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HomeMy WebLinkAbout1977-06-22 P&Z MinutesAGENDA Kena; Planning and Zoning Commission Regular Meeting June 22, 1977 City Manager's Office 7:00 p.m. Roland Raymond, Chairman Presiding 1. ROLL CALL 2. PUBLIC HEARING A. Petition to Vacate and Revert to Acreage Lots 11 through 18, Block 1, Highlands Subdivision, Located within the City of Kenai 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES OF JUNE 8, 1977 5. OLD BUSINESS 'A. Ordinance 77-18: Amending Chapter 21.76 of the Kenai Peninsula Borough Code of Ordinances Pertaining to the Kenai Municipal District Zoning Code B. H9_ghl..ands Subdivision, Lot 11-A, Block l: Preliminary/Final Plat ~ - C. VIP Country Estates, Lots 1-B through 10-B and Portions of Blocks 1 and 3, VIP Park Estates Subdivision: Final Plat 6. NEW BUSINESS None 7. OTHER BUSINESS A. City Council Report: Betty Glick B. Borough Planning and Zoning Commission Report: Betty Glick C. Administrative Report 8. ADJOLiRNMENT Kenai Planning and Zoning Commission Regular Meeting June 22, 1977 City Manager's Office 7:00 p.m. Roland Raymond, Chairman Presiding ~ 1. ROLL CALL Present: Roland Raymond, Ron Malston, Cliff Heus, and Sharon Loosli Absent: Nick Diller, and Milton Stasek Ex-Officio Member Present: Betty Glick Others Present: 2. PUBLIC HEARING City Manager John T~7ise, and Vesta Leigh A. Petition to Vacate and Revert to Acreage Lots 11 through 18, Block 1, Highlands Subdivision, Located within the City of Kenai The hearing was opened to the public. There being no public input at this time, the hearing was brought back to the Commission for further consideration. MOTION: Mrs. Loosli moved, seconded by Mr. Heus, that the Commission table this item until receiving further information as to why the owner wishes to vacate and revert to acreage Lots 11 through 18, Block 1, Highlands Subdivision, located within the City of Kenai. } Motion passed unanimously. 3. AGENDA APPROVAL MOTION: Mrs. Loosli moved, seconded by D4r. Malston, that the Commission approve the agenda of the June 22, 1977, meeting. Motion passed unanimously. 4. APPROVAL OF MINUTES OF JUNE 8, 1977 MOTION: Mr. Malston moved, seconded by Mrs. Loosli, that the Commission approve the minutes of the June 8, 1977, meeting as written. Motion passed unanimously. nenai rlanning ana coning Commission Regular Meeting June 22, 1977 5. OLD BUSINESS Page 2 A. Ordinance 77-18: Amending Chapter 21.76 of the Kenai Peninsula Borough Code of Ordinances Pertaining to the Kenai Municipal District Zoning Code Mr. .Raymond stated that Mr. Waring, from the Borough Planning Staff, attended the work session of the Advisory Planning and Zoning Commission on June 16, 1977, to assist the Commission members in amending Chapter 21.76 of the Kenai Peninsula Borough Code of Ordinances Pertaining to the Kenai Municipal District Zoning Code. Mr. Raymond reviewed all of the tentative changes that were made to the Zoning Code at the work session on June 16, 1977, a revised copy of which is attached and hereby becomes part of the official. transcript of the proceedings of this meeting. The Commission discussed the items as they were reviewed by Mr. Raymond. Mr. Raymond stated that the Commission would like the revised copy retyped for review at the next regular meeting of the Advisory Planning and Zoning Commission on July 13, 1977. B. Highlands Subdivision, Lot 11-A, Block 1: Preliminary/Final Plat MOTION: Mrs. Loosli moved, seconded by Mr. Malston, that the Commission table J this item until receiving further information as to why the owner wishes to vacate and revert to acreage Lots ll through 18, Block 1, Highlands Subdivision. *Mrs. Leigh stated that she had applied for a lease in the Airport Terminal Building and asked why it had not been placed on the agenda for the Commission to review. The Commission explained to Mrs. Leigh that they do not review the leases for the Airport Terminal, that those leases go through City Council only. C. VIP Country Estates, Lots 1-B through 10-B and Portions of Blocks 1 and 3, VIP Park Estates Subdivision: Final Plat MOTION: Mr. Heus moved, seconded recommending approval of Portions of Blocks 1 and subject to the following of items 6, 7, 9, 10, 11 by Mrs. Loosli, to adopt Resolution PZ 77-13 VIP Country Estates, Lots 1-B through 10-B and 3, VIP Park Estates Subdivision, Final Plat, conditions: correction of negative findings and 12. 6. Set back lines should be 25'. *Persons not scheduled to be heard. Kenai Planning and Zoning Commission Regular Meeting June 22, 1977 (Item 5-C continued) Page 3 7. Copies of the agreements between the City of Kenai and the subdivision owner for the provision of utilities and amenities such as, but not limited to, public water, sanitary sewers, storm sewers, road(s), street lights, paving, curbs and gutters in accordance with City standards have not been received. 