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HomeMy WebLinkAboutOrdinance No. 2799-2014Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2799 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONSENTING TO THE VACATION OF CERTAIN RIGHT -OF -WAYS WITHIN THE PROPOSED SHORELINE HEIGHTS 2014 ADDITION SUBDIVISION. WHEREAS, on September 24, 2014, by Resolution PZ14 -21, the City of Kenai's Planning and Zoning Commission recommended that the Kenai Peninsula Borough Planning Commission approve Shoreline Heights 2014 Addition Subdivision subject to certain conditions; and, WHEREAS, in conjunction with the recommendation for approval of the preliminary plat, the City's Planning and Zoning Commission recommended the vacation of certain utility easements and right -of -ways no longer needed, consistent with the subdivision plans; and, WHEREAS, on October 27, 2014, the Kenai Peninsula Borough Planning Commission met and approved the vacation of the right -of -ways and utility easements consistent with the City's Planning and Zoning Commission recommendation; and WHEREAS, on October 30, 2014, the City received notice from the Borough that consistent with State Statute and Borough code, the City has 30 days from October 27, 2014 to consent to or veto the vacation of these right -of -ways; and, WHEREAS, Kenai Municipal Code 22.05.110- Determination as to Need for Public Use, provides that City lands previously dedicated to public use can only be relinquished by an ordinance declaring such lands are no longer needed for public use; and, WHEREAS, the right -of -ways and easements listed below are no longer needed for public use as alternative public right -of -ways and easements are provided for consistent with the development of Shoreline Heights 2014 Addition Subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a non -code ordinance. Section 2. That the following right -of -ways and easements within the Shoreline Heights 2014 Addition Subdivision all within Section 26, Township 6 North, Range 12 West, Seward Meridian, Alaska within the City of Kenai are no longer needed for public use: New Text Underlined; ]DELETED TEXT BRACKETED] Ordinance No. 2799 -2014 Page 2 of 2 1) Vacate Dation Drive, a 30 -foot right of way, dedicated by Shoreline Heights Subdivision No. 2 (Plat KN 93 -26); and 2) Vacate a portion of Ninilchik Drive, the southwest 575 feet of the remaining 30- feet of the (60 -foot right of way) dedicated by Radar Subdivision (Plat K 706); and 3) Vacate south 10 -feet of the remaining 40 -foot Ninilchik Drive adjacent to Tract A, originally dedicated by Shoreline Heights Subdivision (Plat KN 85 -184); and modified by R.M. Thompson Subdivision Henderson Replat (Plat KN 87 -51); 4) Vacate the 20 -foot and 30 -foot right of way and right of way access easement along with the associated utility easements granted by Right of Way Amendment for ADL 63572 within Book 307 Page 179; and 5) Vacate Anchor Way, which varies from a 30 -foot right of way to a 50 -foot; and all utility easements within Block 1 and 2 of Radar Subdivision (Plat K 706). Section 3. That a copy this Ordinance shall be forwarded to the Kenai Peninsula Borough upon adoption. Section 4. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 5. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of November, 2014. / ) • PAT PORTER, MAYOR A ST: /�,.1 NW Sa &MAigh, City Clerk Introduced: November 5, 2014 Adopted: November 19, 2014 Effective: December 19, 2014 New Test Underlined; [DELETED TEXT BRACKETED] _ "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 ,VIII the aly of 1992 MEMORANDUM: TO: Rick Koch, City Manager FROM: Matt Kelley, City Planner DATE: October 31, 2014 SUBJECT: Ordinance Number 2799 - 2014 —Vacation of Certain Right -of -Ways within the Proposed Shoreline Heights Subdivision The purpose of this communication is to introduce Ordinance No. 2799 -2014; Vacation of Certain Right -of -Ways within the proposed Shoreline Heights 2014 Addition Subdivision. On September 24, 2014 the City of Kenai Planning and Zoning Commission by resolution approved PZ14 -21; a Preliminary Plat of Shoreline Heights 2014. This Preliminary Plat had been previously heard and approved by Resolution PZ14 -19 by the Planning and Zoning Commission at their meeting of August 27, 2014. The Kenai Peninsula Borough asked to have this item brought back before the City to make revision to the Preliminary Plat. The Plat subdivides two parcels containing approximately 48 acres into a subdivision containing 48 lots. The subdivision is located with the Rural Residential Zone. The parcel is accessed off the Kenai Spur Highway which is a State maintained paved road. City water lines are located within the right -of -way of Wells Way and can be extended into the subdivision. Individual septic systems are to be installed on each lot in accordance with the Alaska Department of Environmental Conservation regulations. In conjunction with the review and approval process, the City of Kenai Planning and Zoning Commission approved the vacation of the right -of -ways and utility easements as they are no longer needed. These right -of -ways are shown on the Preliminary Plat of Shoreline Heights Subdivision as a portion of Block One (1) and Two (2) within the Radar Subdivision (Plat No. K- 706) and had not been previously vacated. The vacation of these right -of -ways and utility easements along with approval of the Preliminary Plat was forwarded to the Kenai Peninsula Borough Planning Department as Resolution Number PZ14 -21 thereby resending Resolution Number PZ14 -19. At their meeting on October 27, 2014 the Kenai Peninsula Borough Planning Commission met and approved the vacation of the right -of -ways and utility easements consistent with the City's Planning and Zoning Commission recommendation. This approval was then forwarded to the City of Kenai in the form of a notice from the Borough on October 30, 2014. Page 1 This approval was then forwarded to the City of Kenai in the form of a notice from the Borough on October 30, 2014. Pursuant to Kenai Municipal Code 22.05.110— Determination as to Need for Public Use, the vacation of City lands previously dedicated to a public use can only be relinquished by an Ordinance. The Ordinance must declare that such lands are no longer needed for a public use and that the right -of -ways and easements are no longer needed for public use. Thank you for your consideration. Attachment: Kenai Peninsula Borough Right -of -Way and Utility Easement Petition Request Kenai Peninsula Borough Planning Commission Notice of Decision City of Kenai Planning and Zoning Commission Resolution No. PZ14 -21 City of Kenai Planning and Zoning Commission Resolution No. PZ14 -19 City of Kenai Planning and Zoning Commission PZ14 -21 Staff Report Preliminary Plat Shoreline Heights 2014 Addition Page 2 KENAI PENINSULA BOROUGH ML PLANNING DEPARTMENT 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE. (907) 714 -2200. FAX. (907) 794 -2378 Toll -free within the Borough 1- 800 -478 -4441, Ext. 2200 ...- www.borough.kenai.ak.us MIKE NAVARRE BOROUGH MAYOR October 30, 2014 Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611 -7794 RE: Right -of -way and Utility Easement Petition Request: 1) Vacate Dation Drive, a 30 -foot right of way, dedicated by Shoreline Heights Subdivision No 2 (Plat KN 93 -26), and 2) Vacate a portion of Ninilchik Drive, the southwest 575 feet of the remaining 30 -feet of the (60 -foot right of way) dedicated by Radar Subdivision (Plat K 706); and 3) Vacate south 10 -feet of the remaining 40 -foot Ninilchik Drive adjacent to Tract A, originally dedicated by Shoreline Heights Subdivision (Plat KN 85 -184); and modified by R.M Thompson Subdivision Henderson Repiat (Plat KN 87 -51); 4) Vacate the 20 -foot and 30 -foot right of way and right of way access easement along with the associated utility easements granted by Right of Way Amendment for ADL 63572 within Book 307 Page 179, and 5) Vacate Anchor Way. which varies from a 30 -foot right of way to a 50 -foot; and all utility easements within Block 1 and 2 of Radar Subdivision (Plat K 706). All in Section 26, Township 6 North, Range 12 West; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough, KPB File No. 2014 -133. Note: 60 -foot right of way dedications and utility easements are proposed to be dedicated on the preliminary plat Shoreline Heights 2014 Addition; KPB File 2014 -133 Dear Kenai City Council Members In accordance with AS 29.40.140, no vacation of a city right -of -way and/or easement may be made without the consent of the city council Based on the following findings of fact, the Planning Commission approved the referenced vacation during their regularly scheduled meeting of October 27, 2014. Findings 1. Sufficient rights -of -way exist to serve the surrounding properties 2. No surrounding properties will be denied access. 