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HomeMy WebLinkAbout1978-10-25 P&Z Minutes- Kenai Planning and Zoning Commission. Regular Meeting October 25, 1978 Kenai Public Safety Building 7:00 p.m. Roland Raymond, Presiding Chairman A G E N D A 1. ROLL CALL 2. PUBLIC HEARINGS A. Kenai Municipal District Zoning. Code Amendments 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES OF September 27, 1978 5. OLD BUSINESS A. Lease Application, Lot 6, Block 1, Etolin Subdivision: Raymond M. Parks B. Lease Application, Lot 3, Block 2°, Cook Inlet Industrial Air Park: Raymond M. Parks. C. Lease Application, Lot 2, Block 1, Spur Subdivision Number One: Lawrence R. McCubbins ~ 6. NEW BUSINESS A. Concept Lease Application, Well Reserve Site l: Clifford Dent B. Addition to Little Ski Mo: Ron Yanamoto C. Lease Application, Lot 7, Block 3, Cook Inlet Industrial Air Park: James A. ~ Jos~'P. Brown D. Proposed Platting Old Well Site Area Bounded by Elks - Katmai - Spur - Caviar Street E. Kenai Recreation Commission Meeting Letter and Petition of October 11, 1978 F. Reserving Foreclosed Lands for Public Use G. F.B.O. Subdivision: Final Plat 7. OTHER BUSINESS A. City Council Report: Betty Glick B. Borough.. Planning and Zoning Commission Report: Betty Glick C. Administrative Report 8. COMMISSION QUESTIONS AND COMMENTS 9. ADJOURNEMENT ~~~C~ C%~E%t.~ • KENAI PLANNING AND ZONING COMMISSION REGULAR MEETING October 25, 1978 Kenai .Public Safety Building 7:00 p.m. Roland Raymond, Presiding Chairman 1. ROLL CALL Present: Sol Raymond, Karen Mahurin, Nick Miller, Phil Bryson, Cliff Heus, John Monfor, and Ex-Officio Member Betty Glick Absent: Dwain Gibson Others: City Manager John Wise, Borough Planner Jeff Ottesen, City Engineer Bill Nelson, John Williams, Ruby and Waldo Coyle, Jim Brown, Jan Alwin, Dorothy Thompson, Eileen Bryson, Ron Malston, Clarice Kipp, Glen Kipp, Jim and Alice Graves, Dick Mueller, Denis Mueller, Roland Lynn, Emily DeForest, Tom Waggoner, Dorothy Shaw, Larry McCubbins, Calvin Quandt, Ted Sadler. 2. PUBLIC HEARINGS A. Kenai Municipal District Zoning Code Amendments Sol Raymond stated that the Kenai Planning and Zoning Commission had a previous public hearing on Ordinances 78-54 and 78-55; but due to the lack of a quorum at that meeting, the public hearing is being held again this evening. Mr. Raymond read a letter dated October 25, 1978 from Phil Waring, Planning Director for the Kenai Peninsula Borough. The letter stated that another public hearing will not be held at the Borough Planning Commission on October 30, 1978 as no .notice of reconsideration was given at that meeting by a Commission member. Mr. Raymond then stated the rules by which persons wanting to be heard at the public hearing should go by. 1. Persons wanting to testify must raise their hand and wait to be recognized by the Chairman. 2. They should state their name and address clearly for the record. 3. Each speaker shall be limited to two minutes so that everyone can be heard. If more time is needed, it may be requested. 4. All questions shall be directed to the Chairman. Mr. Raymond then read Ordinance 78-54 and stated that basically these were housekeeping items. Mr. Raymond then opened the public hearing. John Williams questioned Item 3 which deletes the automatic rezoning to Suburban Residential once water and sewer (City) are available. •~ - Kenai Planning And Zoning Commission Page 2 Regular Meeting October 25, 1978 Mr. Raymond stated that property should not be rezoned without a request from the people. It can not be rezoned automatically. Mr. John Wise stated that rezoning should be done on an individual request for a zoning change. Jeff Ottesen Borough Planner stated that statues do not allow rezoning automatically and by deleting this, the Commission would be taking away a bad misconception. There was further discussion about Suburban Residential areas and the effects of zoning because of availability of water and sewer. Dick Mueller stated that Items 14 and 15 were good as they mentioned day care centers, but he questioned Items l2 and 13 which concern General Commercial and Industrial. He stated that they are often compatible and the same. Jeff Ottesen stated that this was written in an attempt to clarify and make the Zoning Code easier to understand. Roland Lynn asked for clarification of the two Ordinances in question. Ruby Coyle objected to the Items which change the height of what can be built within the City and does not consider it a housekeeping item. Mrs. Coyle read the definition of a zoning change and according to her understanding the public hearing was. not legal and should be declared null and void. She further stated that the Code outlines how rezoning can be done and that the zoning changes can only. be initiated by the people. with a petition. .Mrs. Coyle read a letter from Ruth Parsons dated October 25, 1978 and the Commission