HomeMy WebLinkAboutResolution No. 2013-36Suggested by: Administration
CITY OF KENAI
RESOLUTION NO. 2013 -36
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, GRANTING
PUBLIC WATER AND SEWER SYSTEM EXCEPTIONS TO KMC 14.10.080, MINIMUM
IMPROVEMENTS, FOR KEE'S TERN SUBDIVISION PURSUANT TO KMC 14.10.090,
VARIATIONS AND EXCEPTIONS.
WHEREAS, the Planning and Zoning Commission reviewed a preliminary plat for Kee's
Tern Subdivision on December 28, 2012, and recommended approval subject to
certain conditions on January 9, 2013; and,
WHEREAS, on May 22, 2013, the Planning and Zoning Commission amended its
recommended conditions imposed for approval; and,
WHEREAS, Planning and Zoning Commission Resolution No. PZ13 -25, passed on May
22, 2013, recommends that the City Council Approve Exceptions to KMC
14.10.080(e)and(fl, Minimum Improvements Required, to waive the requirement that
the developer of Kee's Tern Subdivision provide a public water supply and sanitary
sewer lines for each lot in the subdivision; and,
WHEREAS, at the Planning and Zoning Commission meeting on May 22, 2013, the
developer of the subdivision additionally requested an exception from building the
subdivision roads to City standards and instead requested the roads be built to Kenai
Peninsula Borough standards, however the Planning Commission took no action on
this request; and,
WHEREAS, KMC 14.10.090, variations and exceptions allows for the City Council to
vary or modify the minimum subdivision requirements, after a report by the Planning
and Zoning Commission so that the sub - divider may develop the property in a
reasonable manner while at the same time protecting the public welfare and interests
of the City, surrounding areas, and general intent and spirit of the development
requirements when the tract to be subdivided is of unusual shape or size or is
surrounded by such development or unusual conditions that strict application of the
improvement requirements would result in real difficulties, substantial hardship, or
injustice; and,
WHEREAS, waiving the requirement of KMC 14.10.080(e) requiring the provision of a
public water supply to each lot is reasonable as the proposed lot sizes are over 40,000
square feet and can adequately support on site water, City fire protection is available
and onsite water is consistent with the surrounding neighborhood; and,
Resolution No. 2013 -36
Page 2 of 2
WHEREAS, waiving the requirement of KMC 14.10.080(fl requiring the provision of
sanitary sewer lines to serve each lot is reasonable as the lot sizes are over 40,000
square feet and can adequately support on -site sewer systems, bringing a sewer
system to the subdivision is cost prohibitive as it would require boring under the
Kenai Spur Highway, and soils are adequate to support on -site waste water; and,
WHEREAS, the Planning and Zoning Commission conditioned its recommendation for
exceptions to water and sewer requirements that if water and sewer are extended to
the first entrance to the subdivision prior to the full development of the subdivision
and installation of other utilities, water and sewer must be extended to serve the
subdivision.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA,
Section 1. That pursuant to KMC 14.10.090, the City Council waives the
requirements in KMC 14.10.080 that require the developer to provide a public water
system and sanitary sewer lines to each lot in the subdivision based on the findings
stated above.
Section 2. That if water and sewer are extended to the first entrance to the
subdivision prior to the full development of the subdivision and installation of other
utilities, water and sewer must be extended to serve the subdivision.
Section 3. Council's action to provide for a waiver for the request for public water
and sewer shall be revoked if the subdivision or individual phases of the subdivision
are not complete and accepted by the City within ten (10) years of this action.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June,
2013.
R "VCE
ATTEST:
S
Sandra Modigh, City Clerk
u
"'Villaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 �d
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1IIIIi
1992
MEMO:
TO: City Council
/It FROM: Rick Koch, City Manager
DATE: May 29, 2013
SUBJECT: Resolution 2013 -36, Kee's Tern Subdivision, Road Standards
The purpose of this correspondence is to provide information to the Council regarding a
request from the developer of the above referenced subdivision to vary from the road
standard provided for in the Kenai Municipal Code.
At the Planning & Zoning Commission meeting of May 22, 2013, the Commission
considered a request to waive the requirement for public water and sewer systems in
the Subdivision. Administration transmitted a memorandum to the Commission
recommending that the code requirements for water and sewer be waived.
At the P & Z meeting the developer, during the comment period for the resolution to
waive water and sewer, requested that the P & Z Commission also waive the City's
code requirement for roadway standards, and instead allow the developer to build to
"Borough Standards."
The developer made the request directly to the Commission without any discussion with
the Administration. Additionally, there was no formal proposal, or detailed alternative to
be considered. The developer's consultant testified that there were many minimum
standards of roadways that were of a lesser standard than what is required by the City
and that the City should therefore allow for a lesser standard of construction.
I testified before the Commission and respectfully suggested that they should not
consider this undefined, verbal request that was coming before them without any notice,
and without a detailed request from the developer with the benefit of administrative
review.
The Commission agreed with my request and asked the City Manager if it was possible
that the developer work with Administration to consider an alternative roadway design.
