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HomeMy WebLinkAbout1980-03-26 P&Z MinutesKenai Advisory Planning and Zoning Commission Regular Meeting, March 26, 1980. } Kenai Public Safety Building, 7 p.m. Philip Bryson, Presiding Chairman ~ AGENDA 1. ROLL CALL 2. PUBLIC HEARINGS A. Proposed Street Name Changes 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES OF February 27, 1980 5. OLD BUSINESS 6. NEjV BUSINESS A. Home Occupation Request:. B ~ L Pottery B. A.S.L.S. 7395: Preliminary Plat C. FAA Letter dated March 11, 1980 regarding Bluff property ' 7. OTHER BUSINESS A. City Council Report: Betty Glick B. Administrative Report C. Borough Planning and Zoning Report: Betty Glick D. Borough Report: Jim Hendricks 8. COMMISSION QUESTIONS AND COi~~'~tENTS A. Borougr. Memo: Borough Assembly Ordinance 80-14 B. Borough Memo: Subdivision Ordinance Amendment/ Setback Statement Requirement C. Borough Ttemo: Coastal Development Program D. Memo from City Clerk 9. ADJOURNMENT .~ Kenai Planning and Zoning Commission Regular Meeting, March 26, 1980 Kenai Public Safety Building, 7 p.m. Philip Bryson, Presiding Chairman 1. ROLL CALL Present: Phil Bryson, Karen Mahurin, David Curtis, Jerry Andrews, Jim Blanning, George Fox, jNayne Regelin and Betty Glick, Ex-Officio Member Absent: None Others: Bi11 Nelson, City Engineer; Jim Hendricks, Borough Planner; Bill and Mary Lou Wilcox 2. PUBLIC HEARINGS A. Proposed. Street Name Changes There were no comments .from the public regarding the proposed street name changes. Bill Nelson, City Engineer commented that there were some recent changes. to the list of names that was in the packets. He suggested that the Commission table this Resolution until the Council had time to approve an Ordinance to change the Kenai Code and the Ordinance has. been .enacted. This Ordinance would change-the direction of City streets and avenues. The Commission did receive a letter from Gerald Bookman rec{uesting that "U" Street be changed to Muir Street and another from Nita Childers requesting Chizik Lane instead of "85th Street." The Commission took no action at this time. 3. AGENDA APPROVAL Jerry Andrews requested that the Concept Lease Application for Rainier Fund be added as Item 5A un~~er Old Business. MOTION: Jerry Andrews moved, seconded by Karen Mahurin, to approve the agenda with the addition. There were no objections. 4. APPROVAL OF MINUTES OF February 27, 1980 MOTION: Jerry Andrews moved, seconded by George Fox,. to approve the minutes of the February 27, 1980 meeting as submitted. There were no objections. Kenai Advisory Planning and Zoning Commission Page 2 Regular Meeting, March 26, 1980 5. OLD BUSINESS A. Concept Lease Application: Rainier Fund Jerry Andrews stated that he had been approached by a representative of this company to check on the status of this lease application. Concept approval has been given to the Rainier Fund for a shopping center some time ago and they are. still interested in the land and building a shopping center. They want some assurance that their lease application is still active or that no one else can file on the property which they applied for. Mr. Andrews asked that someone from the City Administration look into this application and the delay and furnish the Rainier Fund with a satisfactory answer. He further felt that the City was not following through with the lease application. Betty Glick stated that after this question was brought up at the last Planning meeting, she. brought it up to Council. Charlie Brown had been up to Anchorage to discuss the release of this land from the FAA. It was Council's wish to work on getting the release of this land as soon as possible.,. Jerry Andrews requested that the City Administration draft a letter giving a status report on this lease application and stating within the letter that the letter sent by the City Administration last summer regarding the discontinuance of their application was in error. It should be signed by the City Manager. There were no objections. 6. NEW BUSINESS A. Home Occupation Request:. B ~ L Pottery Phil Bryson. stated that the applicant, Bill Wilcox, was an employee for his firm. Jim Blanning questioned whether an application was needed from the Wil~oxs as their request was acceptable for their zone. George Fox also questioned whether the Commission had to address this request. Bill Wilcox stated that he was under the impression that he had to come before the Planning Commission for approval. The secretary stated that she had informed the Wilcox that this would be the correct procedure to come to the Commission. George Fox questioned whether this use falls under their ~ subdivision covenants. Mr. Wilcox stated that there were none. Kenai Planning and Zoning Commission Regular Meeting, March 26, 1980 The Commissioners discussed what a consist of. Jerry Andrews stated conflict with the ordinance. They business in this zone. Page 3 home occupation would that he did not see any could not have a retail Jim Hendricks clarified what a home occupation consists of and stated that if a person advertises with signs, etc., then it would be retail. Selling