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Home My WebLink About1998-02-25 p&z packetCITY OF KENAI ~ PLANNING AND ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS February 25,1998 - 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: February 11,1998 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: 7. NEW BUSINESS: a. Development Requirements Table -Review 1 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Reconsideration Information b. KPB Borough Plat Committee action of February 9, 1998 c. KPB Administrative Approval-Ruby's Dazzling Scenic View S/D 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI i PLANNING AND ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS February 11, 1998 - 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: January 28,1998 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ98-OS-Variance for side yard setbacks-Lot 6, Block 5, Inlet View Subdivision, Third Addition, Part 1, 312 Rogers Road, Kenai, Alaska. Application submitted by Dennis & Kelly Gifford. 7. NEW BUSINESS: a. PZ98-06-Home Occupation Permit (Daycare~Lot 7, Block N, Woodland Subdivision, Part 3, 712 Maple Drive, Kenai, Alaska. Application submitted by Rachele Martin. b. Request to Purchase Lot 12, Block 2, Mooring by the River SD -Richard Swarner 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. House Bill No. 154 13. COMMISSION COMMENTS & QUESTIONS: j 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISS February 11, 1998 - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** Chairman Glick called the meeting to order at 7:00 p.m. 1. ROLL CALL: Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord, Michael Christian Members Absent: Karen Mahurin Others Present: City Engineer Jack La Shot, Councilman Hal Smalley, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA: GOECKE MOVED TO APPROVE THE AGENDA WITH TWO ADDITIONAL LETTERS PRESENTED PRIOR TO THE MEETING AND ASKED FOR UNANIMOUS CONSENT. CHRISTIAN SECONDED THE MOTION. AGENDA WAS APPROVED AS PRESENTED. 3. APPROVAL OF MINUTES: -January 28, 1998 CHRISTIAN MOVED TO APPROVE THE MINUTES OF JANUARY 28, 1998. CHRISTIAN SECONDED THE MOTION AND ASKED OF UNANIMOUS CONSENT.. Nord requested the first sentence of paragraph one on page 5 be changed to read "Nord reported that she attended the first Kenai River Water Quality Monitoring Plan Work Group meeting and now has a better understanding of what the purpose is." It was noted that "Watershed" is to be omitted. THE MINUTES OF JANUARY 28, 1998 WERE APPROVED WITH THE ABOVE NOTED CORRECTION. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: None 5. CONSIDERATION OF PLATS: -None Planning 8v Zoning Commission February 11, 1998 Page 1 6. PUBLIC HEARINGS: a. P298-OS -Variance for side yard setbacks -Lot 6, Block 5, Inlet View Subdivision, Third Addition, Part 1, 312 Rogers Road, Kenai, Alaska. Application submitted by Dennis and Kelly Gifford. GOECKE MOVED TO APPROVE PZ98-05. MOTION WAS SECONDED BY NORD. Kelly Gifford, 1620 Tanaga, Kenai, Alaska -The reason the variance is requested is because the lot is very narrow and most house plans considered exceed the lot size. Rather than build a very narrow home they will ask for a variance to widen the lot. Bryson asked if by looking at the house from the street would one side be lower than the other, i.e., one side two story, the other one story. Gifford provided a sketch of the home design and confirmed that one side was a little lower than the other. Christian asked if both Lots 6 and 7 were undeveloped. Gifford confirmed there are three lots in a row that are undeveloped. One is owned by Charlie Ross, the middle owned by the Giffords, and the other owned by Nelson Amen. Nord asked if a home was built on Lot 7. Gifford reviewed the plat and confirmed there is no home on Lot 7 which is owned by Nelson Amen. Goecke asked if the home itself was 62' or was it measured from roof overhang to roof overhang. Gifford could not answer. the question but thought the 62' included the set backs. After further review of the sketch Glick indicated it could not be determined if the roof overhang was included in the 62'. Goecke stated the reason he asked was if it is approved at this meeting and it does not include the roof overhang then the Giffords will either have to ask for a variance again or cut the roof overhang off. Goecke indicated the building inspector will not allow occupancy if the roof overhang was not included. Gifford reiterated that she really did not know if the roof overhang was included. Bryson stated that side setbacks were measured from the foundation or the side wall to the property line, not from the eave line. LaShot confirmed that statement was correct, he continued, as-builts normally measure from the outside of the foundation. Planning & Zoning Commission February 11, 1998 Page 2 Nord commented for financing purposes the roof overhang may be a consideration so if the variance is approved as written with an additional one foot it won't cover the roof overhang. Glick pointed out the variance was actually for five feet on both sides but the roof overhang would probably be more than that. With no further comment the public hearing was closed. Bryson stated in the past the building department interpreted the height in two different ways for 1-story and 2-story structures. Recently, strict criteria was used that a 2-story building had to conform to the 2-story requirements on both sides. Bryson pointed out this was not the case in the past, it was interpreted that if there is a 1-story side it would need to conform to 1-story requirements. In the case of a situation where there is a low side on one level and 2-story on the other side, they would require a 5 foot and 15 foot setback. Bryson indicated he would be uneasy in approving the encroachment on two sides for 10 feet each in light of the objections from the adjacent property owners and recent history where a variance in Deep Wood Park was approved and then overturned by Council because of the objections from neighbors. Gifford asked for a copy of the objections. A copy of both letters were provided to her and, it was pointed out they were from the owners of Lot 5and8. Christian asked if a variance of this type was approved in the area in the past. A general discussion ensued and it was determined that variances were approved in the area for different reasons. Goecke stated there was a variance approved for an addition on the opposite side of the street. Bryson noted there were two other variances issued in the area, one for height and the other for a side setback. Glick reported there was a variance awarded after construction because the home exceeded the variance and they had to come back for another one because the foundation was off about a foot. Bryson stated his concern is less with what has been done specifically in the subdivision but more with how Council has viewed objections from adjacent neighbors. Bryson continued, the objection from Lot 5 is a significant aspect, however, he would support a placement of the structure where the low side of the house is set at 5 feet and the other side is set at 15 feet. Bryson was comfortable in believing the builder can put it where it is supposed to go even though it differs somewhat from the legal interpretation of what a 2-story house is. It would be compatible and consistent with other structures in the subdivision. Planning 8s Zoning Commission February 11, 1998 Page 3 Goecke concurred with Bryson in moving the structure. Goecke asked Gifford if the structure could be moved in order to facilitate these requirements. Gifford replied, it doesn't bother her at all as long she is given 20 feet, it doesn't matter that it is 5 feet on one side and 15 feet on the other. When asked for comments from staff, La Shot answered, in this circumstance it is probably the appropriate thing to do. The current interpretation is that if any portion of the home is 2-story then the entire home is considered 2-story. That hasn't always been the interpretation. La Shot also suggested, in reference to the building officials comments regarding leaving the variance at 5 feet and 15 feet, the builder should be cautious the house does stay within that. Since he would be working in close tolerances he may want to consider trimming back the width of the home. La Shot recommended the two objection letters become part of the record. Goecke noted he felt comfortable in handling the situation in this manner as the same