Then, assuming the alternative design was acceptable to the Administration and the
developer, could Administration take a request for a variance of the road design directly
to the Council at the June 5th Council meeting without the road standard variance
having to come back before the P & Z Commission?
My short response was, "I'm not sure, but I believe that Council could probably consider
this if they wanted to." I also told them that Council's decision could be to send it back to
the Commission and request a report as required by KMC 14.10.090 Variations and
exceptions.
I received the attached Exhibit A) correspondence from the developer's consultant on
the afternoon of May 28 h (correspondence is dated May 23rd). I reviewed the proposed
road standard and discussed the matter with the Public Works Director. The standard,
while probably meeting minimum standards for certain jurisdictions is not acceptable. It
will result in increased maintenance costs, and if upgraded to a paved standard in the
future, increased construction costs over the standard required in code, or alternatives
deemed acceptable by the City. During my discussion with the consultant he informed
me that while their proposed standard drawing identifies both paving and crushed
aggregate base course it is not the developer's intent to install either of these items.
The City responded to the developer's consultant the afternoon of May 28th by
transmitting a marked -up version of the developer's proposed standard (Attachment B).
The Administration's proposed changes to the developer's submittal was to increase the
overall width of the section by two feet, and require the surfacing material to be a
minimum of four inches of crushed aggregate base course. The effect of these changes
is to provide adequate roadway surface for the future construction of two, twelve foot
paved driving lanes, and to install four inches (4 ") of crushed aggregate base course to
minimize maintenance of the non -paved roadway.
I spoke with the developer's consultant during the late morning of May 29th. I informed
him I had a deadline of that day to have materials in the packet for the June 5, 2013
Council meeting and that I needed to know by 2:30 PM if the developer agreed with the
City's alternative standard. Further, I informed him if the developer /consultant did not
respond there would not be a resolution in the packet addressing a variance for the road
standard in Kee's Tern Subdivision, but that Administration would include an
informational item to provide a status report to the Council.
At this juncture there are three roadway standards that are acceptable to the
Administration. They are described as follows:
Per KMC 18.10.030. All streets and public ways shall be graded to their full
width, as required by the City Manager to the appropriate grade, and shall be
surfaced to a minimum of thirty feet (30'), and all major streets shall be
surfaced to a minimum width of forty feet (40'). The cross section of
construction shall contain non -frost susceptible material to a depth of forty -
two inches (42 ") or down to sand, as required by the City Manager, from the
grade approved by the City, then there shall be added non -frost susceptible
material eighteen inches (18 ") of the normal surface grade of the adjacent
lots; or as established by the City Manager, there shall be added thereon
gravel approved by the City Manager for a depth of six inches (6 "), so the
crown of the finished street shall be not less than twelve inches (12 ") from
normal surface grade of the adjacent lots before compaction of the gravel.
Such construction shall be subject to inspection and approval by the City
Manager, and shall apply with all City standards for construction. (Exhibit C)
2. Alternative #1. A paved standard with two (2), twelve foot (12) driving lanes
with one -foot (1') shoulders, over two inches (2 ") of crushed aggregate base
course, over a minimum of thirty -six inches (36 ") of non -frost susceptible
material as approved by the City Manager. (Exhibit D)
3. Alternative #2. The proposed standard submitted by the developer (Exhibit
B) including modifications proposed by the City. A twenty -six foot (26') non -
paved surface consisting of four inches (4 ") of crushed aggregate base
course over six inches (6 ") of two inch minus ( -2 ") gravel sub -base, over
thirty -two inches (32 ") of non -frost susceptible borrow, or non -frost
susceptible native material.
Absent an agreement between the Administration and the developer for a roadway
standard in Kee's Tern Subdivision, and assuming the developer will come before
Council at the June 5th meeting, requesting Council action on this issue, Administration
recommends the following *:
1. Council approve a variance of the roadway standards to include any of the
three alternative designs acceptable to the Administration and described it
this document.
2. That Council does not consider any other alternative designs, other than
those acceptable to the Administration, without requiring the developer to
follow the process for provided for in code, KMC 14.10.090
* The City Clerk and /or City Attorney should provide guidance about whether Council
action on this issue meets public notice requirements.
Without getting into a long philosophical discussion on road standards, and there are an
almost limitless number of standards, it's important to recognize the City, within reason,
has the ability to set its own standards, and the City has done that in Chapter 18.10 of
the Kenai Municipal Code. Could the code provide more detailed guidance, yes, but the
code requirements as written, do not result in the construction of sub - standard, or gold -
plated roadways. The Kenai Peninsula Borough has adopted different standards than
the City of Kenai, for residential subdivisions some of the Borough standards result in a
roadway of lesser quality being constructed. This doesn't mean they are substandard,
only that they meet a lower standard.
Without researching the standards employed by Municipalities and Boroughs
throughout the State I am aware that the standards for residential roadway construction
employed by the Municipality of Anchorage, Matanuska Susitna Borough, and the City
of Palmer, exceed the standards of the Kenai Peninsula Borough, as does the City of
Kenai.
