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HomeMy WebLinkAbout1976-01-14 P&Z SummaryPROCEDURES FOR PLANNING AND ZONING The Planning and Zoning Commission meets the 2nd and 4th Wednesday of each month at 7:00 p.m. at the City Manager's Office. The members are as follows: Mr. Ron Malston Mrs. Sharon Loosli Box 3771 Box 935 Kenai, Alaska 99611 Kenai, Alaska 99611 283-4966 283-4052 Mr. Roland Raymond Box 1262 Kenai, Alaska 99611 776-8121 Mr. Nick Miller Box 3878 Kenai, Alaska 99611 283-4356 or 283-7136 Mr. Milton Stasek Box 1149 Kenai, Alaska 99611 283-4595 Mr. Cliff Heus Box 211 Kenai, Alaska 99611 776-8121 Mr. Mike Hamrick Mrs. Betty Glick (She is Ex -Officio �x 2741 Box 528 Member - she does Kenai, Alaska 99611not have a vote 776-8161 Kenai, Alaska 99611 283-7637 at the meetings) Mr. Ed Ambarian (He is neither a Commission Route 3 member nor an Ex -Officio Kenai, Alaska 99611 member. He is on the City Council and requested that he be sent a packet) On the Friday prior to the meeting, prepare your agenda according to the information you have received during the previous two weeks. You will receive agenda items from the Borough, Mr. Wise, and various other departments. "Old Business" consists of items which the Commission has reviewed before. Any other items go under "New Business". The remainder of the agenda items remain the same. Public Hearings are always the first item on the agenda after "Roll Call". Run off copies of the agenda and any other "backup" material you have for the Commission's review prior to the meeting. Mail out your packets by noon on Friday prior to the meeting to all persons listed above. Mr. Wise and Howard should also receive a copy. Keep one copy for yourself and put one in the packet file. You will need 13 copies altogether. Also run about 10 extra copies of the agenda for the public. On the day of the meeting or several days prior ( depending on the amount of material you have) review any plats with Phil to see if ,"-ie has any recommendations that he wants you to take to the meeting. -f you don't understand any material you have been given, review it with the department which gave it to you so that you have a general understanding of it. Before you leave for the day, set up for your meeting. Place any material that you have for the Commission (Council minutes, etc.) at each place at the Commission table. Also distribute pencils and ash trays and pull in any extra chairs that you need. I usually have four extra for the public. You will need to take to the meeting: 1. Your red book containing your minutes and zoning ordinance. 2. A pad of paper and pens for your minutes. 3. Your packet and any other information you need for each topic. 4. Your roll call sheets. Just before you leave at 5:00, plug in the coffee pot. It is a good idea to get here for the meeting about 10 - 15 minutes early so that you can double check to see that you have everything set up. After the meeting, place any items requested on your next agenda sheet. Run 9 copies of your approved minutes - eight for the Council (give to Sue) and one for the Borough Planning and Zoning Commission. This should be done as soon as possible after the meeting so that Lhe Borough will have our minutes in time for their meeting. Do any follow up work that you have been given at the meeting. THAT'S IT! If you have any questions regarding zoning, ask Howard. If you need help with resolutions, minutes, agenda or proper procedures for an oath of office, etc., ask Sue. GENERAL INFORMATION City Council Sue Peter is the City Clerk. She takes care of all City Council work. The meetings are the first and third Wednesday of each month at the Public Safety Building, 8:00 p.m. Her schedule is much the same as yours. She prepares her packets the Friday prior to her meetings. If you have any information for Council agenda she will need it no later than noon Friday prior to the meeting. Phil, Garth and Howard will give you any information they want placed on the Council agenda. Give it to Sue and ask her how many copies she needs. Material for Council is always reduced to fit on an 8 1/2 x 11 piece of paper. No legal size sheets are placed in the Council packets. PLANNING & ZONING NOTES 1. ON FRIDAY PRYOR TO PLANNING & ZONING MEETING GET WITH PHIL ABER( PUBLIC WORKS SUPERINTENDENT) AND PREPARE AGENDA. 2. MAIL EACH PLANNING & ZOANING MEMBER COPIES OF THE AGENDA IN ORDER FOR THEM TO HAVE TIME TO LOOK THESE OVER, THESE SHOULD BE IN THE MAIL NO LATER THAN NOON FRIDAY. coPi,&s OP CoP-P-F-c—iEl) ("ItlbA-TES 70 -r H U ) 310 P,0 IA&H ('"7) To SLA& Pok- CouWCO, m m SH�ow STLS6,1,v- I/ I/ PLANNING & ZONING COMMISSION (Denote Office) 1. Ron Malson 2. Roland Raymond 3. Nick Miller 4. Clifford Heus M4keZamriak 6. 7. 8. 9. 10. DATE TERM EXPIRES 1-1-79 1-1-77 6-9-79 0 -V7q -r..