type of variance was granted on Toyon Way. Christian commented about the size of the lot which is 16,000 sq. ft. and thought the petitioner was asking a lot when there is a large amount of square footage. A different designed home could take advantage of the footage on the lot and still be in compliance. Christian believes that people who buy into a subdivision and knowing what the requirements of the setbacks are should not expect Planning and Zoning to support those. Gifford responded, they had the lot for seven years and had searched for house plans for the same amount of time trying to find one they liked that would fit on the lot. There choices were narrowed down to two and neither one would fit on the lot within feet. Christian indicated that he was reluctant to approve this especially since the closest neighbor objects to it. Bryson stated the situation he intends to make a motion on will provide the objecting neighbor on Lot 5 with a 15 foot setback, which would conform to requirements. The owner of Lot 7 is silent at this time and that side would have a 5 foot setback. Bryson added, he wasn't sure when Administration began interpreting the 2-story as it is done now but this is the first one he has had to handle. BRYSON MOVED TO AMEND THE MAIN MOTION TO GRANT THE VARIANCE AND REQUIRING A 15 FOOT SIDE SETBACK ON THE LOT Planning & Zoning Commission February 11, 1998 Page 4 LINE COMMON TO LOT 5 AND LOT 6; AND LOT LINE COMMON TO LOT 6 AND LOT 7 PROVIDE A MINIMUM OF 5 FEET. MOTION WAS SECONDED BY GOECKE. Bryson noted the intent of the 5-foot set back on the lot line common to Lot 6 and Lot ? is because that it the single level side of the house. Glick stated for the record there were two letters received prior to the meeting from people in the subdivision, one on the adjacent lot and the other a block away. Both letters opposed the variance request. VOTE (ON AMENDMENT) BRYSON YES WERNER-QUADE NO GOECKE YES NORD YES MAHURIN ABSENT CHRISTIAN NO GLICK YES FOUR YES VOTES, TWO NO. MOTION PASSED Werner-Quade stated she has been liberal in her voting in the past on granting variances of almost any kind. However, the reason she is opposed to this variance is because of the opposition that has been provided by the neighbors. Werner-Quade continued, staff recommendations are to consider public input. She also voted against it because it is a large variance. Bryson responded by adding that one year ago this situation would not have come to the Commission. The issue is before the Commission due strictly to an administrative interpretation. Werner-Quade asked if this was the 1-story, 2-story issue. Bryson confirmed that it was. It was confirmed that one year ago if the petitioner had the same house, same lot, etc., they would not have had to come before the Commission if they proposed it at 5 feet and 15 feet. Goecke commended the applicant for coming before the Commission before building. He continued, he gets upset about the ones that build and come in after the fact to ask for a variance. VOTE (MAIN MOTION) Planning 8v Zoning Commission February 11, 1998 Page 5 WERNER-QUADE YES GOECKE YES NORD YES MAHURIN ABSENT CHRISTIAN NO BRYSON YES GLICK YES FIVE YES VOTES, ONE NO. MOTION PASSED AS AMENDED. Gifford thanked the Commission but also asked, in the future, if there are any letters of opposition that they be given to the applicant prior to the meeting. Gifford thought that she could have gone to somebody to set their fears aside and maybe that would have changed their mind. Glick responded that it appeared the letters were just received. ?. NEW BUSINESS: a. P298-06 -Home Occupation Permit (Daycare) -Lot 7, Block N, Woodland Subdivision, Park 3, 712 Maple Drive, Kenai, Alaska. Application submitted by Rachele Martia. NORD MOVED TO APPROVE PZ98-06. MOTION SECONDED BY GOECKE. Staff recommended approval of the home occupation permit. Christian thought the applicant had done babysitting at the location before and asked if this was now going to be a formal service. LaShot replied that he had no knowledge that she has done babysitting before but this would be a formal attempt to have a business there. Christian asked if she would be required to get a day care and business license. La Shot indicated that it may be a requirement but it would not go through the City. Christian noted that she had a certain completion date noted and a certain number of children and wanted to know if the Commission was approving it with those stipulations. La Shot stated the applicant had requested 1 to 4 children and if there was any question in the future the City would refer to the code to determine what is allowed. It was unclear why the applicant specified a certain date which was 2001. La Shot thought it may be appropriate to amend the permit to abide by the code for the number of children and take away the temporary limitation. Christian indicated that was why be brought the subject up because the house is not big enough to have 10 children and without knowing who was regulating her daycare the Commission should probably approve to what she has included on her application. Planning 8v Zoning Commission February 11, 1998 Page 6 Bryson concurs the code allows a situation dependent upon circumstances of the structure, traffic, etc., but because she has requested up to 4 children the Commission should approve it up to 4. Bryson confirmed the owner is Rachele Martin and asked if she would be the person operating the home occupation. La Shot pointed out that Martin mentioned a substitute daycare provider in her correspondence so apparently another person is involved. Bryson asked if that was the only other person employed. La Shot stated there is only one other person allowed. VOTE GOECKE YES MAHURIN ABSENT BRYSON YES GLICK YES NORD YES CHRISTIAN YES WERNER-QUADE YES b. Request to Purchase Lot 12, Block 2, Mooring by the River SD - Richard Swarner. Glick reported the Commission had to determine that the property is not required by the City for any public purpose before allowing a sale. NORD MOVED TO APPROVE THE SALE OF LOT 12, BLOCK 2, MOORING BY THE RIVER SUBDIVISION. MOTION SECONDED BY CHRISTIAN. Bryson indicated that he did some research and found the parcel was acquired two years ago as part of a bankruptcy declaration associated with McLane's problems in Inlet Woods. The parcel was owned by one of the partners and was considered an asset when he declared bankruptcy. The property has been on the City's tax records for several years and a relative of the applicant noticed it was owned by the City of Kenai. The applicant then expressed interest in purchasing it. Goecke asked if the property now ends up in an auction or would it be a direct sale to the applicant. La Shot explained the applicant has just initiated the process and if the Commission recommends the property not be kept for public purpose and Council concurs then it would go out for competitive bid. The person who made the inquiry has the right to meet the highest bid. La Shot continued, all competitive bids must be at or above appraised market value. Planning 8v Zoning Commission February 11, 1998 Page 7 Nord thought it was an unfair advantage for the person that made the inquiry and the City should consider revamping the sales ordinance. Bryson made the comment that he also thought it was an unfair advantage situation but opposite of Nord's interpretation. The person that proposed to buy it would only have to bid fair market price. If someone else bids $10,000 more they decide at that point if they want to pay that much more. Nord stated she has been in this bidding process before where property has gone for above fair market value and she felt it would be to the City's advantage regardless of who made the request for the purchase of the land to go back and forth, they may get more than fair market value. Glick reminded the Commission that this was City code and it can't be changed. What needs to be decided is whether this parcel should be sold or kept for public use. VOTE NORD YES CHRISTIAN YES WERNER-QUADE YES GLICK YES Motion passed unanimously. 