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HomeMy WebLinkAbout1979-04-11 P&Z Minutesrt - Kenai Planning and Zoning Commission Regular Meeting, April 11, 1979 Kenai Public Safety Building, 7:00 p.m. Phillip Bryson, Presiding Chairman AGENDA 1. ROLL CALL 2. PUBLIC HEARINGS A. Petition to rezone V.I.P. Ranch Estates Subdivision, Lots 1 - 10, Block 4, from Rural Residential to General Commercial. B. Petition for a Conditional Use Permit to the Kenai Peninsula Borough Code of Ordinances, Title 21, Section 21.76.140., specifically for use as a , Day Care Center on Lot 5, Block H, Beaver Creek Alaska Subdivision: William R. and Sandra Hinrichs. C. Petition for a Conditional Use Permit to the Kenai Peninsula Borough Code of Ordinances, Title 21, Section 21.76.141, specifically for extraction of gravel from the SW;, NE4~SE4j SZ SE4 of Section 3: City of Kenai. 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES OF March 28, 1979 5. OLD BUSINESS A. Site Development and Land Disposal Plan Section 36 Lands. 6. NEW BUSINESS A. Three W's Subdivision: Preliminary B. Cahill Subdivision: Preliminary/Final C. Sunset Rim Subdivision: Preliminary D. Aleyeska Subdivision; Part 3, Lot 2 and Tract A: Preliminary/Final E. Fidalgo Commercial Center, Lots 6 ~ 7, Block 4: Preliminary/Final F. Fidalgo Commercial Center, Lots 3 - 7, Block 3: Preliminary/Final G. Central Heights Subdivision, First Addition: Preliminary H. Plat of Land Exchange: Preliminary I. Vacation and Replat, Rasmussen Subdivision: Preliminary/Final Kenai Planning and Zoning Commission Page 2 April 11, 1979 J. Concept Lease Application, unplatted lot on Spur Bounded by Ryans Creek and Katmai Motel: Bradley ~ Assoc. 7. OTHER BUSINESS A. City Council Report: Betty Glick B. Borough Planning and Zoning Commission Report: Betty Glick C. Administration Report D. Borough .Report: Jim Hendricks 8. COMMISSION QUESTIONS AND COMMENTS 9. ADJOURNMENT KENAI PLANNING AND ZONING COMMISSION C.~~~G~~i~~ ` - REGULAR MEETING, April 11, 1979 Kenai Public Safety Building 7:00 p.m. Phillip Bryson, Presiding Chairman 1. ROLL CALL Present: Phil Bryson, Nick Miller, Sol Raymond, Jerry Andrews, Karen Mahurin, Dwain Gibson, John Monfor, and Ex-Officio Member Betty Glick Absent: None Others: Jim Hendricks, Borough Planner; John Wise, City Manager; Bill Nelson, City Engineer; Phil Aber, Ed Ambarian, City Councilmen; Bob Borgan; Chester Cone; Mike McLane; Mr. and Mrs. Hinrichs 2. PUBLIC HEARINGS A. Petition to rezone V.I.P. Ranch Estates Subdivision, Lots l - 10, Bloc 4, rom Rural Resi ential to General Commercial. Phil Bryson explained that this had been before the Planning Commission previously and had been tabled until this meeting waiting for further input from the Comprehensive Plan. He further asked the Borough Representative for comments. Jim Hendricks outlined the recommendations as listed in the submitted Borough report. Mr. Bryson opened the Public Hearing to the public for comment. Mike McLane was present. representing Jerry Andrews, owner. Mr. Andrews had stepped down from the table when the subdivision rezoning was introduced. Mr. McLane pointed out the property in question on a map which he brought to the meeting. He further pointed out the areas of Commercial development in the area. There was discussion"_concerning the aLtern~.titres~_listed in the Borough fe~aort_on this rezoning. Mr. Andrews stated that he would concede to a neighborhood zone and does have commitments from people who wish to develop neighborhood businesses.' Ed Ambarian stated that the rezoning should be denied until the Comprehesive Plan is completed and the owner should be active in any public hearings concerning this area. There were no other comments from the public. The Commission members questioned the time for the completion of the Comprehensive Plan. It was discussed and stated that it might be possible for the plan to take longer than the fall of this year to be finalized. Kenai Planning and Zoning Commission Page '2 Regular Meeting, April 11, 1979 ~~ 2A. Continued There was further discusion on the changes which would be brought about by the Comprehensive Plan. It was stated that not only the land owner has the right to initiate rezoning but that the Borough and the City could. MOTION: Sol Raymond moved, seconded by John Monfor, to approve the petition to rezone V.I.P. Ranch Estates Subdivision, Lots 1 - 10, Block 4, from Rural Residential to General Commercial. Sol Raymond stated that he felt uncertain about voting on the rezoning as the time frame seems to be long to wait until the Comprehensive Plan is complete and yet feels as though the rezoning should wait for completion of the plan. Nick Miller felt that he needed a better definition of the neighborhood zone before he could make a decision in favor of this zoning. He would like to see the Plan completed before making a zoning change. Mr. Andrews