accepted it as written testimony against the Ordinances. Waldo Coyle stated that he is a property owner of 160 acres and that he objects to the Ordinance in its entirety. The Public Hearing was closed for this Ordinance as there were no further comments. Sol Raymond stated that the charge has been made that the Public Hearing is illegal and asked the City Administration to research the legality of the Public Hearing. Mr.Raymond opened the meeting to discussion and comments from the Commission members. MOTION: Phil Bryson moved, seconded by Cliff Heus, to approve Ordinance 78-54. The motion passed unanimously. Kenai Planning and Zoning Commission Page 3 Regular Meeting October 25, 1978 A discussion followed. John Monfor questioned Mr, and Mrs. 1 Coyle as to the specific changes they are objecting to. The objections were against limiting the height of buildings which was too restricting. Also, the present zoning code states that the only way rezoning can be done is by petition and that if City water and sewer were available then it naturally changes to Suburban Residential. Mr. Raymond read Ordinance 78-55 and again stated the rules by which the persons wanting to be heard shall follow. Ruby Coyle read the past minutes of the Kenai Planning and Zoning Commission meetings which concerned Ordinances 78-54 and 78-55 starting with May, 1977. She stated that the last public hearing held was not legal as there was not a quorum present and that she was opposed to both Ordinances. She then read the definition of a zoning change and called attention to the present Kenai Peninsula Borough Resolution 78-142 passed by the City Council on September 16, 1978 and stated that the two Ordinances are in conflict with the Resolution. Roland Lynn stated that he appreciated the efforts of the Planning and Zoning Commission and feels that many changes are good. He is concerned with the items which will restrict building multi- plex homes in Suburban Residential areas. The changes outlined in the Ordinance would subject the small builder to the whims of the Planning end Zoning Commission. It would be forcing multi- plexes into tertian zones, Urban Residential, and would create a ghetto-type area. This would create a snob image for those who can afford a single family home might move to another area. Dorothy Shaw (Woodland Subdivision) stated that she is in support of the Ordinances and that the City does not now need additional multiple family dwellings. Without due consideration, the property evaluations go down; there are too many children and not .enough play areas. She feels that we should work with what we have and with the amendments. Alice Graves supported what Dorothy Shaw stated. John Williams stated that the trouble with the Ordinances is that t ey allow a wide range of powers to fall upon the Planning and Zoning Commission which is only. an advisory group. He questioned the legality of the Commission to hold this meeting and the correct use of the powers the Commission would be gaining by these Ordinances. Eileen Bryson stated that she is in favor of the changes to limit construction to one or two family homes without first going to the Planning and Zoning Commission. The character of certain neighborhoods is basically single and two family homes and more stationary-type families move in. Multi-family units increase traffic and necessitate the need for more parking. Kenai Planning and Zoning Commission Regular Meeting October 25, 1978 Page 4 Eileen Bryson further stated that there is a need for more Urban Residential areas for more multi-family homes. There is a need to allow for more green areas and parking facilities, and traffic control. Clarice Kipp of Fifth Avenue stated that she is in favor of the Ordinances and gave an example of the six, six plexes that were constructed next to her home. Dick Mueller objected to the zoning changes and agreed with John Williams that the discretionary powers are too broad and that the individual subdivision covenants should protect the individual. Emily DeForest was in favor of the Ordinances. Larry McCubbins questioned whether PUD had been addressed and t at it would satisfy both sides. Waldo Coyle stated that there are too many restrictions already and that it is illegal to hold the meeting. Any City business is public business and must be done in the open and above board and the City and especially the Planning and Zoning Commission has been very lax in this. He is opposed to the "bag of worms" that has been opened. He also called attention to the fact that the Kenai Borough passed a Resolution which restricts rezoning until the new Comprehensive Plan is completed. As a property owner, he is opposed to the Ordinances. Tom Waggoner stated that he is against the Ordinances for the reasons stated earlier. A person should have the perogative to build a multi-plex unit on his lot if he desires. Glen__ Kipp stated that he would like the Ordinances to be adopted and t at-added regulations are needed. There is a drop in property values when multi-plexes are built in a single family residential area. Calvin Quandt stated that he is opposed to the Ordinances. There are toomany rules and regulations. Questioned the right to rezone while the Comprehensive Plan is-being .worked on. Mr. Raymond answered that the changes to the Zoning Code have been under discussion for over a year now and the Comprehensive Plan does not apply to the Ordinances. Ron Malston stated that he is in favor of the Zoning changes and tie Or finances should be approved. He further stated that the Planning and Zoning Commission should go even further and the zones should be broken down into smaller zones. Roland Lynn stated that he agrees with somethings but is concerned with the dangerous discretionary powers. It is going to hurt the small people trying to build. Ruby Coyle stated that the Planning and Zoning Commission was in i~clictt r 1ii1111111~' d.11U GUIllllg I.UIIlIIl1551~I1 •~ ~ Regular. Meeting October 25, 1978 rage 5 violation by not having a map displayed. She also wanted to know how much of the City of Kenai is Rural Residential and how much is Suburban Residential. Jeff Ottesen, Borough Planner, stated that he would guess as much as 50 percent of the City is Rural Residential and much of this is undevelopable. There was further discussion of the legality of the meeting. Mr. Raymond. replied that the. legality of the meeting will be settled outside of the meeting. Ruby Coyle stated that if the Ordinances go through, they will drive people outside of the City and that they will be putting too many limitations on it. John Williams stated that he was glad that the Planning and Zoning Commission has addressed in the Ordinances some. of the problems that he had discussed with the Commission previously, especially lot sizes. He is against the broad powers the Commission is awarding itself. Calvin Quandt stated that people the City limits because of taxes business because of its policies. and developers are moving outside already. The City is loosing Denis Mueller is opposed to the changes for the same reasons as Mr. Lynn and Mr. Williams. Jim Graves stated he was for the Ordinances. The City has the potential to grow and needs some direction for expansion and must start somewhere so there will not be mixed growth. Ted Sadler stated that he is against the Ordinances. The City s oul be anticipating an increase in population and is going to need more large buildings. for a transient population. John Wise City Manager stated that the Comprehensive Plan will be completed in the near future. There are not adequate Urban Residential areas within the City, and the City needs more zoning to provide for various densities. There will be other changes to be made in the zoning code and will provide for additional classification of lands. Larry McCubbins suggested that the Commission table the Ordinances until the Comprehensive Plan has been completed. Tom Waggoner stated that the City should not limit multi-plexes as young families are finding it difficult to get financing for single family homes. Dorothy Thompson stated that she is opposed to the Ordinances. As there were no further comments to be made, Mr. Raymond closed the public hearing. Kenai Planning and Zoning Commission Regular Meeting October 25, 1978 Page 6 Mr. Raymond stated that the legality of the meeting will be ~ checked with the City Attorney and the Borough Attorney. The action of the hearing will be based on the input from the public. He further commented to the public that the Commission has been working on the Ordinances for over a year and this meeting has the best public input that the City has had on these Ordinances even though it has been advertised on both the radio and in the newspapers. MOTION: Cliff Heus moved, seconded by Nick Miller, to approve Ordinance 78-55. The. motion passed with a five to one vote, with John Monfor against. There was further discussion by the Planning and Zoning Commission. Mr. Heus stated that he had been approached many times by people against multi-family units. There was some discussion of other ways of doing this. Karen Mahurin stated that there is a need to set aside more areas for multi-family dwellings and that the Commission should pass the Ordinances now and later develop more land for multi-family homes. 3. AGENDA APPROVAL MOTION: Cliff Heus moved, seconded by Nick Miller, to approve the agenda for the October 25, 1978 meeting. The motion passed with no objections. 4. APPROVAL OF MINUTES OF September 27, 1978. MOTION: Karen Mahurin moved, seconded by Phil Bryson, to approve the minutes of September 27, 1978 as submitted. The motion passed with no objections. 