at this time. Debbie Sonberg, 410 Cinderella, Kenai, Alaska -Stated she feels a tremendous amount of thought has gone into the planning of the facilities. These are the types of facilities she had hoped would go in that area, something very educational and community oriented. She is pleased to see the existing tree buffers will remain. She feels monitoring the traffic and possibly putting in a traffic light if it becomes hazardous, is a good idea. Sonberg stated she lives in the neighborhood across from the high school and approved of it being in her neighborhood. She expressed her appreciation for all the effort that has gone into the project. Planning 8v Zoning Commission January 27, 1999 Page 2 Kebschull noted the recommendation that a Landscape Site Plan be required. Normally it would not be required in a residential zone but because it will be a commercial type development, she believes the Commission should have the opportunity to review a site plan. Glick went on to state the Commission had received a letter from Nathan Kiel requesting it be read into the record because he couldn't be in attendance. The letter stated: "I am writing to urge you to issue aconditional-use permit for the property adjacent to Kenai Central High School and Rogers Road. As a thirty-year resident of Kenai and immediate resident of the neighborhood in question I am concerned that our city take a conservative approach to development. I can assure you that this property will be developed in a positive and responsible manner, I live approximately one city block from the property in question. I have visited with several neighbors in the Rogers Road area and feel confident this project has their support. As a teacher at Kenai Central High School, I can attest that the majority of faculty and students are strongly supportive of said facility. As a parent I lack forward to the numerous opportunities this facility will offer our children and community. The request before you this evening is a culmination of efforts by local residents and city officials to secure the aforementioned parcel for the purpose of a multi-use recreational facility. The benefits of this facility have been well documented at City Council meetings and in press releases. Over twenty user groups have expressed support of the project. As a member of the Site Planning and Facility Design team, I can assure you that every effort was made to find the ideal site for this facility without causing a negative impact on residential areas. This indeed is the perfect location for such a facility. Thank you for your time and consideration." Bryson noted for the record he would be abstaining from the vote because of involvement in the civil engineering of bath projects. VOTE NORD Yes BRYSON Abstained ERWIN Yes NEWBRY Yes GOECKE Yes GLICK Yes MOTION PASSED. Planning & Zoning Commission January 27, 1999 Page 3 5. NEW BUSINESS a. 99-03-Landscape/Site Plan Review-Lot 4, Block 1, Gusty Subdivision, Add. No. 1, Kenai Spur Highway, Kenai, Alaska. Application Submitted by Zecee Crow, Crow's Construction and Development, 100b Crow Court, Kenai, Alaska. GOECKE MOVED TO APPROVE RESOLUTION NO. 99-03, LANDSCAPE/SITE PLAN REVIEW, LOT 4, BLOCK 1, GUSTY SUBDIVISION, ADD. NO. 1. BRYSON SECONDED. Discussion Kebschull noted the artists' rendition is not accurate as the trees at the back of the building are not currently there. The vacant lot is cleared at this time. Bryson understood this rendition was for conceptual approval. Glick answered affirmatively, this rendition was presented to the City Council to obtain the lease. VOTE ERWIN Yes NEWBRY Yes GOECKE Yes BRYSON Yes NORD Yes GLICK Yes MOTION PASSED. b. Right-of--Way & Easement Vacation -Lots 3 & 4, Shaginoff Subdivision, 5584 8s 5616 Kenai Spur Highway, Kenai, Alaska. Application Submitted by Roy Whitford, P.O. Box 4032, Soldotna, Alaska. Property Owned by DeWayne J. Benton, P.O. Box 2646, Kenai, Alaska. GOECKE MOVED TO APPROVE THE RIGHT-OF-WAY EASEMENT VACATION. ERWIN SECONDED. Discussion Bryson clarified the motion was to approve the right-of--way vacation and was separate from the walkway, he expressed his preference to address them separately. Goecke stated he moved only to approve the right-of--way and would probably have moved for both had he thought it through. Planning & Zoning Commission January 27, 1999 Page 4 However, since Bryson had noted his preference to separate them, he asked for concurrence from the second and it was left as the right-of--way only. Glick clarified the Commission was discussing the right-of-way vacation only. Bryson noted he felt the right-of--way vacation was appropriate. VOTE NEWBRY Yes BRYSON Yes GOECKE Yes NORD Yes NEWBRY Yes CLICK Yes MOTION PASSED BRYSON MOVED FOR APPROVAL OF THE EASEMENT VACATION. GOECKE SECONDED. Discussion Bryson noted there is probably not a walkway utilized through that area and for pedestrians, from the point the easement leaves Phillips Drive, there is a 2,000' walk to get to the highway rather than 500'. Even though it's not constructed and not supposed to be constructed, he asked the Commission to keep in mind it is an easement and not aright-of--way and it should remain. Glick stated it appears to follow through on the other side of Phillips Drive, back to the other property. Goecke stated the problem he had with not vacating the easement is if there is an easement through that property, the landowner is responsible at this time of the