was questioned as to whether he could wait for the completion of the plan. He stated that the wait would affect him and the property by waiting for another year for the zoning change. He stated that the trades currently along the Kalifonsky Road are dependent upon traffic and only a couple are neighborhood type businesses which serve the community directly around them. It is not his intent to create large businesses but to create residential,--type businesses. Some of the Commission members voiced their doubts about voting on this rezoning and understood the need for new businesses to develop. Betty Glick stated that Mr. Andrews might want to participate in the public hearings resulting from the Comprehensive Plan. The motion failed unanimously with Jerry Andrews abstaining and absent from the table. B. Petition for a Conditional Use Permit to the Kenai Peninsula Boroug Co e o Ordinances, Title 21, .Section 21.76.140, speci ically or use as a Day Care Center on Lot 5, Block H, Beaver Cree Alas a Subdivision: William R. and Sandra Hinrichs. Jim Hendricks read the Borough recommendations concerning the application for a Conditional Use .Permit. Kenai Planning and Zoning Commission Page 3 Regular Meeting, April 11, 1979 2B. Continued Mr. Bryson opened the public hearing. Mr. Hinrichs explained to the Commission that they had previously applied fora Conditional Use Permit for the lot next to this one for a Day Care Center in their duplex. He now is requesting another permit for the four-plex so that they can separate the children according to their ages. He stated that the Health and Social Services has given their approval. There were no other comments from the public. Nick Miller questioned whether the other renters in the building were aware of the Center. Mr. Henrichs stated that they were aware of it. Karen Mahurin questioned whether the area would be fenced. Mrs. Hinrichs stated that a 4 - foot fence would be installed. She further explained the activities and need for additional area, thus the request for the Conditional Use Permit. MOTION: Sol Raymond moved, seconded by Nick Miller, to adopt~~Reso.lution PZ"Nr 79-16 granting the request for a Conditional Use Permit as authorized by 21.76.220 of .the Kenai Zoning Code, for a Day Care Center located on Lot 5, Block H, Beaver Creek Subdivision by William and Sandra Hinrichs, and that the following conditions be met: 1. That the Day Care Center be operated only with a State license. 2. That off-street parking and exits and entrances meet with requirements in the Zoning Code. The motion passed unanimously. C. Petition for a Conditional Use Permit to the Kenai Peninsula Borough. Code of Ordinances, Title 21, Section 21.76.141, specifically for extraction of gravel from t e SW4j NE4 SE4, SZ SE4 o Section 3: Clty of Kenai John Wise distributed the Right of Entry for. Materials Exploration Permit forms and requested that this form be made part of the record. He further commented on the draft of the contract between the City and the State relative to what would be done.. Mr. Wise requested that all documents concerning this permit be made a part of the record. He stated the City really needs this gravel and it is estimated that there are over a million cubic yards in this section. He explained to the Commission members the terms of the agreement and the use the gravel would be put to. Mr. Bryson opened the meeting to the public. Kenai Planning and Zoning Commission Page 4 Regular Meeting, April 11, T979 Mr. Bob Borgan stated that this item should be tabled until ~ the correct legal description could be advertised and persons owning the land around it could be notified. He further requested that a cover letter be sent with a map showing the area in question. He did not feel as though the meeting should continue. Mr. Andrews questioned the requirements for notification. The secretary explained that the correct people within 300 feet of the property in question had been notified the required 10 days in advance of the Public Hearing. Chester Cone stated that he had been hassled when he applied for a gravel permit and feels that the City should. undergo the same opposition. The land also is in the middle of the Wet Lands. Mr. Borgan questioned who would be policing the City as the private companies are checked. He further stated that he did not feel that the City should sell to the State and opposes the Public Hearing as the legal description was not correct. MOTION: Karen Mahurin moved, seconded by .Dwain Gibson,to table this Petition for a Conditional Use Permit until it could be ,~ readvertised and the correct legal description used. The motion passed unanimously. 3. AGENDA APPROVAL Jim Hendricks pointed out that Rasmussen Subdivision was omitted. MOTION: John Monfor moved, seconded by Karen Mahurin, to approve the agenda with the addition of Rasmussen Subdivision as Item I and Item I moved to Item J. There were no objections. 