8. OLD BUSINESS: -None 9. CODE ENFORCEMENT ITEMS: None 10. REPORTS: a. City Council: MAHURIN ABSENT BRYSON YES GOECKE YES Smalley made the following report based on the agenda included in the meeting packet. A Board of Adjustment hearing was held prior to the regular meeting as a result of the Chumley appeal of the Planning and Zoning decision made on January 14, 1998. There was a request by the petitioner for a modification. The Board of Adjustment is reviewing this matter and the decision will be made within thirty days. The variety of things that can Planning & Zoning Commission February 11, 1998 Page 8 come from it could include reversing the Planning and Zoning decision; go with the decision of the Planning and Zoning Commission; approve or disapprove the modification; or send it back to Planning and Zoning. Item C-1 was postponed as Barry Norwood, the young boy who is making a cash donation of $116.01 to the animal control shelter, was not present. Norwood would be the guest of honor at the grand opening of the animal control shelter to be held on March 7, 1998 between 11:00 a.m. and 2:00 p.m. The new City well grand opening will also be held on March 7 at 3:00 p.m. The Mayor is at the Board of Fish meeting to discuss the dip net fishery. The City has requested a change in the BOF agenda and was given approval. The City is requesting that a portion of the river be closed to dip net fishing. This may help control the bank erosion problems. Fish and Game will provide dumpsters for fish waste, possibly provide more enforcement, and signage to help keep the area clean. La Shot reported the city attorney was notified that the amendment at the BOF failed. Items H 4 and 5 were approved. Smalley reported he attended the Parks and Recreation meeting and the Bernie Huss Trail was discussed as a girl scout group expressed interest in cleaning it up. This girl scout group will do the work in an effort to achieve a gold award through their program. They will ask for assistance from others within the community. The Eric Hansen Park design was discussed. Smalley gave a brief explanation of the layout and what was planned for the park, i.e., parking in front, ahard-packed pathway around the perimeter to allow for handicap accessibility, a boy scout statue in the center, and signage giving a historical time line of Kenai. Werner-Quade pointed out there were five Planning and Zoning Commissioners at the Board of Adjustment hearing. The actual date the Board of Adjustment would have their decision was discussed. It was confirmed the date is March 4, 1998. b. Borough Planning Bryson reported a meeting was held on Monday, February 9, 1998. There were no changes to the agenda. Planning & Zoning Commission February 11, 1998 Page 9 A habitat class will be held at the college next semester if anyone is interested in attending. The professor testified previously in a wetlands issue. Item E-1, a request to vacate a cul-de-sac in the Cooper Landing area because the church had placed a well in the cul-de-sac right of way. The adjacent property owners objected to the vacation. The end result was the church property relocated the cul-de-sac further into the property rather than cutting it off so it removed the encroachment situation and provided the adjacent property with the access they wanted. Item E-2 -the North Pacific Volcano Learning Center group attended the public hearing and described their project. The Planning Commission recommended participation in the purchase of the property. The issue will go before the Assembly. All special consideration items were approved. Item N -members were given a memo regarding judicial proceedings on public hearing issues. The decision on the wetlands fill situation which is referred to as the Carter project was being returned to the Planning Commission. The conditions of the return have not been explained and the intent of the memo was to assure Commissioners did not discuss the project publically or in an open forum on the issue. Apparently there were people that had made comments to the newspaper. c. Administration: La Shot reported that staff was currently working on the development requirements table and a draft should probably be available at the next meeting. Kebschull requested that the City attorney review the section on home occupations and whether there is actually a permit needed. This arose out of the Chumley appeal as one of the people making comments has a home occupation in the area and didn't realize a permit was needed. The code isn't really clear on the issue. Christian asked about the sign code and whether or not a person is allowed to attach a temporary sign to one that is permanently placed. Christian reported that MAPCO had placed a cardboard sign on their permanent one. Goecke didn't think this issue should be pursued due Planning & Zoning Commission February 11, 1998 Page 10 to the many garage sale signs, etc., that are placed around town. La Shot asked if the Commission wanted staff to research the issue. Christian requested that it be done. Goecke asked if the City attorney had defined "business" with regard to home occupation. Goecke felt a permit was required to operate a business from the home. A group discussion took place on various types of home occupations. It was again noted the City attorney is looking into the issue. 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. House Bill No. 154 13. COMMISSION COMMENTS AND QUESTIONS: Commissioner Bryson requested that Administration consider modifying the definition of setback to determine between 0 to 15 feet on the side lot lines for each separate side of the building in question. The definition needs to be clarified from the attorney's perspective. Commissioner Werner-Quade stated the entire variance issue had her going tonight. She intended to vote No on the main motion because of the letters submitted by the neighbors. Before she saw the letters, Werner-Quade indicated she was going to vote to approve the variance as she is user-friendly with regard to building and knowing that exceptions can be made, although this applicant was asking for a lot. Werner-Quade reported the opposition letters persuaded her to vote No but then the comment was made that the issue would not have come before the Commission a year ago because of the 1- story/2-story issue. That changed her mind again and she decided to approve the variance. Werner-Quade added, she still has some hesitation about it and has a problem with being called to vote first when she doesn't really know how she wants to vote. This has happened twice with difficult issues. Additionally, Werner-Quade expressed concern with her fellow Commissioners having such an ease in approving or disapproving some of the issues that seem to her to be terribly difficult. Werner-Quade continued, maybe I'm the only one, she stated is not unintelligent but she is mixed up on this issue. She can see both sides and tries to vote using the best mind that she can but she still has some hesitation. Planning & Zoning Commission February 11, 1998 Page 11 Commissioner Nord indicated that she wasn't sure how to vote on the issue either until Bryson brought up the point that a year ago this issue would not have been before the Commission, she was then a little more comfortable on voting on it. Werner-Quade commented on the adjacent property owner stating they are against the variance and wanted to know why the applicant didn't offer to buy their lot if they wanted to build a big house. Werner-Quade reiterated she came into the meeting to vote for the variance even though she felt it was quite a large variance being asked for then she read the letters from the neighbors. She continued, she was on a fine-line between voting to approve or disapprove. Werner-Quade also reiterated that her voting on the variances have been very liberal. Commissioner Nord remembered that in that particular subdivision people have come before the Commission for encroachment permits after construction. Nord stated she was glad to see the applicant come in before construction. Nord asked if the neighbors can appeal the decision made at this meeting. Councilman Smalley asked if it was customary for the City to contact the two property owners who wrote letters of opposition to inform them of the action. There is a specific time line for appeal. La Shot indicated it is not customary to contact people who comment but had the decision gone the other way then the applicant would be informed of the appeal process. Commissioner Nord reported that the Water Quality Monitoring group met on Monday for another three hours to go over site selections. At this point there isn't much money to begin testing but there are about thirty different sites selected to monitor using different matrix levels. Nord explained, Matrix Level 1 would be done by students; Matrix Level 2 would be volunteers from