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Home My WebLink AboutResolution No. 2007-44Suggested by: Planning & Zoning CITY OF KENAI RESOLUTION NO. 2007-44 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, GRANTING A PARTIAL EXCEPTION TO THE SUBDIVISION REGULATIONS CONTAINED IN KMC 14.10 FOR EAGLE BLUFF SUBDIVISION AS ALLOWED UNDER KMC 14.10.090. WHEREAS, the Planning and Zoning Commission reviewed and recommended approval of Eagle Bluff Subdivision on August 10, 2005; and, WHEREAS, the Planning and Zoning Commission recommended Eagle Bluff Subdivision's approval contingent upon the following: 1) an exception for the layout of Lots 16, 17, and 18 because they do not meet the minimum width required for the Rural Residential zone; and, 2) an exception to KMC 14.10.070(d)(3) which prohibits dead end streets over 1,000 feet in length because the Swires Road Extension results in a dead-end street over 1,000 feet in length; and, WHEREAS, on September 12, 2005, the Kenai Peninsula Borough granted an exception to the maximum cul-de-sac length (dead end street) due to the topography, existing wetlands and adjacent land use; and, WHEREAS, the property owner would like to proceed with development of Eagle Bluff Subdivision; and, WHEREAS, KMC 14.10.090 allows the Kenai City Council to modify the subdivision requirements in KMC 14.10 where because of the unusual size, shape, or conditions of the tract the strict application of the requirements would result in real difficulties, substantial hardship or injustice to the subdivider if the public welfare and interests of the City and surrounding property can be adequately protected by the modifications; and, WHEREAS, it is in the best interest of the City of Kenai to grant exceptions for the minimum lot width and the length of Swires Road Extension as allowed under KMC 14.10.090. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Eagle Bluff Subdivision is granted a partial exception to the development requirements of KMC 14.10 as noted above. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of July, 2007. .~.. ) PAT PORTER, MAYOR ATTEST: ~~f Carol-~Clty Clerk ~, "`. ~- ~_. tl7ecityaf KENA~ SKA ir~`ffay~e WGt>f1 a Plx~St GGty WltYl a FGG~GtYC/> 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 1~III•I 1992 MEMO: TO: Rick Koch, City Manager FROM: Jack La Shot, Public Works Manage~[~1',, //// ,,1 FROM: Marilyn Kebschull, Planning Administrator DATE: June 19, 2007 SUBJECT: Eagle Bluff Subdivision -Exception (KMC 14.10.090) In August 2005, the Planning and Zoning Commission reviewed and recommended approval of the preliminary plat for Eagle Bluff Subdivision. This subdivision is located south of the Kenai Golf course. The development will require a dedication and extension of Swires Road through the golf course property. City Council approved this dedication on August 17, 2005. The City is in the process of drafting an installation agreement for development of the right- of-way. When the plat was initially reviewed, it was noted that there were elements of the proposed plat did not meet the City's zoning requirements. The Commission approved the plat with requirements for the final approval. Those requirements were: • Installation agreement required. Improvements will be identified when the drawings are submitted and approved by the City. A formal agreement will be required at that time. • Plat should show street right-of-way as Swires Road. • Construction on Lots 17 and 18 will not be allowed in the area not meeting minimum lot width requirement of 90 feet. Setback will be measured from the point in the lot where the lot meets minimum lot width. Note should be placed on plat. • Plat must include signature lines for the City of Kenai and Lessee. A minimum 50-foot radius dimension for the cul-de-sac (end of the road) is required. Eagle Bluff Subdivision -Exception (KMC 14.10.090) Page 2 Swires Road extension will result in a dead-end street over 1,000 feet in length. Kenai Municipal Code 14.10.070(d)(3) prohibits dead end streets over 1,000 feet in length. An exception will be required. Kenai Municipal Code 14.10.070 (h) requires easements along streams. The proposed subdivision crosses Boat Launch Creek. A 10-foot easement is required on each side of the stream. • Utility easements as required in KMC 14.10.070(c) are not shown on the plat and are required at least 10 feet on street side of each lot. The Borough approved the preliminary plat requiring that the plat be returned to the City of Kenai for action on any exceptions needed to meet the City's zoning. Kenai Municipal Code 14.10.090 states: "Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in these regulations would result in real difficulties, substantial hardship or injustice, the City Council; after report by the Pianning Commission, may vary or modify such requirements so that the subdivider may develop his property in a reasonable manner, but so that at the same time, the public welfare and interests of the City and surrounding areas are protected and the general intent and spirit of these regulations preserved. (KMC 14-21)" The topography and location of this plat, appear to meet the requirements of KMC 14.10.090 and staff is recommending that Council approve the following two exceptions: 1. Construction on Lots 16,17 and 18 will not be allowed in the area not meeting minimum lot width requirement of 90 feet. Setback will be measured from the point in the lot where the lot meets minimum lot width. Note should be placed on plat. 2. Swires Road extension will result in a dead-end street over 1,000 feet in length. Kenai Municipal Code 14.10.070(d)(3) prohibits dead end streets over 1,000 feet in length. The Borough approved the exception for Borough standards on September 12, 2005. All other requirements by the Planning and Zoning Commission will be taken care of prior to the final plat being recorded. Attached is a copy of the preliminary plat, Planning & Zoning Commission Resolution PZ05-48, and an excerpt of the minutes from the August 10, 2005 Planning & Zoning Commission meeting. 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PZOS-48 SUBDIV LSION PLAT A RESOLUTION OP THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDNISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat Eaele Bluff Subdivision was referred to the City of Kenai Planning and Zoning Commission on July 22, 2005, and received from McLane Consultine, Inc. WI~REAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR-Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Not Available. 