4. APPROVAL OF MINUTES OF March 28, 1979. MOTION: Karen Mahurin moved, seconded by Sol Raymond, to approve the minutes of March 28, 1979 as submitted. There were no objections. Kenai Planning and Zoning Commission Page 5 Regular Meeting, April 11, 1979 5. OLD BUSINESS } A. Site Development and Land. Disposal Plan Section 36 Lands. MOTION: Sol Raymond moved, seconded by John Monfor, to bring. the Site Development and Land Disposal Plan Section 36 Lands back to the table. The motion passed unanimously. Jim Hendricks explained the intent of use to the Commission members. Mr. Wise further pointed out the need for a site development plan for Section 36 Lands. He also suggested that the Commission ask for money for the airport lands for disposal and platting and development. The City needs to ask the Borough for assistance. The money in question will not pay to have the surveying done of the Section 36 Lands but will pay for a plan or study to be done relative to the characteristics of the area and how to have the land surveyed. There was further discusion concerning the steps for disposing of land and the site plans. Jerry Andrews stated that he has talked to people in the City concerning planning needs and did not receive any feedback. ~ He stated that possibly the Comprehensive Plan would suggest a more important use for the funds. Mr. Hendricks stated that unless the money is used by a certain date then it would be returned to the general fund. He feels that if this study is done then it might prove to be a pilot study for future ones. MOTION: Karen Mahurin moved, seconded by Nick Miller, to approve the use of Revenue Sharing Funds for a Site Development and Land Disposal Plan for Section 36 Lands. The motion passed unanimously. 6. NEW BUSINESS A. Three W's Subdivision: Prelimina The Commission reviewed the plat and Borough comments. The Borough had asked for resubmittal of this plat. MOTION: Karen Mahurin ..moved, seconded by Sol Raymond, to table the Three W's Subdivision: Preliminary Plat pending resubmission to the .Borough providing the requested information. The motion passed unanimously. • ~ Kenai Planning and Zoning Commission Page 6 • Regular Meeting, April 11,.1979 B. Cahill Subdivision: Preliminary/Final The Commission reviewed the Borough comments and the plat. There was discussion on the access to the subdivision. MOTION: Nick Miller moved, seconded by Dwain Gibson, to adopt Resolution PZ No. 79-8 approving Cahill Subdivision: Preliminary/ Final upon the following conditions: Corrections of negative findings of Items 6, 8, 9, 10 and 11. 6. Set back lines are not indicated. 8. Status of surrounding land is not shown. 9. Utility easements, if required, are not shown. 10. Lots are not identified by street addresses in accordance with City Code. 11. Legal Description should read NW cor. of Sec. 8. The motion passed. unanimously. C. Sunset Rim Subdivision: Preliminary ~ The Commission reviewed the plat and the. Borough recommendations. There was discussion on the lot size and right-of-ways, flood line and set back from the stream. John Wise stated that the City would prefer a 60' right-of-way. MOTION: Nick Miller moved, seconded by John Monfor, to adopt Resolution PZ 79-9 approving Sunset Rim Subdivision: Preliminary upon the following conditions: Corrections of negative findings of Items_9, 10, and 11. 9. Utility easements, if required, are not shown. 10. Loth are not ident-ified by street addresses in accordance with City code. 11. The City recommends that a 60' right-of-way to comply with the soon to be existing standards be indicated. The motion passed unanimously. D. Aleyeska Subdivision Part 3, Lot 2 and Tract A: Preliminary/ Final It was suggested that Items D,E,and F be considered together. The Commission discussed the plats and~:the Borough recommendations. Mr. Hendricks pointed out that the Code is silent on set back lines dealing with land that is Commercial and is not sure what the new zoning ordinance will state. Kenai Planning and Zoning Commission Regular Meeting, April 11, 1979 Page 7 l MOTION: Sol Raymond moved, seconded by Dwain Gibson, to adopt Resolution PZ 79-10 approving Aleyeska Subdivision, Part 3 Lot 2 and Tract A: Preliminary/Final upon the following conditions: Corrections of negative findings of Items 9 and 10 and Item 6 waived at this time. 9. Utility easements, if required, are not shown. 10. Lots are not identified by street addresses in accordance with City code. The motion passed unanimously. E. Fidal o Commercial Center, Lots 6 ~ 7, Block 4: Preliminary Final The Commission reviewed the plat, and questioned the need for rezoning. John Wise stated that the rezoning request should be at the next meeting. MOTION: Nick Miller moved, seconded by John Monfor, to adopt Resolution PZ 79-11 approving Fidalgo Commercial Center, Lots 6 ~ 7, Block 4: Preliminary/Final upon the following conditions: Corrections of negative findings of Items 9 and 10 and Item 6 waived at this time. 9. Utility easements, if required, are not shown. 