The City prides itself in actively improving the overall standard of quality of the
roadways for which the City is responsible. Over the past five years the City has
improved and paved over three miles of gravel surfaced roads. Some of these newly
paved roads are to a lesser standard than two, twelve foot driving lanes because that is
what we had to work with. Oftentimes the scope of work for existing roadway
improvements is based on a balance between the cost residents are willing to pay
through an LID process and the real /perceived value of the improvements to the
property owners.
Just because a few newly paved residential roadways have been paved to a narrower
standard that shouldn't be confused with a narrower roadway width being acceptable in
a new subdivision.
Thank you for your attention in this matter. If you have any questions, please contact
me at your convenience.
attachments
WINCE — CORTHELL — BRYSON
Consulting Engineers
Box 1041 Kenai, Alaska 99611
Phone 907 - 283 -4672 Fax 907 - 283 -4676
E -Mail cmadden@.wcbalaska.com
TO: City Administration and Council
FROM: Casey Madden, P.E.
SUBJECT: PZ 13 -25, Kee's Tern Subdivision, Street design variance request
DATE: May 23, 2013
On behalf of Ed and Kathy Martin, owners of the subject property, I am submitting the following
request for a variance from the current requirements of KMC 14.10.080 and 18.10.030,
specifically a variance from the required 30 foot gravel street width to a lesser width of 26 feet.
RELEVENT CONDITIONS: Kee's Tern Subdivision is located across the Kenai Spur Road
from Thompson Park Subdivision and fronts on the north side of North Dogwood Road. The
parcel contains 35 acres and is proposed to be subdivided into 24 lots of 1.0 to 1.3 acres in size.
The lots will be served by three minor low volume streets serving 6 to 10 lots each with an
estimated maximum daily traffic volume of about 50. The Streets were cleared and excavated to
a sand subgrade years ago but never completed. A copy of the preliminary plat is attached as
Attachment One.
CITY CODE: Current code, for minor streets such as these, requires a minimum of a 30 foot
graded surface, topped with an approved 6 inch gravel surface course providing a finish
centerline grade within 12 inches of adjacent property and graded to drain with 24 inch deep
ditches. The City Manager provided the Martins a sketch of a typical street section that would
conform to the current code and is attached as Attachment Two.
DISCUSSION: More comprehensive design standards are available that provide dimensional
requirements based on variable traffic conditions. Being familiar with the various standards
applied by the Kenai Peninsula Borough for various categories of roads in rural settings such as
this, the Martin's requested me to develop a recommendation for an appropriate street section
based on accepted Industry Standards we regularly use for street and highway design and
construction. My evaluation is not based on the roughly 15 % saved in construction but solely
by the merits of expected traffic conditions, street geometrics and safety.
Based on my evaluation a 26 foot gravel surfaced road with a properly designed section depth
would provide a safe and maintainable travel way that could be upgraded to a paved surface of
adequate width in the future. My recommended section drawing is attached as Attachment
Three.
Philip W. Bryson PE (retired) elan N. Corthell PE ^ Frank W. Wince PE (Deceased))
Mark E. Blanning PE �/�I E. Casey Madden PE
EXHI817
�oA @ of
ANALYSIS and JUSTIFICATION: As mentioned above the Kenai Peninsula Borough Title
14, Chapter 14.06, Road Construction Standards, provides standards based on the lot density
served by the road. In this case Kee's Tern Subdivision streets, serving 10 and less lots each,
would be classified as Category I streets requiring a total gravel width of 20 feet or, if paved, a
paved width of 20 feet with 2 foot shoulders. The street widths increase in 2 foot increments as
the lot density increases. The Borough standards go on to require stripping of organics within 4
feet of grade, specifications for sub base and base material and section depths as well as for
maximum horizontal and vertical alignments.
The American Association of State Highway and Transportation Officials ( AASHTO) provides
what is universally accepted as the industry standards for design of all public transportation
systems. AASHTO bases its design standards on designations such as_ Local, Urban, Rural,
Collector, and Arterial as well as Average Daily Traffic counts (ADT), Design Speeds, and the
type of terrain in the area.
In this case Kee's Tern Subdivision streets would be designated Local Rural with a ADT range
of 50 -250 vehicles per day and would require, like the Borough, a paved travel way width of 20
feet with 2 foot shoulders. Section depth is not specified as it is site specific designed based on
several design methods involving soil mechanics and applied ADT and heavy truck loading.
AASHTO goes on to provide additional guidance for providing safe sight distance by limiting
horizontal and vertical alignments, clear zones, and the additional requirements that may be
needed for on street parking or larger vehicle use.
As both the Borough and AASHTO paved widths require a 24 foot finished surface, including
pavement and shoulders, constructing the street now, to gravel sub base grade would require a
width of 26 feet as shown on Attachment Three.
Over the past 35 years Wince Corthell Bryson has designed many of the City's Streets utilizing
the City and AASHTO standards. During the development of the design with the City the
designation of minor or major was established and if on street parking was going to require
additional width such as the 30 and 40 foot requirement accommodates.
Following is a table of some of the Kenai Streets we have designed over the past 35 years
showing their City ( AASHTO) designations and constructed sub base gravel width.