5. OLD BUSINESS A. Lease Application, Lot 6, Block 1, Etolin Subdivision: Raymond M. Parks The Commission discussed the lease application. Mr. Bryson brought up the potential problem of drainage--where would the run off go? Betty Glick stated that the proposed water and sewer improvements will take care of it with storm drains. Mr. Wise stated that it would not be feasible to drain the entire lot into Willow. He also suggested that a condition to allowing the paving of the lot would be to preclude drainage to the adjacent property or discharging it all at once into the storm sewer. They could possibly have a holding tank or dry we 11 . Kenai Planning and ZoningCommssion Page 7 Regular Meeting October 25, 1978 ~ 5A. Cont. Bill Nelson, City Engineer, stated that consideration should be given to setting up standards to handle the drainage. Mr. Parks should be given solutions to the drainage problem that would be acceptable to the City. of Kenai. There was further discussion as to the best use of the land and as to requirements for landscaping. Nick Miller suggested that consideration should be given as to putting up a buffer fence around the proposed storage area. Phil Bryson stated that the access to and the driveways .well defined. Nick Zoning Ordinances regarding curbs and stated that restrictions should be pl right of way.. Mrs. Mahurin suggested make the area more attractive. Willow should be limited Miller read from the gutters. Mr. Bryson aced on paving in the a green belt be left to MOTION: John Monfor moved, seconded by Karen Mahurin, to approve the lease application for Lot 6, Block 1, Etolin Subdivision subject to the following conditions: 1. That a drainage plan be submitted which is acceptable to the City. 2. That the curb cuts be shown limiting access onto Willow. 3. That there is a possible need for a buffer fence around the open storage area. The fence must be approved by the City. The Commission requested-that Mr. Parks bring his plans back to the Planning and Zoning Commission again for approval of the above items before his lease can go to the City Council. The motion passed unanimously. Phil Bryson suggested that at the next meeting there be further discussion.as to the City's landscaping requirements. B. Lease Application, Lot 3, Block 2, Cook Inlet Industrial Air Park: Raymond M. Par s Nick Miller suggested that Mr. Parks show how many cars that he will park on the lot. There was discussion on drainage and curb cuts as in Zoning Code 21.76.190 D5. Mr. Raymond stated that Mr. Parks needs to show the Commission a parking plan which is adequate for the amount of cars he plans to park. MOTION: Cliff Heus moved, seconded by Nick Miller, to approve the lease application of Lot 3, Block 2, with the following provisions. 1. That Mr. Parks submits, to the Planning. and Zoning Commission a proper drainage plan which is acceptable to the City. Kenai Planning and Zoning Commission Regular Meeting October 25, 1978 Page 8 2. That a parking plan for customers and car parking be shown. 3. That the desirable curb cuts be shown subject to Zoning Code 21.76.190 D5. C. Lease Application, Lot 2, Block 1, Spur Subdivision Number One: Lawrence R. McCubbins Mr. McCubbins described to the Commission that he plans to build a shopping center and that he requests access to Beaver Loop through Serendipity and also access to Walker Lane through the right of way. There was considerable discussion on access to these two roads. Access through Serendipity would not be allowed,but there was question as to whether or not access to Walker Lane would be allowed through the buffer strip. Mr. Raymond asked that the minutes be researched concerning the green belt on Walker Lane and possibly a public hearing would be held to find out if people want the access to go through to Walker Lane. The possibility of using Serendipity as access would require negotiation of the lease anal the final decision up to the City Council. ~ The Commission requested a letter from the State Department of Transportation showing the recommendations for access. The City Police and Engineer should also be asked for recommendations. The answers to all these questions should be ready for the November 8, 1978 Planning and Zoning Meeting. There was no further action taken. 6. NEW BUSINESS A. Concept Lease Application,. Well Reserve Site l: Clifford Dent The Commission discussed the proposed Car Wash, tot size, and access roads. The relationship of the lot to adjacent lots was pointed out and the best use of the lot was discussed. Soldotna's Car Wash was mentioned as being attractive. MOTION: Nick Miller moved, seconded by John Monfor, to approve the concept lease application. The. motion passed unanimously. B. Addition to the Little Ski Mo: Ron Yamamoto Mr. Raymond read the memo to the Commission from the secretary concerning this addition. • Kenai Planning and Zoning Commission Page 9 Regular Meeting October 25, 1978 6B. Cont. MOTION: Phil Bryson moved, seconded by Karen Mahurin, to approve the addition to the Little Ski A4o. The motion passed unanimously. C. Lease Application, Lot 7, Block 3, Cook Inlet Industrial Air Par James A, an Josi P. Brown There was a discussion of where the lot is located. There was further discussion as to parking, drainage, curb cuts, and access. MOTION: Cliff Heus moved, seconded by John Monfor for approval of lease application of Lot 7, Block 3 subject to the following provisions. 