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HomeMy WebLinkAbout1978-11-29 P&Z MinutesA G E N D A _ Kenai Planning and Zoning Commission ~ Regular Meeting November 29, 1978 Kenai Public Safety Building 7:00 p.m. Roland Raymond, Presiding Chairman 1. ROLL CALL 2. PUBLIC HEARINGS A. Petition for Variance to the Kenai Peninsula Borough Code of Ordinances, Title 21, Section 21.76.070, specifically to change the set back line from 30 feet to 15 feet: Grace Brethren Church. B. Petition for a Conditional Use Permit to the Kenai Peninsula Borough Code of Ordinances, Title 21, Section 21.76.140, specifically, for drilling of Cannery Loop Unit #l Well: Union Oil Company of California. C. Petition to rezone V.I.P. Ranch Estates Subdivision, Lots 1-10, Block 4, from Rural. Residential to General Commercial. D. Petition to rezone 3.12 acre parcel within Section 6, TSN, R11W, S.M. located Southeast of the National Guard ~ Armory, east of Forest Drive and west of the Kenai Spur Highway, from Conservation to Urban Residential. E. Petition to rezone Valhalla Heights Part l Subdivision, Lot 1, Block 9, from Rural Residential to General Commercial. 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES OF November 8, 1978 5. OLD BUSINESS A. Discussion on Landscaping Requirements 6. NEW BUSINESS A. Ahlstrom Subdivision, Lots 2 and 3, Block 8: Preliminary/Final B. Central Heights Subdivision, First Addition: Preliminary Kenai Planning and Zoning Commission November 29, 1978 Agenda Page 2 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. ADJOURNMENT _ '' KENAI PLANNING AND ZONING COMMISSION ~~ '. REGULAR MEETING November 29, 1978 Kenai Public Safety Building 7:00 p.m. Roland Raymond, Presiding Chairman 1. ROLL CALL Present: Sol Raymond, Phil Bryson, Betty Glick Absent: Dwain Gibson Others: Mayor Vince O'Reilly; John Wise Jim Hendricks, Borough Planner; Howard Beck; John Cochran, Jim Varvara, all from Union Oil; Le Mrs. Devito; Frank Konte; Jerry City Engineer; Mike McLane. Karen Mahurin, Cliff Heus, John Monfor Nick Miller, and Ex-Officio Member City Manager; Pastor Ed Jackson; Calendar, Larry e Glad; Mr. and Andrews; Bill Nelson, Mayor Vince O'Reilly requested permission to address the Planning and Zoning Commission members and persons present. He stated his concern over the recent action at the Borough level which defeated a certain portion of the Ordinances presented. He voiced his concern about possible discouragement of the Com- mission members and assured them that they had followed the proper procedures and meetings with quorums. The Ordinances were submitted to the Borough and the City Council and received approval at both levels and then defeated at the Borough Assembly. Meetings were held with the Borough members and it was pointed out to them that their consideration should be if whether all the proper procedures had been followed. The Mayor further stated that this jeopardizes the Commission's authority and that he will be taking a strong position on any revisions made on the Ordinance and giving his support. One of the Borough members that voted against the Ordinance stated that he will be willing to attend any meetings with the Commission members concerning the revisions to the Ordinance. Mayor O'Reilly also brought up the newspaper coverage and editorial concerning this Ordinance. He felt that the Commission was not fairly represented and that if the members wanted him to draft a letter in response to that editorial, he would submit it to them for approval and then send it to the newspaper under his own signature. 2. PUBLIC HEARINGS A. Petition for Variance to the Kenai Peninsula Borough Code o Ordinances, Title 21, Section 21.76.070, speci ically to change the set back line from 30 feet to 10 feet: Grace Brethren C urc . Sol Raymond opened the public hearing. Pastor Ed Jackson, ~ representing Grace Brethren Church, explained that he wanted to build a gymnasium, recreational area. He brought plans to the meeting showing the layout of the proposed building and the present Church. h Kenai Planning and Zoning Commission Page 2 Regular Meeting November 29,1978 2A. Cont. He requests a variance to the set back lines, from 30 feet to 10 feet. He brought the preliminary plans for the building and. pointed out the reasons for the variance would be to facilitate the use of the total building and best use of the property. Howard Beck, the only neighbor directly affected by the change in the set back line, stated that he is in favor of the construction of the building. As there were no other comments from the persons present, Sol Raymond closed the public hearing. and brought it back to the Commission for consideration. Phil Bryson questioned the fire code and the possible need for fire access lanes. John Wise pointed out that the plans had been reviewed by the City Building Inspector and did not appear to be lacking in this area. There was discussion concerning the purpose of having a 30 foot side. yard. Jim Hendricks stated that reasons would be for the noise factor and it being a ;possible nuisance to the neighbors. Also, height was another consideration. Pastor Jackson pointed out_that parking would not be a problem and that it was adequately