9. Utility easements,. if required, are not shown. 10. Lots are not identified by street addresses in accordance with City code. 11. Fifty year flood plain is not indicated. 12. Indicate block number for portion of VIP Country Estates. Motion passed unanimously. 6. NEW BUSINESS None 7. OTHER BUSINESS A. City Council Report Councilwoman Glick reported that at the meeting of June 1, 1977, Council adopted Ordinance 337-77 which establishes a working capital reserve and reserve for Capital Improvements. Council also adopted Ordinance 338-77 dedicating certain bond funds to various projects. This utilizes the bond monies for the Civic Center for recreation and street improvements in the downtown area. The voters will vote on this in October. Council approved a resolution requesting release of certain Airport lands from FAA, this is the piece of property across from the Katmai, and discussed the Dock lease. At the June 8, 1977, meeting a special Public Hearing was held for the 1977-78 Budget. There was very little public input. The Budget was passed. At the June 15, 1977, meeting Council held a Public Hearing on Ordinance 336-77 (A), Classification Plan and Pay Plan for City Employees. After many public comments and much discussion, Ordinance 336-77 (A) was adopted. Kenai Planning and Zoning Commission Regular Meeting June 22, 1977 (Item 7-A continued) Page 4 ~ Council also adopted Ordinance 343-77 setting fees for water and sewer connection inspections, Ordinance 344-77 setting rules for the use of City parks with regard to overnight camping, and Ordinance 345-77 for the purchase of a sign baking machine. Council had a presentation from the Kenai Fire Department. Action was taken on two of the grievances and the Administration was asked to work on the rest and return with a recommendation. ,' Council also approved the assignment of lease from Kosta to Charles and Roberta Crabaugh. B. Borough Planning and Zoning Commission Report Mrs. Glick stated that at the meeting of June 13, 1977, the Commission held a Public Hearing on rezoning in Mommsen Subdivision. The rezoning was passed by the Commission. The Commission also approved a right-of-way permit for Homer Electric in the City of Kenai. The Commission received a copy of House Bill No. 342 relating to the Management of Control Resources. Anyone having any comments, please pass them on to the Borough Planning Staff. C. Administrative Report I Mr. Wise stated that the Civic Center bond issue has been put before the Council and the funds have been reallocated for Capital Improvements such as the repair of streets in the downtown area. Mr. Wise also stated that a Topographical Study of the City is being considered to see if the water. table can be relieved in certain areas of the City. Mr. Wise stated that the new well is basically ready. Pumps are ordered and within about three weeks the pumps should be in and the well should be ready for testing. 8. ADJOURNMENT MOTION: Mr. Malston moved, seconded by Mr. Heus, that the Commission adjourn the June 22, 1977, meeting. Motion passed unanimously. There being no further business, the meeting adjourned at 10:15 p.m. Respectfully submitted, ~~ ~. ~~ Paula A. Kidd, Planning Secretary CITY OF KENAI RESOLUTION NO. PZ 77-14 A RESOLUTION OF THE ADVISORY PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING AMENDMENT OF THE KENAI MUNICIPAL DISTRICT ZONING CODE, CHAPTER 21.76, KENAI PENINSULA BOROUGH CODE OF ORDINANCES. 1 WHEREAS, planning and zoning requires continuous review and updates, and WHEREAS, the Kenai Municipal District Zoning Code has not been updated since 1975, and WHEREAS, the Advisory Planning and Zoning Commission of-the City of Kenai has reviewed, in detail, recent changes in State statutes and Borough ordinances governing planning and zoning, and ~aHEREAS, the Borough Assembly has referred this matter to the Advisory Planning and Zoning Commission for common and Public Hearing. NOW, THEREFORE, BE IT RESOLVED by the Advisory Planning and Zoning Commission of the City of Kenai, Alaska to recommend that the Borough Assembly pass the following proposed amendments to the Kenai ~ Munica_pa.l District Zoning Code, Chapter 21.76, Kenai Peninsula Borough Code of Ordinances: 1. That section 21.76.070 B.l.a. be amended to read: a. One and two family dwellings; 2. That section 21.76.070 B.2. be amended to delete subparagraph b., renumbering subparagraphs c. and d. as b. and c. respectively, 3. That section 21.76.070 C.l. be amended to read: 1. Minimum lot area - 20,000 square feet; 4. That section 21.76.070 C.3. be amended to delete "shall automatically" and substitute therefore "may". 