STREET
DESIGNATION
GRAVEL SUB BASE WIDTH
Candlelight Drive
Major (Collector)
30
Linwood Lane
Major (Collector)
30
Lawton Drive
Major (Collector)
30 -32
Spruce Street
Major (Collector)
32
Birch Street (paved)
Major (Collector)
32
Forest Drive (paved)
Major (Collector)
32
Kiana Street
Minor (Local)
24
Aurora Street Minor (Local)
Minor (Local)
24
Kaknu Street 25 Avenue
Minor (Local)
24
Thompson Park Streets
Both
22 -30
Philip W. Bryson PE (retired) Alan N. Corthell PE Frank W. Wince PE (Deceased))
Mark E. Manning PE �iB,.r. E. Casey Madden PE
2 or
I believe this analysis provides the justification and recommend the lesser width based on the
standards set by quantifiable design variables such as lot density and/or traffic volume as well as
the conditions that are provided by the existing City streets listed above.
We appreciate the Administrations assistance and the Councils consideration in this matter and
would also like to take the opportunity to encourage the City to consider developing
comprehensive design and construction standards that take into consideration quantifiable and
qualitative parameters.
Philip W. Bryson PE (retired) Alan N. Corthell PE /J Frank W. Wince PE (Deceased))
Mark E. Blanning PE EXHIBIT _�/� I E. Casey Madden PE
Page 3
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CITY OF KENAI
City Manager's Office
210 Fidalgo Ave. • Kenai, AK 99611
(907) 283 -8222 • Fax (907) 283 -3014
rkoch@ci.kenaj.ak.us
2opm ved S6-et
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SHEET NO v - OF
CALCULATED
CHECKED BY-
SCALD
CITY OF KENAI
City Manager's Office
210 Fidalgo Ave. • Kenai, AK 99611
(907) 283 -8222 • Fax (907) 283 -3014
rkoch@ci.kenai.ak.us
SHEET NO / OF
CALCULATED BY
CHECKED BY
P4�
FIF
" "V'llaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 illlll
1992
MEMO:
TO: Kenai City Council
THRU: Rick Koch, City Manager
FROM: Nancy Carver, Acting City Planner V/
DATE: May 29, 2013
SUBJECT: PZ13 -25 — Kee's Tern Subdivision Plat Improvement Exceptions
At the May 22, 2013, Planning & Zoning Commission meeting the Commission
recommended exceptions to KMC 14.10.080 Minimum Improvements Required for
PZ13 -25 Kee's Tern Subdivision.
1. "Grant an exception to KMC 14.10.080(e) - Public Water System; and
2. "Grant an exception to KMC 14.10.080(0 — Sanitary Sewer Service.
These exceptions were discussed with the developer and supported by administration.
At the May 22, 2013 meeting, the developer verbally requested that an exception also
be allowed with regards to road standards. The developer requested the roads be
allowed to be built to Borough standards as opposed to City standards. The Planning
and Zoning Commission did not make a recommendation with regard to road standards
and instead requested the City Manager to work with the developer to come to an
agreement with the developer to make a recommendation to Council.
Attached is the supporting resolution passed by the Planning and Zoning Commission.
/ t CITY OF KENAI
PLANNING AND ZONING COMMISSI
RESOLUTION NO. PZ13 -25 (13 -01)
tie aYyof SUBDIVISION PLAT I111PROVEMENT EXCI
KENAI, ALASKA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THE KENAI CITY COUNCIL APPROVE EXCEPTIONS TO
KMC 14.10.080, MINIMUM IMPROVEMENTS REQUIRED, BY NOT REQUIRING THE
DEVELOPER TO PROVIDE A PUBLIC WATER SUPPLY AND SANITARY SEWER LINES
FOR THE ATTACHED SUBDIVISION PLAT AND AMENDING PZ13 -01 TO REQUIRE
THAT ROADS BE CONSTRUCTED TO THE MINIMUM STANDARDS REQUIRED BY
CITY CODE.
WHEREAS, the attached plat KEE'S TERN SUBDIVISION was referred to the City of Kenai
Planning and Zoning Commission on December 28, 2012, and were recommended for approval on
January 9, 2013, subject to certain conditions; and,
WHEREAS, further review requires the City of Kenai Planning and Zoning Commission to amend
the minimum road standards imposed; and,
WHEREAS, the City of Kenai Planning and Zoning Commission must recommend to the City
Council the waiver of water and sewer requirements for Council approval.
It is recommended that the Kenai City Council approve the following exceptions to the
minimum improvements required for Kee's Tem Subdivision pursuant to KMC
14.10.090 Variations and Exceptions:
a. Public water system required pursuant to KMC. 14.10.080(e) not be required based on
the following findings:
i. Lot sizes are over 40,000 sq. feet, which are adequate to support on -site water.
ii. City fire protection is available.
iii. On -site water is consistent with surrounding neighborhood.
b. Sanitary sewer lines required pursuant to KMC. 14.10.080(f) not be required based on
the following findings:
i. Lot sizes are over 40,000 sq. feet, which are adequate to support on -site sewer.
ii. Cost prohibitive to boring under the Kenai Spur Highway.
iii. Soils are adequate to support on -site waste water.