services and not objects would be different. Also., one would have to consider if the average neighbor would be aware of the existence of the home occupation. The Commission members did not objection to the request for a home occupation as long as the applicants complied with the items 1-6 as listed on the memo from Jim Hendricks, Borough Planner. MOTION: George Fox moved, seconded by Jim Blanning, that a pottery studio should be included in the intent of the ordinance in the same way as a beauty parlor as long as it falls within the legal parameters of the ordinance. The motion passed unanimously.. B. A.S.L.S. 7395: Preliminary Plat Jim Hendricks stated that the Borough received a letter from the State requesting a time extension for this plat as it had 'been mislaid after original approval. If the Commission does not have a problem with the plat then no action needs to be taken other than a simple motion of non-objection. MOTION: Jerry Andrews moved, seconded by Wayne Regelin, to direct the Plat Committee that the Planning Commission has no objection to the approval of the plat. There were no objections. C. FAA Letter dated March 11, 1980 regarding Bluff property It was pointed out that this land has been released by the FAA, a portion was platted, and is valuable property. Now the FAA wants to use a portion of the land to install an antenna and anchors. George Fox pointed out the height of the antenna and the possibility of it being in the aircraft approach zone and creating an aviation hazard. He would be opposed to raising the minimums. He further felt that this was not the highest and best use of the land. Kenai Planning and Zoning Commission Regular Meeting, March 26, 1980 Page 4 Council has requested that the Commission review the FAA request and consider if this is the highest and best use of the land and what their alternative to this spot would be. They would like a recommendation as to where the antenna could be placed. Jerry Andrews felt that the Commission did not have enough data to make a decision and suggested that a representative be asked to come to the next meeting to explain further what the requirements mere for the antenna. Jim Blanning questioned whether the City has any planned use of the land.. Phil Bryson stated that it would be Commercial use and high density housing. Jim Hendricks stated that rural residential zoning. was appropriate for high antennas such as T.V. MOTION: George Fox moved., seconded by Jerry item pending additional information requesting the City Administration regarding air traffic. Andrews., to table this from the FAA and to seek information The motion passed unanimously. 7. OTHER BUSINESS A. City Council Report: Betty Glick Mrs. Glick stated that the Council passed an Ordinance which would allow station wagons to be used as taxis within the City; there was a discussion concerning the Stoehner's lease and she gave a brief review of .the lease.. Council decided to require that the Stoehner's pay $500 to attempt to compensate for the time and expenses spent by City personnel regarding this lease. The lease is nownull~and void and Lots 1, 2, and 3 are now available. Jerry Andrews questioned whether the City is .making a demand that they pay for a lease that does not exist. Betty Glick explained that it was upon--the advice of the City Attorney that they charge this. The Council feels as though the lots could have been utilized and developed and the City paid for the appraisal. The Commission further discussed this and felt that future lease applicants should be asked for earnest money but that charging after the fact would not be the best solution. They felt that it was too easy for people who were speculating without actual financial backing to tie up valuable land. Kenai Planning and Zoning Commission Regular Meeting, March 26, 1980 Page 5 Mrs. Glick stated that the Council discussed the proposals received for the franchising of the Airport Parking Lot. Lt was decided that the City i~ not ready for paid parking as it would be too expensive for the City as presented in the proposals. The additional lights seems to have deterred vandalism. The Council suggested cutting down the use of the long-term parking lot to 30 days to allow for maintenance of that area. Mrs. Glick mentioned that the election. for the City Hall funding would be on April 9 and. that on April 5 there would b can open house starting at 10 a.m. at Fort Kenay to review the model and plans of the new City Hall. Carmen Gintoli and Council would be available to answer questions. B. Administrative Report C. Borough Planning .and Zoning Report: Betty Glick Mrs. Glick commented on the Coastal Energy Development Plan and the chosen planners Cramer, Chin and Mayo. D. Borough Report: Jim Hendricks 8. COMMISSION QUESTIONS AND COMMENTS A. Borough Memo: Borough Assembly Ordinance 80=14 Betty Glick gave a background to how the Ordinance originated. It seems that the City of Seward denied a request from a Church to put a schcol in their btailding. The reasons were that it would infringe upon the rights of the residents in the area; there were no adequate parking facilities