5._ That section 21.76.070 C.4. be amended to read: 4. Maximum lot coverage for single family dwelling - 300; 6. That section 21.76.070 C.6. be added to read in its entirety as follows: 6. Maximum height - 2 1/2 stories, or 35 feet, whichever is less; tt~bULU'1'1V1V 1VU. YG / /-Z4 7. That section w1.76.080 B.1, be amended to read in its entirety as follows: a. One and two family dwellings b. Churches, provided that no part of anlr building is located nearer than 30 feet to any adjoining lot or street line c. Conditional uses as specified in section 21.76.140 d. Uses other than those permitted by this ordinance which were specifically provided for in covenants of plats which were valid at time of approval and recording of such plats are not affected by restrictions of such uses by this ordinances; Page 2 8. That section 21.76.080 8,2. be amended to delete subparagraph b., renumbering subparagraphs c. and d. as b. and c. respectively. 9. That section 21.76.080 C.1. be amended to read in its entirety as follows: 1. Minimum lot area - 7,200 square feet; 10. That section 21.76.080 C.4. be amended to read in its entirety as follows: 4. Maximum lot coverage - 350 11. That section 21.76.080 C,7. be added to read in its entirety. as follo~?s : 7. Maximum height - 2 1/2 stories or 35 feet, whichever is less; 12. That section 21.76.090 B.2. be amended to read: 2. Secondary uses - same as secondary uses permitted in the RR Zone; 13. That the first sentence of section 21.76.140 D.l. be amended to read as follows: 1. Elementary schools, high schools, colleges, day-care centers, hospitals, and sanitariums may be permitted provided that the following conditions are met: 14. That the first snetence of section 21.76.140 E.l. be amended to read as follows: 1. Governmental buildings, public libraries, public off-street parking lots, day-care centers, and other public facilities serving the entire community may be permitted provided that the following conditions are met: Page 3 15. That section 21.76.140 F. be amended to read as follows: F. Conditional uses in RR lone. 1. Multi-family group housing developments with up to four (4) units ma_y be permitted provided that the following conditions are met: a. Maximum lot coverage - 300; b. Yards around the site, off-street parking and other development .requirements shall be the same as for principal uses in the RR zone; c. Water and sewer facilities shall meet the requirements of all applicable health regulations; d. The proposed c3well~_ng group will constitute a residential-area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood and will not adversely affect surrounding property values; e. The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces and recreational and community activities; f. TYier_e shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; g. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; h. The property adjacent to the proposed dwelling group will not be adversely affected. 2. Mobile home parks may be permitted subject to Section 20.30.180 and provided that they meet .the minimum F.H.A. requirements. 3. Greenhouses and tree nurseries and animal boarding establishments may be permitted provided that setbacks, buffer strips and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The planning commission shall specify the conditions necessary to fulfill this requirement. (Ord. 74-70 Sl(part), 1974: KPC S20.30.140). 1\l:~J VLVIIVLV ivv. rt, i i-.t. ~t rage ~ 16. That section 21.76.140 G. be amended to read as follows: G. Conditional uses in RS Zone: 1. Multi-family group housing developments with up to six (6) units may be permitted providing that the following conditions are met: a. Maximum lot sizes as follows: Duplex 7,200 square feet Triplex 8,400 square feet F'ourplex 9,600 square feet Fiveplex 10,800 square fee t Six plex 12,000 square feet b. Yards around the site, off-street parking and other development requirements shall be the same as for principal uses in the RS Zone; c. Water and sewer facilities shall be adequate to supply the development. A letter of agreement between the applicant and the City shall accompany the application; d. The proposed dwelling group will constitute a residential area of sustained desirability and stability that will be in harmony with the character of_ the surrounding neighborhood and will not adversely affect surrounding property values; e. The buildings shall be used only for residential purposes anal customary accessory uses, such as garages, storage spaces and recreational and community activities; f. There shall be provided, as part of the proposed development, adequate recreation areas to serve the .needs of the anticipated population; g. The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; h. The property adjacent to the proposed dwelling group will not be adversely affected. 