provided for. The approximate height of the building would be 23 feet. The Commission members reviewed the plat and drawings .and discussed the height. of the building in relationship to the set back lines. Howard Beck stated that within the next year, the Church would be the owners of his land and this would eliminate any problems.. MOTION: Nick. Miller moved, seconded by Phil Bryson, to approve the Variance to the KPC Title 21, Section 21.76.070, to change the set back line from 30 feet to 10 feet. There was further discussion and the Commission agreed that there seemed to be no problems as the Church would soon own the land and Mr. Beck agreed with the plans. John Monfor questioned whether the Church would develop the rest of the property. Pastor Jackson replied that eventually the Church will develop a parsonage on the Beck property and will also develop a recreational field. The motion passed unanimously for the granting of the Variance. '~ Kenai Planning and Zoning Commission Page 3 '~ Regular Meeting November. 29, 1978 B. Petition for a Conditional Use Permit to the Kenai ~ Peninsula Boroug Code. of Ordinances, Title 21, Section 21.76.140, specs ically, or drilling of Cannery Loop Unit 1 Well: Union Oil Company of California. Larry Varvara, John Cochran, and Jim Calendar were all present from Union Oil Company of California to present to the Commission their request for a Conditional Use Permit to drill an oil well. Mr. Varvara brought maps and drawings for the Commission members to review. Nick Miller questioned the specific site of the well. Mr. Varvara pointed out that the City of Kenai plans on issuing a special use permit to his company that will be good for the duration of the project. This is not an important wildlife area. The structure will be identical to the one in Clam Gulch with a drilling rig and four or five trailers with boilers. It was also pointed out that the well would be in an open field next to a gravel pit. Cliff Heus questioned the noise level coming from the well. Mr. Varvara stated that the nearest neighbor would be 400 to 500 feet away also the noise would be considerably less at this time of the year because windows are closed and the rig is boxed in for weather reasons. He also stated that it would meet the requirements of the City Ordinance concerning noise levels. Phil Bryson questioned whether the area would be fenced, particularly the sump. Mr. Varvara stated that a pit now exists where the sump will be, and they will be sealing it for seepage. Mr. Bryson questioned the safety for children. Mr. Varvara stated that normally these areas were not fenced in. John Monfor questioned if any of the neighbors had been contacted. John Wise stated that all property owners have been notified twice about the drilling, once a month ago and again for this public hearing. Cliff Heus questioned whether there will be multiple wells. Mr. Varvara replied that hopefully there would be. There were no further comments from the public concerning the drilling of the well,and Mr. Raymond brought the topic back to the table. Mr. Raymond also made note of the fact that both he and Cliff Heus are members of oil companies. MOTION: John Monfor moved, seconded by Nick Miller, to approve the Conditional Use Permit for drilling Cannery Loop Unit #1 Well: Union Oil Company of California. The motion passed with Sol Raymond and Cliff Heus abstaining. lac lldl l 1d1111111 ~' d11LL LV11111 b' 1. U1111111JJ1U11 Regular Meeting November 29, 1978 rage 4 C. Petition to rezone V.I.P. Ranch Estates Subdivision, Lots 1-10, Bloc 4, rom Rural Residential to Genera Commercial. Sol Raymond questioned whether rezoning should be considered now because of the development of the Comprehensive Plan and the Resolution passed concerning waiting on rezoning until the Plan is complete. He questioned Jerry Andrews, who was representing the Subdivision, whether the rezoning could wait until spring, and if waiting .would be financially damaging for him if he did. He further suggested postponing the application for rezoning until the second meeting in March, 1979, and it would go back to the Borough in April. There was further input from Jim Hendricks and John Wise concerning waiting until Spring to give the Comprehensive Plan time to get underway. Mr. Hendricks pointed out that the Plan is not due until September, but it would still have to be approved and finalized so that waiting for all rezoning until the Plan is completed would be impractical. If possible, it might be better to wait until the spring and the Plan can help in rezoning.. Betty Glick also suggested waiting until spring and at that time letting the Comprehensive Plan Consultants know of the proposed use of the area and they could make their recommendations known for the area and the zoning. Jim Hendricks stated that by waiting, it would give the consultants some time to consider this area. It would be difficult to stop all rezoning for an entire year. The Commission might want to ask the Council to reconsider stopping all zoning changes. Jerry Andrews stated that it would be possible for him to wait on the rezoning request until March of next year and that he would go along with the City's