3. Per the submittal, the rights -of -way proposed for vacation are not in use for access 4. Per the submittal, the rights -of -way proposed for vacation have not been constructed 5. The revised preliminary plat dedicates alternative rights -of -way and grants new utility easements that appropriately correspond with the new right -of -way designs 6. The revised preliminary plat dedicates 10 feet for Wells Way, bringing it to a full 60 -foot right -of - way per KPB 20 30.120. 7. The revised preliminary plat dedicates a 60 -foot extension for the northern portion of Ninilchik Drive which connects with Pey Drive and Bree Avenue providing the block with a looped access back to the Kenai Spur Highway. 8. The rights -of -way proposed to be vacated do not appear to be in use for utilities 9. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 10. ACS, ENSTAR, GCI, and Homer Electric Association submitted statements of conditional approval to the revised preliminary plat. 11. By adoption of PZ14 -21, the Kenai Planning and Zoning Commission granted conditional approval to the revised preliminary plat, which will finalize the proposed vacations. 12. The KPB Plat Committee granted conditional approval to the preliminary plat on September 22, 2014. This petition is being sent to you for your consideration and action. The City Council has 30 days from October 27, 2014 in which to veto the decision of the Planning Commission. If no veto is received from the Council within the 30-day period, the decision of the Planning Commission will stand. Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are attached. Sincerely, Max J. B t Planning Director MJB:pdh Attachments KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE (907) 714-2200. FAX (907) 714-2378 Toll -free within the Borough: 1- 800 -478 -4441, Ext. 2200 www.borough.kenai.ak.us MIKE NAVARRE BOROUGH MAYOR October 30, 2014 KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF DECISION MEETING OF OCTOBER 27, 2014 RE' Right -of -way and Utility Easement Petition Request: 1) Vacate Dation Drive, a 30 -foot right of way, dedicated by Shoreline Heights Subdivision No. 2 (Plat KN 93 -26): and 2) Vacate a portion of Ninilchik Drive, the southwest 575 feet of the remaining 30 -feet of the (60 -foot right of way) dedicated by Radar Subdivision (Plat K 706); and 3) Vacate south 10 -feet of the remaining 40 -foot Ninilchik Drive adjacent to Tract A, originally dedicated by Shoreline Heights Subdivision (Plat KN 85 -184), and modified by R.M Thompson Subdivision Henderson Replat (Plat KN 87 -51); 4) Vacate the 20 -foot and 30 -foot right of way and right of way access easement along with the associated utility easements granted by Right of Way Amendment for ADL 63572 within Book 307 Page 179; and 5) Vacate Anchor Way, which varies from a 30 -foot right of way to a 50 -foot and all utility easements within Block 1 and 2 of Radar Subdivision (Plat K 706) All in Section 26, Township 6 North, Range 12 West; Seward Meridian, Alaska, within the City of Kenai and the Kenai Peninsula Borough: KPB File No. 2014 -133. Note: 60 -foot right of way dedications and utility easements are proposed to be dedicated on the preliminary plat Shoreline Heights 2014 Addition; KPB File 2014 -133 The Kenai Peninsula Borough Planning Commission approved the proposed vacations based on the following findings and conditions during their regularly scheduled meeting of October 27, 2014 Findings: 1. Sufficient rights -of -way exist to serve the surrounding properties 2. No surrounding properties will be denied access. 3. Per the submittal, the rights -of -way proposed for vacation are not in use for access, 4. Per the submittal, the rights -of -way proposed for vacation have not been constructed 5. The revised preliminary plat dedicates alternative rights -of -way and grants new utility easements that appropriately correspond with the new right -of -way designs 6. The revised preliminary plat dedicates 10 feet for Wells Way, bringing it to a full 60 -foot right -of- way per KPB 20.30.120. 7. The revised preliminary plat dedicates a 60 -foot extension for the northern portion of Ninilchik Drive which connects with Pey Drive and Bree Avenue providing the block with a looped access back to the Kenai Spur Highway. 8. The rights -of -way proposed to be vacated do not appear to be in use for utilities. 9. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements 10. ACS, ENSTAR, GCI, and Homer Electric Association submitted statements of conditional approval to the revised preliminary plat. 11. By adoption of PZ14 -21. the Kenai Planning and Zoning Commission granted conditional approval to the revised preliminary plat, which will finalize the proposed vacations 12. The KPB Plat Committee granted conditional approval to the preliminary plat on September 22, 2014. In accordance with AS 29.40.140, no vacation of a city right -of -way and /or easement may be made without the consent of the city council. The proposed vacation has been forwarded to the Kenai City Council. The City Council has 30 days from October 27, 2014 in which to veto the decision of the Planning Commission. If no veto is received from the Council within the 30-day period, the decision of the Commission will stand. Please contact the Kenai City Office to verify the date the subject vacation will be reviewed by the Council This notice and unapproved minutes of the subject portion of the meeting were sent October 30, 2014 to: Kenai City Council 210 Fidalgo Avenue Kenai, AK 99611 -7794 Bryan Lowe 12231 N. Cherry Hills Dr W. Sun City, AZ 85351 Integrity Surveys 820 Set Net Drive Kenai, AK 99611 City of Kenai 210 Fidalgo Street Kenai, AK 99611 -7794 John R Lowe Family Trust 1205 5th Ct. Kenai, AK 99611 AGENDA ITEM F. PUBLIC HEARINGS Right -of -way and Utility Easement Petition Request 1) Vacate Dation Drive, a 30 -foot right ofway, dedicated by Shoreline Heights Subdivision No. 2 (Plat KN 93 -26), and 2) Vacate a portion of Ninilchik Drive, the southwest 575 feet of the remaining 30 -feet of the (60- foot right of way) dedicated by Radar Subdivision (Plat K 706). and 3) Vacate south 10 -feet of the remaining 40 -foot Ninilchik Drive adjacent to Tract A, originally dedicated by Shoreline Heights Subdivision (Plat KN 85 -184), and modified by R.M. Thompson Subdivision Henderson Replat (Plat KN 87 -51), 4) Vacate the 20 -foot and 30 -foot right of way and right of way access easement along with the associated utility easements granted by Right of Way Amendment for ADL 63572 within Book 307 Page 179. and 5) Vacate Anchor Way, which varies from a 30 -foot right of way to a 50 -foot and all utility easements within Block 1 and 2 of Radar Subdivision (Plat K 706). All in Section 26, Township 6 North, Range 12 West, Seward Meridian. Alaska, within the City of Kenai and the Kenai Peninsula Borough; KPB File No 2014 -133 Note: 60 -foot right of way dedications and utility easements are proposed to be dedicated on the preliminary plat Shoreline Heights 2014 Addition; KPB File 2014 -133 Staff Report given by Max Best PC Meeting. 