year to make sure it is open to get through. He added, a case in point would be the owner of the commercial property cleaned everything out up to the road and now has to keep the road open even though he no longer utilizes the commercial property in order to give others an opening through his property to get to the property behind him. Goecke stated he would vote in favor of this vacation based on that premise. Nord asked for clarification if the 40' frontage road is vacated, would it eliminate the walkway 40' from the Kenai Spur. Planning & Zoning Commission January 27, 1999 Page S ~1ack La Shat suggested if the 40' frontage road were to be vacated and the 10' easement retained, that it be extended to the Kenai Spur. Glick clarified since the walkway has not been built, there is just an easement there and it doesn't have to be kept clear unless a walkway is built. La Shat stated he wasn't sure the property owner had the respon- sibility to plow snow but did have the responsibility to keep the area clear of structures, etc. Glick asked for an amendment to the motion to extend the ease- ment to the Kenai Spur Highway. Bryson proposed to vote an the motion and if it failed he would then introduce a new motion. Erwin noted his being in favor of keeping walkway easements as they allow a way for young people to get back and forth. The easement makes it easier for people in the back rows to walk to either the highway or other access. He added, he wanted to see foot traffic encouraged, not blocked. Goecke stated his concern whether or nat the 10' easement is being used because it if is not plowed, there is a berm, which means the people are going to be coming out of their regular driveways because they are plowed. He stated he would still vote to vacate because he didn`t feel the easement was necessary at this point. VOTE BRYSON No ERWIN No GOECKE Yes NEWBRY Yes NORD Yes GLICK No MOTION FAILED. BRYSON MOVED THE 10' WALKWAY EASEMENT EXTEND TO THE KENAI SPUR HIGHWAY IF THE RIGHT-OF-WAY IS VACATED BY COUNCIL. NORD SECONDED. VOTE GOECKE No NEWBRY Yes NORD Yes BRYSON Yes ERWIN Yes GLICK Yes MOTION PASSED. Planning 8v Zoning Commission January 27, 1999 Page 6 6. OLD BUSINESS a. Annual Reports -Gravel Pits -Discussion Kebschull stated the staff had provided the Commission with a map that depicts the gravel pits currently in operation by permit with the City of Kenai. Aiso shown is the Cone property which was in grandfather status; he does not have a gravel pit permit. In addition, the City is trying to clarify if the Beaver Loop Partnership is an operational pit. Site visits have been conducted and a iot of information accumulated. Pit owners have been contacted and asked to respond to some of the City's concerns. Ross reiterated information Kebschull related and stated he would like to receive insights from members who had been involved with the gravel pit issue, particularly regarding buffers. He stated he was not asking for pre judgment on anything, just insights on what issues and concerns had been presented in the past, both from their point of view and from citizenry. Ross went on to designate the Krogseng to State DNR and up to Zubeck Pits as rear buffers. The buffers between the pits are designated side buffers. Front buffers are those that join any- thing but the City of Kenai or other property and are intended to be marked to assure their compliance and enforce compliance. Rear buffers adjoin City property. Ross added, the City believes there are some encroachments of that buffer. The City needs gravel but doesn't believe they will be able to access or develop this area for gravel. He would like to look at the rear buffer, come behind the property line approximately 200' and make it available for buffer and sloping to the privately operated pits. The pit owners could now operate up to their existing property line, and purchase buffer from the City of Kenai. One issue not yet resolved is this proposal involves a section line on both sides of the properties, as well as other issues. Ross asked the Commission for information in their dealings regarding buffers. Another issue to possibly be brought before the Commission is the side buffers between pits. Right now, a 150' buffer is required to be maintained with 2-to-1 sloping between the pits. Eventually, when reclaimed in that area, reclamation will probably be ponds, lakes, etc. There have already been some encroachments on the side buffers on the Krogseng property. From the City's perspective, the question has been raised regarding the need for side buffers between pits, i.e., if pit Planning & Zoning Commission January 27, 1999 Page 7 operators come to agreement between themselves, what would be '~ the ramifications if they were allowed to work the property line into one continuous pit. If no cooperative agreement exists between the owners, then sloping would occur. Ross' questions are: Why do we have side buffers? What has tes- timony been in the past? What issues and concerns can he expect to hear from the Commission as well as from citizens? He asked the same questions regarding the rear buffers as well. Goecke related the most important issue he had heard in the tes- timony was about the setbacks on the front side. No one has expressed concern about the back side. He personally stated he felt elimination of the side buffers was a good idea. The biggest concern citizens living on Beaver Loop have expressed is truck