wishes. Mr. Raymond suggested opening the meeting to the public for comments as the hearing had been advertised. There were no comments from the public concerning this rezoning. MOTION: Phil Bryson moved, seconded by Nick application for rezoning until the and that the Borough also postpone and Zoning meeting. It should also requested the postponement and that with their request. Miller, to postpone this second meeting in March it until after the Planning be noted that the Commission the applicant did agree The motion passed unanimously. AG110.1 110.1111111 0.11U LV11 :1.11 ~' VVlIL11L1JJ1V11 1'0.b'G J • Regular Meeting November 29, 1978 D. Petition to rezone 3.12. acre parcel within Section 6 TSN, R11W, S.M. located Southeast of t e National Guard Armory, east o Forest Drive an west of the Kenai Spur Highway, from Conservation to Urban Residential. Lee Glad represented the land in question and pointed out that the City Council agreed with the need to correct the error or oversite in the zoning of pxivate property as Conservation. John Wise also stated that the City Council felt there was an error at the time of zoning and that the present zoning is improper. The Council did not state what the zoning change should be or usurp the Commission's powers to make the change in zoning. Betty Glick stated that she had suggested that Urban Residential Zone would be best suited for the area and Mr. Glad's needs. There were no further comments from the public. MOTION: Cliff Heus moved, seconded by Nick Miller, to approve the petition to rezone the 3.12 acre parcel within Section 6, .TSN, R11W, S.M. located Southeast of the National Guard Amory, east of Forest Drive and west of the Kenai Spur Highway, from Conservation to Urban Residential. Nick Miller stated that he thought the only good use for this area would be for a development such as this as the land would be too expensive for a single family. Jim Hendricks passed out the Borough recommendations .concerning this request for rezonipg. It stated that the building is limited by the topography of the area and the Borough recommends approval of the zoning change. The Borough also noted .that it recommends that the Commission should be advised of site plans and the Commission needs to look at the number of buildings .that will be constructed. The Commission requested Mr. Glad to come back to the Commission for site plan approval after rezoning. Mrs. Glick questioned dedication of Spruce Street. Mr. Glad stated that he will be making a presentation once he gets with the surveyors. The motion passed with Phil Bryson abstaining. E. Petition to rezone Valhalla Heights, Part 1 Subdivision, Lot 1, Block 9, from Rural Residential to General Commercial. Mr. Raymond opened the public hearing on Valhalla Heights Subdivision and made the same recommendation to postpone the rezoning and questioned whether it would present any hardships. Kenai Planning and Zoning Commission Page 6 Regulax Meeting November 29, 1978 2E. Cont. Mr. and Mrs. Devito were present representing the Subdivision. Mr. Devito pointed out the area on the map and indicated his purpose in requesting the rezoning. He plans to make a safer access onto the highway which he intends to use when hauling large boats to be stored on his property.. As the access onto the highway is dangerous at the present, the proposed driveway would be easier to get onto the highway. Mr. Devito stated that it would create a to wait for a rezoning as he has applied State of Alaska and the loan needs to go end of the year or it will cost him more He further pointed out to the members th and showed that he will be leaving trees residential area behind. hardship for him for a loan with the through before the money next year. lots in question as a buffer for the Betty Glick stated that the usage must be considered as this was not a retail business but for personal use and for safety reasons. Mr. Bryson questioned whether there have been any comments from the neighbors. Mr. Devito replied that there have been favorable ones. There were no furtI~er comments from the public. Mr. Raymond suggested taking a different approach to this request as the timing is important and tying up the loan. Mr. Wise stated that he would like to defer taking any action until the Comprehensive Plan is further along but considering Mr. DeVito's problems, he didn't believe the Council would object . Mr. Raymond stated that the Commission's feelings should be made known and could be an item for the Council at the next meeting. Jim Hendricks stated that the Resolution's purpose is to guard against rezoning that could be irreversible. This rezoning is a logical one and should be considered. It was further pointed out that all the area lots around it are Commercial except Lot 6 which should also be considered. It was suggested that the Administration write up a Resolution and present it to the Council and the results could be forwarded to the Borough. MOTION: Phil Bryson moved, seconded by Karen Mahurin, to approve the ~ petition to rezone Valhalla Heights Part 1 Subdivision, Lot 1 Block 9, from Rural Residential to General Commercial subject to approval by the City Council. ti AC7110.1 1 10.1111111 b' Q11U LV11111~ VV1111111JJ1V11 rd~C / • Regular Meeting November 29, 1978 2E. Cont. Betty Glick made a suggestion that the City recommend that the logical extension of this zoning would be the rezone of Lot 6 to Commercial during the Comprehensive Plan public hearings. AMENDMENT: Phil Bryson moved, seconded by Karen Mahurin, to amend the motion with the following justifications: 1. Logical extension of existing zoning. 