HomeMy WebLinkAboutResolution No. 2014-07CITY OF KENAI
RESOLUTION NO. 2014 -07
Suggested by:Administration
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, GRANTING AN
EXCEPTION TO KMC 14.10.070 - SUBDIVISION DESIGN STANDARDS, AND KMC
14.24.020 - DEVELOPMENT REQUIREMENTS TABLE, PURSUANT TO KMC 14.10.090 -
VARIATIONS AND EXCEPTIONS, TO ALLOW FOR A PARCEL WIDTH OF LESS THAN
NINETY FEET (901.
WHEREAS, the Planning Commission reviewed a revised preliminary plat for Kee's
Tern Subdivision on December 11, 2013 and recommended approval subject to certain
conditions; and,
WHEREAS, the Planning Commission had previously approved the preliminary plat on
December 28, 2012 and Council approved exceptions to the water and sewer system
requirements and minimum road construction requirements via Resolution No. 2013-
26; and,
WHEREAS, the developer has amended its proposed plat to eliminate public rights -of-
way and instead build private roads over what is labeled on the preliminary plat as
Tract A, a sixty foot (60) wide lot /tract; and,
WHEREAS, Kenai Municipal Code 14.10.070(e)(3) - Subdivision design standards,
prohibits lots with a width less than that required by the applicable zoning ordinance,
and the applicable zoning ordinance, KMC 14.24.020 - General requirements, requires
a minimum lots width of ninety feet (90) for rural residential zones which the
subdivision is in; and,
WHEREAS, Kenai Municipal Code 14.10.090 - Variations and exceptions, allows
Council to vary or modify subdivision requirements after a report by the Planning
Commission 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
subdivision requirements would result in difficulties, substantial hardship or injustice
and public welfare, interests of the City and surrounding areas are protected and the
general intent and spirit of the subdivision regulations are preserved.
WHEREAS, the Planning Commission has recommended in Amended Resolution
PZ13 -41, that Council grant an exception to KMC 14.10.070(e)(3) - Subdivision design
standards, for the sixty foot (601 width of Tract A because sixty feet (60) allows
reasonable development of the subdivision given that Tract A is intended to be used
for roadway purposes only and such an exception preserves public welfare and the
New Text Underlined; [DELETED TEXT BRACKETED]
Resolution No. 2014 -07
Page 2 of 2
interests of the City and the general intent and spirit of the City's subdivision
regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. That pursuant to KMC 14.10.090, the minimum lot size requirement of
ninety feet (901 for Tract A in Kee's Tern Subdivision is modified or varied to allow for
a sixty foot (60) wide Tract A because sixty feet (601 allows reasonable development of
the subdivision given that Tract A is intended to be used for roadway purposes only
and such an exception preserves public welfare and the interests of the City and the
general intent and spirit of the City's subdivision regulations.
Section 2. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of
January, 2014.
ATTE QST: \
Sandr M g , City Jerk
PORTER, PAT O.
New Text Underlined; [DELETED TEXT BRACKETED]
Nancy Carver
From: Kathleen, Ed Jr. & Ed III [keeconstructionllc @yahoo.com]
Sent: Monday, December 23, 2013 2:37 PM
To: Rick Koch; Scott Bloom; Nancy Carver
Subject: Exception request to Kenai City Council & City Manager
Dear Kenai City Council and Mr. Koch, City Manager:
As per the direction /suggestion of the City of Kenai Planning and Zoning at their meeting of
December 11, 2013 we hereby request, pursuant to KMC 14.10.090, the City Council approve
exception to KMC 14.10.070(e)(3) and KMC 14.24.020 which require all lots in this zoning district to
have a minimum width of 90 feet and Tract A is only 60 feet based on the following: allowing Tract A
to have a width of 60 feet allows for reasonable development of the subdivision given that Tract A is
intended to be used for roadway purposes only and such an exception preserves public welfare and
interests of the City and the general intent and spirit of the City's subdivision regulations.