10. Lots are not identified by street addresses in accordance with City code. The motion passed unanimously. F. Fidalgo Commercial Center, Lots 3-7, Block 3: Preliminary) anal The. Commission reviewed the plat, and there was some discussion. MOTION: Dwain Gibson moved, seconded by Nick Miller, to adopt Resolution PZ 79-12 approving Fidalgo Commercial Center, Lots 3 - 7, Block 3: Preliminary/Final upon the following conditions: Corrections of negative findings of Items 9 and 10 and Item 6 is waived at this time. 9. Utility easements, if required, are not shown. 10. Lots are not identified by street addresses in accordance with City code. The motion passed unanimously. xenai rlanning ana coning commission ` Regular Meeting, April 11, 1979 rage ~ G. Central Heights Subdivision, First Addition: Preliminary ~ It was suggested that Items G and H be considered together. Phil Aber was present representing the .surveyor and explained the reason for the land exchange for access. There'°°was a discussion of the plats and the Borough's recommendations. MOTION: Jerry Andrews moved, seconded by Nick Miller, to adopt Resolution PZ 79-13 approving Central Heights Subdivision, First Addition: Preliminary. The motion passed unanimously. H. Plat of Land Exchange: Preliminary This item was discussed with Item G, above. Phil Aber asked that the Commission recommend to the Council to dedicate the easement on the City's property. MOTION: Nick Miller moved, seconded by Sol Raymond., to adopt Resolution PZ 79-14 approving the Plat of Land Exchange: Preliminary upon the following conditions: that the Commission ~ recommends that.the = Cit3~ Council .,approve.: the Resolution and further recommends that they approve the 30 foot half. street right-of-way dedication as proposed by the plat of land exchange. The motion passed unanimously. I. Vacation and Replat, Rasmussen Subdivision: Preliminary/Final There was some discussion of the plat. MOTION: Sol Raymond moved, seconded by Karen Mahurin, to adopt Resolution PZ 79-15 approving the Vacation and Replat, Rasmussen Subdivision: Preliminary/Final upon the following condition: Correction of negative finding of Item 10. 10. Lots are not identified by street addresses in accordance with City code. The motion passed unanimously. J. Concept Lease Application, unplatted lot on Spur Bounded by Ryans Cree an Katmai Motel: Bradley an Assoc. Mr. rise explained that Bradley and Assoc. has taken over the lease application and would like the Commission to~review it, ~ and then table it for further action. There was discusson about parking and compatibility with surrounding area. ' Kenai Planning and Zoning Commission Page 9 Regular Meeting, April 11, 1979 ,} 7. OTHER BUSINESS A. City Council Report: Betty Glick Mrs. Glick reported on the Council meeting on April 4 - Dr. Bailey. is the new City Council member; Ordinance 479-79 concerning excavation permits; Jim Elson, L°and Committee Findings; approval of .special use permit for Dragnet Fisheries for use~:of six ramp floats; concept lease for Sea Catch; Topo Study for the City of Kenai; approval of Resolutions awarding contract work - Airport Way sewer line, water line, Sewer Treatment Plant, Purchase of new Sewer pumps, Airport Improvements, and Renovation to Well House 101. B. Borough Planning and Zoning Commission Report: Betty Glick Mrs. Glick stated that there will be a public hearing on Monday on the new subdivision ordinance. C. Administrative Report Mr. Wise pointed out the CEIP engineering which is presently being done. Orie of the projects of engineering is to put sewer down the~Bridge Access Road to Beaver Loop and tie into the system. There are plans to put in a high pressure lift station. He feels this will help to open up this area for development. Water will also be engineered. The pre-construction on the Airport Improvements has been held. Proposals have been received on the Topo Study. He hopes to develop funding to upgrade some of the roads and feels the proceeds from the sale of 36 Lands will go into the Capital Improvement fund. The City is looking into the possibility of putting water into V.I.P. and the Cannery area. Two more bids are to be awarded. The status of Willow Street is not to go out to bid un~.l the first of June. Mr. Wise stated that he would like .to ask the Borough for planning money for the Airport Lands and would like to have the Commissions ideas on this. 8. COMMISSION QUESTIONS AND COMMENTS 9. ADJOURNMENT MOTION: Sol Raymond moved, seconded by Nick Miller, to adjourn the meeting. There being rio fufther business, the meeting was adjourned at 11 p.m. Respectfully submitted, ~~ J n.i.~e E. Tayl Secretary to the Commission