traffic. He thinks Foster has allowed Krogseng to use his driveway rather than put in an. additional driveway to Beaver Loop. As long as the two pit operators can get along, he believes it's a good idea. He feels with very little work Doyle could came out of Foster's driveway as well. He added, he feels the Beaver Loop right-of--way should be cleared back further than it is because of the moose and caribou. Glick related he remembers before he was on the Commission there was work setting up the buffer zones. In most cases the gravel pits weren't side by side, but there were a few scattered ones and that was when the buffer zones were established. He added, he recalled there being a side buffer already gone between two owners and didn't recall there being a problem. Personally, he had no problem with side buffers, but they should be retained where there is adjoining property that isn't a gravel pit. Bryson stated he remembered the side buffer that was eliminated was agreed to by the two parties. He added, he felt side buffers could be eliminated and be administratively approved. He noted, he was not in favor of eliminating front buffers. Glick stated he felt setbacks should be established from Beaver Loop Road and most public comment had reflected that concern as they help to screen out noise, dust and sight of the pits. Erwin agreed with Glick's comments regarding the noise and dust and establishing front setbacks. Nord expressed not being in favor of eliminating the side buffers but if there was a cooperative agreement between the two pit owners, then it wouldn't seem to be a problem. If such an agreement were filed, it could be handled administratively and not Planning & Zoning Commission January 27, 1999 Page 8 be in violation. Testimony she has heard had been concern regarding the noise, dust and traffic from the area. She added, she felt she would like to see the front setbacks maintained and if the City could acquire gravel through an agreement with the property owners for land and sloping, it would be a good deal. Newbry stated he lives off Beaver Loop and expressed his agree- ment with Nord regarding the noise, dust and traffic issues. Ross stated, he believed all the buffers were required by code so a change of code would eventually be needed. He asked if there had been any testimony in the past regarding the rear of the pits, either from adjoining property owners or ones who could observe the pits from higher elevations. Glick and Bryson stated they didn't recall any concerns in the past. Bryson asked if there had been encroachments onto private property. Ross answered he didn't know because they were using aerial photography to review and didn't have any marking of buffers at this time. He added, if a program could be put together, one of the things the City would want is clear, delineated property lines so front buffers could be maintained and enforced and if rear buffer problems were approved for this type of resolution, which works to the advantage of the City for gravel, then it could be enforced. 7. CODE ENFORCEMENT 8. REPORTS a. City Council Duane Bannock directed the Commission to the Agenda of the City Council January 20 meeting. He addressed the highlights: Wm. Nelson & Associates presented a proposal for the Cunningham Park improvement to be funded primarily by the Kenai River Classic up to $100,000. There was considerable debate regarding the boat launch proposed. Majority of the Council felt it was not in the best interest of Cunningham Park and a proposal had gone back to Nelson 8~ Associates to tailor the ramp down to perhaps a "hand launch," i.e., rubber raft, canoe, etc. Council felt by putting in a first-class boat launch it would completely change the flavor of what Cunningham Park was intended for and its present use. Ordinance No. 1809-99 -Beginning the middle of February, anyone applying to the Planning & Zoning Commission on an Planning 8~ Zoning Commission January 27, 1999 Page 9 issue requiring public hearing will have to have the subject property posted. There was some debate as to the size of the sign, with consensus it be the same size as a real estate sign. Bannock stated he will ask for review of this ordinance in one year to see if it has been successful. Resolution No. 99-3 -- The Council feels the new term "Optimum Yield" is not in the City's best interest for a healthy Kenai River salmon run. Ordinance No. 181,0-99 -This came from Planning and Zoning regarding City owned property located in Soldotna deemed not required for Public Use. Tt was on the Consent Agenda and will comae up at the next scheduled Council meeting. Item H-4 -Renewal of the Health and Social Services Lease - This will hopefully be the last lease passed because by the time this lease is up, the Public Health Clinic should have their own building in the City of Kenai. Iteyn H-6 -Anew ATM machine will be going in at the Kenai Airport. Cast will be $2.00 to use it. item H-7 -Discussion regarding a Future Economic Outlook Forum. A couple of years ago, aone-day Economic Forum was held. The Council is looking at expanding on that and having another one this spring. January 26, 1999 Special Council Meeting -- The Council met on January 26 in a special meeting to interview the six remaining council candidates running for appointment to the Kenai City Council. Council will be making that appointment at the next regularly scheduled meeting of February 3rd with the new member