-So Day of Regular Council meetings First & Third TATednesdav of each MOnth Municipally owned utilities and other revenue producing facilities: Water x Electricity Telephone Airportx Dock Refuse Collection Others (list) SEWER X DOES THE CITY COLLECT A SALES TAX V, -q IF SOl WHAT PERCENT 110 TIME OF REGULAR ELECTION First Tuesdav of Ontobel: ill each Year NAME OF PERSON COMPLETING FORM Sue C. Peter, City Clerk RESOLUTION NO. 68-1. t� , ALASKA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENAI, ALASKA, s/ ESTABLISHING THE QUALIFICATIONS PND TERMS OF OFFICE FOR MEMBERS D OF THE KENAI CITY PLANNING AND ZONING CAMMISSION. WHEREAS, it is in the best interest of the Citizens of the City of Kenai, Alaska, that qualifications be established for.th.e members of the City Planning end Zoning Commission; and WHEREAS, it is also in the best interest of the orderly operation of the City Planning and Zoning Commission that terms of office may be set; and WHEREAS, responsability for this activity rests in the City Council of the City of Kenai, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENAI: ALASKA: that 1. No person may serve on the Planning and Zoning commission of the City of Kenai, other than those presently serving on the commission, who are not property owners (meaning real property owners ve resided- in the corporate limits of the City of Kenai for full consecutive years prior to their appoip�r67� Mand if any member so appointed shall miss -three conCecutive meetings of the Planning and Zoning Commission truth' ut prior approval of the City Council or shal move his residence from the Corporate Limits of the City of Kenai, then such membership shall cease and said appointment shall be null and void. 2. Vacancies on the planning commission shall be filled as any other vacancy set out -in the Charter of the City of Kenai. 3. For the purpose of determining terms of office,the following procedure shall be used. Each new member shall be appointed to fill a three year term of office. The present membership shall draw lots to determine the terms of office with %for 1 year, for 2 years and 3.for 3 years. The Chairman shall be selected from among the membership by secv the emb ga ly met to business. t.�u-►L. Passed this the 3rd day of January, 1963, at Kenai, Alaska. �j ayMayor+` I L fn ofAMAI Attest: 1 City CIerk— — — — — .,Pell? fj Z' zf'o�0 KENAI PLANNING AND ZONING COMMISSION REGULAR MEETING JANUARY 14, 1976 AQe 7:00 P.M. CITY MANAGER'S OFFICE RON MALSTON, CHAIRMAN E OATH OF OFFICE GIVEN TO MICHAEL HAMRICK 1. ROLL CALL Present: Chairman Ron Malston, Nels Kjelstad, Cliff Heus, Betty Glick, Art Evans and Mike Hamrick Absent: Roland Raymond Ex -Officio Member Present: Councilman Ed Ambarian Others Present: Howard Hackney, Deborah Daisy, C. G. Helgelien and Doug Frye of Peninsula Mobile Home Sales 2. PUBLIC HEARING Request from Peninsula Mobi`l*e Home S'al'es for a Conditional Use Permit Chairman Malston opened the meeting to the public for their comments. Mr. C. G. Helgelien, President of Anchorage Trailer Sales of which Peninsula Mobile Home Sales is a subsidiary, stated that his company is the owner of the tract of land at Mile 7, Kenai Spur Highway. The land was acquired in 1967 for the specific purpose of a retail mobile home sales lot and was operated as such from 1967 to 1970. In 1970 the lot was closed due to a drop in the growth of Kenai. This year a decision was made to reopen the lot and a representative was sent to Kenai to obtain the necessary permits, etc. It was later found that he neglected to do so. Mr. Helgelien apol- ogized to the Commission for this error. He further stated that they were not aware that the area had been rezoned to Rural Residential. Mr. Helgelien stated that a good deal of money had been spent on this tract of land during the years of 1967 to 1970. Therefore, his company would like to stay at this location. He also stated that Anchorage Trailer Sales owns 160 acres of land on the North Road of Kenai and has budgeted $3i million for a mobile home court at that location. If they are forced to find another location for their sales lot it will delay their plans in making application for this court. Mr. Helgelien requested that the Commission grant a Variance to Peninsula Mobile Home Sales to operate a retail sales lot at their present location. Chairman Malston asked if there were further comments from the public. There being none, the meeting was brought to the Commission table. REGULAR MEETING' JANUARY 14, 1976 (Item 2- continued) Councilman Ambarian asked sula Mobile Home Sales to if the permit was issued. would be willing to allow office, if the Commission issued a permit to operate stated that building of a the permit. PAGE 2 if it would be allowable for Penin- operate the business out of a trailer Mrs. Daisy stated that the City them until summer to build a permanent concurred and if Mr. Helgelien was the business on this lot. She further permanent structure would be part of Mr. Evans asked if there would be a time limit on the permit. Mrs.. Daisy stated that there