10/27/14 Purpose as stated in petition: Tract Al -A and Blocks 1 and 2 of Radar Subdivision are being combined into one. The new parcel will be subdivided into house lots with dedicated rights of way providing access to all lots and also to all neighboring parcels The ROWS that are requested to be vacated are not in use and do not serve access to any existing structures. By vacating the ROWS and the associated utility easements, it will allow for building lots that will not be encumbered with public ROWS crossing through Petitioners. Bryon R. Lowe of Sun City, Arizona and John R. Lowe Family Trust of Kenai, Alaska Notification Public notice appeared in the October 16, 2014 issue of the Peninsula Clarion The public notice was published in the October 23, 2014 issues of the Peninsula Clarion, Homer News, and Seward Journal as part of the tentative agenda Twenty -seven certified mailings were sent to owners of property within 300 feet of the parcels. Fifteen receipts have been returned Sixteen regular mailings were sent to agencies and interested parties. Five notices were sent to KPB Departments Notices were mailed to the Kenai Post Office and Kenai Community Library to be posted in public locations. The notice and maps were posted on the Borough bulletin board and Planning Department public hearing notice web site. Staff Discussion: August 27, 2014 Kenai Planning and Zoning Commission conditionally approved the preliminary plat. which would finalize the vacation of Dation Drive, portion of Ninilchik Drive, public access easement, utility easements. right -of -way access easement, and a right -of -way easement. The preliminary plat provided a 60 -foot extension for the northern portion of Ninilchik Drive and dedicated a half cul-de -sac adjoining Lot 41 Rights -of -way within the proposed plat provided a looped access back to the Kenai Spur Highway for the block. KENAI PENINSULA BOROUGH PLANNING COMMISSION OCTOBER 27. 2014 MEETING MINUTES PAGE 11 UNAPPROVED MINUTES September 22 2014 The KPB Plat Committee reviewed the preliminary plat on September 22. The Committee approved exceptions to the 3:1 depth to width ratio (20.30.190) and block length (20.30.170) and granted conditional approval to the preliminary plat. The staff report noted that a recorded plat combining the lots created by Radar Subdivision and vacating Anchor Way could not be found. Staff noted that if the plat that vacated Anchor Way could not be found, a revised vacation petition would need to be brought back to the Kenai Planning and Zoning Commission for review and comments. A recorded plat finalizing the vacation of Anchor Way, Radar Subdivision's utility easements, and lot line removals could not be found. September 24, 2014 Kenai Planning and Zoning Commission reviewed the revised preliminary plat that would finalize the vacation of Dation Drive, portion of Ninilchik Drive, public access easement, utility easements, right-of-way access easement, a right -of -way easement, and Anchor Way. The revised preliminary plat provides a 10 -foot dedication for Wells Way, which brings the right- of-way to a full 60 -foot width per KPB 20.30.120. The revised preliminary plat decreases the lots being created from 49 to 48. All lots within the revised preliminary plat comply with the City of Kenai's minimum lot size. PZ14 -21 contained a few changes from PZ14 -19: The utility easement fronting rights-of-way was changed from 15 to 10 feet in Condition c. All underground utilities must be installed perpendicular to the rights -of -way. Borough Staff Comments: Condition c in PZ14 -21 complies with KPB 20.30.060 except for the additional requirement that all underground utilities must be installed perpendicular to the rights-of - way. HEA, ACS, GCI, and ENSTAR conditionally agreed with the new utility plat note. Covenants addressing bluff side building setbacks will be recorded in the Kenai Recording District per Condition g. Borough Staff Comments: KPB Shore Zone photography indicates the bluff is actively eroding. Development precautions related to bluff erosion maybe prudent. However, KPB 21.44.080 prohibits KPB from enforcing private covenants, easements, or deed restrictions. KPB cannot compel the owners to record private restrictive covenants. • Condition h was revised to clarify that prior to water mains being extended into the subdivision, the plans must be approved by the Alaska Department of Environmental Conservation and City of Kenai. As with the preliminary plat, the owners plan to develop the revised preliminary subdivision plan in phases Kenai Planning and Zoning Commission adopted PZ14 -21. An installation agreement is required. October 27. 2014 The proposed vacation petition vacates several utility easements, right-of-way easements, Anchor Way, a portion of Ninilchik Drive, and Dation Drive. The vacation petition, if approved as shown on the revised preliminary plat, allows redesign of the subdivision lots and dedication of full 60 -foot rights -of -way with utility easements granted in locations appropriately corresponding with the new lot and right -of -way designs. The KPB Plat Committee has not reviewed the revised preliminary plat; however, the differences between the preliminary plat and revised preliminary plat are minimal. The utility easement fronting rights-of-way has been changed from 15 feet to 10 feet, which complies with KPB 20.30.060. In addition, underground utilities must be installed perpendicular to the rights-of- way. Perpendicular installation is not a requirement of KPB Code, however, since affected utility providers conditionally agreed to these changes, the additional requirement is consistent with 20.30.060. • The revised plat is providing a 10 -foot dedication for Wells Way, bringing the dghtof -way to a full 60- foot width per KPB 20.30.120. KENAI PENINSULA BOROUGH PLANNING COMMISSION OCTOBER 27, 2014 MEETING MINUTES PAGE 12 UNAPPROVED MINUTES The revised preliminary plat creates one less lot (48) than the preliminary plat (49). This revision brought all lots into compliance with the City of Kenai s minimum lot size, which was a condition of preliminary plat approval by the KPB Plat Committee. Block 1 and 2 Radar Subdivision, Anchor Way, and the subdivision's associated utility easements were not depicted on the preliminary plat. At some point in the past, KPB combined Block 1 and 2 Radar Subdivision, which contained 30 residential lots, one park lot, and utility easements, into one parcel and assigned one parcel number (039 - 141 -01). Reconfiguration and assignment of one parcel numberfor 31 lots, a right -of -way, and utility easements implied the property had been replatted and vacations finalized; however, a recorded plat finalizing the vacations and lot line removals was not found. The revised plat formalizes vacation of Anchor Way, utility easements, and lot line removals of Block 1 and 2 Radar Subdivision, which during preliminary plat review the KPB Plat Committee and platting staff believed had taken place years ago. Comments Received ACS: ACS agrees to reduce 15 feet to 10 feet and add the following: This easement is for above ground transformers and pedestals only. All underground utilities within this easement must be installed perpendicular to the rights -of -way. This consent applies to this case only and does not indicate that ACS would be agreeable to this arrangement on any future developments within the Kenai Peninsula Borough Planning Board's jurisdiction. ENSTAR: ENSTAR agreed to reduce the utility easement fronting rights- of-way from 15 to 10 feet. The utility easement is for above -ground transformers and pedestals only. All underground utilities within this easement must be installed perpendicular to the rights-of-way. This consent applies to this case only and does not indicate the ENSTAR Natural Gas Company would be agreeable to this arrangement on any future developments within the Kenai Peninsula Borough Planning Board's jurisdiction. GCI: No objection to reduce 15 feet to 10 feet and add the following: This easement is for above ground transformers and pedestals only. All underground utilities within this easement must be installed perpendicular to the rights-of-way. Homer Electric Association: HEA has no objection to reduce 15 feet to 10 feet and add the following: This easement is for above ground transformers and pedestals only. Ail underground utilities within this easement must be installed perpendicular to the rights -of -way. HEA has no objection given that this consent applies to this case only. HEA asks that further discussion of this matter take place prior to approval of this language on future plats filed with the Kenai Peninsula Borough Planning Commission as it has the potential to create future implications on HEA's standard design practices for placement of underground facilities. Findings: 1. Sufficient right"f -way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the rights -of -way proposed for vacation are not in use for access. 