2. Improve unsafe access to highway. 3. Respresents a hardship to delay a decision. 4. No written or verbal objections were received from the public. The motion with the amendment passed unanimously. 3. AGENDA APPROVAL Mr. Raymond. pointed out the addition to the agenda concerning the home occupation of the Kenai Hobby Shop owned by Frank Konte. It was added to the agenda as Item A under New Business and Items A and B would then become B and C respectively. MOTION: Nick Miller moved, seconded by Cliff Heus, to approve the agenda with the addition. I The motion passed with no objections. 4. APPROVAL OF MINUTES OF November 8, 1978. MOTION: John Monfor moved, seconded by Karen Mahurin, to approve the minutes of November 8, 1978. The motion passed with no objections. 5. OLD BUSINESS A. Discussion on Landscaping Requirements John Wise stated that the City should be concerned with developing an ordinance concerning site plans and development requirements. Lanscaping would be an appropriate part of site planning. There was further discussion among the Commission members concerning landscaping requirements and how much authority the Commission would have to say how much green should be left or added. Jim Hendricks and Mr. Raymond both pointed out how a building permit could be accepted or rejected on the basis of approval or disapproval of the site plan. i~cuat s 10.1111111' 0.11u LV11111~ l.VlllllllJJ1U11 Yd.~C b • Regular Meeting November 29, 1978 5A. Cont. ~ John Wise pointed out the need for plans being submitted for approval concerning not only building but drainage, and landscaping. Sometimes the developers are not thinking of the best use of the land. These will be items considered in the Comprehensive Plan. 6. NEW BUSINESS A. Kenai Hobby Shop: Frank Konte Mr. Raymond read the memo concerning the complaints about the parking on Lilac from residents of the street. Mrs. Glick stated that the complaints had been brought up before the full City Council in late July when the residents of Lilac discussed its upgrading. It was questioned at that time whether or not the home occupation had been approved and they also complained about people parking in the street. Another meeting was held last week with the residents and an Ad Hoc Committee of the Council and the subject was again brought up. Mr. Frank Konte, owner of the Hobby Shop, stated that during the summer Mr. Vozar was constructing houses and also he was building at the time. Mr. Vozar requested extra parking in Mr. Konte's yard and he allowed him to do so. At the present ~ time, the streets are still congested but not with cars from his business, He further stated that his business is very slow, and there are usually no more than two cars parked in the lot at any one time. Mr. Raymond read from the Ordinance concerning parking for retail and sales of non-bulky items. Mr. Konte stated that the Hobby Shop is taking the blame for something that is not his problem. Mr. Monfor stated that Mr. Konte's reasons were adequate to present to the City Council. B. Ahlstrom Subdivision, Lots 2 and 3, Block 8: Preliminary/ Final The Commission reviewed the plats and Jim Hendricks read the Borough Staff Report concerning this Subdivision. There was further discussion of the existing building and the property lines and the unusual shape of the lot since it was not. squared off. MOTION: Cliff Heus moved, seconded by Nick Miller, to adopt Resolution PZ 78-48 approving Ahlstrom Subdivision Lots 2 and 3, Block 8: Preliminary/Final upon the following conditions: Corrections N~ Kenai Planning and Zoning Commission Page 9 •' ~ Regular Meeting November 29, 1978 6B. Cont. of negative findings of Items 4, 6, 8, 10, and 11. 4. Plat does subdivide a tract subject ~Q approved special assessment, and the owner has not provided the City with information about special assessments. 6. Set back lines are indicated, but the existing structure on 2A does not comply with set back requirements. 8. Status of surrounding land is not shown. 10. Lots are not identified by street addresses in accordance with City Code. 11. Statement on wastewater disposal needs to be corrected to include the word comply. There was further discussion of the building and the set back lines. It was evident that the building was on the property before the set back lines were drawn in. Mr. Bryson stated that the set back line should be moved accordingly. Mr. Heus felt that this could lie waivered. MOTION: Cliff Heus moved, seconded by Nick Miller, to amend the motion and add under Item 6 that the plat should include a statement that the description of the set back line should be waivered due to grandfather rights of this subdivision. The Motion passed with Phil Bryson voting against. C. Central Heights Subdivision, First Addition: Prelimina The Commission members discussed the plat and Jim Hendricks read the Borough Staff Report and a letter concerning the Borough's recommendations. John Wise stated that there might line. It should be connected and system rather than deadended into have enough room for storm drains to be a minimum of a,,50 foot righ 40 feet. be a problem with the water looped into the existing this section. In order to and utilities, there will have t of way and not the requested Betty Glick stated that the houses would be sitting on top of each other. It would be better to have a few less lots and a more desirable road width. ~ Mr. .Raymond stated that a wider road width would improve the utility of the road both for the people buying the land and City maintenance. ~ ~ ~,,; . 