3. Plat does not subdivide property within a public improvement district subject to special assessments. There is not a delinquency amount owed to the City of Kenai for the referenced property. 4. Installation aereement or construction of improvements is required. 5. Status of surrounding land is shown. 6. Utility easements, if required, shall be shown. 7. Plat shall verify that no encroachments exist. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. See Page 2 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF TFIE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVES EAGLE BLUFF SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, 054b Res,doc Additional Requirements: Page 2 I. Installation agreement required. Improvements will be identified when the drawings are submitted and approved by the City. A formal agreement will be required at that time. 2. Plat should show street right-of--way as Swires Road. 3. Construction on Lots 17 and 18 will not be allowed in the area not meeting minimum lot width requirement of 90 feet. Setback will be measured from the point in the lot where the lot meets minimum lot width. Note should be placed on plat. 4. Plat must include signature lines for the City of Kenai and Lessee. 5. A minimum 50-foot radius dimension for the cul-de-sac (end of the road) is required. 6. Swires Road extension will result in a dead-end street over 1,000 feet in length. Kenai Municipal Code 14.10.070(d)(3) prohibits dead end streets over 1,000 feet in length. An exception will be required. 7. Kenai Municipal Code 1.4.10.070 (h) requires easements along streams. The proposed subdivision crosses Boat Launch Creek. A 10-foot easement is required on each side of the stream. 8. Utility easements as required in KMC 14.10.070(c) are not shown on the plat and are required at least 10 feet on street side of each lot. 4-a. PZOS-48 -Preliminary Plat -Eagle Bluff Subdivision. Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. MOTION: Commissioner Bryson MOVED to recommend approval of PZOS-48 with the incorporation of staff comments. Commissioner Eldridge SECONDED the motion. Administrative Assistant Carver reviewed the staff report which was included in the packet. She noted: • The plat would subdivide 18 lots from an 80-acre parcel. • All the lots would meet the lot size for the zone. • With the dedicated right-of-way, a 3.09 acre tract would also be subdivided from the Kenai Golf Course property. • On-site water and sewer would serve the lots. • The lots would need to meet minimum size required by the Alaska Department of Environmental Conservation (ADEC). • Lots 17 and 18 would not meet the minimum lot width of 90 feet as required by the Kenai Municipal Code development standards and an exception would be required for the minimum width. • Construction on Lots 17 and 18 would not be allowed in the area not meeting the minimum lot width requirement (the setback would be measured from the point in the lot where the lot meets minimum lot width). • A note should be placed on the plat. • A minimum 50 foot radius dimension for the cul-de-sac would be required. Swires Road. An exception would be required for the resulting dead-end street on • Utility easements, as required by Code, were not shown on the plat but would be required at least ten feet on street side of each lot. • Staff recommended approval with the requirements noted. Commissioner Bryson asked if the City of Kenai would be signing the plat and Carver confirmed it would, along with the lessees of the golf course. Bryson asked if any platting would occur on the golf course tract with regard to this issue and Carver answered no. Sam McLane, Surveyor -- Reported the following: • They had been working with the City on the project. • They initially called the access a wide right-of-way and then considered an easement. However, with current public safety concerns, it was decided a dedicated right-of--way would be cleaner. • Aturn-around would be in place for egress. • Efforts to acquire all the Corps permits had taken some time, however wetland issues had been resolved and the Corps indicated the remaining permits would be forwarded in the near future. PLANNING & ZONING COMMISSION MEETING AUGUST 10, 2005 PAGE 2 • A ten-foot culvert would be installed due to wetland concerns. • The developer may do the work in phases due to the cost in crossing the stream. • Because of the distance from water/sewer utilities, it was decided to require on-site water and sewer. VOTE: Amen Yes Barrett Absent Glick Yes j Hammelman ~ Absent Bryson ~ Yes ~ Twait Yes - Eldridge ~ Yes ~ MOTION PASSED UNANIMOUSLY. 4-b. PZOS-49 -Preliminary Plat -Boat Ramp Subdivision (a Re-subdivision of Government Lot 2). Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. MOTION: Commissioner Eldridge MOVED for approval of PZOS-49 and Commissioner Amen SECONDED the motion. Carver reviewed the staff report included in the packet and noted: • The plat subdivides 6.546 acres from a 31.5-acre parcel. • The small parcel would not have water and sewer available. • The smaller lot was identified as the property to be traded for wetland property to provide additional access to the boat dock. • Staff recommended approval of the plat. Bryson asked the size of the tract being traded and Carver indicated 93.13 acres for the six acres plus $10,000 to even the trade to the appraised values. VOTE: Am Yes Barrett Absent Glick _ 'Yes ~ Hamrnelman Absent Bryson ~ Yes Twait Yes Eldridge ; Yes ~ ~ ~ MOTION PASSED UNANIMOUSLY. 4-e. PZO5-50 -Preliminary Plat -Shill's Estate (a subdivision replat to vacate the five lots of Porter's Acres Subdivision). Plat submitted by Jesse Lobdell, P.O. Box 7517, Nikiski, Alaska. MOTION: PLANNING & ZONING COMMISSION MEETING AUGUST 10, 2005 PAGE 3 Page 1 of 1 Marilyn Kebschull From: Stan A. "Sam" McLane [samclane@mclanecg.com] :Sent: 29 May, 2007 3:08 PM To: Marilyn Kebschull Cc: dougjones@gci.net Subject: Eagle Bluff Subdivsion Marilyn: Doug may be moving forward on the golf course property this summer. Are we good to go with the attached plat as far as the city PC is concerned? I've got the list of comments and exceptions we need. S. A. Sam McLane No virus found in this outgoing message. http://www.avg-antiviras.net/ Checked by A VG. Version: 7.5.472 /Virus Database: 269.83/824 -Release Date: 5/29/2007 1:01 PM 05/29/2007