would. Chairman Malston asked Mr. Helgelien if he intended to put a permanent structure on the lot. Mr. Helgelien stated that he did. Mrs. Daisy gave the Commission background information regarding Peninsula Mobile Home Sales. She stated that the tract of land is located very near Beaver Loop and the Old Kenai-Soldotna Road, Lots 5, 12 and 13, Block C, in Beaver Creek Subdivision. The ground was originally owned by the State of Alaska and zoned as General Commercial. When the City took over the zoning it was first zoned as Rural Residential and then rezoned as General Commercial by Ordinance 153. When the Borough took over zoning from the City, they adopted all zoning done by -the City to datencludin; this ground as General Commercial. Sam Best of the Borough determined that on January 1, 1975 it was rezoned to Rural Residential, not by a specific ordinance but by a written opinion of the Borough Attorney. Mr. Kjelstad stated that according to his information there was no conditional use provided for a trailer sales lot in the zoning ordinance. Mrs. Daisy stated that this was correct. She read the zoning ordinance applying to this case and stated that the Commission would have to issue a Conditional Use Permit to enable Peninsula Mobile Home Sales to operate in this zone. She further stated that the City had advised Mr. Helgelien that he should look into the possibility of rezoning. The City at this time sees no reason why a Conditional Use Permit could not be issued with an application to expire within two years, during which time Mr. Helgelien should apply for rezoning of that area. Councilman Ambarian stated that he felt it was unfortunate that this piece of land had been rezoned as Rural Residential as other businesses were operating there. He then asked if the land was leased or owned by Anchorage Trailer Sales. Mrs. Daisy stated that it was owned. Councilman Ambarian asked if Peninsula Mobile Home Sales was entitled to Grandfather Rights since they had operated a business at the location prior to the rezoning. Mrs. Daisy stated that they would be if they had not allowed their business license to lapse for a period of two years. This REGULAR MEETING JANUARY 14, 1976 1 PAGE 3 (Item 2 - continued) legally expired their Grandfather Rights. Mr. Kjelstad stated that he would not be adverse to issuing a Conditional Use Permit if the City Attorney said it could be done. Chairman Malston requested that Jan Williams, City Attorney, be called to give her opinion. The City Attorney stated that if the Commission granted a Conditional Use Permit to Peninsula Mobile Home Sales and someone in that area challenged it, the challenger may be successful because of the definition of a Conditional Use Permit. If someone with Peninsula Mobile Home Sales wished to apply to have this property rezoned there was a good chance of success because, in her opinion, written notice should have been given to all property owners in that area before the rezoning was accomplished. This was not done. She further stated that if the Commission was going to issue the Permit they should pass a resolution stating that the Commission believes this area should be zoned differently. The owners of the land should petition for rezoning. The Commission's role would be to recommend that it be done. The City Attorney was thanked for her time and excused by the Commission. MOTION: Mr. Heus moved, seconded by Mr. Evans, that a Conditional Use Permit be issued to Peninsula Mobile Home Sales to allow them to operate a commercial business on Lots 5, 12 and 13, Block C, Beaver Creek Subdivision, for a period of one year._ AMENDMENT: Mr. Heus amended, with the consent of Second, the motion to read ". .for a period of six months.", rather than ". . . .for a period of one year." Motion passed unanimously by roll call vote. A discussion followed as to a shorter time limit on the Permit. A discussion followed as to Mr. Helgelien'operating his business out of a trailer until the permanent structure could be built. Mrs. Glick asked Mr. Helgelien if his business required an office at this time. Mr. Helgelien stated that it did. He further stated that he is presently utilizing a 1975, 14 ft. x 70 ft., aluminum REGULAR MEETING JANUARY 14, 1976 (Item 2 - continued) 'PAGE 4 mobile home as his office and would like to continue to use this for the interim period. Mr. Helgelien stated that he would begin building a permanent structure as soon as the weather permitted and that the date of completion would depend on the City's building codes, which he was not familiar with. MOTION: Mrs. Glick moved, seconded by Mr. Hamrick, that the Commission grant a Conditional Use Permit to Peninsula Mobile Home Sales to continue the use of their present office facilities for a period of three months, ending April 15, 1976. Motion passed unanimously. Chairman Malston asked the Commission if they wished'to initiate the zoning change. MOTION: Mr. Kjelstad moved, seconded by Mrs. Glick, that the Commission recommend to the Kenai Borough Planning Commission that the area in Section 36, Township 6 North, Range 11 West, bounded by the Kenai Spur Highway on the South, 52nd Avenue on the West' Shotgun Drive on the East, and Minchumina Place on the North, be rezoned to General Commercial, and the administration be urged to pursue this at the earliest opportunity. Motion passed unanimously. Chairman Malston requested a reading as to the progress made at the next regular meeting of the Commission. 