4. Per the submittal, the rights -of -way proposed for vacation have not been constructed. 5. The revised preliminary plat dedicates alternative rights -of -way and grants new utility easements that appropriately correspond with the new right -of -way designs. 6. The revised preliminary plat dedicates 10 feet for Wells Way, bringing it to a full 60 -foot right -of -way per KPB 20.30.120. 7. The revised preliminary plat dedicates a 60 -foot extension for the northern portion of Ninilchik Drive which connects with Pay Drive and Brea Avenue providing the block with a looped access back to the Kenai Spur Highway. 8. The rights -of -way proposed to be vacated do not appear to be in use for utilities. 9. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 10. ACS, ENSTAR, GCI, and Homer Electric Association submitted statements of conditional approval to the revised preliminary plat. 11. By adoption of PZ14 -21, the Kenai Planning and Zoning Commission granted conditional approval to KENAI PENINSULA BOROUGH PLANNING COMMISSION OCTOBER 27, 2014 MEETING MINUTES PAGE 13 UNAPPROVED MINUTES the revised preliminary plat, which will finalize the proposed vacations. 12. The KPB Plat Committee granted conditional approval to the preliminary plat on September 22, 2014. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the vacation of rights-of-way, right-of-way easements, and utility easements as petitioned, subject to: 1. Submittal of a final plat in accordance with Chapter 20 of the KPB Code within one year of vacation approval. If the vacation is approved, the Kenai City Council has thirty days in which they may veto Planning Commission approval of the vacation. Per KPB 20.70.120: A. Denial of a vacation petition is a final act for which no further consideration shall be given by the Kenai Peninsula Borough. B. Upon denial by the planning commission, no reapplication or petition concerning the same vacation may be filed within one calendar year of the date of the final denial action except In the case where new evidence or circumstances exist that were not available or present when the original petition was filed. END OF STAFF REPORT Vice Chairman Martin opened the meeting for public comment Seeing and hearing no one wishing to speak, Vice Chairman Martin closed the public comment period and opened discussion among the Commission. MOTION: Commissioner Ruffner moved, seconded by Commissioner Isham to grant approval of the vacation of rights -of -way, right -of -way easement and utility easements as petitioned based on the following findings and subject to the plat being recorded within one year of vacation approval. Findings: 1. Sufficient rights-of-way exist to serve the surrounding properties. 2. No surrounding properties will be denied access. 3. Per the submittal, the rights -of -way proposed for vacation are not in use for access. 4. Per the submittal, the rights-of-way proposed for vacation have not been constructed. 5. The revised preliminary plat dedicates alternative rights-of-way and grants new utility easements that appropriately correspond with the new right-of-way designs. 6. The revised preliminary plat dedicates 10 feet for Wells Way, bringing it to a full 60-foot right -of -way per KPB 20.30.120. 7. The revised preliminary plat dedicates a 60 -foot extension for the northern portion of Ninilchik Drive which connects with Pey Drive and Brea Avenue providing the block with a looped access back to the Kenai Spur Highway. 8. The rights -of -way proposed to be vacated do not appear to be in use for utilities. 9. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. 10. ACS, ENSTAR, GCI, and Homer Electric Association submitted statements of conditional approval to the revised preliminary plat. 11. By adoption of PZ14 -21, the Kenai Planning and Zoning Commission granted conditional approval to the revised preliminary plat, which will finalize the proposed vacations. 12. The KPB Plat Committee granted conditional approval to the preliminary plat on September 22, 2014. VOTE: The motion passed by unanimous consent BRYSON CARLUCCIO COLLINS ECKLUND FOSTER HOLSTEN (SHAM ABSENT YES YES YES YES YES YES LOCKWOOD MARTIN RUFFNER TAURIAINEN VENUTI WHITNEY 11 YES YES I YES YES YES ABSENT YES 2ABSENT AGENDA ITEM F. PUBLIC HEARING KENAI PENINSULA BOROUGH PLANNING COMMISSION OCTOBER 27, 2014 MEETING MINUTES PAGE 14 UNAPPROVED MINUTES M." CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14 -21 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 AND RECINDING RESOLUTION PZ14 -19: WHEREAS, Resolution No. PZ14 -19 was passed by the Planning and Zoning Commission on August 27, 2014, recommending the Kenai Peninsula Borough Planning Commission approve the plat of SHORELINE HEIGHTS 2014 ADDITION. WHEREAS, Integrity Surveys, Inc. submitted the preliminary plat of SHORELINE HEIGHTS 2014 ADDITION to the Kenai Peninsula Borough for review and approval by the Kenai Peninsula Borough Planning Commission. WHEREAS, the Kenai Peninsula Borough requested that Integrity Surveys make revisions to the preliminary plat of SHORELINE HEIGHTS 2014 ADDITION, as follows: 1. An additional ten foot be dedicated to increase the width of the right -of -way for Wells Way from fifty (50) feet to sixty (60) feet, pursuant to KMC 14.10.070(b)(2). 2. A portion of SHORELINE HEIGHTS 2014 ADDITION is a subdivision of Block One (1) and Two (2), Radar Subdivision. During the review by the Kenai Peninsula Borough of the plat, it was discovered that the utility easements and right -of -way (street shown as Anchor Way on the plat of Radar Subdivision, Plat No. K -706) had not been vacated; therefore, the Borough requested that the plat of SHORELINE HEIGHTS 2014 ADDITION be revised to vacate this right -of -way and utility easements. WHEREAS, the revised plat of SHORELINE HEIGHTS 2014 ADDITION was referred to the City of Kenai Planning and Zoning Commission on September 24, 2014, and received from Integrity Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned Rural Residential (RR) and therefore subject to said zone conditions. 2. City Water is available. The developer will extend city water to serve each lot. 3. City Sewer is not available. Individual septic systems will be required on each lot. 4. Plat does not subdivide property within a public improvement district subject to special assessments. 5. An installation agreement or construction of improvements are required. 6. The status of surrounding land is shown on the plat. 7. Utility easements, if required, shall be shown. 8. Surveyor shall verify that no encroachments exist. If an encroachment exists; plat will not create nor increase the encroachment. 9. Street names designated on the plat are not correct. The street names will be changed prior to approval of the final plat. 10. Lots 1 through 21, inclusive, are subject to bluff erosion. 11. CONDITIONS: a. It is the intent of the owner to develop this project in phases. The City of Kenai and the developer will enter into an installation agreement pursuant to KMC 14.10.080(b) for each phase and the developer will provide the City of Kenai with a bond guaranteeing completion of the improvements for each phase of development. The paving of the streets will not be required until the final phase of development of the subdivision. b. When streets are constructed, they must meet the minimum requirements as set forth in KMC 14.10.080. c. The utility easement as noted under plat note number 3 shall be changed from fifteen (15) feet to ten (10) feet adjacent to the rights -of -way. The plat note shall be amended to read as follows: 3) Front 10 feet adjacent to the rights -of -way is a utility easement. This easement is for above ground transformers and pedestals only. All underground utilities within the easement must be installed perpendicular to the rights -of -way. No permanent structure shall be constructed or placed within a utility easement which would interfere with the ability of a utility to use the easement. d. The access easements for the cul -de -sacs located at the north and south end of "Pey Drive" should be executed and recorded concurrently with the recorded plat. e. Road design must be stamped by an engineer licensed in the State of Alaska. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet with City and Borough regulations. g. A note should be added to the preliminary plat, as follows: 'lots 1 through 21, inclusive, are subject to bluff erosion. Covenants addressing bluff side building setbacks will be recorded in the Kenai Recording District. h. Prior to water mains being extended into the subdivision, the plans must be approved by the Alaska Department of Environmental Conservation and the City of Kenai. The septic systems must be installed in accordance with the Alaska Department of Environmental Conservation regulations. j. An engineering plan is required to show fire hydrant locations and line sizes for flow rates per the Kenai (MOA) standard. k. Installation of signs including, but not limited to, stop signs, speed limit signs and street signs. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE SHORELINE HEIGHTS 2014 ADDITION SUBJECT TO THE CONDITIONS OF APPROVAL LISTED ABOVE AND THAT RESOLUTION PZ14 -19 IS RECINDED. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, SEPTEMBER 24, 2014. 1 CHAIRPERSON:,, ✓ � 4��"t /� ATTEST: � Jeff ait, Chairman San Capodi h, City Oerk CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14 -19 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 of SHORELINE HEIGHTS 2014 ADDITION was Kenai Planning and Zoning Commission on August 27, 2014, and rd Surveys. WHEREAS, the City of Kenai Planning and Zoning Commission 1. Plat area is zoned Rural Residential (RR) and 2. City Water is available. 3. City Sewer is not available. Property lot. 4. Plat does not subdivide property assessments. 5. An installation agreement or, enst. ction zone conditions. dual septic systems to each rovement district subject to special provements are required. 6. The status of surrounding land is shown on the plat. 7. Utility easements, if #eguir0, shall be shown. 8. Plat shall verif . that n cr chments exist. If an encroachment exists; plat does not create nor i se n achment. 9. Street names designate on the plat are not correct. The street names will be changed priorfo'aval of the final plat. 10. 4 qkt§ %througV1, inclusive, are subject to bluff erosion. a. , jots on the preliminary plat must be reconfigured so that lot 47 meets the Nrn nimum lot size of 20,000 square feet. b. If lots are sold prior to construction of all required improvements, an installation agreement will be required pursuant to KMC 14.10.080(b). c. It is the intent of the owner to develop this project in phases. The City of Kenai and the developer will enter into an installation agreement for each phase and the developer will provide the City of Kenai with a bond guaranteeing completion of the improvements for each phase of development. The paving of the streets will not be required until the final phase of development of the subdivision. d. When streets are constructed, they must meet the minimum requirements as set forth in KMC 14.10.080. e. The access easements for the cul -de -sacs located at the north and south end of "New Street Drive" should be executed and recorded concurrently with the recorded plat. f. Road design must be stamped by an engineer licensed in the State of Alaska. g. Surveyor and property owner must work with the City of Kenai and t enai Peninsula Borough when designating street names to ensure na Mee ith y and Borough regulations. h. A note should be added to the preliminary plat, as follo : "Lo th h 21, inclusive, are subject to bluff erosion. L i. When water mains are extended into the subdi nXnust be approved by the Alaska Department of Environmental Co vats . j. The septic systems must meet the regul t� ory requi nts of the Kenai Peninsula Borough and be approved by the Alaska apartmin of Conservation. k. An engineering plan is required to sh J fir hydrant locations and line sizes for flow rates per the Kenai (MOA)ptandard. I. Installation of signs iAcluding, b not limited to, stop signs, speed limit signs and street signs. NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF . KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE SHORELINE HEIGHTS 2014 ADDITION SUBJECT TO THE CON90140US OF APPR6VAL LISTED ABOVE. PASSED.B THE P NNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AUGUST 27, CHAIRPERSON: ATTEST: Jeff Twait, Chairman Sandra Modigh, City Clerk STAFF REPORT To: Planning & Zoning Commission Date: September 18, 2014 GENERAL INFORMATION Applicant: Integrity Surveys 283 -9047 820 Set Net Drive Kenai, AK 99611 Res: PZ14 -21 Requested Action: Preliminary Subdivision Plat — Shoreline Heights 2014 Addition (A Subdivision of Block 1 and 2 Radar Subdivision, Plat No. K -706, and Tract Al -A, Shoreline Heights Subd., No. 3, Plat No. 99 -5) Existing Legal Description: Blocks 1 and 2, Radar Subdivision and Tract Al -A, Shoreline Heights Subd., No. 3 Proposed Legal Description: Lots 1 through 48, inclusive, Shoreline Heights 2014 Addition Street Address: 14551 Kenai Spur Highway and 1517 Ninilchik Drive KPB Parcel No.: 03901055 and 03914101 Existing Zoning: Rural Residential Current Land Use: Vacant Land Use Plan: Rural Residential ANALYSIS This plat subdivides two parcels containing approximately 48 acres into a subdivision containing 48 lots. The subdivision is located in the Rural Residential zone, which requires a minimum lot size of 20,000 square feet. The lots range in size from 24,200 square feet to 50,685 square feet; therefore, all the lots meet the minimum lot size requirement for the zone. The minimum lot width for the Residential Zone is ninety feet with the exception of corner lots which require an additional ten feet as set forth in KMC 14.10.70(e)(4). The lots within the subdivision meet the minimum lot width requirement. The plat also dedicates a 60 foot right of way for Ninilchik Street, "Pey Drive' and "Bree Avenue ". An additional ten foot is being dedicated to increase the width of the right -of- way for Wells Way from fifty (50) feet to sixty (60) feet, pursuant to KMC 14.10.070(b)(2). The southeasterly portion of Ninilchik Street indicates a 30 foot right - of -way which does not meet the minimum width required in KMC 14.10.070(b)(2). The r` PZ14 -21 Page 2 Planning and Zoning Commission, may, in its discretion by majority vote of its members, lessen this distance to not less than 50 feet. The Planning & Zoning Administration has no objection to the 30 foot right -of -way. It is likely that this right -of -way will be vacated in the future by the owner of Lott -A2, R. M. Thompson Subd., 2012 Addn., Amended. Dead end streets over 150 feet in length must provide a vehicle turn around 100 feet in diameter. The City of Kenai has requested that temporary cul -de -sacs be placed at the north and south end of "Pey Drive "; however, the Kenai Peninsula Borough has asked that a public access easement be dedicated through a separate document and not by the plat. This would allow the Kenai Peninsula Borough to release the easement when, and if it was no longer needed without going through the platting procedure to remove the cul -de -sacs, while allowing for the construction of temporary cul -de -sacs until further development occurs on adjacent properties to the north and south. When streets are constructed, they must meet the minimum requirements set forth in KMC 14.10.080. The City will require an installation agreement for development of the rights -of -way within the subdivision. City water lines are located within the right of way of Wells Way and can be extended to the subdivision. The water mains being extended into the subdivision must be approved by the Alaska Department of Environmental Conservation. The City will require an installation agreement for installation of City water. The City sewer line is greater than a distance of 200 feet from the subdivision; therefore, the developer has elected to install individual septic systems to each lot. The septic systems must meet the regulatory requirements of the Kenai Peninsula Borough and be approved by the Alaska Department of Conservation. The right -of -way access easement and utility easements which were dedicated on the plat of Tract Al -A Shoreline Heights No. 3 are being vacated by the plat of Shoreline Heights 2014 Addition (refer to notes 6 & 7 of preliminary plat). The plat of Shoreline Heights 2014 Addition also