being sworn in on February 17. Bannock related he would not be at the next scheduled Planning & Zoning meeting. He added, he was not aware of who the Planning 8~ Zoning liaison to the Council will be. b. Borough Planning Bryson stated the Borough Planning meeting was held January 2Ca at City Council Chambers in Homer. There was a request to vacate a portion of Bay Ridge Road bounded to Emerald Highland Estates. This was carried forward from approximately a year ago. After testimony was taken, the request to vacate was denied. This involved two adjacent lots wanting to vacate the entire right-of- way and create a cul-de-sac situation. Planning 8s Zoning Commission January 27, 1999 Page 10 A public hearing was held on Ordinance 9833 repealing KPB 21.13. This has the potential of coming before the Assembly at its next meeting. There were several recommendations from both public and the Planning Commission. They will go the Assembly in an advisory manner and a substitute ordinance has been proposed. Item E-3, a utility easement vacation was denied upon recom- mendation of the Borough staff. Item E-4, a public hearing to vacate the 33' wide roadway and utility easement of Marysville Too Subdivision was postponed by request of the petitioner. That portion was opened to the public and additional testimony was taken. Public Hearing items included a new petition to vacate a portion of Ptarmigan Heights Drive right-of--way. This was postponed by request of the staff in order to collect additional information. Vacation of a 66' section line easement of Sections 12 and 13, Township 6 South, Range 14 West was proposed to be worked out between a group that wished to maintain a ski trail through that area as it is across private property but is a section Iine easement. There will be some negotiation taking place. A proposal was presented to name an unnamed private road "Taxidermy Road." There was protest and the issue will go to staff to be worked out with the petitioner and protester. Hopefully, something compatible for all three groups will be developed. Item F.4 - a land use permit application to operate a gravel site in the Homer area, was rescheduled. Item F.5 -naming two unnamed bays near Halibut Cove, near Ismailof Island to Rosie's Bight and Rusty's Lagoon, was approved. Bryson added, the remainder of the agenda was not addressed because it was after midnight. c. Administration Kebschull drew attention to the yearly report that was provided. If there any question, direct them to her and she will provide any additional information. Planning 8v Zoning Commission January 27, 1999 Page 11 9. PERSONS PRESENT NOT SCHEDULED Bill Popp briefly addressed the Commission, thanking them for the positive vote on the permit for the Challenger Learning Center site and the multi-use ice rink. He noted, this is an exciting project and they are moving along at a rapid pace on design and development and look forward to beginning construction in the very near future. 10. INFORMATION ITEMS a. KPB Administrative approval Original Townsite of Kenai Laddville Replat No. 3 b. 1998 Planning & Zoning Commission Yearly Report c. KPB Plat Committee action of 1 / 11 / 99 d. Latter dated 1/18/99 to Ron Goecke e. Ordinance No. 1809-99 f. "Zoning bulletin" -January 10, 1999 g. Letter from Nathan Kiel h. Map of existing gravel pits in Beaver Loop area i. Information on Planning Commissioner Training Seminar 11. COMMISSIONERS' COMMENTS /QUESTIONS Commissioner Glick asked Kebschull if wanted names of commissioners interested in attending the Planning Commissioners Seminar referred to in the handout they received. Kebschull answered it was for informational purposes as the City does not fund training far Planning Commissioners but thought some of the Commission may be interested in attending on their own. Commissioner Nord thanked Kebschull for providing information on the Seminar. 12. GOECKE MOVED TO ADJOURN. MEETING ADJOURNED AT 8:00 P.M. Respectfully submitted, Victoria Askin Contract Secretary Planning & Zoning Commission January 27, 1999 Page 12 OR AGENDA KENAI CITY COUNCIL -REGULAR MEETING FEBRUARY 3, 1999 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with arz 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. ITEM B: SCHEDULED PUBLIC COMMENTS { 10 minutes) ITEM C• PUBLIC HEARINGS ~~~/ ~. 1. Ordinance No. 1810-99 -- Finding That Certain City-Owned Land, Described as Lot 1-B, Block 2, Pavilion Subdivision, is Not Required for a Public Purpose. 2. Resolution No. 99-5 -- Transferring $35,822.15 to the '98 Water System Improvement Capital Project Fund. 3. Resolution No. 99-b -- Awarding a Professional Services Contract for Engineering Design and Inspection on the Project Entitled Crow Court Street Improvements to Wm. J. Nelson & Associates for the Not-To- Exceed Amount of $7,9Q4. 4. Resolution No. 99-7 -- Requesting Safe Communities Funding From the Department of Community and Regional Affairs. S. Resolution No. 99-8 -- Supporting the Establishment of Public Access to State Lands on the West Side of Cook Inlet. ~1- ITEM D: COMMISSION COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8~ Recreation Commission 6. Planning 8s Zaning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic Dzstrict Board c. Kenai Visitors 8~ Convention Bureau Board d. Alaska Municipal League Report ITEM E• MINUTES 1. *Regular Meeting of January 20, 1999. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ~~.~Y~-zP_.'' 