Sincerely,
Kathleen A. Martin, Manager
KEE Construction, LLC
And Property Owner
KEE Construction. LLC
i�\
the city of
CITY OF KENAI
PLANNING AND ZONING COMMISSION
AMENDED RESOLUTION NO. PZ13 -41
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 plat KEE'S TERN SUBDIVISION was referred to the City of Kenai
Planning and Zoning Commission on December 11, 2013, and received from Segesser 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 the City of Kenai for the referenced
property.
4. Installation agreement will be required if lots are sold prior to construction of all required
improvements.
5. Status of surrounding land is shown.
6. Utility easements must be shown on the finalplat.
7. Plat shall verify that no encroachments exist. If an encroachment exists; plat does not create
nor increase the encroachment.
8. Receive approval from the Kenai Peninsula Borough on exception to requirements in KPB
20.20.200 referencing Street names
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 APPROVE KEE'S TERN SUBDIVISION SUBJECT
TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY Hk PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, Ncemher 11 2013.
PZ13 -41 Amended Resolution
Page 2
Recommend approval of the revised preliminary plat subject to the following:
1. Per KMC 14.10.080(b) if lots are desired to be sold prior to construction of all
required improvements an installation agreement will be required.
2. Roads must be constructed to standards per plat notes prior to final plat unless
and installation agreement is in place.
3. Road design must be stamped by an engineer licensed in the State of Alaska.
4. Signage including but not limited to stop signs, speed limit signs and street
signs.
5. As -built drawings prepared by the design engineer responsible for observation
must be submitted to the City in both paper and digital format (Adobe &
AutoCAD).
6. 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.
7. City must be notified if gates are intended to be placed on the road way and
approve plan for gates that assure adequate emergency vehicle access.
8. Homeowners Association must be formed by developer and approved by the
City of Kenai Planning & Zoning Commission prior to plat being finalized.
9. Receive approval from the Kenai Peninsula Borough on exception to
requirements in KPB 20.20.180 and 20.20.200.
10. City requests opportunity to consider and comment on any new changes and /or
additions added to plat.
11. The following plat notes must be sufficiently modified as follows:
a. Plat Note 2. States "Tract A is a parcel whose use and access is limited
solely to the owners of ..." This entails that others; mail carriers,
guests, utility companies, etc. (anyone who is not an owner or
emergency service vehicle) cannot use and access. Should be revised
to reflect that use is limited for benefit of lot owners as provided in
Plat Note 5.
b. Plat Note 2 needs to be revised as to correct either punctuation or add
words in the following "and to the mandatory payment of assessment,
insurance dues."
c. Plat Note 3 should explain/clarify who responsible for the prior review
of site plans and construction other than City code enforcement
(buildinglzoning code).
d. Plat Note 5. Replace last sentence with "Roadways constructed to
Kenai Peninsula Borough Category III standards do not meet minimum
standards required by City of Kenai and therefore if at any future time
the City takes over ownership and/or maintenance responsibilities of
roadways within the subdivision roadways will have to be improved to
meet City of Kenai Standards in effect at time of acceptance. The cost
of roadway improvements to meet City of Kenai standards will be
borne by property owners in the subdivision by assessment without
further approval required.
12. Pursuant to KMC 14.10.090, recommend City Council approve exception to
KMC 14.10.070(e)(3) and KMC 14.24.020 which require all lots in this
zoning district to have a minimum width of 90 feet and Tract A is only 60 feet
FFAMENDED STAFF REPORT
To: Planning & Zoning Commission Prepared by: nc
Date: December 10, 2013 Res: PZ13 -41
GENERAL INFORMATION
Applicant: Segesser Surveys 907- 262 -3909
30485 Rosland Street
Soldotna, AK 99669
For: Kathleen Martin 907 - 252 -8163
P.O. Box 521
Cooper Landing, AK 99572
Requested Action:
Revised Preliminary Subdivision Plat — Kee's Tern Subdivision
Legal Description:
Located within Government Lot 4 and the SE1/4 SWl /4 Section
31; T6N, R1 0W, S.M.