vacates the 30 foot right -of -way for Dation Drive; the 20 foot alleyway adjacent to Lot IA-2 R. M. Thompson Subd., 2012 Addition Amended; and a ten foot portion of Ninilchik Drive (southern entrance). A portion of SHORELINE HEIGHTS 2014 ADDITION is a subdivision of Block One (1) and Two (2), Radar Subdivision. During the review by the Kenai Peninsula Borough of the plat of SHORELINE HEIGHTS 2014 ADDITION, it was discovered that the utility easements and right -of -way (street shown as Anchor Way on the plat of Radar Subdivision, Plat No. K -706) had not been vacated; therefore, the Borough requested that plat of SHORELINE HEIGHTS 2014 ADDITION be revised to vacate this right -of -way and utility easements (refer to notes 6 & 7 of preliminary plat). RECOMMENDATIONS This is a preliminary plat that subdivides two parcels into a 48 lot subdivision. The property is located in the Rural Residential zone, which requires a minimum lot size of PZ14 -21 20,000 square feet. Page 3 The plat dedicates rights -of -way in the subdivision and will require an installation agreement to construct the roads to City of Kenai standards. The installation agreement will be developed after the preliminary plat is approved and improvements will be constructed in accordance with the installation agreement. The access easements for the cul -de -sacs located at the north and south end of "New Street Drive' must be executed and recorded concurrently with the recording of the plat. The developer plans to connect to City water. When the water mains are extended into the subdivision, the plans must be approved by the Alaska Department of Environmental Conservation. The City will require an installation agreement for installation of City water. Individual septic systems will be installed on the lots by the developer. The septic systems must be approved by the Alaska Department of Environmental Conservation. It is the intent of the owner to develop this project in phases. The City of Kenai and the developer will enter into an installation agreement for each phase and the developer will provide the City of Kenai with a bond guaranteeing completion of the improvements for each phase of development. The paving of the streets will not be required until the final phase of development of the subdivision. Recommend approval with the following conditions: a. If lots are sold prior to construction of all required improvements, an installation agreement will be required pursuant to KMC 14.10.080(b). b. It is the intent of the owner to develop this project in phases. The City of Kenai and the developer will enter into an installation agreement for each phase and the developer will provide the City of Kenai with a bond guaranteeing completion of the improvements for each phase of development. The paving of the streets will not be required until the final phase of development of the subdivision. c. When streets are constructed, they must meet the minimum requirements as set forth in KMC 14.10.080. d. The access easements for the cul -de -sacs located at the north and south end of "Pey Drive" must be executed and recorded concurrently with the recorded plat. e. Road design must be stamped by an engineer licensed in the State of Alaska. f. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet with PZ14 -21 Page 4 City and Borough regulations. g. When water mains are extended into the subdivision, the plans must be approved by the Alaska Department of Environmental Conservation. h. The septic systems must be approved by the Alaska Department of Environmental Conservation. I. An engineering plan is required to show fire hydrant locations and line sizes for flow rates per the Kenai (MCA) standard. j. Installation of signs including, but not limited to, stop signs, speed limit signs and street signs. ATTACHMENTS: 1. Resolution No. PZ14 -21 2. Resolution No. PZ14 -19 3. Staff Report dated August 19, 2014 4. Revised Preliminary Plat 5. Drawing STAFF REPORT To: Planning & Zoning Commission Date: August 19, 2014 Res: PZ14 -19 GENERAL INFORMATION Applicant: Integrity Surveys 283- lia , 820 Set Net Drive Kenai, AK 99611 \rJ Requested Action: Preliminary Subdivision Plat —Sh e H i�hts 2014 Addition (A Subdivision of Block 1 and 2 division, Plat No. K -706, and Tract Al -A, Shoreline FJts d., No. 3, Plat No. 99 5) Existing Legal Description: Blocks 1 and 2, R air Sub ision and Tract Al -A, Shoreline Heights Subd., No Proposed Legal Description: Lots 1 thrcyglL49, sive, Shoreline Heights 2014 Addition Street Address: 14551 Ke i S r Highway and 1517 Ninilchik Drive KPB Parcel No.: 0390 914101 Existing Zoning: Rura Re :h0914101 Existing Current Land Use: t-ftnt Land Use Plan: RK Residential ANALYSIS A This plat di ' 6 two parcels containing approximately 48 acres into a subdivision contai glpts. The subdivision is located in the Rural Residential zone, which re s mmum lot size of 20,000 square feet. The lots range in size from 18,907 s f to 56,694 square feet; therefore, all the lots with the exception of Lot 47 mee a minimum lot size for the zone. The lots on the preliminary plat should be reconfigured so that lot 47 meets the minimum lot size of 20,000 square feet. The minimum lot width for the Residential Zone is ninety feet with the exception of corner lots which require an additional ten feet as set forth in KMC 14.10.70(e)(4). The lots within the subdivision meet the minimum lot width requirement. The plat also dedicates a 60 foot right of way for Ninilchik Street, "New Street Drive" and "New Name Avenue ". The southeasterly portion of Ninilchik Street indicates a 30 foot right -of -way which does not meet the minimum width required in KMC 14.10.070(b)(2). The Planning and Zoning Commission, may, in its discretion by majority PZ14 -19 Page 2 vote of its members, lessen this distance to not less than 50 feet. The Planning & Zoning Administration has no objection to the 30 foot right -of -way. Dead end streets over 150 feet in length must provide a vehicle turn around 100 feet in diameter. The City of Kenai has requested that temporary cul -de -sacs be placed at the north and south end of "New Street Drive "; however, the Kenai Peninsula Borough has asked that a public access easement be dedicated through a separate document and not by the plat. This would allow the Kenai Peninsula Borough to release the easement when, and if it was no longer needed without going through the platting procedure to remove the cul -de -sacs, while allowing for the construction of temporary csacs until further development occurs on adjacent properties to the north and s9ert ) When streets are constructed, they must meet the minimum requir �t'forth in KMC 14.10.080. The City will require an installation agreement fa( to ment of the rights -of -way within the subdivision. ilk \1 City water lines are located within the right of way of Wel WayNd can be extended to the subdivision. The water mains being extended into bd' ision must be approved by the Alaska Department of Environmental Con The City will require an installation agreement for installation of City waXr1 The City sewer line is greater than a distance A 200 feet from the subdivision; therefore, the developer has elected to install in lvidual septic systems to each lot. The septic systems must meet the regulatory requirements of the Kenai Peninsula Borough and be approved by the Alaska Department of Conservation. The right -of -way access ea ment and utility easements which were dedicated on the plat of Tract Al -A Shoreline Heights No. 3 are being vacated by the plat of Shoreline Heights 2014 Addition r r to note 6 of preliminary plat). The plat of Shoreline Heights 2014 Addition als a the 30 foot right -of -way for Dation Drive; the 20 foot alleyway adjacent to A -2 R. M. Thompson Subd., 2012 Addition Amended; and a ten foot p ort ionilchik Drive (southern entrance). Th' a�pr�liminary plat that subdivides two parcels into a 49 lot subdivision. The I y located in the Rural Residential zone, which requires a minimum lot size of 20,0 quare feet. Lot 47 does not meet the minimum lot size of 20,000 square feet. The lots on the preliminary plat should be reconfigured so that lot 47 meets the minimum lot size of the zone. The plat dedicates rights -of -way in the subdivision and will require an installation agreement to construct the roads to City of Kenai standards. The installation agreement will be developed after the preliminary plat is approved and improvements will be constructed in accordance with the installation agreement. PZ14 -19 Page 3 The access easements for the cul -de -sacs located at the north and south end of "New Street Drive" must be executed and recorded concurrently with the recording of the plat. The developer plans to connect to City water. When the water mains are extended into the subdivision, the plans must be approved by the Alaska Department of Environmental Conservation. The City will require an installation agreement for installation of City water. Individual septic systems will be installed on the lots by the developer. JfflVtic systems must meet the regulatory requirements of the Kenai Peninsula Boyeuxanfl be approved by the Alaska Department of Conservation. 