2. Mobile home parks may be permitted subject to Section 20.20.180 and provided that they meet the minimum F.H.A. requirements. 17. That section 21.76.140 H. bee amended to read: H. Conditional Uses in RU, Cr, IL and IH Zones. 1. Crematories operated as part of and in the same structure as a mortuary may be permitted provided that no indication of said use shall be evident from the exterior of the mortuary. 2. Restaurants may be allowed in the RU zone, ~ provided that the porposed location and the characteristics of the site will not destroy the residential character of the neighborhood. ~.._,..., _... _ _ .... ... ... _ ~. y.. r ay ty :~ 18. That section 21.76.140 I. be amended to read: I. Conditional uses in IH 7..one. 1. Gas manufacture and storage may be permitted ~ provided that all applicable safety and fire protection regulations are met. 19. That section 21.76.190 F.4. and F.5. be amended to read in their entirety as follows: Off Street Parkinq 4. Multiple family dwellings and other places containing dwelling units / 2 spaces per dwelling unit up to 150 units, 1 space per un~.t thereafter; 5. Single family dwellings, two family dwellings and parish houses / 2 parking spaces per each dwelling unit; PASSED by the Advisory Planning and Zoning Commission of the City of Kenai, Alaska, this day of 1977. ROLAND RAYI4OND, CHAIRMAN ATTEST: Paula A. Kidd, Planning Secretary a~)~ r 4 T _ ~~' ~ ~ :~ ~ ~ ~ June 23, 1977 ~~ ~', 6 _". 4 t' "~ ~~ ~- 6' ~ ..... Tb: Kenai Advisory Planning & .Zoning Commission ,- - FROM: John E . Wise, City Manager -~: ~_ ~ ~'~ ,., Dear Commission. Members: ~ ~ ~, , ~- ~ ' The attached letter from Kenai Realtors was received by the City Council• on June 15, 1977. At that time, the Council ~- 'f~~, ~ ~ ~ referred the letter to the Advisory Planning. and .Zoning. ~ "~ `"- Commission for comment and recommendations . ~ ~ ;' _ p John E . Wise ` JW/eh Attachment GLAD .REAL T GAIL GLAD -BROKER REALTOR '' Mr. John Wise City of Kenai ' a June14, 197? Dear Mr. Wise, BOX 3100 KEN AI. ALASKA 99611 OFFICE 283-4444 At your request and that of the Kenai Chamber. of Commerce Board of Directors, the real estate.Brokers in Kenai met and drew up the following proposal for the brokerage of city land. The proposal covers six points that the brokers felt were important, but realized that there would be other points of discussion in negotiating a final contract with the City of Kenai. 1. The brokerage fees would be 10% of the sale price for fee simple land and 10% of the first year or ~% of the first 5-years of a lease. 2. Treatment of the listings would be as any other client as regards advertising, promotion, ect. 3. We would suggest that prospective leasors post a preformance deposit in lue of the return of title within a year as part of the lease.• The amount of deposit and length of time would depend on the type and size of the project. 4. The broker, in putting together a sale or lease would have full authority, within the zoning of the city, to work out details with the builders or developers. (cont. on page 2) ~" 'LAD 1~~.~.L T ~ - GAIL GLAD -BROKER KENAi. A~as oA gs6~ ,,,tTOR s OFFICE 283-4444 Comprehensive planning and zoning should be developed and specified on each lot listed with the brokers. A zoning map for the City must be developed. 5. It is recommended that the City actively persue the release of lands for fee simple sale rather then lease. excepting lands . contiguous to the airport. 6. Listings to be to brokers within the city of Kenai.. However all city Brokers are to co-broker with out of town brokers. Kenai Brokers have a fulle-r understanding of the problems, assets and liabilities of the city lands. This proposal is ment only as a rough draft and hopefully a long and fruitful association between the real estate industry and the City of Kenai. Respectfully, Gail Glad Leo T. Oberts Richard Mueller Jerry Andrews Jerry Thompson. - LEASING OF AIRPORT LANDS A. Principles and Policy on Lease Rates 1. A fair return to the Airport System~is mandated. by the terms and conditions of the Quitclaim Deed and appropriate Deeds of Release granting these lands to the Airport System by the Federal government. To insure a fair return, all leases for a period in excess of five years.shall include a redetermination clause as of the fifth anniversary 'of each lease, normally set for the 1st of July of that fifth year.. In pursuing a fair return, all lands for lease shall be appraised prior to lease and again prior to redetermination. 