Street Address:
4255 North Dogwood Road
KPB Parcel No.:
04906060
Existing Zoning:
RR — Rural Residential
Current Land Use:
Vacant
Land Use Plan:
Rural Residential
ANALYSIS
This plat subdivides a large parcel containing over 30 acres into a subdivision resulting in
24 individual lots. The lots in the subdivision range in size from 1 acre to 1.39 acres and
meet the minimum lot size for the zone and Alaska Department of Environmental
Conservation (ADEC) requirements for on -site water and sewer. The minimum lot width
within the Rural Residential zone (KMC 14.24.020) of 90 feet is met for all lots in the
subdivision except Tract A which will require an exception from City Council pursuant to
KMC 14.10.090 after a report by the Planning Commission.
The City of Kenai requires development of dedicated rights -of -way. The 30' foot
dedication off North Fern Street is a half - dedication matching the existing dedication of
North Fern Street. The plat also identifies a 60' foot wide tract into the subdivision off
North Dogwood Road identified as Tract A. Tract A is a parcel whose use and access
appears limited solely to the owners of Kee's Tern Subdivision and Emergency Service
Vehicles by plat note. The plat notes provide that Tract A is owned by KEE's Tern
PZ13 -41 — Revised Comments
Page 2
Page 2
Subdivision Home Owners Association. All roads within the Kee's Tern Subdivision are
intended to be private roads and will not be maintained by the City of Kenai unless
brought to City standards, and Tract A is dedicated to and accepted by the City.
The Kenai Peninsula Borough also has design requirements and development standards
that will have to be met and/or grant waivers for development of this private subdivision
such as:
• 20.20.200 Address Lots - Access to Streets "each lot shall abut on a dedicated
street." Since Tract A is not a "dedicated street" an exception must be granted by
the Borough Planning Commission.
• 20.20.150 Streets — Name requirements "Streets shall be named to conform to
adjacent areas and to avoid duplication, and in the uniform manner prescribed by
the commission." The plat identifies Tract A as a parcel not a street.
They following synopsis provides action the City has taken with this plat to date:
• December 28, 2012, Preliminary Plat Kee's Tem Subdivision was received for
review.
• January 9, 2013, the original preliminary plat (PZ13 -01) was reviewed and
approved by the Planning & Zoning Commission with several contingencies,
including granting exceptions to KMC 14.10.080(e) Public Water System and (f)
Sanitary Sewer Services. The Planning Commission cannot grant exceptions they
must make recommendations to Kenai City Council.
• May 22, 2013, the Planning and Zoning Commission approved PZ13 -25, a
recommendation to the Kenai City Council to 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 Kee's Tern
Subdivision, and amending PZ13 -01 to require that roads be constructed to the
minimum standards required by City code.
• June 5, 2013, the Kenai City Council approved Resolution No. 2013 -36 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. This carry's over with this plat.
• June 26, 2013, the Planning and Zoning Commission approved PZ13- 31(PZ13-
25) recommending the Kenai City Council approve an exception for Kee's Tern
Subdivision to KMC 14.10.080, Minimum Improvements Required, for
construction of Subdivision roads that vary from minimum code requirements.
• July 3, 2013, the Kenai City Council approved Resolution No. 2013 -55 granting
road development standard exceptions to KMC 14.10.080 Minimum
Improvements Required, for Kee's Tern Subdivision pursuant to KMC 14.10.090,
Variations and Exceptions.
The Martins intend to create a Homeowners Association to maintain the roads and accept
ownership of Tract A. All parcels within the subdivision are subject to current City of
Kenai Building and Zoning Codes. All streets are intended to be privately maintained by
PZ13 -41— Revised Comments
Page 3
Page 3
the Homeowners Association. There have been multiple correspondence /meetings
between the Martins and City Administration to attempt to develop plat notes that outline
requirements for future development within the subdivision.