4VIII.- 1 It is the intent of the owner to develop this project in phases. Th f ai and the i developer will enter into an installation agreement for each he developer will provide the City of Kenai with a bond guaranteeing corn o f the improvements for each phase of development. The paving of the street wi I n e required until the final phase of development of the subdivision. Recommend approval with the following conditi a. The lots on the preliminary plat mu keco figured so that lot 47 meets the minimum lot size of 20,000 squarelf*e b. If lots are sold prior to con tiorPly all required improvements, an installation agreement will be requiek pu ant to KMC 14.10.080(b). c. It is the intent of the ow to develop this project in phases. The City of Kenai and the develo r II enter into an installation agreement for each phase and the developel�yvi vide the City of Kenai with a bond guaranteeing completion of the improve is for each phase of development. The paving of the streets will not V ired until the final phase of development of the subdivision. d. en ets are constructed, they must meet the minimum requirements as set o h KMC 14.10.080. e.he access easements for the cul -de -sacs located at the north and south end of "New Street Drive" must be executed and recorded concurrently with the recorded plat. f. Road design must be stamped by an engineer licensed in the State of Alaska. g. Surveyor and property owner must work with the City of Kenai and the Kenai Peninsula Borough when designating street names to ensure names meet with City and Borough regulations. PZ14 -19 Page 4 h. When water mains are extended into the subdivision, the plans must be approved by the Alaska Department of Environmental Conservation. I. The septic systems must meet the regulatory requirements of the Kenai Peninsula Borough and be approved by the Alaska Department of Conservation. j. An engineering plan is required to show fire hydrant locations and line sizes for flow rates per the Kenai (MOA) standard. k. Installation of signs including, but not limited to, stop signs, speed limit.�nd street signs. Y "I 1141 e with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1IIIIt 1992 v MEMORANDUM: TO: Planning and Zoning Commission FROM: Matthew Kelley, City Planner DATE: September 24, 2014 SUBJECT: Shoreline Heights — PZ14 -21 The purpose of this correspondence is to convey comments received by the City of Kenai, Public Works Department. In a review of the revised Preliminary Plat, submitted for the proposed project, "Note 3" states: "Front 15 feet adjacent to the rights -of -way is a utility easement. No permanent structure shall be constructed or placed within a utility easement which would interfere with the ability of a utility to use the easement." Pursuant to KMC 14.10.070(c) utility easements shall be limited to a width of 10 feet. Thus, staff recommends that this note be changed to allow for a 10 -foot wide utility easement instead of a 15 -foot wide utility easement. "Villa9e with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 �Illlf 1997 MEMORANDUM: TO: Planning and Zoning Commission FROM: Matthew Kelley, City Planner DATE: September 24, 2014 SUBJECT: Shoreline Heights — PZ14 -21 The purpose of this correspondence is to convey comments received by the City of Kenai, Public Works Department. In a discussion with the Applicant and the Department of Public Works, staff is also recommending that "Note 3" be revised to state 'This easement is for above ground transformers and pedestals only. All underground utilities within this easement must be installed perpendicular to the rights -of- way." As of this writing, letters of non - objection have been received from HEA, GCI, Enstar Natural Gas, and ACS. This additional language may be added at the pleasure of the Planning and Zoning Commission. f r� Wilma Anderson From: Jennifer Diederich [ Jennifer. Diederich @enstarnaturalgas.com] Sent: Wednesday, September 24, 2014 3:21 PM To: Sean Wedemeyer Cc: bryanlowe123 @yahoo.com; Robin L. Leighty Subject: Re: 15' easement on Shoreline Heights > To Whom it May Concern: > In the case of Shoreline Heights 2014 Addition, ENSTAR Natural Gas > Company agrees to the following; > Amend note 3) as follows: Reduce 15' to 10' and add the following "This easement is for above ground transformers and pedestals only. All underground utilities within this easement must be installed perpendicular to the rights -of- way." > This consent applies to this case only, and does not indicate that ENSTAR Natural Gas Company would be agreeable to this arrangement on any future developments within the Kenai Peninsula Borough Planning Board's jurisdiction. Thank you, Jennifer Diederich Sent from my iPhone On Sep 24, 2014, at 2:55 PM, "Sean Wedemeyer" <swedemeverRci.kenai.ak.us> wrote: > Nice talking with you Jennifer. Thanks in advance for the quick turnaround, sorry about dropping this on you just hours before our PnZ meeting. Attached is the plat. Below you can see my recommended amendments and how ACS responded in the affirmative. Have a safe flight! > Regards, > Sean Wedemeyer > Public Works Director > City of Kenai > (907) 283 -8240 Office > (907) 599 -0025 Mobile > bpd > From: "Jackson, Byron" > <Byron.Jacksonoacsalaska.com< mailto :Byron.7ackson(dacsalaska.com>> > Date: September 24, 2014 at 9:48:07 AM AKDT > To: 'Bryan' <bryanlowel23(@yahoo.com< mailto:bryanlowe123(@yahoo.com>> > Subject: RE: 15' easement on Shoreline Heights To Whom it May Concern: > In the case of Shoreline Heights 2014 Addition, Alaska Communications > (ACS) agrees to the following; > Amend note 3) as follows: Reduce 15' to 10' and add the following "This easement is for above ground transformers and pedestals only. All underground utilities within this easement must be installed perpendicular to the rights -of- way." > This consent applies to this case only, and does not indicate that ACS would be agreeable to this arrangement on any future developments within the Kenai Peninsula Borough Planning Board's jurisdiction. 1 f� > Thank You, > Byron T. Jackson > From: Bryan [ mailto:brvanlowe123(@yahoo.com] > Sent: Wednesday, September 24, 2014 9:35 AM > To: Jackson, Byron > Cc: > patrick. lawrence(denstarnaturalgas.com< mailto :oatrick.lawrence(@enstarna > turalgas.com> > Subject: Fwd: 15' easement on Shoreline Heights > Hi > Byron & Patrick could I please get a email from both of you before > tonight's Kenai city meeting. Agreeing on These easement for shoreline > Heights subdivision > Thank you > Bryanlowe > 907- 398 -1999 > Sent from my iPhone > Begin forwarded message: > From: Sean Wedemeyer > <swedemeyer(@ci.kenai.ak.us< mailto :swedemeyer(ci.kenai.ak.us>> > Date: September 24, 2014 at 9:07:59 AM AKDT > To: Bryan Lowe <bryanlowe123(d yahoo .com<mailto:bryanlowe123(dyahoo cam» > Cc: Matthew Kelley > <mkelley(@ci.kenai.ak.us< mailto :mkelley(@ci.kenai.ak.us>>, Wilma > Anderson <wanderson(@ci.kenai.ak.us< mailto :wanderson(@ci.kenai.ak.us>>, > Bill Nelson <bnelson(dalaska. net <mailto:bnelson(dalaska.net>>, "Scott > Huff - Integrity Surveys Inc." > <integritysurveys(@alaska.net< mailto :integritysurveys(@alaska.net>>, > Larry Floyd <lflovd(dci. kenai. ak. us< mailto:lflovd(@ci.kenai.ak.us>>, > Scott Bloom <sbloom(dci. kenai. ak. us <mailto:sbloom(aci.kenai.ak.us>> > Subject: RE: 15' easement on Shoreline Heights Bryan, as we discussed, > the utilities do not have any official authority but if they do not agree with the plat the borough planning and zoning commission is unlikely to approve it. The following is going to be recommended by the city, and to avoid delays it is in your best interest to get all the utilities on board before tonight's PnZ meeting. > Amend note 3) as follows: Reduce 15' to 10' and add the following "This easement is for above ground transformers and pedestals only. All underground utilities within this easement must be installed perpendicular to the rights -of- way." > Regards, > Sean Wedemeyer > Public Works Director > City of Kenai > (907) 283 -8240 Office > (907) 599 -0025 Mobile 2 e > This transmittal may contuin confidential information intenaed solely > for the addressee. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this communication in error, please notify us immediately by reply or by telephone at 907 - 297 -3000 and ask to speak with the message sender. In addition, please immediately delete this message and all attachments. Thank you. Alaska Communications <Shoreline Heights 2014 Addn.pdf> 3 Wilma Anderson From: Bradley Beck [bbeck @gci.com] Sent: Wednesday, September 24, 2014 3:54 PM To: Bryan Cc: Sean Wedemeyer Subject: Re: 15' easement on Shoreline Heights GCI has no objection to the proposed amendment to the plat. On Sep 24, 2014, at 10:14 AM, "Bryan" <bryanlowe123 @yahoo.com> wrote: Hi Bradley Could I get a email from you agreeing to these easements for shoreline Heights subdivision before the city of Kenai meeting today. Thank you Bryan 907 - 398 -1999 Sent from my iPhone Begin forwarded message: From: Sean Wedemeyer <swedemever @ci.kenai.ak.us> Date: September 24, 2014 at 9:07:59 AM AKDT To: Bryan Lowe <bryanlowe123@yahoo.com> Cc: Matthew Kelley <mkellev @ci.kenai.ak.us >, Wilma Anderson <wanderson @ci.kenai.ak.us >, Bill Nelson <bnelson @alaska. net >, "Scott Huff- Integrity Surveys Inc." <inteeritysurveys @alaska.net >, Larry Floyd <Ifloyd @ci.kenai.ak.us >, Scott Bloom <sbloom @ci.kenai.ak.us> Subject: RE: 15' easement on Shoreline Heights Bryan, as we discussed, the utilities do not have any official authority but if they do not agree with the plat the borough planning and zoning commission is unlikely to approve it. The following is going to be recommended by the city, and to avoid delays it is in your best interest to get all the utilities on board before tonight's PnZ meeting. Amend note 3) as follows: Reduce 15' to 10' and add the following "This easement is for above ground transformers and pedestals only. All underground utilities within this easement must be installed perpendicular to the rights -of- way." Regards, Sean Wedemeyer Public Works Director City of Kenai (907) 283 -8240 Office (907) 599 -0025 Mobile Wilma Anderson From: Sean Wedemeyer Sent: Wednesday, September 24, 2014 5:04 PM To: Matthew Kelley; Wilma Anderson Cc: Larry Floyd; Scott Huff - Integrity Surveys Inc.; Bryan Subject: FW: Shoreline Heights PUE note amendment non - objection letters 4 for 4. Regards, Sean Wedemeyer Public Works Director City of Kenai (907) 283 -8240 Office (907) 599 -0025 Mobile From: Neuendorf, Cody imailto :CNeuendorf@HomerElectric.com] Sent: Wednesday, September 24, 2014 4:41 PM To: Sean Wedemeyer Cc: McDonough, Kathy Subject: RE: Shoreline Heights PUE note amendment non - objection letters Sean, I have completed the review of the proposed amendment to Note 3 of Shoreline Heights 2014 Addition. The proposed amendment to Reduce 15' to 10' and add the following "This easement is for above ground transformers and pedestals only. All underground utilities within this easement must be installed perpendicular to the rights -of- way." Similar to the sentiments of Enstar Natural Gas Company, HEA has no objection to this amendment given that this consent applies to this case only. HEA asks that further discussion of this matter take place prior to approval of this language on future plats filed with the Kenai Peninsula Borough Planning Commission as it has the potential to create future implications on HEA's standard design practices for placement of underground facilities. Thanks, Oool,� Neuewdorf RWA Land Management Officer Homer Electric Association, Inc. 280 Airport Way Kenai, AK 99611 907.335.6209 - Office 907.398.6170 - Mobile cneuendorWhomerelectric.com From: Sean Wedemeyer [mailto:swedemeyer@ci.kenai.ak us] Sent: Wednesday, September 24, 2014 4:02 PM To: Neuendorf, Cody Cc: Matthew Kelley; Bryan; Wilma Anderson; Scott Huff - Integrity Surveys Inc. Subject: Shoreline Heights PUE note amendment non - objection letters Cody, I've got 3 out of four in writing. Any luck with the brass at HEA? Regards, Sean Wedemeyer Public Works Director City of Kenai (907) 283 -8240 Office (907) 599 -0025 Mobile bpd COMB L.OT N8859'22 821 'E .59' N88759'22'E W4.411 O® \ - � - -- -_ -_- J247 2-- 48 '� Taoaa WTAIP .S � 24,435 OF `\� \ 2ta4 \ \ Sfl{f 9 S x.25' \ � NBv4B'13'E � \4A\; O� /� E 178.12' 215.28 \ $ fig\ /G \� Al 7 \ N�'5480� 2 aIAW VINMW y_ Yq 4% \��\ )I1.2S3 S O U�tx 21,143 SF ` \ 1 ' 47,325 S 27• V °l1 �'i" C3' �� � CERTTFl w OF SURVEYOR , \ �' E 459.g5 1 NEIiED CERTIFY MAT Ile PROPEnLY $ 1 6°''O �8}ry'15 4 WXIa wWO �. �� \ IJIR REGISTERED ANSI LICENSED ro PRACTICE LAID SURVEWNG IN ME STATE OF ALASI(A, THIS PLAT 49,493 � w' \ ®�� ��� . \ REPRESENTS A SURVEY MADE BY ME SP UNDER MY \ BS f8'� 24200 \� DIRECT SUPERVISION. THE MONUMENTS SHOWN (^ QT HEREON ACTUALLY EXIST AS DESCRIBED. AND ALL p1M11EE NORMALLNSOTA OTHER DETAILS OFFPPRACTICE EOF LAND •\ 'A' ' , 16 GUYS ` E 5 SURVEYORS IN THE STATE OF ALASI(k \ Y 50.e94 sry0+a° A�5 \ �BLO¢1W y. \ ,'•'' Air '•�(10�' ?� � Ada 1R/M � Q �. Pty 1 \ 47,821 S 12 SIF S ,K DN. 1A,• 46,121 \T � .,y 272" •i M°� xua wno \...ran 24'Oa!E o 48.0011 sF�s 17 01' .\ \� 42, ./.i. \ +A+' aon wunn 24,988 SF,E''; \ C7 ,+ 2r•, o y} �}D° sm wt..xo N. \ 89.088 3Ftl'E ST 44,393 S Z gg f�j � ✓)"it "- )< � , 35.72 , ��L�x1(� \ q \+E 12 14,703 S2ge''S MUTES: \ \ ">j�'E13 � ��°• F8141DI IFT LINE So,9{09i: 1) DEVELOPMENT OF THESE LOTS ARE SUBMECT TO THE CITY OF KENAI 1 !'S W\ 44,810 ZONING REGULATORS \ AA7 a0. uTMO "• � � .a' u+iL [!Pi �' 2) NO PRIVATE ACCESS TO STATE MAINTAINED ROWS PERMITTED UNLESS +E APPROVED BY THE STATE OF ALASKA DEPARTMENT OF TRANSPORTATION, 4\ 3) FRONT 15 FEET ADJACENT TO THE RIGHTS -OF -WAY IS A UTILITY '4'• 1 44,751 S EASEMENT. NO PERMANENT STRUCTURE SHALL BE CONSTRUCTED OR p� qO\ +14,1 ?5 aem �� YE Mort T. ABILITY OF A UTLTY TO USE THEE NT TOOULD INTERFERE WTTi ME "\ y \i^ '. „i p4 E15 e um_ Esrt 6J 4) ROADS MUST MEET ME DESIGN AND CONSTRUCTION STANDARDS ,A5�8 {}808 S 300 0. \ �°• ESTASJSHED BY THE CITY OF MAI IN ORDER TO BE CONSIDERED FOR Aa CERTIFICATION AND INCLUSION IN ME ROAD MAINTENANCE PROGRAM. \ ((.`'yid 7:E 5) 114E NATURAL MEANDERS OF ME LINE OF MEAN HIGH WATER FORMS ME r ? j \ 5•'0 16 W 2gOB' N17Y TRUE BOUNDS OF ME SUNXNSON. THE APPROVIKATE LINE OF MEAN - 145 ��4100 SF 2g0�S � 28 NO HIGH WATER, AS SHOWN. IS FOR COMPUTATIONS ONLY. THE ME. PROPERTY CORNERS BEING ON THE EXTENSION OF THE ODE LOT LINES , \ \ 4aa'.� mox ur1We W',p• $ AND THEIR INTORSCTION 1WTH THE NATURAL MEANDERS. ,g \ (^ ,a8 +y`6 17 Vai 6) PUBLIC RIGHT OF WAYS AND RIGHT OF WAY EASEMENTS THAT ARE BONG '�' N •1 \ Ic'm S VACATED BY THIS PLAT WERE APPROVED BY THE MAI PENINSULA BOROUGH PLANNING COMMSSION ON THE MEETING OF 204. '.\1St tt >•m Ynvo _ — 7) UTILITY EASEMENTS THAT ARE BEING VACATED BY THIS PLAT WERE V ,� T(T VL APPROVED BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION ON •t , 176 S .xp.3tii g\ THE MEETING OF 2014. \ e) ALL LOTS TO BE SERVED BY Ott WATER DONORS. •\ �� �+ygS .�3�R'Tc 19 9) WASTEWATER DISPOSAL SOL CONOTOfNS, WATER TABLE LEVELS, AND .a 1,160 SF SOIL SLOPES N THIS SVBOIVISION HAVE BEEN FOUND SUITABLE FOR CONVENTIONAL ONSTE WASTEWATER TREATMENT AND DISPOSAL SYSTEMS \ $' 1.18' Tc SERVING SINGE - FAMILY OR WPIEK RESIDENCES AND MEETING THE . \ a. 151.54 793x2° E 48 REGULATORY REQUIREMENTS O' ME MA PENINSULA BOROUGH. ANY N 2O aa4ee W1WN V� OTTER TIRE OF ONSTE WASTEWATER TREATMENT AND DISPOSAL SYSIOM \42.419 S MUST BE DESIGNED BY A PROFESSIONAL ENGINEER, REGISTERED TO y22.4'' PRACTICE IN ALASKA. AND THE DESIGN MUST BE APPROVED BY THE .fL" \ ALASKA DEPARTMENT O' ENVIRONMENTAL CONSERVATION. f 11151 •E 476.2W i + 21 acme ('(no e Q,835 S g ENGINEER LICENSE f DATE 1 JY 333.70 umsu