the public and Matrix Levels 3 and 4 would be extensive testing and Fish and Game would be involved. These areas would be extensively studied. The next plan of action is to put it all together and decide where they would get funds and grants. Commissioner Bryson stated he also came into the meeting with concerns about the property and that was why he asked to see the front view of the building from the street. The sketch indicated that the one side was single story and the other side 2-story. If it was to be a 2-story structure all the way through it would have been a huge house. Another aspect that came up in discussion were eaves. Bryson pointed out that eaves are not considered part of the encroachment in side yard setbacks, eaves are not to trespass. Planning 8v Zoning Commission February 11, 1998 Page 12 Commissioner Werner-Quade asked if Chairman Glick would review the procedure for reconsideration. Glick responded, if a reconsideration is for the next meeting it has to be requested at this one. Werner-Quade clarified it was not for this but she wanted to know what the procedure was in general. Glick stated the person requesting reconsideration would have to be on the prevailing side and would have to give notice to reconsideration before the end of the meeting. A general discussion took place on reconsideration and it was determined that an interpretation would be obtained from the City attorney. 11. PERSONS PRESENT NOT SCHEDULED: -None 12. ADJOURNMENT: NORD MOVED TO ADJOURN. SECONDED BY CHRISTIAN. MEETING ADJOURNED AT 8:50 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Planning & Zoning Commission February 11, 1998 Page 13 '7a 1 111211101'c~ T 1C~ Ll1 T 1 Date: 2/20/98 To: Planning & Zoning Commission From: Marilyn Kebschull, Administrative Assistant ~~ ~ ~' RE: DEVELOPMENT REQUIltEMENTS TABLE -REVIEW Attached is a draft of the Development Requirements Table with suggested changes. These changes are the result of input from the Building Official, City Engineer, and myself. This draft is being provided for an initial review. It is staff's recommendation that a time be set for a meeting wherein the Building Official and City Engineer can be present to explain changes. N 0 u a 0 a m F F oe Z caa o~.. 0 D a 0 p,/ d N O ~ O NO O N O ~V' O N O N O O N N ~ U `~ ~ ~ ~ P w '~ a~i ° 'o `~ w ~ ' ~ O •~ ° a ~ ~ ~ ~ ~~ i Ua g ~5 ~ S 25 g g g a ~ ° N ~ ~ ' N n r n r U g $ $ `~ O z z ~'z z z z ~ ~ N C ~ 8 ~l g g ~ O O z z z z z z N .--~ ~ N N O O ~j O O O O ~ o ~ N O~ ~ N ~ .Nti d. ~--i z z z N ~ N N ~ N N ~ N N ~ N ~ ~ ~ ~ o H ~ I.r N ;; ~ 3 H :j 3 ~ y 3 Q . 3 3 .~ •~ y, ~ ~ .~ ~ ~ on .~ N a s a ~ o °' a~ 3 v~ O ~"~., a ~ ~ o o c ~ b o a ^ ~ ~ ~ ~ ~ " . ~ ~ A 3 A A T ~ c~ .~.+ 3 '~'' ~ y b 'd 3 ~t ~ 5 ~ ~ .~. ' A ~ ~ ~o' 3 33 ~ ~ ~~ a c ~ ~ •~ c ~ A ~ ° ~ ~ v 3 A 3 3 ; ~ ~ ~ . a ~ ~ ~ A A f~ ~ ~ ~ T w ~ ~ ~ ,. fJ, w3 w~ cu Y rs. 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O N C O ~ O O O O ~ ~" O N O ~ O N O 7 ~ 3 3 N N ~ 3 3 ~ `. 1.~ 3 .. .~,~ 3 ~ ~ c 0 3 ~ ~ _ _ . ~ l,. t7 ~ t7 ~ ~ . ,C 6D T ! T .r+ w 3 3 5r 3 ~ ~ } _ n . ~ ~a u. ~ °` ~ c w o .h N O N 0 ..,~. 'C ~ ~ 3 a L ~ LL ,_ ~ >+ w o re3 ~ ~ ~ w w s -. s .~ . ,~„~ w. g a >s ~^ ~ U .fl C ~ C ed .n = ~ y ~O OD >. cD yy ~ ~r N J ~ ~ V -= 3 ~ J ~ ,Q ~- 7 n ~ - H d iy ..Q.f -' ~ U ~ N O 3 3 c c i u e J N ~ d p L ,,, ~ w 7 7 ,~ _ V ..~ O '='~ M eO ..^. vin ~.. ~~ U = ~ C ~ .D _ C ~ c~ ~_ O vl bD 'C T T U t ~'° 3 '~ a~ ~ o ~ u -- U ~ U r 6 0 0 ^~' N N n_ `~' ~ 3 w ..., c ~ ~ _oE~ o ~. ~ v ~' .o •y o ~ C n ? ~ ~ U '3~~ `a~ ~, . , o J_ ~ ~ ~ N f0 j ~ ~ L O ~O c. ~ ~ U .L~ O w N a.. N d .Z O U O~ N io0. AGENDA KENAI CITY COUNCIL -REGULAR MEETING FEBRUARY 18, 1998 ?:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.Kenai.net/cfty 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. A. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Ron Dolchok -Pressed Wood Products C. PUBLIC HEARINGS %a,~ ~~ 1. Ordinance No. 1772-98 - Appropriating a $116.01 Donation From Barry Norwood to the Animal Shelter. ,~~;~GG~GG~'v 2. Ordinance No. 1773-98 -Finding That Certain City-owned Land, ~~~~ Consisting of 4,710 Square Feet Situated Within and Along the Easterly Boundary of Existing Tract 5-B, Horseshoe End at River Bend Subdivision, More Commonly Known as Cunningham Park, Is Not Required For a Public Purpose. ~~~~ ~. 3. Resolution No. 98-6 -Transferring $6,000 from General Fund Non- Departmental Contingency to Professional Services for Computer Support Services. /~~il~~"' Resolution No. 98-? -Approving Sale of 4,710 Square Feet of Tract /~~~ Horseshoe End at River Bend Subdivision (Cunningham Park) to Adjacent Land Owner (Garcia) at Appraised Value. 5. *1998/99 Liquor Licease Renewal -American Legion Post #20. 5-B, Page 1 of 3 D, COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission ;;. Harbor Commission 4. Library Commission 5. Parks 8v Recreation Commission 6 plying & 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, NRNUTES 1. *Regular Meeting of February 4, 1998. g, CORRESPONDENCE G, OLD BUSINESS 1. Discussion - :~laska Board of Fisheries' Decision on Personal Use Dip Netting at :Mouth of Kenai River. H. NEW BUSINESS ~pprp-j/~ 1. Bills to be Paid, Bills to be Ratified ~~~,~~/ 2, Purchase Orders Exceeding $2,500 ~I g. *Ordinaace No. 1?74-98 -Finding "That Certain City-Owned Land, Described as Lot 12, Block 2, Mooring by the Riz-er Subdivision, Is Not Required for a Public Purpose. 4. *Ordinance No. 1??5-98 ~ ~e Council onaAgin2 Borough pecial Appropriations by $1,500 Revenue Fund. I~P~~/ 5• Approval -Request for Termination of Lease/Yu ~e Air. ~~'_6. Approval - Renai River Festive 1 andti4's19o est to use the FAA ~~ ~~5 grounds for the festival on Ju Page 2 of 3 i~°r~~ 7. Approval -Request by Don Wright for Peninsula Batting Cages at softball fields. ~V' 8. Approval -Request to continue hand painted graphics at Airport on east wall of north lobby area. y' 9. Approval -Special Use Permit renewal for Kenai airport Fuel Services bulk fueling aircraft. ~rv~~ ,10. Approval -Request to lease Airport counter space to Dan Van Zee. - None Scheduled. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT Page 3 of 3 16~ KENAI PENINSULA BOROUGH _ PLAT COMMITTEE REC IE VED `~ BOROUGH ADMINISTRATION BUILDING t'. '~^~-------- PLANNING DEPARTMENT SOLDOTNA, ALASKA '` ~ g ~ ~ ~. 'a February 23, 1998 5:30P.M. N iTYOFKENAI Tentative Agenda PARTMEII Members: John Harmreknan Areawide Tenn Expires 1999 Ellis Hensley Nikiski Term Expires 1989 Brent Johnson Kasilof Area Term Expires 2000 Ann Whitmore-Painter Moose Pass Area Term Expires 2000 ALTERNATES: Philip Bryson Kenai City Term Expires 1998 Leroy Gannaway Homer city Term Expires 1988 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA : EXCl1SED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. No excused absences requested. 3. Minutes a. February 9, 1998 D. CONSIDERATION OF PLATS 1. Munson S/D No. 3; Halibut Cove Preliminary; Eric P. Fuglestad KPB File 98-025 2. Ninilchik Hills S/D No. 2; Caribou Hills Preliminary; McLane Consulting Group KPB File 98-027 3. Federal Addition to Seward King Replat; Seward City Preliminary; Johnson Surveying KPB File 98-028 4. Moms Estates Addition No. 1; Funny River Road Preliminary; Whitford Surveying KPB File 98-029 5. Greenacres S/D Ruri Replat Feuding Lane, Kenai Keys Road area Preliminary; Integrity Surveys KPB File 98-030 i ...Wr~._ .. _..~.Y . i Yy 'p , ,'1 6. Jack Gist S/D; Homer City Preliminary; Seabright Surveying KPB File 98-031 7. EI Rancho Cost-A-Plenty Sterling Highway 8~ Karen Lane Preliminary; Swan Surveying KPB File 98-032 E. ADJOURNMENT The next regularly scheduled Plat Committee meeting is March 9, 1998 at 5:30 p.m. in the Planning Department at the Borough Administration Building in Soldotna. b KENAI PENINSULA BOROUGH PLANNING COMMISSION ~) BOROUGH ADMINISTRATION BUILDING ASSEMBLY CHAMBERS SOLDOTNA, ALASKA February 23, 1998 7:30 P.M. Tentative Agenda. John Hammehnan Chairman Areawide Tenn Expires 1999 Philip Bryson vice chairman Kemai City Term Expires 1998 Ann Whitmore-Painter Parliamentarian Moose Pass Area Tern Expires 2000 Peggy G. Boscacci PC Member Seldovia City Tern Expires 2000 Wayne Carpenter PC Member Seward City Tern Expires 1999 Robert Clutts PC Member Anchor Point Tern Expires 1998 Wes Coleman PC Member Soldotna City Tern Expires 1999 Leroy Gannaway PC Member Homer City Tern Expires 1998 Ellis Hensley, Jr. PC Member Nikiski Tern Expires 1999 Brent Johnson PC Member Kasilof Area Tern Expires 2000 Tom Knock PC Member Cooper Landing Tern Expires 1998 A. CALL TO ORDER B. ROLL CALL ', ; `, RECE EVI p `~ ~, 919 ~ , ~ 9$ CItY OF w ..._.