2. Lease rates shall be based on the fair market value of the land including an appropriate consideration of the services available (water, sanitary sewer, storm sewer, utilities, etc.) at a reasonable rate of return.. 3. The actual rate of return determined to be fair return to the Airport System shall be set annually by the City Council in the second calendar quarter of each year.. Such rate of return shall be applicable to all new leases thereafter requested.. 4. Realizing that investors, developers and other potential lessees need a reasonable assurance of stability in future lease rates, the redetermination clause of all future leases shall include the .following language: ~o At each five (5) year interval the fair market value shall be determined by the City. The rate of return will ,not exceed the rate of return agreed to at the inception of the lease. Redeter- mined. lease rates under this provision shall be limited to a twenty percent (20~) increase in the prior lease rate. Application and Processing Procedures 1. Applications for leasing of airport lands shall be dated as to receipt of application and payment of fee. - 2. Applications must include a development plan, to be accomplished .within a two year period. However, an offer to lease by the City does not obligate the .City (the Airport System) to accept a specific lease application. If, after due consideration by. the Advisory. Planning and Zoning Commission or the City Council, such application is not deemed to be in the best interest of the City and/or Airport System, the City and Airport System assumes no liability relative to applicant expense in attempting to obtain a lease. -1- ~.~ 3. Applications shall be forwarded to the Advisory Planning and Zoning Commission upon receipt. The Advisory Planning and Zoning Commission shall normally consider applications for specific lands on a first-come, first-serve basis-. Where there is difficulty in .obtaining a perfected application, details as to development plans, etc,, then the Advisory Planning and Zoning Commission may, after .due notice to the first applicant, consider a second applicant for 'the particular lease. 4. The City Council shall normally review a lease proposal only after approval of the Advisory Planning and Zoning Commission. However,. appeals of Advisory Planning and Zoning Commission disapproval may be made to the City Council. 5. Conceptual applications relative to unplatted and unreleased .lands will also be considered on a first-come, first-serve basis. On ...approval of concept by-the Advisory Planning and Zoning Commission and -the City Council, the applicant is assured the right of first refusal of the lease following. the determination of a lease rate in accordance with established policy. C. Service by Realty Firms and Brokers 1. Realtors with established offices located within the City .Limits of the City of Kenai who are identified as such at the time of filing a lease application shall be entitled to a,fee on consumation of such lease. Said fee shall be limited to ten percent C10%) of the first year's lease rate or five percent (50) of each year for the first five years, at the Broker's option. 2. Realtors shall treat any listing as it would any other client in regard to advertising, promotion, etc. 3. Listings of platted lands. available for lease shall be announced to all eligible realtors. Such announcement shall include -block and lot number, parcel number and any. special limitations with .restrictions as may be imposed by the Advisory Planning and Zoning Commission and City Council. Such restrictions or limitations shall be specific and in addition to zoning restrictions. No lease proposed by an eligible realtor shall be denied if it meets such restrictions, applicable lease rates and zoning requirements in effect at time of application. ~~ 4. Unplatted, released Airport lands and unreleased lands shall not be listed with realtors. However, a realtor may, on behalf of a client, request a lease of such lands. Such a lease request shall be considered as described in the preceding application procedures relating to unplatted, unreleased lands. Normal fees shall be due to the realtor on consumation of .such a lease. -2- D. Definitions 1. "Lease year" is July 1 to June 30. The first lease year terminates on June 30, regardless of date of inception of the lease. 2. "Fifth year redetermination date" is defined as the fifth anniversary of the 1st of July since inception of the lease. 3. Realtors fees shall be paid within thirty (30) days of the ..inception of the lease and prior to August 1 for the succeeding years as selected by the. realtor. 03~