3. APPROVAL OF MINUTES OF DECEMBER 10, 1975 MOTION: Mr. Kjelstad moved, seconded by Mr. Heus, that the Minutes of December 10, 1975 be approved. Motion passed unanimously. 4. OLD BUSINESS a. American Subdivision - Spetial'Cons id6tactibn Mrs. Daisy stated that the owner,, Sidney Webb, originally submitted a plat with this area divided into three lots. This was not approved because Howard Keiser of the Alaska Department of Environmental Conservation stated the lots were too small for on-site water and sewer. Mr. Webb then submitted a plat with the area divided into two lots, which was approved. He then resubmitted the original three lot plat for reconsideration and this plat was conditionally approved by the Borough Planning Commission. Mrs. Daisy read a portion of the January 5, 1976 Kenai Borough Planning Commission Minutes which stated: REGULAR MEETING JANUARY 14, 1976 (Item 4 --continued) 'PAGE S "Mr. Best then read a letter received from Mr. Howard Keiser, Environmental Field Officer for the Alaska Department of Environmental Conservation, which stated that visual inspection of an excavation on the property reveals soil to be sand and gravel and capable of receiving septic tank effluent . . . Mrs. Daisy stated that she did not receive a copy of this letter so did not know all the details. She stated that the Borough requested approval by the Kenai Planning and Zoning Commission by February 9, 1976. The City recommended disapproval because the soil condition does not change the fact that the lot sizes are too small. MOTION: Mr. Kjelstad moved, seconded by Mr. Hamrick, that this matter be postponed until the next regular meeting of the Commission on January 28, 1976, for further -information. Motion passed unanimously. The Commission requested that Mr. Keiser be asked to attend the next Commission meeting to give additional information. S. NEW BUSINESS a. Retail Hockey Equipment Shop, Conditional Use Permit Mrs. Daisy stated that Chris Garcia wished to start a retail hockey equipment shop in the basement of his home located in Riverbend at Horseshoe End on Beaverloop. In the opinion of the City this should not be allowed since it would set a precedent for others. She requested that the Commission set a date for a public hearing. It was decided by the Commission that a public hearing was not necessary in this matter and that proper procedure was for the Commission to reach a decision. If the Permit was denied, the owner could then appeal to the City Council if he so wished. MOTION: Mrs. Glick moved, seconded postpone any action on the their next regular meeting Mr. Garcia to be present at Motion passed unanimously. by Mr. Kjelstad, that the Commission retail hockey equipment shop until on January 2$, 1976 and notify that time. b. Airport Advisory Committee, FAA Planning Grant Mrs. Daisy stated that the City of Kenai has applied for an FAA Planning Grant for development of a master plan for the _.­.._ _ ........_. ...,..-.... .......—. - - — . REGULAR MEETING JANUARY 14, 1976 (Item 5b - continued) PAGE 6 airport and reserve lands. The City would like to invite an advisory group compiled of different sectors of the community to form a short term committee to review with the City Manager and Administration all plans received from the retained engineering firm regarding the master plan effort. The City would like input from various sectors of the Community, enabling an outlet for the cit- izens' views. The City is requesting recommendations from the Commission as to persons which should be invited to serve on this committee. One member of the committee should be from the Kenai Planning and Zoning Commission. Chairman Malston asked the amount of the Grant. Mrs. Daisy stated between $30,000.00 and $50,000.00. Mr. Hamrick volunteered to represent the Kenai Planning ,and Zoning Commission. MOTION: Mr. Kjelstad moved, seconded by Mr. Heus, that the Kenai Advisory Planning Commission appoint Mike Hamrick as rep- resentative to the proposed Kenai Airport Advisory Committee. Motion passed unanimously. Chairman Malston asked Mrs. Daisy if the primary function of the committee would be to make..recommendations as to the selection of the engineering firm. Mrs. Daisy stated that the City would rather the committee make recommendations as to areas for the firm to look into. The City would also like the committee to attend the public hearings