__ KENe~ C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGEND A 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 ofthese 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 Chairn-an of your wish to comment. 1. Time Extension Requests -None 2. Plats Granted Administrative Approval 3. Plats Granted Final Approval Under 20.04.070 -None 4. Plat Amendment Requests -None 5. Coastal Management Program a. Coastal Management Program Consistency Reviews -None b. Conclusive Consistency Determinations Received from DGC -None c. Administrative Determinations -None 6. KPBPC Resolutions -None 7. Commissioner Excused Absences a. Wes Coleman 8. Minutes 1 - ~ - -•- " ~` a. February 9, 1998 Plat Committee Nrnutes . ~~ .k b. February 9, 1998 Planning Commission Minutes ;~ Y-, D. "PUBLIC COMMENT AND PRESENTATIONS . ~ (Items other than those appearu-g on the agenda. Limited to three minutes per spesicer unless previous ., urangements are made.) E. UNFINISHED BUSINESS -None F. PUBLIC HEARINGS 1. Vacate 200 feet of an unnamed right-of--way adjacent to the southeaster side of Lot 18, Block 1, Martin Subdivision #1. Sec. 27 T1S R1W, S.M., AK; in the Lowell Point area. 2. Land-use permit application to operate a gravel site in the Nikiski area; J & S Enterprises; SW '/a NW '/. NW '/4, Section 1, T7N, R12W, Seward Meridian; KPB parcel number 01208023. G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None H. SPECIAL CONSIDERATIONS 1. Steik, John; KPBPC Resolution 98-05: Granting a waiver to platting requirements for certain lands within Section 14, Township 2 South, Range 12 West, Seward Meridian, Alaska; KPB File 98- 033 I. CONSIDERATION OF PLATS 1. The Plat Committee will review seven plats. J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS 1. Remand from Division of Government Coordination; Kenai River, Soldotna, Road Construction/Wetland Fill; Kenai River 320; Carter; AK 9702-12AA Project M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS z O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Creekwoods Park S/D Tract A -Building Setback Exception; KPBPC Resolution 97-45: Granting an exception to the twenty foot building setback limit for a portion of Tract A, Creekwoods Park S/D (Plat 86-100 HRD); Sec 20, TZS, R14W, S.M., Alaska. Located North of Happy Valley; KPB File 97-233 Postponed until additional information is provided. 2. Public Hearing; Petition to vacate portion of Bay Ridge Road bounded on southwest by Lot 3; on the northeast by Lots 1 and 2, Emerald Highland Estates Unit 4 (Plat 78-128 HRD); within Sec 13, T6S, R14W, S.M., AK. North of Homer, west of West Hill Road; KPB File 98-010 Postponed until brought back to the Commission by staff. 3. Ordinance 97-75: An Ordinance Amending KPB 17.10 Regarding Classification of Borough Lands Postponed to March 23, 1998. Q. ADJOi:fRNMENT PLAT COMMITTEE The Plat Committee will meet February 23, 1998 at 5:30 p.m. in the Planning Department (top floor), Borough Administration Building, Soldotna. FUTURE MEETINGS PLAT COMMITTEE The next regularly scheduled meeting of the Plat Committee is March 9, 1998 at 5:30 p.m. in the Planning Department (top floor) of the Borough Administration Building in Soldotna. PLANNING COMMISSION The next regularly scheduled Planning Commission meeting is March 9, 1998 at 7:30 p.m. in the Assembly Chambers at the Borough Administration Building in Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Moose Pass Advisory Planning Commission February 5, 1998 Minutes 2. AML Legislative Bulletin, #20-10, February 6, 1998 PLANNING DEPARTMENT Phone: 907-262-4441, extension 260 Phone: tall free within the Borough 1-800-478-4441, extension 260 Faa: 907-262-8618 e-mail address: planning@borough.kenai.ak.us web site: www.borough.kenai.ak.us/Planning.htm OTHER MEETINGS KPB Material Site Task Force February 18 Kachemak Bay Advisory Planning Commission February 19 KPB Material Site Task Force February 25 Anchor Point Advisory Planning Commission March 3 Moose Pass Advisory Planning Commission March 4 Kachemak Bay Advisory Planning Commission March 5 KPB Trails Commission March 5 Funny River Advisory Planning Commission March 9 Cooper Landing Advisory Planning Commission March 11 Kachemak Bay Advisory Planning Commission March 19 a 1 ~ ` ~-, 1791-1991 CITY OF KENAI __ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: Art McComsey, Council Member City of Kenai FROM: imothy J. Rogers, City Attorney ~ City of Kenai DATE: June b, 1989 RE: ?arliamentary Procedure This memorandum is in response to several questions posed to the Legal Department concerning parliamentary procedure. For the sake o= clarity and to provide you with future reference, the answers to your questions are provided in this memorandum. 1. Who may move to reconsider? KMC 1.15.060(8) states in part, "any member who voted on the prevailing side may move a reconsideration thereof at the same meeting or at the next succeeding meeting." Robert's Rules of Order is the same. 2. Does a Motion to Reconsider, require a second? KMC 1.15.060(k) provides that, "All motions require a second, unless otherwise provided." Since the provisions of KMC 1.15.060 dealing with motions to reconsider do not provide otherwise, a Motion to Reconsider must have a second. Robert's Rules of Order is the same. KMC 1.15.060 is silent as to who may second a Motion for Reconsideration. KMC 1.15.120(b) provides that Robert's Rules of Order shall govern parliamentary procedure as to matters not covered under the Kenai Municipal Code. Section 36 of Robert's Rules of Order provides that any member of the Council may second the Motion for Reconsideration. -1- -~ 3. Can a date in the future be set for the vote concerning the Motion to Reconsider? According to Section 36 0}_ Robert's Rules of Order, a future date for the vote on a Motion for Reconsideration may be set only when the motion is made on the same date as the vote to be reconsidered is taken. Such a motion is termed a "Motion to Reconsider and I?ave :entered on the Minutes." If the Motion for Reconsideration is made during the next meeting, the vote must be taken during that succeeding meeting. A Motion to Reconsider and Have Entered on the Minutes was designed for assemblies with frequent meetings and small quorums where a majority of the quorum can pass legislation. The Motion is designed to allow a Motion to Reconsider to be scheduled at a later meeting when a proper majority of the assembly could be in attendance. Under the provisions of our Code, an ordinance may not pass without receiving the votes of a majority of the Council as a whole. krlC 1.15. 060 (e) . This Motion has been criticized by some scholars because it allows two members .of an assembly to hold up action taken :by an assembly. Mason's Legislative Manual, X474. Mr. Robert acknowledged the potential for abuse of the motion. On page 167 of Robert's Rules of Urder, he states a remedy for an attempt at abuse: )" 1 Should a minority make an improper use of this form of the motion to reconsider by applying it to a vote which required action before the next regular business meeting, the remedy is at once to vote that when the assembly .adjourns it adjourns to meet another day, appointing a suitable day, when the reconsideration could be called up and disposed of. Implicit in Mr. Robert's discussion of this motion is that the Motion to Reconsider and have Entered in the Minutes, means that it is to be scheduled for a vote on the next regular meeting of the assembly. Any other Motion to Reconsider must put up for a vote during the same meeting as made. However, the vote on any motion to reconsider may be rescheduled by a vote of the Council. Mason's Legislative Manual, ,461. Any such action would require four votes. KMC 1.15.060(e). The Motion to Reconsider and Enter in the Minutes was interpreted by the Supreme Court of Tennessee in Rutherford v. City of Nashville, 79 S.W.2d 581 (Tenn. 1935}. The Nashville City Council was considering an ordinance licensing the drivers of motor vehicles. After the final reading of the ordinance, the -2- ordinance passed upon a majority vote. A councilman then moved to ~ reconsider and have entered on the minutes. The presiding officer overruled the Motion to Reconsider and sent the ordinance to the Mayor for his signature. At.