1. Discussion -- Appointment of Council Member. 2. Discussion -- Multi-Use Facility Update (Peter Klauder) ITEM H: NEW BUSINESS ,Q~,~,p~~~ 1. Bills to be Paid, Bills to be Ratified ~} e,,~~ 2. Purchase Drders Exceeding $2,500 /~'~ 3. *Ordinance No. 1811-99 -- Deleting the Age Requirement in KMC 23.40.095 for Eligibility for the Supplemental Retirement Program. 4. Discussion -- Council Liaison Assignments (Boards, Commissions and Committees) 5. Discussion -- Airport Terminal Restaurant/Draft Request far Proposals. 6. Discussion -- Sewer Treatment Plan Expansion/Parking Area. -2- ~) ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (eve minutes) 2. Council EXECUTIVE SESSION -None Scheduled ITEM K: -3- ~: . 3 ,~ ^~ KENAI PENINSULA BOROUGH PLAT COMMITTEE PLANNING DEPARTMENT BOROUGH ADMINISTRATION BUILDIN 144 NORTH BINKLEY SOLDOTNA, ALASKA R~C~jV IA Members: Peggy Boscacci Seldovia City Term Expires 2000 Elils Hensley Mikiski Term Expires 1999 Brent Johnson Kasilof Area Term Expires 2000 Ann Whitmore-Painter Moose Pass Area Term Expires 2000 ALTERiVATES: Philip Bryson Kenai City Term Expires 2001 Robert Clutts Anchor Point Term Expires 2007 Leroy Gannaway Homer City Term Expires 2001 B C. February 8, 1999 5:30 P.M Tentative Agenda CALL TO ORDER ROLL CALL ~D F~ 3 ~ cry ~~NfNG~ rK~!yAl APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. MemberlAlternate Excused Absences a. Bab Clutts D E 3. Minutes -None UNFINISHED BUSINESS 1. Resurrection Peak SID; Exit Glacier Road Preliminary; Johnson Surveying/M. Fisher KPB File 99-003 Carried forward from January 26, 1999 CONSIDERATION OF PLATS 1. Seaman Subdivision; Kachemak City; Preliminary; ImhofflSeaman KPB File 99-013 2. Kings Creek SID Urban Addn No. 3; east of Fritz Creek Preliminary; lmho'fflUrban KPB File 99-014 3. Winding Trails; Kachemak City Preliminary; SeabrightlCalkinslBeachy KPB File 99-015 E. ADJOURNMENT "s" .. ~ ; 1 •s .. i, ,r.. Then xt regularly scheduled Plat Committee meeting is February 22, . 9 5:30 p.m. in the Planning Department {top floor}, Borough d#nini tration Building, 144 North Binkley, Soldotna. ,~ .~ ri ~~) KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ASSEMBLY CHAMBERS 144 NORTH BINKLEY SOLDOTNA,ALASKA !`~ February 8, 1999 7:30 P.M. ~4 CE'~ ~~ .fohn Hatnmelman Chairman Areawide Term Expires 1999 Philip Hryson Vice Chairman Kenai City T'errn Expires 2001 Ann Whitmore-Painter Parliamentarian fvloose Pass Area Tenn Expires 2000 Peggy G. Boscacci PC Member Seldovia City Term Expires 2000 I Wayne Carpenter PC Memher Seward City Term Expires 1999 Robert Ciutls PC Member Anchor Point 'term Expires 2001 Wes Coleman PC Member Soldotna City Term Expires 1999 Leroy Gannaway PC Member Homer City Term Expires 2001 Ellis Hensley. ,ir. PC Memher 1~fikiski Term Expires 1999 Hrent.lohnson 1'C Memher KasilofArea Term Expires 2000 ,lim Skogstad PC Memher ~ Hope 'term Expires 2001 Tentative Agenda F~ A. CALL TO ORDER B. ROLL CALL P~NN,e ~ ~`~ ART ~ '}'~FN C. APFROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA Ali items on the consent agenda are considered routine and nnncontroversiai by the Planning Commission and wi[! 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 to its normal sequence an the regular agenda. ]fyou 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 wilE inform the Chairman o1 your wish to comment. I . Time Extension Requests -None 2. Plats Granted Administrative Approval 3. Plats Granted Approval Under 20.04.070 -None 4. Plat Amendment Requests a. McNeil Point SID Lot 5 Replat; Plat 98-50 Homer Recording District;; KPB File 99-16 [Carlos Freeman]; Location: East of East End road, west of McNeil Canyon 5. Coastal Management Prograrn a. Coastal Management Program Consistency Reviews I) Timber Harvest; Greg Stout Logging, Inc.; KK 99-01; Location: Ninilchik b. Conclusive Consistency Determinations Received from DGC -None c. Administrative Determinations 6. KPBPC Resolutions -None 7. Commissioner Excused Absences a. Bob Clutts •~ ! , - • ~5~ _ '; i~~~ i ~,:~-~~ v :- :; t 8. Minutes 4 a. The January 26, 1999 Planning Commission minutes will • ; be on the February 22 consent agenda. s D. PUBLIC COMMENT/PRESENTATIONS (Items other than those appearing on the agenda. Limited to three minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS 1. Time Extension Request; Vacate access easement; B.E. Uminiski Lots 27-C and 28-B (Gov't Lots 27 & 28); Section 14, Township 6 South, Range I3 West, Seward Meridian, AK; Location: City of Homer; KFB 97-109 [Carlos Freeman]; carried forward from January 11, 1999 2. Public Hearing; Aland-use permit application has been received by the Borough to operate a gravel site; Location: Homer area, off Eagleaerie Avenue near Skyline Drive. The entire parcel is 112.71 acres, of which 2.5 acres is proposed for a material site. The applicant has received a Material Site Permit fora .625 acre portion of the parcel in November 1998; Douglas & Sandra Stark; carried forward from January 26, 1999 3. Plat Waiver Application; Rolco Pacific; KPBPC Resolution 99-04: Granting a platting waiver for certain lands within Sections 3 and 10, Township 4 South, Range 14 West, Seward Meridian, Alaska; KPB File 99-004 [Rolco Pacific]; Location: Anchor Point area; carried forward from January 26, 1999 4. Plat Waiver Application; Johnson, George E & Alice; KPBPC Resolution 99-05: Granting a platting waiver for certain lands within Section 1, Township 5 North, Range 9 West, Seward