2. Resolution PZ13 -01 is amended by repealing the requirement that the developer build
paved roads and instead require all streets in the subdivision be built to the minimum
standards required by City Code.
3. If water and sewer are extended to the first entrance to the subdivision prior to the full
development of the subdivision and installation of other utilities, water and sewer will be
extended to serve the subdivision.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, MAY 22, 2013.
Res. PZ13 -25 (Amending PZ13 -01)
L An Installation Agreement will be required: The City will work with the
property owner to develop the Installation Agreement after preliminary plat
approval. Improvements may include but not be limited to the following:
a. StFeets end drainage Plans must be desigaedmd eeastFaeted to
(a.) Design must be stamped by an engineer licensed in the State of Alaska.
(b.) Prior to construction, plans must be submitted to the City of Kenai for
review and acceptance.
c. Signage including but not limited to stop signs, speed limit signs and street
signs.
d. Back slopes must be top soiled and seeded.
e. After construction, the engineer must submit signed documentation that
the road was built to the standards approved in the submitted plans.
f. As -built drawings must be submitted to the City in both paper and digital
format (Adobe & AutoCAD).
2. Surveyor and property owner must work with the City of Kenai and the Kenai
Peninsula Borough when designating street names to ensure names meet City
and Borough regulations.
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ13 -01
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached p1atKEE'S TERN SUBDIVISION was referred to the City of Kenai
Planning and.Zoning Commission onDecember 28, 2012, and received fromsegesser Surveys
WHEREAS, 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 thecity of Kenai for the referenced
property.
4. Installation agreement or construction of improvementsIS required.
S. Status of surrounding land is shown.
G. Utility easements, if required, shall be shown.
7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create
nor increase the encroachment.
8. Street names designated on the plat are correct.
9. CONTINGENCIES:
a. See Page 2.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVEKEE'S TERN SUBDIVISION SUBJECT
TO ANY NEGATIVE FINDINGS AS STATED ABOVE,
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, JANUARY 9. 2013.
ATTEST:
41
PZ13 -01 Resolution
Page 2
I. Grant an exception to KMC 14.10.080(e) (Public Water System) and (f)
(Sanitary Sewer Service).
2. Installation agreement will be required: The City will work with the property
owner to develop the Installation Agreement after preliminary plat approval.
Improvements may include but not be limited to the following:
a. Streets and drainage plans must be designed and constructed to
Municipality of Anchorage Standard Specifications (2009 MASS)
b. Design must be stamped by an engineer licensed in the State of Alaska.
c. Prior to construction, plans must be submitted to the City of Kenai for
review and acceptance.
d. Streets will require a minimum 24 -foot paved surface, with 2 -foot
shoulders and approved excavation and backfill.
e. Signage including but not limited to stop signs, speed limit signs and street
signs.
f. Back slopes must be top soiled and seeded.
g. After construction, the engineer must submit signed documentation that
the road was built to the standards approved in the submitted plans.
h. As -built drawings must be submitted to the City in both paper and digital
fonnat (Adobe & AutoCAD).
3. Surveyor and property owner must work with the City of Kenai and the Kenai
Peninsula Borough when designating street names to ensure names meet City
and Borough regulations.
42
Nancy Carver 5� L,
From: Nancy Carver
;ent: Wednesday, May 22, 2013 3:08 PM
70: 'Kathleen, Ed Jr. & Ed III'
Subject: RE: letter to you, City of Kenai
I will make sure copies are available to the Commission tonight, and to the Clerk for Council.
Nancy J. Carver
Acting City Planner
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
907 -283 -8237
From: Kathleen, Ed Jr. & Ed III f mailto:keeconstructionllc@yahoo coml
Sent: Wednesday, May 22, 2013 2:27 PM
To: Nancy Carver
Subject: letter to you, City of Kenai
Dear Nancy,
I have attached a letter about our desire to build the roads in KEE's Tern Subdivision up to Kenai Peninsula
Borough Codes. Please see that it is passed onto all appropriate Cary of Kenai Staff, Commissions, Councils, etc.
i hope it can be accomplished at/during the Installment Agreement phase.
Phank you. Sincerely,
Kathleen Martin, Owner
(907)595 -1632 or (907)252 -8163
KEE Construction,11LC
I
Kathleen Martin
PO Box 521
Cooper Landing, AK 99572
Ph & Fax (907)595 -1632
May 22, 2013
Dear Nancy & all appropriate City of Kenai Staff,
Rick Koch, City Manager, conferred with the City Attorney and provided us with the
following City Code provisions that address road construction standards:
KMC 14.10.070 Subdivision Design Standards;
KMC 14.10.080 Minimum Improvements required;
KMC 14.20.320 Definitions;
KMC 18.10.020 Street Building Permits;
KMC 18.10.030 Street Improvements;
KMC 18.10.040 Street Drainage;
KMC 18.10.050 Curb Cuts and Driveways; and
there are also provisions in KMC 18.20 Excavations in City Streets by Contractors or Utility Companies,
that apply to excavation.