__the next meeting, the councilman who made the motion tried to call it uA for disposition. The Court held that the Motion to Reconsider and Have Entered on the Minutes was properly overruled by the presiding officer, but did not explain why other than to say the deliberative body may establish its own rules. 4. Is a Motion to Reconsider debatable? Some Motions to Reconsider are debatable and some are not. Whether such a motion is debatable or not depends upon whether the motion which it is proposed to reconsider is debatable. The following is an example. A Motion to Table is not a debatable motion. Thus, a Motion to Reconsider a Motion to Table is not a debatable motion. Mason's Legislative Manual, ~ 82. If the underlying motion which is being reconsidered is one which is debatable, i.e.; an ordinance or resolution, then the Motion to Reconsider is debatable. Mason's Legislate ve Manual, X81. KMC 1.15.060 states that debate on such a motion shall be limited to twenty-five (25) minutes, with no member speaking more than five (5) minutes. 5. What is the effect of a Motion for Reconsider? According to Section 36 of Robert's Rules of Order, the effect is to "suspend all action that the original motion would have required until reconsideration is acted upon." Section 467 of Mason's Legislate ve Manual also states that a Motion to Reconsider suspends all action on the underlying motion until the Motion to Reconsider is acted upon. 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February 10, 1998 NOTICE OF BOROUGH PLAT COMNIITTEE ACTION MEETING OF FEBRUARY 9, 1998 RE: Tanglewood S/D Preliminary Plat /~ h RECEIVED FEB 121998 CITY OF KENAI The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Plat Committee. The conditions of approval are stated in the attached draft minutes. If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. This notice and unapproved minutes of the subject portion of the meeting were sent February 10, 1998 to: City of: City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Advisory Planning Commission: n1a Survey Firm: Integrity Surveys, 605 Swires Drive, Kenai, Alaska 99611. Subdivider/Petitioner: Ruth Parsons, P.O. Box 412, Soldotna, Alaska 99669-0412. Kenai Peninsula Borough Planning Department 144 North Binkley Soldotna, Alaska 99669-7599 (907) 262-4441, extension 260 FAX (907) 262-8618 planning@borougti kpnai ak •~~ KPB File Number: 98-020 AGENDA ITEM D. CONSIDERATION OF PLATS 3. Tanglewood S/D (Preliminary) KPB FILE 98-020 [Integrity Surveys] Staff report as read by Maria Sweppy. Plat Committee Meeting 2/09/98 Location: Redoubt Avenue and Nightingale Street within the City of Kenai Proposed Use: Residential Zoning: Rural Residential in process of being rezoned to Suburban Residential Sewer/Water. City Su~nortiny Information: This is the subdivision of a 75-acre parcel into 160 lots ranging in size from 15,000 square feet to nearly 20,000 square feet. The plat is on four sheets with sheet 1 being the index. Kenai Planning and Zoning Commission recommended preliminary approval on January 14, 1998 contingent upon re-zoning being approved and an installation agreement. An area of concern with the City staff is that the street naming system may be confusing for providing emergency services. At the City meeting, the surveyor advised that the plat will be completed in phases. Borough staff has concerns with the street naming and is recommending rename of all streets except Twilight Way. The tag "Way" was reserved for very short streets, usually no more than two to three blocks long that could not be extended in either direction. Twilight Way on this plat extends Twilight Way from the east. The remainder of the streets are to be named in accordance with the Kenai Peninsula Borough Street and Addressing naming method. As shown on the preliminary plat, it is unclear where one street name ends and another begins. STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations; and, the following conditions: REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: 1. Correct or add to the legal description/location/area. Include reference to 1/4 section. 2. Provide name/address of owner(s). 3. Provide north arrow on all sheets. 4. Provide date of this survey. 5. Show correct scale of plat drawing. 6. Show existing streets with name and width. 7. Show City boundary along north boundary of subdivision. 8. Label Sheet 1 as Sheet 1 of 4. 9. Clarify sheet match lines. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 10. ,Provide Improvement Installation Agreement from City; or letter that agreement is not required. 11. Correct dedication and/or approval statement(s) with notary's acknowledgement as needed. 12. Show bearings and distances of boundary on Index Sheet. 13. Under legend show symbol used for block designation. 14. Survey and monumentation to meet Ordinance requirements; or an exception having been granted. 15. Show all dimensional data and curve data. 16. Use a font size and type that is of a standard that will microfilm. KENAI PENINSULA BOROUGH PLAT COMMITTEE FEBRUARY 9, 1998 MEETING PAGE 7 -T 17. Conform to conditions of KPB Planning Commission Resolution 78-6. 18. Compliance with Chapter 20.16.155 D and 20.14 Wastewater Disposal regulations. 19. Compliance with Ordinance 90-38(Substitute) -Ownership. 20. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing of plat are sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. Note: Appeal may be taken from the decision of the plat committee to the planning commission acting as platting board by filing written notice thereof with the borough planning director within 10 days after notification of the decision of the plat committee by personal service, service by mail, or publication. (2.40.080 Borough Code of Ordinances) END OF STAFF REPORT MOTION: Commissioner Johnson moved, seconded by Commissioner Hensley, to grant approval to the preliminary plat subject to staff recommendations. Chairman Hammelman inquired about the street names. Mr. Best replied he prepared suggested changes for the streets in accordance with adopted street naming procedures. He held up the diagram used for naming streets (Clerk's Note: Appendix A of Ordinance 95-12). Chairman Hammelman asked if the surveyor would change the names. Mr. Best thought the surveyor would take care of this matter. Although the names are humorous, they could pose a problem for emergency service providers. Mr. Best added that the surveyor did not contact staff with any concerns about re-naming the streets. Commissioner Whitmore-Painter asked Mr. Best if the Plat Committee needed to take additional action. Mr. Best replied no because the matter was taken care of by the staff report. VOTE: The motion passed by unanimous consent. HAMMELMAN HENSLEY JOHNSON WHITMORE-PAINTER FOUR YES YES YES YES YES KENAI PENINSULA BOROUGH PLAT COMMITTEE FEBRUARY 9, 1998 MEETING PAGE 8 -~ ~. . February 10, 1998 RECEIVED FEB 12 1998 C17Y Of KENAI NOTICE OF BOROUGH PLAT COMMITTEE ACTION MEETING OF FEBRUARY 9, 1998 RE: Leo T. Oberts, Ross Replat Preliminary Plat The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Plat Committee. The conditions of approval are stated in the attached draft minutes. ffyou have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. This notice and unapproved minutes of the subject portion of the meeting were sent February 10, 1998 to: City of City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Advisory Planning Commission: n/a Survey Firm: Integrity Surveys, 605 Swires Drive, Kenai, Alaska 99611. Subdivider/Petitioner: Richard & Gayle Ross, P.O. Box 3352, Soldotna, Alaska 99669- 3352. Kenai Peninsula Borough Planning Department 144 North Binkley Soldotna, Alaska 99669-7599 (907) 262-4441, extension 260 FAX (907) 262-8618 planning@borough.kenai.ak.us KPB File Number: 98-021 AGENDA ITEM D. CONSIDERATION OF PLATS 4. Leo T. Oberts, Ross Replat KPB FILE 98-021 [Integrity Surveys] STAFF REPORT Location: Kittiwake Court within the City of Kenai Proposed Use: Need Statement Zoning: Rural Residential Sewer/Water. Need Statement (Routine Preliminary) Plat Committee Meeting 2/9/98 Supporting Information: This is a replat to combine Lot 9, Block 1, Leo T. Oberts Subdivision Addition 1, with Lot 10-A, Block 1, Leo T. Oberts Subdivision Addition 2. The Kenai Planning and Zoning Commission recommended preliminary approval on January 14, 1998, subject to correcting Sandpiper Court to Kittiwake Court. Right-of--way name was changed by a City of Kenai Resolution in 1983. STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and the following conditions: 1. Correct or add to the legal description/location/area. Both Lots and Subdivisions need to be properly referenced. 