Meridian, Alaska; KPB File 99-012 [George Johnson]; Location: Swanson River Road area; carried forward from January 26, l 999 5. Time Extension Request; Laubner Addition to Seward Goresen- Carlson 1996 Replat; Second and Van Buren Avenues; KPB File 97-007 [Integrity Surveys]; Location: within the City of Seward carried forward from January 26, l 999 6. Coastal Management Program Considerations; Barge/Floating a Facility; Bay Barge Company; AK9812-O1 AA; Location: Resurrection Bay/Fox Island; carried forward from ]anuary 26, 1999 F. PUBLIC HEARINGS 1. Vacate a portion of the 40 foot wide frontage road dedicated by Shaginoff Subdivision (Plat 78-188}; AND, vacate the ten foot walkway easement within Lot 4 of said subdivision. Portion of frontage road petitioned for vacation is bounded by Lots 3 and 4, Shaginoff Subdivision; being within Section 6, Township 5 North, Range 10 West, Seward Meridian, Alaska; Location: City of Kenai. 2. Proposed Reclassifications of Certain Borough Parcels in the Moose Point and Gray Cliff Subdivisions; Location: Nikiski 3. Proposed Reclassification of Tract 1-B, Exit Glacier Subdivision, filed as Plat Number 97-12, Seward Recording District, Containing 8.138 acres more or Iess; Location: Seward area 4. Land-use Permit Application to Operate a Gravel Site; Mile 40 of the Sterling Highway. The parcel is 120.0 acres; NW 1/4, Section 16, TSN, R2 W; KPBPC Resolution 99-]0; Location: Cooper Landing/Quartz Creek G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None H. SPECIAL CONSIDERATIONS Time Extension Request; Original Townsite of Kenai Rainbow Addition; KPB File 97-167 Integrity Surveys/Sunland Corp] Location: Main Street and Highland Avenue; Location: City of Kenai L CONSIDERATION OF PLATS Four plats are scheduled to be reviewed by the Plat Committee. J. KENAI RIVER HABITAT PROTECTION (KFB 21.1$) -None K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS L. OTHER/NEW BUSINESS Resurrection Pass Trail System; Outfitter/Guide Use M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS 1. Results of the advisory vote for Ordinance 98-47; Establishing an Advisory Planning Commission in the Greater Seward Area 2. Resolution 99-009: Establishing an Economic Analyst Position in the Planning Department O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION 1. Permit Application for a Sand, Gravel or Material Site; Anchor Point; Clif Shafer, carried forward from June 8, 1998. Postponed until the Coastal Management Program consistency review is re-started and concluded. 2. Proposed Residential and Preservation reclassification of borough land located in the Cooper Landing area described as Tracts B through N, Sunrise View Subdivision (preliminary plat} and a portion lying within the S'/z of Section 25, TSN, R3 W, S.M., Alaska, pursuant to KPB Code of Ordinances, Chapter 17.10.080; carried forward from December 14, 1998. Postponed until brought back to the Commission by staff. 3. Naming an Unnamed Private Road to Taxidermy Road, within Section 32, TSS, R14W, S.M. Unnamed road is located 1,700 feet west of the intersection of the Old Sterling Highway and the Sterling Highway, south of Anchor Point; carried forward from January 26, l 999. Postponed until brought back to the Commission by staff. 4. Public Hearing: Vacate the full width of the 33 foot wide roadway and utility easement as shown on the plat of Marysville Too (Plat 86-93 Homer Recording District); and further described in the federal patent. Said easement, within the westerly 33 feet of Marysville Too Subdivision is located within Section 4, Township S South, Range 15 West, Seward Meridian, Alaska; carried forward from December l4, 1998 and January 26, 1999. Postponed to March 22, 1999 per petitioner request. Ordinance 99-01 Enacting Chapter 21.30 Providing for the Creation of a Residential Subdivision District Regulating Commercial and Industrial Uses Composed of All Residential Subdivision Districts in the Borough Outside of Home Rule and First Class Cities; carried forward from ,lanuary 11, 1999. Postponed to February 22, 1999. 6. Ordinance 99-02 Re-enacting Definitions in lndividual Chapters of Title 21 and Adopting a Single Chapter of Uniform Definitions for Title 21; carried forward from January 11, 1999. Postponed to February 22, 1999. 7. Petition to vacate twenty feet of the I 00 foot width of a portion of Ptarmigan Heights Drive public right-of--way. Vacate the easterly twenty feet lying adjacent to Lot 3, Block 4, Birch Side Acres Subdivision Unit 3 (Plat 73-1019 HRD}; being within Section 11, Township 6 South, Range 13 West, Seward Meridian, Alaska; and within Kachemak City; KPB File 98-277; carried forward from January 26, 1999. Postponed to February 22, 1999. 