I went to the City of Kenai's website & printed them off so that we could use them as a
guideline as we go through this process of getting our plat approved by the City and go through
the construction phases of our development. I have done some comparison research and have
found that these codes are quite old and in need of upgrading to bring them up to industry
standards.
This is probably why it was originally suggested/recommended we construct roads to
Municipality of Anchorage Standard Specifications (MASS 2009). We objected to this because
MASS 2009 was never formally adopted by the City of Kenai, and has codes specific to
Municipality of Anchorage communities. The Municipality of Anchorage has a higher density
of people /traffic, water, sewer, electricity and natural gas utilities are more readily available, and
a higher rate of existing roads are paved that might be used to access a new development within
their municipality. In short, they don't reflect communities or conditions in our Borough.
Please notice item No. 4 under "Notes" on our preliminary plat for KEE's Tern
Subdivision. It states that:
1) Basis of bearing taken from Whoa Heights Subdivision part % flat X1834,
Kenai Recording District.
2) Building Setba a ck —A loWc of 20 fast is required from all street
Rights —of —Way unless a lessor standard Is approved by resolution
by the appropriate Planning Commission.
3) Alf waste disposal systems shall comply with existing laws at the
time of construction.
4) Roads must meet the design and construction standards established
by the Borough in order to be considered for certification and
inclusion In the Borough rood mointsnancs program.
5) Front 10 feet of the 20 toot building setback and the antis ptback
within 5 feet of the side lot lines is a utglty eosemmt. No permanent
structure sholl be constructed or placed within a utility easement
which would Interfere with the ability of a utility to use the
easement.
b) WASMWAIER DISPOSAI , Sall conditiorn& water We level, and sots
slopes In this subdivision have been found suitable for conventional
onslto wastewater treatment and disposal systems sentng skagie —family
or duplex residences and meeting the regulatory requirements of the
Kenai peninsula Borough, Any other type daft audte wastewater treatment
and disposal system must be designed by a professional srnglnes
registered to prdctioe in Alaska, and the design must be approved by the
Alaska Department of FAvironmental Conservation.
As the plat states, it has been our intention all along, and we still desire to, build the roads in
KEE's Tern Subdivision up to Kenai Peninsula Borough Standards as their applicable codes are more in
line with current industry standards (American Association of State Highway and Transportation Officials
(AASHTO) design manual entitled "A Policy on Geometric Design of Highways and Street ").
I am therefore notifying the City of Kenai that we intend to ask to build the roads in KEE's Tern
Subdivision to Kenai Peninsula Borough Standards. I believe this can be accomplished during the
"Installment Agreement " phase between us & the City. I do not believe I have to actually request a
waiver from the City Planning and Zoning Commission; they can only "recommend" a waiver correct?
I realize that the City of Kenai has not adopted Kenai Peninsula Borough Codes. I am
suggesting that the City of Kenai and Kathleen Martin, property owner of record on the preliminary plat
for KEE's Tern Subdivision, can come to an agreement that the roads in KEE's Tern Subdivision will be
built to meet Kenai Peninsula Borough Codes. We can meet to review said codes, and agree to what will
be required of us. I'm sure the City Attorney can provide both parties appropriate terminology for the
Installment Agreement.
I feel this is the best solution to update road standards at this time. Kenai Peninsula Borough
Codes have been designed to regulate areas within its confines, and when necessary to mention conditions
specific to certain communities it does so.
I thank you for your time and careful consideration in this matter.
Sincerely,
Kathleen A. Martin, Property Owner
(907)595 -1632 or(907)252 -8163
u
"X114 with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 ksftd
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tlll'I
1997
MEMO:
TO: Planning & Zoning Commission
FROM: Rick Koch, City Manager
DATE: May 17, 2013
SUBJECT: PZ13 -25, Kee's Tern Subdivision
The purpose of this correspondence is to address variations and exceptions to the
standards contained in KMC 14.10 Subdivision Regulations as they may apply to the
above referenced subdivision.
It is my understanding the developer /petitioner is requesting that the requirements for
the installation of an approved public water supply in subdivisions of ten(10) or more
lots per KMC 14.10.080(e), and the installation of sanitary sewer lines to serve each lot
when sanitary sewers are available for connection by the subdivider per KMC
14.10.080(f), be waived, varied, or modified by the City Council after a report by the
Planning & Zoning Commission (P & Z). Further, it is my understanding that the
developer is not requesting a waiver, variance, or modification from any other
requirements contained in the Kenai Municipal Code.
Request #1, To eliminate the requirement for a public water supply
Relevant Conditions: An existing water transmission main, available for connection by
the developer is located approximately 250 lineal feet from the subdivision. The
subdivision is comprised of lots in excess of 40,000 square feet in size, and meets the
Alaska Department of Environmental Conservation (ADEC) minimum lot size
requirements for on -site water and sewer systems.
Analysis: As stated above the proposed subdivision does not require a public water
supply to meet ADEC regulations. I considered the following criteria:
1. Fire protection. While fire protection of any homes /structures would be
enhanced by a public water supply which included fire hydrants, the existing
homes /structures in near proximity to the proposed subdivision are not served
by public water systems and receive fire protection from the Kenai Fire
Department through the use of tanker trucks.