RECOMMENDATIONS
This is a revised preliminary plat that subdivides a large parcel into a 24 -lot subdivision
and creates Tract A as a parcel whose use and access is limited solely to the owners of
Kee's Tern Subdivision and Emergency Service Vehicles. Tract A is intended to be
maintained by a Homeowners Association.
The property is located in the Rural Residential zone. The lots meet the development
requirements for the zone. The property is located off North Dogwood Road which is
developed and maintained by the City of Kenai.
The lots in the subdivision meet ADEC standards for on -site water and sewer. The Kenai
City Council granted an exception to KMC 14.10.080(e) Public Water System and (0
Sanitary Sewer Services. If in the future the City should extend water and sewer mains
down North Dogwood Road, there will be sufficient room in the rights -of -way place the
main lines.
Recommend approval of the revised preliminary plat subject to the following:
1. Per KMC 14.10.080(b) if lots are desired to be sold prior to construction of all
required improvements an installation agreement will be required.
2. Roads must be constructed to standards per plat notes prior to final plat unless
and installation agreement is in place.
3. Road design must be stamped by an engineer licensed in the State of Alaska.
4. Signage including but not limited to stop signs, speed limit signs and street
signs.
5. As -built drawings prepared by the design engineer responsible for observation
must be submitted to the City in both paper and digital format (Adobe &
AutoCAD).
6. 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.
7. City must be notified if gates are intended to be placed on the road way and
approve plan for gates that assure adequate emergency vehicle access.
8. Homeowners Association must be formed by developer and approved by the
City of Kenai Planning & Zoning Commission prior to plat being finalized.
9. Receive approval from the Kenai Peninsula Borough on exception to
requirements in KPB 20.20.180 and 20.20.200.
10. City requests opportunity to consider and comment on any new changes and/or
additions added to plat.
11. The following plat notes must be sufficiently modified as follows:
a. Plat Note 2. States "Tract A is a parcel whose use and access is limited
PZ13 -41 — Revised Comments
Page 4
Page 4
solely to the owners of ..." This entails that others; mail carriers,
guests, utility companies, etc. (anyone who is not an owner or
emergency service vehicle) cannot use and access. Should be revised
to reflect that use is limited for benefit of lot owners as provided in
Plat Note 5.
b. Plat Note 2 needs to be revised as to correct either punctuation or add
words in the following "and to the mandatory payment of assessment,
insurance dues."
c. Plat Note 3 should explain/clarify who responsible for the prior review
of site plans and construction other than City code enforcement
(building/zoning code).
d. Plat Note 5. Replace last sentence with "Roadways constructed to
Kenai Peninsula Borough Category III standards do not meet minimum
standards required by City of Kenai and therefore if at any future time
the City takes over ownership and/or maintenance responsibilities of
roadways within the subdivision roadways will have to be improved to
meet City of Kenai Standards in effect at time of acceptance. The cost
of roadway improvements to meet City of Kenai standards will be
borne by property owners in the subdivision by assessment without
further approval required.
12. Pursuant to KMC 14.10.090, recommend City Council approve exception to
KMC 14.10.070(e)(3) and KMC 14.24.020 which require all lots in this
zoning district to have a minimum width of 90 feet and Tract A is only 60 feet
based on the following: allowing Tract A to have a width of 60 feet allows
reasonable development of the subdivision given that Tract A is intended to be
used for roadway purposes only and such an exception preserves public
welfare and interests of the City and the general intent and spirit of the City's
subdivision regulations.
ATTACHMENTS:
1.
Resolution No.
PZ13 -01
2.
Resolution No.
PZ13 -25
3.
Resolution No.
2013 -36
4.
Resolution No.
PZ13- 31(PZ13 -25)
5.
Resolution No.
2013 -55
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Approved by consent agenda.
*All items listed with an asterisk ( *) are considered to be routine and non - controversial by
the Commission and will be approved by one motion. There will be no separate discussion
of these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
2. *APPROVAL OF MINUTES — October 23, 2013
Approved by consent agenda.