and take an active interest in the Grant. The following recommendations were made by the Commission as to persons to serve on the committee: Sam Best of the Borough planning Department should be contacted - and invited to appoint a representative. Peggy Arness should be contacted and the Chamber of Commerce be invited to appoint a representative to the committee. The Fixed Base Operators should be. contacted and invited to appoint a representative from among themselves. Leo Oberts was recommended as Community Leader at Large, :. It was recommended that a representative from AAI be invited. c. Filing Fees for Zoning Changes Mrs. Daisy stated that a regulation within the Zoning Ordinance allowed the Kenai Planning .and Zoning Commission to set fees for filing and that to date there REGULAR MEETING' JANUARY 14, 1976 (Item Sc - continued) PAGE 7 have been no filing fees. The Borough is presently charging $25.00 but will probably be increasing this to $50.00 at their next meeting. The Municipality of Anchorage charges fees in the range of $25.00 to $75.00. Mrs. Daisy requested recommendation from the Commission to set up filing fees. It could then go before Council in resolution. Mrs. Daisy suggested a $50.00 non-refundable fee for filing of Condi- tional Use Permits and Variances. MOTION: Mr. Kjelstad moved, seconded by Mr. Evans, that the Kenai Planning and Zoning Commission establish a filing fee of $50.00, non-refundable, payable at the time of filing, for filing of requests for Conditional Use Permits, Variances, etc. Motion passed unanimously. d. Killen Estates Mrs. Daisy stated that this property was on Redoubt and Forest Drives and that the area is presently Rural Resi- dential. James and Millie Medema are applying for rezoning of this area to General Commercial. The Borough Commission will have a public hearing on this on February 9, 1976 at the Borough. The ordinance will be introduced to the Borough Assembly on January 20, 1976 and the Assembly will have have their public hearing on February 17, 1976. The Borough requests that the City Commission set a date for their public hearing by February 9, 1976. Mr. Kjelstad stated that the City Commission should have their hearing in conjunction with the Borough Commission. Chairman Malston asked Mrs. Daisy to contact Sam Best and arrange a joint public hearing of the City and Borough in Kenai on February 11, 1976. S. OTHER BUSINESS Mrs. Daisy asked the Commission if they had recommendations for Captial Improvements. There were none. Chairman Malston asked for a report on the Harbor Commission Meeting. Mrs. Daisy stated that Don Young attented the meeting and discussed obtaining funds, the status of the feasibility study of the corps of engineers and whether or not the study will be applicable for using the grant money. Mr. Young stated there were $600,000.00 in a State Bond Fund with no time limit, but that the'Commission should show.an interest in using these funds soon. Chairman Malston asked Mrs. Glick if there was anything to report from the Borough Planning Commission meeting. Mrs. A1.i11t11 r Lt11Y1Y 11Y V 14 !. Vn 11Y V V V1.11.11 JJ 1 V1Y REGULAR MEETING JANUARY 14, 1976 (Item 5 - continued) PAGE 8 Glick stated that she had not been seated on the Borough Planning Commission as yet, but did attend the last .meeting. She got the impression that the Borough is very interested in cooperating with the cities in planning and zoning. Mr. Kjelstad asked if Kenai is entitled to another member on the Borough Planning Commission. Mrs. Daisy stated that the City Attorney was checking on this and would give a report at the next Commission meeting. Mr. Heus asked if anything had been done on the Grants for old cabins and historical sights in Kenai. Mrs. Daisy stated that she would attend the next Historical Society meeting and talk with them. Mrs. Daisy asked the Commission if they wished to recommend any Goals and Objectives. Councilman Ambarian stated that the City Council would hold a work session on this the following evening if the Commission members would like to attend. The Commission decided to wait until the Adminis- tration submitted a list before discussing this. Howard Hackney requested clarification on Urban Residential Development Requirements, Page 14, Section 3-A, of the Zoning Ordinance. Mr. Kjelstad read the Ordinance. Mr. Hackney was advised by the Commission to have any applica- tion for a multi -family dwelling of over five come before the Commission. 6. ADJOURNMENT There being no further business, Chairman Malston adjourned the meeting at 10:00 p.m. ka A OATH OF OFFICE I, MIKE HAMRICK, DO SOLEMNLY AFFIRM THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES, THE LAWS AND ORDINANCES OF THE STATE OF ALASKA AND THE CITY OF KENAI, AND THAT I WILL FAITHFULLY AND HONESTLY PERFORM THE DUTIES OF A PLANNING AND ZONING COMMISSION MEMBER TO THE BEST OF MY ABILITY. ATTEST: Dated this 14th day of January, 1976