2. Will there be future development(s) in the proximity of the proposed
subdivision that will need to be connected to an extension of the public water
system? Probably not, there is very little developable property to the west, the
proposed subdivision is bounded by the Beaver Creek Drainage to the north,
and much of the property to the south has already been developed as single
family residences having on -site water and sewer systems.
Recommendation: Administration recommends that P & Z's report to Council include a
recommendation that the code requirement for a public water supply be waived.
Request #2, To eliminate the requirement for installation of sanitary sewer lines
to serve each lot and to connect to a sanitary sewer collector if located within
1,500 feet of the subdivider's nearest lot line.
Relevant Conditions: A sanitary sewer collector is located approximately 400 lineal feet
from the subdivision. The sewer collector is located on the opposite side of the Kenai
Spur Highway. The cost of boring under the Kenai Spur Highway is estimated to be at
least $50,000 and could be greater given the depth of bury.
Analysis: Given the lot sizes the proposed subdivision does not require connection to a
public sanitary sewer system to meet ADEC regulations. I considered the following
criteria:
1. The cost of connecting to the City's sanitary sewer on the opposite side of the
Kenai Spur Highway. The cost for the connection and a system to serve this
large -lot subdivision is prohibitive and may well result in the development
being financially unfeasible.
Soils conditions being conducive to on -site sewer systems. There is no
reason to assume the soil conditions will not support on -site systems. There
are many on -site systems in operation in the immediate vicinity.
3. Health issues. There are no known health issues, such as contamination of
existing wells and /or groundwater.
Recommendation: Administration recommends that P & Z's report to Council
recommends that the code requirement for a sanitary sewer connection be waived.
Subdivision Road Standards
While not requested by the developer, the Administration requests that P & Z include an
acceptable alternative roadway design in its report to the City Council requesting that a
variance be approved by Council if the developer wants to construct the alternative
design rather than what is required in KMC 14.10.080(c) and KMC 18.10.030.
Attached as Exhibit "A" is a sketch of the roadway standard required in municipal code
(sheet 1) and a proposed alternative standard (sheet 2).
The developer will not be required to construct to the alternative standard, rather it is
simply for consideration by the developer.
Thank you for your attention in this matter
attachment
CITY OF KENAI
City Manager's Office
210 Fidalgo Ave. • Kenai, AK 99611
(907) 283 -8222 • Fax (907) 283 -3014
rkoch@ci.kenai.ak.us
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CITY OF KENAI
City Manager's Office
210 Fidalgo Ave. • Kenai, AK 99611
(907) 283 -8222 • Fax (907) 283 -3014
rkoch @ci.kenai.ak.us
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MEMO:
ye with a Past, Ci� with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Lsftd
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1'IPI
199]
TO: Planning & Zoning Commission
FROM: Nancy Carver, Acting City Planner
DATE: May 15, 2013
SUBJECT: PZ13 -25 — Kee's Tern Subdivision Plat Improvement Exceptions
At the May 8, 2013, Commission meeting the Commission directed Administration to
bring a resolution to the May 22, 2013 Commission meeting requesting exceptions to
PZ13 -01 Kee's Tern Subdivision.
• January 9, 2013, the City of Kenai Planning & Zoning Commission recommended
approval of PZ13 -01 with staff's recommendations.
• February 11, 2013, Kenai Peninsula Borough Planning Commission approved
the plat with the City's recommendations.
The property owner is requesting the Planning Commission grant exceptions to three
(3) of the recommendations that were approved under PZ13 -01 (see attached PZ13 -01
Resolution):
"Grant an exception to KMC 14.10.080(e) (Public Water System) and (0
(Sanitary Sewer Service)." The Planning Commission cannot grant this
exception, but they can make a recommendation to the Kenai City Council
to waive the requirement.
2. "a. Streets and drainage plans must be
of Anchorage Standard Specifications
not formally adopted this section
therefore it cannot require it.
designed and constructed to Municipality
(2009 MASS)." The City of Kenai has
of code into our municipal code,
d, Streets will require a minimum 24 -foot paved surface, with 2 -foot shoulders
and approved excavation and backfill." This requirement is not in our code.
Roads must be built in compliance with Kenai Municipal Code 14.10.080(c).
It is recommended the Commission make findings to the waiver of the utility exceptions.
The Commission can amend the requirement that the streets must be built to the
requirements of KMC 14.10.080(c). Unless the Commission makes additional
exceptions, the remaining requirements must still be met.
m
WINCE — CORTHELL — BRYSON
Consulting Engineers
Box 1041 Kenai, Alaska 99611
Phone 907 - 283 -4672 Fax 907 - 283 -4676
E -Mail cmaddenawcbalaska.com
TO: City Administration and Council
FROM: Casey Madden, P.E.
SUBJECT: PZ 13 -25, Kee's Tern Subdivision, Street design variance request
DATE: May 23, 2013
On behalf of Ed and Kathy Martin, owners of the subject property, I am submitting the following
request for a variance from the current requirements of KMC 14.10.080 and 18.10.030,
specifically a variance from the required 30 foot gravel street width to a lesser width of 26 feet.