1\Glld1 r1d1111111 ~' d11U LV11111~ I~V1I11111JJ1V11 rd.~C lU ,•, Regular Meeting November 29, 1978 6C. Cont. `~ MOTION: Phil Bryson moved, seconded by Cliff Heus, to adopt Resolution PZ 78-49 approving Central Heights Subdivision, First Addition: Preliminary upon the following conditions: Corrections df negative findings of Items 5, 6, 9, and 10. 5. Recommend a 50-foot right of way rather than a 40 foot. 6. Set back lines are not indicated. 9. Utility easements, if required, are not shown.. 10. Lots are not identified by street addresses in accordance with the City Code. Jim Hendricks and John Wise both suggested not recommending approval of the subdivision but asking the owner to change the plat with a minimum 50 foot right of way and resubdividing accordingly. Then the plat could be resubmitted to the Commission. Phil Bryson withdrew the motion to approve the subdivision and requested resubmittal of the preliminary plat of the Central Heights Subdivision to include the corrections of negative Items 5, 6, 9, and 10 and a 50 foot right of way and to adjust the proposed lots to conform to the zoning ordinances. 1 The motion passed unanimously to request that the plat be resubmitted with the corrections. 7. OTHER BUSINESS A. City Council Report: Betty Glick Betty Glick reported on the City Council meeting of November 15, stating that several resolutions had been passed; D~'. Wilsey of the Kenai Peninsula Community College presented the school's need for additional funds; Jim Bishop requested an air taxi certificate; Resolution concerning contract for engineering services for waterline - Beaver Loop to Bridge access; ®rdinance concerning animal shelter extension; $50,000 for addition to City Shop; Passed Resolution appointing City Manager as land selection agent; Authorized a grant application for STP upgrading. Tie Council met with the people of Lilac Street and discussed the problem of upgrading; Mayor O'Reilly made a presentation regarding the zoning code ordinance which was defeated, the Commission should submit a transmittal letter with the Ordinance; there was a question regarding the art gallery without a home occupation permit in Woodland Subdivision. As a reminder, there will be a meeting next Thursday, December 7, 1978, at 7:OO p.m. with the Dept. of Transportation concerning Willow Street upgrading. • ~ 1~Clld1 1"1dlllllll~ X1.11(1 LV11111~ l.,U111L11JJ1U11 ~~ ~ ~ Regular Meeting November 29, 1978 Yc1.~C 11 B. Borough Planning and Zoning Commission Report: Betty Glick } Betty Glick reported on the Commission meeting of November 27, 1978. She pointed out the all-day workshop on December 9 beginning at 10 a.m.; December 2, 1978, there will be a workshop with the Borough and the City starting at 1:00 p.m. C. Administrative Report John Wise pointed out the engineering projects for water and sewer; discussed the proposed improvements on Willow Street; listed other projects such as the runway which is under design, Airport Way to tie into Walker Lane and realigned; bid projects for upgrading sewer lift stations and renovating Well House #1; possibility of starting sewer extension of 16' line down to the Sewer Treatment Plant as erosion is a threat to the existing line. Everything is funded so far except the Airport. The City would like to put in Water and Sewer down the Spur to Superior Builders. There is lots of activity on the river with plants enlarging and airport has heavy;: traffic during fishing season. 8. COMMISSION QUESTIONS AND COMMENTS Sol Raymond stated that he wishes to resign as Chairman of the Planning and Zoning Commission as he has property outside of the City limits and will be developing it next summer. He recommends that anew chairman is elected by the first of the year. Mr. Raymond also recommended having only one meeting in December on the 13th and not on the 27th. There were no objections . Karen Mahurin stated that she appreciated the Mayor coming into the meeting and felt that the Mayor did not have to write a letter to the. newspaper in reply to the editorial. Also, she objected to the comments that the Community Bulletin was receiving at KSRM. The Commission members agreed that a letter was not necessary to be sent to the newspaper. 9. ADJOURNMENT MOTION: Karen Mahurin moved, seconded by Cliff Heus, to adjourn the meeting. There being no further business, the meeting was adjourned at 11:30 p.m. Respe/lctfully \s~yujbmitted, Janice E. TaylorJ~ Secretary to the Commission