8. Vacate the sixty-six foot wide section line easement centered on line common to Sections 12 and 13, Township G South, Range 14 West, Seward Meridian, Alaska; and in the Hamer Recording District. Portion petitioned to be vacated lies between West Hill Road and a point approximately 1300 feet westerly of West Hill Road; KPB File 98-226; carried forward from January 26, 1999. Postponed to February 22, 1999. Q. ADJOURNMENT PLAT COMMITTEE The Plat Committee will meet at 5:30 p.m. on February 8, 1999 in the Planning Department (top floor), Borough Administration Building, 144 North Binkley, Soldotna. FUTURE MEETINGS PLAT COMMITTEE The next regularly scheduled Plat Committee meeting is February 22, 1999 at 5:30 p.m., Planning Department {top floor}, Borough Administration Building, 144 North Binkley, Soldotna. PLANNING COMMISSION The next regularly scheduled Planning Commission meeting is February 22, 1999 at 7:30 p.m. in the Borough Assembly Chambers, 144 North Binkley, Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. March 1 I-13, 1999 Planning Commissioner Training, Anchorage 2. Community Planning Workshop; Anchor Point, Happy Valley, Stariski, Nikolaevsk 3. January 28, 1999 Letter from Roberta Highland Regarding Ordinance 98- 33 PLANNING DEPARTMENT Phone: 907-262-4441, extension 260 Phone: toll Tree within the Borough 1-500-478-4441, extension 260 Fax: 907-262-8618 e-mail address: planning@bvrough.kenai.ak.us web site: www.borough.kenai.ak.us/planningdept OTHER MEETINGS Funny River Advisory Planning Commission Moose Pass Advisory Planning Commission Kachemak Bay Advisory Planning Commission Kachemak Bay Advisory Planning Commission Cooper Landing Advisory Flanning Commission February 2 February 3 February 4 February 18 February 18 G ~~ CITY QF KENAI " C?,cl C?cy~r,~l o~ y4lc.~ha 210 FIDALQQ AYE., SUITE 200 KENAI, ALASKA 99811-7784 TELEPHONE 807-283-7535 FAX 907-283-3014 II ~~: MEMO: TO: Planning & Zoning Commission ~ FROM: Marilyn Kebschull, Planning & Zoning Administration DATE: February 5, 1999 SUBJECT: SETBACKS -ADMINISTRATIVE EXEMPTIONS Bob Springer, Building Official, would like the Commission to reconsider a passible code change for administrative exemptions for setback requirements. In June 1998, the Commission passed a resolution amending the Development Requirements Table, which included an administrative exemption. The Council passed an ordinance adopting the new Development Requirements Table but removed the exemption. Mr. Springer has drafted an amendment and would like the Commission's input as to whether they feel it is appropriate to hold a public hearing and attempt to amend Title 14. The suggested draft is, ADMINISTRATIVE EXEMPTIONS: Setbacks: The administrative official may reduce,setback requirements up to twelve (12) inches after submittal of a plot plan or an as-built survey stamped by a state registered land surve. or and investigation and finding that the resulting lesser setback would meet the purpose.of the standards. This exemption would not applj to variances and encroachments previously granted by_,_,the Planning and Zoning Commission. A review of the past year's activity shows that there was only one case wherein this exemption would have applied. This was PZ98-63, which was for 1.2". Does the Commission feel it approuriate to consider drafting. an amendment for administrative exemptions? ~v~ KENAI PENINSULA BOROUGH 144 N. BINICLEY • SOLOpTNA, ALASKA ' 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 :- j~~ MIKE NAVARRE MAYOR ADMINISTRATIVE APPROVAL Subdivision: NealSand Subdivision KPB File 98-i94 The Kenai Peninsula Borough Planning Commission has reviewed the above subdivision plat. Administrative Approval has been granted by the undersigned on 3anuary 21, 1999. The time limit for Piing the plat with the District Recorder will expire one yeaz from approval date. ~.J~-C-~ Mary T` 11 Acting Platting Officer NOTARY ACKNOWLEDGEMENT: Subscribed and sworn before me this day of hLl (L , 1999. Notary P lic for State of Alaska My Commission Expires: ~ 2.- I Q - BUD 1 SURVEY FIRM HAS BEEN ADVISED OF ADDITIONAL REQUIREMENTS, iF ANY, TO BE COMPLIED WITH PRIOR TO FILING PLAT WITH DISTRICT RECORDER. SAN 2 T ~qpq J~~ P KENAI PENINSULA BOROUGH 144 N. BINKLEY SOLDOTNA ALASKA 99 - 669 7599 qA.~~ BUSINESS (907) 262-4441 FAX (907)282-1892 .~.' ~~. MIKE NAVARRE MAYOR January 21, 1999 Marilyn Kebschull City of Kenai 210 Fidalgo Avenue, quite Z00 Kenai, AK 99611-7794 Re: Original Townsite of Kenai Rainbow Addition KPB File #97-167 Referenced plat has been scheduled before the Kenai Peninsula Borough Planning Commission on February 08, 1999 for an extension of the August 11, 1997 preliminary approval. The Kenai Planning Commission approved the plat on July 23, 1997 by adoption of PZ Resolution 97-37. Think you~~ // ~ R¢bbie Harris Platting Officer RF~~ v O ~2S'~w l ;,:: 10~ Planning Commissioner's Corner Meeting fhe Mob Bill 7owfer Community Development Director Coconino County, Arizona Once or twice a year, every planning commission has a request that seems to generate a room full of angry neighbors. Our commission is no exception. We have seen two in the last I$ months or so: one for a gated golf course community for luxury second homes which was proposed to be built in an environmentally sensitive area known as Dry Lake; the other for a clustered subdivision of t00 homes on 1 ~0 acres in an area of 2.5-acre lots. The former has since spawned a very active citizens' group, Friends of Dry Lake, which will continue to fight the development as proposed and would like to raise the ~5 million necessary to purchase khe land to preserve it as open space. The latter caused the formation of another citizens' group, Coconino County Rezoning Watch, which filed enough petitions (over 5,000 signatures) to put the rezoning request to a county-wide vote in November 2000. }wer 100 people attended both hearings before the planning and zoning commission. How do you deal with a large crowd? First, the chairtnatl needs to lay some ground rules. This can either be done at the beginning of the meeting if there are other, preceding cases on the agenda, or immediately prior to the controversial hearing when that case is called. 