1. Submitting. or .complying with 21..76:190 D5 concerning. access to Trading Bay. 2. Show parking plan as referenced in 21.76.190 F. 3. Outside storage as referenced in 21.76.120. 4. Drainage subject to approval of City Engineer. ~ The motion passed unanimously. D. Proposed Platting Old Well. Site Area Bounded by Elks - Katmai - Spur - Caviar Street There was discussion of the lots and their possible uses. Plans were submitted by John Wise and discussed. As the next Item was related to Item F, they were both discussed at this time. E. Kenai Recreation Commission Meeting Letter and Petition of October ll, 1978 There was some discussion as to where the property is located. Mr. Raymond read the letter from the City Attorney. It was decided to hold this Item until the November 8, 1978 meeting. F. Reserving Foreclosed Lands for Public Use It was decided to put this item under Old Business for the November 8, 1978 meeting. At that time, Mr. Wise would have the Fire Department's recommendations and also more defined plats available. I • ~ Kenai Planning and Zoning Commission Page 10 Regular Meeting October 25, 1978 G. F.B.O. Subdivision: Final Plat John Wise pointed out the lots and the plat was discussed. There will be lots in use for tie downs and will need access to the ramp. The plans fit in with the Airport Plan. MOTION: Cliff Heus moved, seconded by John Monfor, to adopt Resolution PZ 78-46 approving F.B.O. Subdivision: Final Plat upon the following conditions: Corrections of negative findings of Items 9 and 11. 9. Utility easements, if required, are not shown. 11. The drafting omission should be corrected on the bearing at the East end of Airport Drive. The motion passed unanimously. 7. OTHER BUSINESS A. City Council Report: Betty Glick There was no City Council Report given. B. Borough Planing and Zoning Commission Report: Betty Glick Betty Glick reported on the Commission Report of .October 2, 1978 at which time the Ordinances 78-54 and 78-55 passed at the meeting with a 5 to 4 vote after lengthy testimony. The Seward Highway landfill site was discussed. Mrs. Glick commented on regarding zoning within the City and the rapid development outside the City limits. She stated that there is not going to be a public hearing on Monday at the Borough Planning and Zoning Commission on the Ordinances 78-54 and 78-55. They: will some before the Borough Assembly meeting on Tuesday October 31, 1978. C. Administrative Report John Wise stated that the last lots of the CIIAP lands were taken out tonight. This proves that not everyone is moving outside the City. There are a lot of building permits being issued. 8. COMMISSION QUESTIONS AND COMMENTS The Commission decided to change the November 22, 1978 meeting to November 29, 1978 because the meeting fell on the night before Thanksgiving. An oral presentation will be given at 6 p.m. on November 15 on the Comprehensive Plan. The Borough is planning to ask for 1 a joint meeting of City Council and the Planning and Zoning Commission to monitor the project. -.-- ~-` Kenai Planning and Zoning Commission Page 11 Regular Meeting October 25, 1978 The subject of the old Harbor Commission was discussed.. The Commission wants to start up again and is in need of members. 9. ADJOURNMENT MOTION: Cliff Heus moved, seconded by Nick Miller, to adjourn the meeting. There being no further business, the meeting was adjourned at 12:35 a.m. Respectfully submitted, (~._ L,~ anice E. Taylor Secretary to the Commission ~ ~ KENAI PENINSULA BOROUGH p BOX 850 SOLDOTNA. ALASKA 99669 PHONE 262-4441 DON GILMAN ~ . MAYOR October 25, 1978 Mr. Sol Raymond Chairman, City of Kenai Advisory Planning & Zoning Commission Box 580 Kenai, Alaska 99611 Dear Chairman Raymond: The proposed Borough ordinance incorporating changes in the Kenai zoning ordinance,- Ordinance 78-54 and 78-55, were acted upon by the Kenai Peninsula Borough Planning Commission at the meeting of October 2nd. No notice of reconsideration was given at that meeting by a Commission member. It is my opinion, after discussion with the Borough Attorney, that the Borough Planning Commission has no authority to hold another public hearing on this matter and review the decision taken at the October 2nd meeting. I will so inform the Borough Planning Commission at our meeting of October 30th. Will you please read this letter at your public hearing on October 25th. Sincerely, PHIL WARING Planning Director ~ PW:mj