2. Provide date of this survey. 3. Correll Sandpiper Court to Kittiwake Court. 4. vicinity Map -Clarify Ipcation of city limits and label one right-of--way intersecting with the Kenai Spur Highway. 5. Correct adjacent Lot 11 to Lot 11-A, Leo T. Oberts S/D Addition 2. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 6. Provide or correct dedication and/or approval statement(s) with notary's acknowledgement as needed. 7. Survey and monumentation to meet Ordinance requirements; or an exception having been granted. 8. Conform to conditions of KPB Planning Commission Resolution 78-6. 9. Compliance with Chapter 20.16.155 D and 20.14 Wastewater Disposal regulations. 10. Compliance with Ordinance 90-38(Substitute) -Ownership. 11. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing of plat are sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. Note: Appeal may be taken from the decision of the plat committee to the planning commission acting as platting board by filing written notice thereof with the borough planning director within 10 days after notification of the decision of the plat committee by personal service, service by mail, or publication. (2.40.080 Borough Code of Ordinances) END OF STAFF REPORT MOTION: Commissioner Hensley moved, seconded by Commissioner Johnson, to grant approval to the following routine preliminary plats subject to staff recommendations. 1. Oceanview Addn. No. 1 Bardarson Replat Lot 7A Block 4 Sewarcl City; Routine Preliminary Cline 8 Associates KPB File 98-015 KENAI PENINSULA BOROUGH PLAT COMMITTEE FEBRUARY 9, 1998 MEETING PAGE 5 2. Modem Motors S/D; Seward City Routine Preliminary; Cline & Associates KPB File 98-016 4. Leo T. Oberts S/D Ross Replat; Kenai City Routine Preliminary; Integrity Surveys KPB File 98-021 6. Alisyn Acres S/D Young Addn.; West Poppy Lane Routine Preliminary; Teny Eastham KPB File 98-022 Commissioner Whitmore-Painter asked if anyone in the audience wished to comment on any of the routine plats. No requests to speak were heard. VOTE: The motion passed by unanimous consent. HAMMELMAN HENSLEY JOHNSON WHITMORE-FAINTER FOUR YES YES YES YES YES KENAI PENINSULA BOROUGH PLAT COMMITTEE FEBRUARY 9, 1998 MEETING PAGE 6 Kenai Peninsula Borough Planning Department ~ 144 North Binkley P Soldotna, Alaska 99669-7599 b (907) 262-4441, extension 260 FAX (907) 262-8618 ~j planning@borough.kenai.ak.us •-~ .. February 10, 1998 NOTICE OF BOROUGH PLAT C011~IMITTEE ACTION MEETING OF FEBRUARY 9, 1998 RE: Buffalo Run Subdivision Phase 1 Revised Preliminary Plat RECEIVED FEB 12 1998 __ __ CITY OF KENAI The proposed revised preliminary plat was conditionally approved by the Kenai Peninsula Borough Plat Committee. The conditions of approval are stated in the attached draft minutes. If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. This notice and unapproved minutes of the subject portion of the meeting were sent February 10, 1998 to: City of City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Advisory Planning Commission: n/a Survey Firm: Integrity Surveys, 605 Swires Drive, Kenai, Alaska 99611. Subdivider/Petitioner: Bill & Brenda Zubeck, Co-Trustees, 414 Swires Road, Kenai, Alaska 99611-8361. KPB File Number: 98-084 AGENDA ITEM D. CONSIDERATION OF PLATS 5. Buffalo Run Subdivision Phase 1 KPB FILE 97-084 [Integrity Surveys] Staff report as read by Maria Sweppy. Location: Swires Street within the City of Kenai Proposed Use: Need statement Zoning: Suburban Residential Sewer/Water. Sewer - On-site Water -City (Revised Preliminary) Plat Committee Meeting 2/9/98 Su orting Information: The plat before the Committee this meeting is to gain approval for Phase 1, the filing of which will accomplish easement vacations. Conditional approval to the overall design was granted by the Borough's Plat Committee on May 12, 1997. Kenai Planning 8 Zoning Commission approved the overall design on March 26, 1997 and approved revisions on May 14, 1997. Phase 1 was reviewed and approved by the City on January 4, 1998. Further revisions, unless specifically required by Commission action, will require a new submittal and fees. The vacation of the public use easement within the northem 30 feet was denied by the Planning Commission on July 14, 1997. The Kenai City Council granted an appeal on August 20, 1997. Within the northem boundary is an easement granted to Homer Electric Association. That easement was not vacated and remains in place.. The final plat is to clearly reference that the easement is still in place. Vacation of the easement within the southern portion of Lot 1 and Tract 1 was approved by the Planning Commission on July 14, 1997. This approval was not vetoed. At the time the petition to vacate was submitted and the hearing held, the plan was to dedicate a full 60 foot wide right-of-way, shown as Doris Avenue on the original preliminary plats. The attemative dedication was a factor in the recommendation to approve the vacation. Phase 1 curcently under review is also a revision. Lot 1 remains the same; however, the area designated Tract 1 was approved as several small lots with right-of-way dedication over the existing easement. Staff recommends dedicating the right-of-way between Swires Street and Tract 1. The boundary of the subdivision is incorrect. Swires Street is dedicated between the northern boundary of this subdivision and the southern edge of the southern public use easement. The plat does not clearly define the dedicated portion of Swires Street. This is to be corrected on the final plat. Submittal states that Tract 1 is to be subdivided at a later date under the existing preliminary approval. When Tract 1 is subdivided, it will be a subdivision of Tract 1 and will require a full review and fees. Only the unsubdivided remainder can follow through on the existing preliminary approval. Exception Requested: (1) Frontage on dedicated right-of--way -Tract 1 is being created for collateral in developing. Tract 1 has access to a public use easement for public access and utilities. FINDINGS Exception #1 Frontage on dedicated right-of-way 1. The dedication of the right-of-way south of Lot 1 and on through what is now shown as Tract 1 was a major factor in the recommendation to approve the vacation. 2. Vacating the northem portion of the easement leaves a substandard width at the intersection with Swires Street. ICENAI PENINSULA BOROUGH PLAT COMMITTEE FEBRUARY 9, 1998 MEETING PAGE 8 3. There are no guarantees that further subdivision and dedication will occur. Staff cannot recommend the exception be granted. Exception Requested: (2) The prior lot design is still planned but as a tract we will be able to phase the project. FINDINGS Exception #2 - Tract A to be allowed to be subdivided at a later date as a part of a phased plat. 1. The approval was for several lots. 2. The subdivider is choosing to revise the plan and create a 7.7162 acre tract. 3. Further subdivision will be a subdivision of an existing tract. 4. The future phases of this subdivision will come out of the unsubdivided remainder shown on this plat. Staff cannot recommend this exception be granted. 20.24.010 provides that the Commission/Committee may authorize exceptions to any of the requirements set forth in Title 20. This section also states -The commission shall find the following facts before granting any exceptions: 1. That special circumstances or conditions affecting the property have been shown by the application; 2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent of this title; 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property;in the area in which said property is situated. Staff requests and recommends the Committee make their findings and vote on the requested exceptions in ~ separate motions. STAFF RECOMMENDATIONS: Grant approval of the revised preliminary plat subject to any above recommendations, and the following conditions: REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: 1. Provide correct scale of the plat drawing. 2. Show section line easement(s). If vacated, reference the vacation plat. 3. Show existing easements. ADDITIONAL RECIUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 4. Survey and monumentation to meet Ordinance requirements; or an exception having been granted. 5. Provide or correct dedication and/or approval statement(s) with notary's acknowledgement as needed. Plat approval date. 6. Conform to conditions of KPB Planning Commission Resolution 78-6. 