'I'lte chair should discuss how the hearing will be conducted. Usually the case is called, staff presents its report with analysis and recommendation, the commissioners have an opportunity to question staff, the applicant makes a presentation, public comments are taken, the applicant may be given an opportunity to respond to questions from the commission to clarify concerns, the public hearing is closed, and the commission deliberates in open discussion and renders a decision. F'or the public comment portion, it is desirable to limit each person's comments to about five minutes. This can be done rigidly with a time clock, or by gentle reminders by the chair after four and a half minutes to have the speaker "wrap it up." Our commission prefers to hear from proponents first and then opponents. The chair should instruct people not to duplicate prior speakers' testimony, but just to say "ditto" or say they agree with so •tnd se's comments. The important thing is to give every ,arson who wants to speak an opportunity to do so, even if that takes four hours. The chair should state that every person will be heard, and that the comments arc important to the commission in reaching a decision. During the hearing, the chair needs to retain tight control over the conduct of the meeting. Applause should not be allowed, nor should boos or jeers. The hearing should be kept civil at all times. There should not be debate between the parties or between individuals in the audience. A[I testimony should be directed to the commission. [f speakers have questions, they should be addressed to the chair, which should write them down and promise a response at the end of the hearing, whether that be from staff or the applicant. Commissioners should write down speakers' names so that they can say, "Thank you, Mr. Opponent," at the end of Mr. Opponent's testimony, or ask, "Mr. Opponent, where do you live in relation to the proposed project?" Commissioners should write down concerns as they are raised duri~tg the testimony, so that at the end of the testimony, they can have the applicant back to the podium to address each of the concerns. How should a planning commission decision be reached? The commission should not make a decision based on a c_o_unt of su____-__p a~orters vsiop~one~l_s. E- I ed officials can~do that if they choose. In our cluster subdivision case, the commission voted 8- I to deny based solely on neighborhood opposition (the board later reversed the decision and approved the case, hence the referendum). Instead the commission_shouid be relying on findin s, such as confor_mance_ to t}ie comprehensive plan, public health, safety, and welfare_issu_es, compliance with the zonin and subdivision ordinan~es,_and_impact_on_the ne_ i~hborhood based on fa_c_ t_u_a1. information about traffic, noise, dust, lights, etc. It is important not to get caught up in the emotional nature of a highly charged hearing, but to stick to the findings and make a good record by referring to the findings in the motion. When the case is referred to the city council or county board of supervisors, the council or board members need to understand why the commissioners made the decision they did. To have a record that says, "We denied it because we didn't like it," or "We denied it because the neighbors didn't want it," isn't good enough. The most important thing is to have the audience leave the hearing with the feeling that they had an opportunity to comment, that their questions were answered, that their comments were listened to, and that the hearing was conducted in a civil and fair manner. They should be told where the case goes next; i.e., the date and time of the council or board meeting, or what their appeal rights are if the commission decision needs to be appealed to bring it ttp to the elected officials. Similarly, applicants in a controversial case need to feel like they got a fair hearing even if they are denied. Chairing a raucous meeting is an unenviable task, but if civility and order are maintained, and the hearing is conducted very deliberately with all points of view made known, commissioners will be able to leave the meeting feeling good about their decision regardless of the vote. ^ ~~''~ R 4 lan~tarv/Febrtaarv, 1999 I C~ c~ PLANNING 8s ZONING COMMISSION Meets Second and Fourth Wednesday - 7:00 p.m. Donald R. Erwin 1603 Fathom Drive Kenai, AK 99611 283-7570 (home) 283-1303 (work) drerwin#marathonoil, com Carl Glick P.O. Box 528 Kenai, AK 99611 283-7644 (home) Phil Bryson P.O. Box 1041 Kenai, AK 99611 283-4428 (home) 283-4672 (work) Robert J. Newbry 3055 Kim-N-Ang Court Kenai, AK 99611 283-9349 (hom:e) 283-7616 (work) gizm.o@eagle.ptialaska.net Kenai, AK 99611 Ron Goecke P.O. Box 3474 Kenai, AK 99611 Barbara A. Nord 690 Sycamore Kenai, AK 99611 283- (home) 2$3- (work) 283-9436 (home) 283-7070 (work) 283-9678 (home) 262-3958 {work) Ad Hoc: Duane Bannock 2000 2001 2001 2002 2002 1999 2000 1105 First Street Kenai, AK 99611 Telephone: 283-3158 (home) 283-3949 (work) Contract Secretary: ASAP Answering Service 170 Corral Street, Suite A Soldotna, AK 99669 (262-5000) {2/4/99) . >. r. ;. - ..-_.U ~-.._ . 3 - - 'N/we~ .gfiCy~4~ .,tom ,7~.N.- - - -.f ,} .- - .. -. ~-_e .:..' .. ~._~ r .ihe Alaska Department of Transportation ~; v ~ ~ ~- - -- ~_ k.us - .: 't .~ r. - ~, state.alc.tisl. - .~ ~- ~ ..... -S}-. 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