RELEVENT CONDITIONS: Kee's Tern Subdivision is located across the Kenai Spur Road
from Thompson Park Subdivision and fronts on the north side of North Dogwood Road. The
parcel contains 35 acres and is proposed to be subdivided into 24 lots of 1.0 to 1.3 acres in size.
The lots will be served by three minor low volume streets serving 6 to 10 lots each with an
estimated maximum daily traffic volume of about 50. The Streets were cleared and excavated to
a sand subgrade years ago but never completed. A copy of the preliminary plat is attached as
Attachment One.
CITY CODE: Current code, for minor streets such as these, requires a minimum of a 30 foot
graded surface, topped with an approved 6 inch gravel surface course providing a finish
centerline grade within 12 inches of adjacent property and graded to drain with 24 inch deep
ditches. The City Manager provided the Martins a sketch of a typical street section that would
conform to the current code and is attached as Attachment Two.
DISCUSSION: More comprehensive design standards are available that provide dimensional
requirements based on variable traffic conditions. Being familiar with the various standards
applied by the Kenai Peninsula Borough for various categories of roads in rural settings such as
this, the Martin's requested me to develop a recommendation for an appropriate street section
based on accepted Industry Standards we regularly use for street and highway design and
construction. My evaluation is not based on the roughly 15 % saved in construction but solely
by the merits of expected traffic conditions, street geometries and safety.
Based on my evaluation a 26 foot gravel surfaced road with a properly designed section depth
would provide a safe and maintainable travel way that could be upgraded to a paved surface of
adequate width in the future. My recommended section drawing is attached as Attachment
Three.
Philip W. Bryson PE (retired) Alan N. Corthell PE Frank W. Wince PE (Deceased))
Mark E. Blanning PE
E. Casey Madden PE
ANALYSIS and JUSTIFICATION: As mentioned above the Kenai Peninsula Borough Title
14, Chapter 14.06, Road Construction Standards, provides standards based on the lot density
served by the road. hi this case Kee's Tern Subdivision streets, serving 10 and less lots each,
would be classified as Category I streets requiring a total gravel width of 20 feet or, if paved, a
paved width of 20 feet with 2 foot shoulders. The street widths increase in 2 foot increments as
the lot density increases. The Borough standards go on to require stripping of organics within 4
feet of grade, specifications for sub base and base material and section depths as well as for
maximum horizontal and vertical alignments.
The American Association of State Highway and Transportation Officials ( AASHTO) provides
what is universally accepted as the industry standards for design of all public transportation
systems. AASHTO bases its design standards on designations such as, Local, Urban, Rural,
Collector, and Arterial as well as Average Daily Traffic counts (ADT), Design Speeds, and the
type of terrain in the area.
In this case Kee's Tern Subdivision streets would be designated Local Rural with a ADT range
of 50 -250 vehicles per day and would require, like the Borough, a paved travel way width of 20
feet with 2 foot shoulders. Section depth is not specified as it is site specific designed based on
several design methods involving soil mechanics and applied ADT and heavy truck loading.
AASHTO goes on to provide additional guidance for providing safe sight distance by limiting
horizontal and vertical alignments, clear zones, and the additional requirements that may be
needed for on street parking or larger vehicle use.
As both the Borough and AASHTO paved widths require a 24 foot finished surface, including
pavement and shoulders, constructing the street now, to gravel sub base grade would require a
width of 26 feet as shown on Attachment Three.
Over the past 35 years Wince Corthell Bryson has designed many of the City's Streets utilizing
the City and AASHTO standards. During the development of the design with the City the
designation of minor or major was established and if on street parking was going to require
additional width such as the 30 and 40 foot requirement accommodates.
Following is a table of some of the Kenai Streets we have designed over the past 35 years
showing their City ( AASHTO) designations and constructed sub base gravel width.
STREET
Candlelight Drive
Linwood Lane
Lawton Drive
Spruce Street
Birch Street (paved)
Forest Drive (paved)
Kiana Street
Aurora Street Minor (Local)
Kaknu Street 25 Avenue
Thompson Park Streets
DESIGNATION
Major (Collector)
Major (Collector)
Major (Collector)
Major (Collector)
Major (Collector)
Major (Collector)
Minor (Local)
Minor (Local)
Minor (Local)
Both
GRAVEL SUB BASE WIDTH
30
30
30 -32
32
32
32
24
24
24
22 -30
Philip W. Bryson PE (retired) Alan N. Corthell PE Frank W. Wince PE (Deceased))
Mark E. Blanning PE E. Casey Madden PE
I believe this analysis provides the justification and recommend the lesser width based on the
standards set by quantifiable design variables such as lot density and/or traffic volume as well as
the conditions that are provided by the existing City streets listed above.
We appreciate the Administrations assistance and the Councils consideration in this matter and
would also like to take the opportunity to encourage the City to consider developing
comprehensive design and construction standards that take into consideration quantifiable and
qualitative parameters.
Philip W. Bryson PE (retired) Alan N. Corthell PE Frank W. Wince PE (Deceased))
Mark E. Blanning PE E. Casey Madden PE
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