7. Compliance with Chapter 20.16.155 D and 20.14 Wastewater Disposal regulations. 8. Compliance with Ordinance 90-38(Substitute) -Ownership. 9. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing of plat is sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. Note: Appeal may be taken from the decision of the plat committee to the planning commission acting as platting board by filing written notice thereof with the borough planning director within 10 days after I notification of the decision of the plat committee by personal service, service by mail, or publication. KENAI PENINSULA BOROUGH PLAT COMMITTEE FEBRUARY 9, 1998 MEETING PAGE 9 (2.40.080 Borough Code of Ordinances) END OF STAFF REPORT Commissioner Whitmore-Painter entertained a motion for Exception No. 1, frontage on dedicated right-of--way. MOTION: Chairman Hammelman moved, seconded by Commissioner Johnson, to grant an exception to frontage on dedicated right-of-way. Chairman Hammelman asked if there had been any changes since preparation of the staff report. Mr. Best replied no. The original preliminary dedicated a road along the easement. The revised plat substantially changed the road configuration. Tract 1 was originally divided into several small lots. Mr. Best held up the original preliminary plat and pointed to Tract 1, which is being proposed to be subdivided into small lots sometime in the future as another phase. Staffs position is if the area is designated a tract, additional subdivision of the property is a resubdivision and needs to be considered a new preliminary submittal. Commissioner Johnson inquired about the right-of--way that was vacated. Mr. Best explained the vacation approval was based on dedication being granted. However, the revised preliminary does not provide the dedication. Commissioner Whitmore-Painter asked if anyone in the audience wished to comment on the plat. No requests to speak were heard. VOTE: The motion failed unanimously. HAMMELMAN HENSLEY JOHNSON WHITMORE-PAINTER FOUR NO NO NO NO NO Commissioner Whitmore-Painter entertained a motion for Exception No. 2, Trad A to be allowed to be subdivided at a later date as part of a phased plat. MOTION: Commissioner Johnson moved, seconded by Commissioner Hensley, to allow Tract A to be subdivided at a later date as part of a phased plat. VOTE: The motion failed unanimously. HAMMELMAN HENSLEY JOHNSON WHITMORE-PAINTER FOUR NO NO NO NO NO Commissioner Whitmore-Painter entertained a motion for the plat. MOTION: Chairman Hammelman moved, seconded by Commissioner Hensley, to grant approval to the preliminary plat subject to staff recommendations. Ms. Sweppy asked if the Committee needed to accept the findings. Commissioner Whitmore-Painter replied no. Chairman Hammelman inquired about approval of the plat since the exceptions were denied. Mr. Best replied the staff report required a dedication of a portion of an easement adjacent to Tract 1 so it will have dedicated right-of--way. With regard to the second exception, further subdivision of Tract 1 will require a new preliminary submittal instead of being another phase. Mr. Best commented it was mostly a matter of submittal fees. KENAI PENINSULA BOROUGH PLAT COMMITTEE FEBRUARY 9, 1998 MEETING PAGE 10 ,!~ ,. ,, ,.: ~~ VOTE: The motion passed by unanimous consent. HAMMELMAN HENSL.EY JOHNSON WHITMORE-?HINTER FOUR YES YES YES YES YES KENAI PENINSULA BOROUGH PLAT COMMITTEE FEBRUARY 9, 1998 MEETING PAGE 11 1 ~. c. KENA1 PENINSULA BOROUGH 144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 I •• . ~ °v.,~. _.~y ADMINISTRATIVE APPROVAL SUBDIVISION: RUBY'S DAZZLING SCENIC VIEW S/D KPB FILE 94-012 MIKE NAVARRE MAYOR THE KENAI PENINSULA BOROUGH PLANNING COMMISSION HAS REVIEWED THE ABOVE SUBDIVISION PLAT. ADMINISTRATIVE APPROVAL HAS BEEN GRANTED BY THE UNDERSIGNED ON FEBRUARY 11,1998. THE TIME LIMIT FOR FILING THE PLAT WITH THE DISTRICT RECORDER RILL EXPIRE ONE YEAR FROM APPROVAL DATE. -~ R BBIE HARRIS PLATTING OFFICER NOTARY ACKNOWLEDGEMENT: SUBSCRIBED AND SWORN BEFORE ME THIS 1 ~- DAY OF r , 1998. NOTARY PUBLIC FOR STATE OF S MY COMMISSION EXPIRES: -1 `~'1c1 N~fARY PUBLIC STATE OF ALASKA MARIA E. SWEPPY SURVEY FIRM HAS BEEN ADVISED OF ADDITIONAL REQUIREMENTS, IF ANY, TO BE COMPLIED WITH PRIOR TO FILING PLAT WITH DISTRICT RECORDER. ~~ RECEIVED ~~. + 591999 CITY OF KENAI :~~~< r L~IWUf! nesw~u~..~ %!!r ' City of Kenai, 210 Fidalgo, Suite 200, Kenai, AK 99611-7794 Fax To: Peninsula Clarion (Attn: Suelf"eny) From: Marilyn Kebschull Fax: 907-283-3299 Pages: (One) Phatse 907-283-7551 Date: Febn.Iary 26, 1998 Re: PUBLIC HEARING NOTICE CC: File ^ Urgent ^ For Re~riew ^ Please Comment X Please Reply ^ Please Recycle Sue: I would like to run the following announcement on March 4 & 6, 1998. Bill this under the open purchase order. Thanks. February 26, 1998 CITY OF KENAI PLANNING AND ZONING COMMISSION 210 FIDALGO STREET, SUITE 200 KENAI, ALASKA 99611-7794 http: //www. Kenai. net/city PUBLIC HEARING NOTICE The following public hearing has been scheduled for the Planning and Zoning Commission Meeting of March 11, 1998. PZ98-07-An application for a Variance Permit for an oversize sign with internal lighting for the property described as Lot 1, Grace Brethren & Beck Property Replat, 406 McCollum Drive, Kenai, Alaska. Application submitted by Kenai Grace Brethren Church, Christopher A. Hay, Pastor, 406 McCollum Drive, Kenai, Alaska 9961 1. PZ98-08-An application for a Variance Permit for an oversize sign for the property described as Lots 6, 7, 8, Block 3, Thompson Park Subdivision, 5455 Kenai Spur Highway, Kenai, Alaska. Application submitted by Spur Road One Stop, Reann D. Pitts, 5455 Kenai Spur Highway, Kenai, Alaska 9961 1. PZ98-09-An application for a Conditional Use Permit for a retail business for the property described as Lot 8, Block H, Beaver Creek Alaska Subdivision, 5040 Beaver Loop Road, Kenai, Alaska. Application submitted by Tom & Vicki Fruichantie, 5040 Beaver Loop Road, (P.O. Box 2266), Kenai, Alaska 99611. The Meeting will commence at 7:00 p.m. in the Kenai City Council Chambers. Anyone wishing to present testimony concerning this application should do so at the hearing or submit written comments to the Cit of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 99611-7794 prior to Feb y 11th. For more information contact Jack La Shot or Marilyn Kebschull at 283-7933. G4t~c.~ Publish: March 4&6, 1998 • Page 2 210 FIDALGO, SUITE 200, KENAI, AK 99669-7794 (907) 283-7933 ~'7 To: Sue Fax: 283-3299 From: Marilyn Kebschull Pages: 1 Phone: 283-7551 Date: February 6, 1998 Re: ADVERTISEMENT CC: FILE ^ Ur+gent ^ For Review ^ Please Comment Please Reply ^ Please Recycle ~ Comments: Please publish the following advertisement on Monday, February 9, 1998. This will be charged against the open Purchase Order you have. Thanks. CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** KENAI CITY COUNCIL CHAMBERS February 11,1998 at 7 p.m. http://www.Kenai.net/city 1. CONSIDERATION OF PLATS: 2. PUBLIC HEARINGS: a. PZ98-05-Variance for side yard setbacks-Lot 6, Block 5, Inlet View Subdivision, Third Addition, Part 1, 312 Rogers Road, Kenai, Alaska. Application submitted by Dennis & Kelly GifFord. 3. NEW BUSINESS: a. PZ98-06-Home Occupation Permit (Daycare}-Lot 7, Block N, Woodland Subdivision, Part 3, 712 Maple Drive, Kenai, Alaska. Application submitted by Rachele Martin. b. Request to Purchase Lot 12, Block 2, Mooring by the River SD -Richard Swarner 4. OLD BUSINESS: The public is invited to attend and participate. For further information call 283-7933. Marilyn Kebschull Administrative Assistant Publish: February 9, 1998 210 FIDALGO, SUITE 200, KENAI, AK 99669-7794 (907)283-7933 S! I. ~ To: Sue From: Marilyn Kebschull Fax: 283-3299 Pages: 1 Phone: 283-7551 lute: February 20, 1998 Re: ADVERTISEMENT CC: FILE ^ Urgent ^ For Review ^ Please Comment Please Repty ^ Please Recycle • Comments: Please publish the following advertisement on Monday, February 23, 1998. This ~ will be charged against the open Purchase Order you have. Thanks. CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** KENAI CITY COUNCIL CHAMBERS February 25,1998 at 7 p.m. http://www.Kenai.net/city 1. CONSIDERATION OF PLATS: 2. PUBLIC HEARINGS: 3. NEW BUSINESS: a. Development Requirements Table -Review 4. OLD BUSINESS: The public is invited to attend and participate. For further information call 283-7933. Marilyn Kebschull Administrative Assistant Publish: February 23, 1998