3. SCHEDULED PUBLIC COMMENT — None.
4. CONSIDERATION OF PLATS
a. PZ13 -41— Kee's Tern Subdivision —Located within Government Lot 4 and the SE1 /4
SW1 /4 Section 31, T6N, R10W, S.M. Plat submitted by Segesser Surveys, 30485
Rosland Street, Soldotna, Alaska.
City Manager Koch reviewed the staff report included in the packet, recommending approval
subject to the following:
1. Per KMC 14.10.080(b) if lots are desired to be sold prior to construction of all
required improvements an installation agreement will be required.
2. Roads must be constructed to standards per plat notes prior to final plat unless an
installation agreement is in place.
3. Road design must be stamped by an engineer licensed in the State of Alaska.
4. Signage including but not limited to stop signs, speed limit signs and street signs.
5. As -built drawings prepared by the design engineer responsible for observation must
be submitted to the City in both paper and digital format (Adobe and AutoCAD).
6. 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.
7. City must be notified if gates are intended to be placed on the road way and
approve plan for gates that assure adequate emergency vehicle access.
8. Homeowners Association must be formed by developer and approved by the City of
Kenai Planning and Zoning Commission prior to plat being finalized.
9. Receive approval from the Kenai Peninsula Borough on exception to requirements
in KPB 20.20.180 and 20.20.200.
10. City requests opportunity to consider and comment on any new changes and /or
additions added to plat.
11. The following plat notes must be sufficiently modified as follows:
a. Plat Note 2 States "Tract A is a parcel whose use and access is limited
solely to the owners of..." This entails that others; mail carriers, guests,
utility companies, etc. (anyone who is not an owner or emergency service
vehicle) cannot use and access. Should be revised to reflect that use is
PLANNING AND ZONING COMMISSION MEETING
DECEMBER 11, 2013
PAGE 2
limited for benefit of lot owners as provided in Plat Note 5.
b. Plat Note 2 needs to be revised as top correct either punctuation or add
words in the following "and to the mandatory payment of assessment,
insurance dues."
c. Plat Note 3 should explain /clarify who is responsible for the prior review of
site plans and construction other than City code enforcement (building /zone
code).
d. Plat No 5. Replace last sentence with "Roadways constructed to Kenai
Peninsula Borough Category III standards do not meet minimum standards
required by City of Kenai and therefore, if at any future time the City takes
over ownership and /or maintenance responsibilities of roadways within the
subdivision, roadways will have to be improved to meet City of Kenai
standards in effect at time of acceptance. The cost of roadway
improvements to meet City of Kenai standards will be borne by property
owners in the subdivision by assessment without further approval required."
12. Pursuant to KMC 14.10.090, recommend City Council approve exception to KMC
14.10.070(e)(3) and KMC 14.24.020 which require all lots in this zoning district to
have a minimum width of 90 feet and Tract A is only 60 feet based on the following:
allowing Tract A to have a width of 60 feet allows reasonable development of the
subdivision given that Tract A is intended to be used for roadway purposes only and
such an exception preserves public welfare and interests of the City and the general
intent and spirit of the City's subdivision regulations.
MOTION:
Commissioner Knackstedt MOVED to approve PA13 -41 with staff recommendations and
Commissioner Shiflea SECONDED the motion.
Twait opened the meeting to public hearing; there being no one wishing to speak, the public
hearing was closed.
VOTE:
YEA: Arness, Fikes, Twait, Shiflea, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
5. PUBLIC HEARINGS — None.
6. UNFINISHED BUSINESS — None.
7. NEW BUSINESS
a. PZ11 -22 —Review of Conditional Use Permit for Motor -Cross Race Track for the
property known as Tract A2 -2, Birch Fields Subdivision Kenai Well Addition No. 2 (490
Shotgun Drive), Kenai, Alaska. Discussion — Approval Permanent Status.
PLANNING AND ZONING COMMISSION MEETING
DECEMBER 11, 2013
PAGE 3