for school or an expansion;. it would increase the use of the street every day of the week; and there would be no buffer zone. The school was denied and the Borough upheld the decision. This Ordinance developed and now they are trying to get this through the Assembly. Jerry Andrews commented that he that a church and a school have That is invalid as they are not Karen Mahurin stated that she d state that a church cannot have opposed to an ordinance stating but it should include a list of has a problem with the idea the same use requirements. .the same. idn't believe that anyone should a school and would not be that a church could have a school requirements for apprdval. Jerry Andrews stated that it shouldn't be presupposed that if you have a church allowed then a school is allowed also. This excludes everyone .else's rights to get their own. Kenai Planning and Zoning Commission Regular Meeting, March 26, 1980 Page 6 Jim Hendricks pointed out that there was one question that needs to be answered - Should churches and schools be treated as the same? George Fox did not think that they should be treated as the same but as individual cases. If suitable, o.k. If not then no. Jim Hendricks stated that the Borough Ordinance has been tailored to fit the needs of each individual city and this Ordinance overrules the individual city codes and makes all treated as the same. It would make in the future every church able to have a school. The .Ordinance would .take away a certain amount of power away from the Cities. Karen Mahurin urged that they use caution in dealing with this Ordinance and might recommend that an attorney go over this. Jim Hendricks explained that the existing and new ordinances are defensible and in the interest of all citizens and the burden is not on the City but on the individuals to try to prove that it is wrong. Phil Bryson questioned whether the Borough could initiate a change in the Ordinance. Mr. Hendricks explained that the City Planning and Zoning, City Council and the Borough Assembly could initiate' a chd.nge . MOTION: George Fox moved, seconded by Jerry Andrews, that the City Planning and Zoning Commission request that the Borough not enact the Ordinance but to treat applications for churches and schools on an indi~tidual basis and judge the appropriateness thereof. The Commission members discussed this motion and decided that they would like to add a list of reasons to the motion that churches and schools do not have the same. uses. It was suggested that Jim Hendricks. and Jerry Andrews would meet and draft a motion with a list of reasons for the next meeting. Jerry Andrews withdrew his motion with consent of second. B. Borough Memo: Subdivison Ordinance Amendment/Setback Statement Requirement Jim Hendricks pointed out that this was for the Commissioners information and that it could change all setback lines. C. Borough Memo: Coastal Development Program Mr. Hendricks explained that the Borough has just selected the consultant and it will require a year of public review. Kenai Planning and. Zoning Commission Regular Meeting, March 2b, 1980 Page 7 He further requested the Commissioners to review the pages in their packets. There are only a few pages which deal with Kenai but has included mor~.e so that one could see what the program entails. He asked the Commissioners to review it and come to the next meeting with comments or questions.. The Commission has been asked by the City Council to review the disposal of Section 36 lands. It was suggested that the Commissioners get the reports from Thorpe to give some guidance. It was also stated that if a meeting was called for the Land Committee then the members of the Planning Commission should be notified.. and some should attend. Jerry Andrews would like=:to be a part of this Committee. Mr. Andrews stated that the Comprehensive .Plan suggested that someone handle Section 36 lands as a City lands manager. There has been no discussion at this time to hire one. He was surprised that no alternative has been discussed such as a real estate consultant. This could be done by a person or a firm but should be handled by someone. 9. ADJOURNMENT MOTION: Jeremy Andrews moved, seconded by Wayne Regelin, to adjourn the meeting. As there was no further business, the meeting was adjourned at 9:15 p.m. Respectfully submitted, ~~" J nice E. Tayl r Secretary to the Commission ~, - ~, ~. ~ C C C C C~ ~~ E C C C ~ C~ C C~ C~ C C~ C C ~~; -> C/ ,; ~, J ~ r,-i ~~~_.i7 :"J~ - ~ ~ ~,,/ / ~,i-. ~ ~ ~ ~ - - - _ ~, --~ / t ~ ,, ,- r .J ~' ~~ ~ ~--~, ~; ~ ,~ ~ i <--- ----_--t. r ~~ ~~, l Gtr %~~ ,`~c7 ~ %5i~ j ~~` ~j ,.~/ , ~i1 /~ ~ ~= -~,~~ 1 ~ ~"~, - / ~ %'! ^~"'_ 1 ~ ~ /~ `~ .~ ~ ~~ ,r,~,~` ~~~C' ~_ ,~c'vE ,, ~ ~-~ ) r ~ / - ~;,~ ,;. l r~ ; ~ ,,ma~yy ,~ ~ Y ~~ r 1 r ' R f , `.f /~ ~ ~ t ~-4-,---' ~,..~ ~~yrr'?r.f ~~' `, ~°",,:~ J _ ~iJ ~`~•"f r r...•~~~ -k~, ~}~.~ ~ ~- ~ ~ .r . ~~ ~ ~ r`~/~L~ !~t ??:tr ~F r~'. E ~r-}'.~ -.~f 9 .(ii /7 C._~ c^'1 f P.O. Box 4663, Kenai, Alaska 99611 March 24th, .1980 ~a Philip Bryson, Chairman Kenai City Planning and Zoning Commission Sir; 3~~~~~ We will be unable to attend the meeting of the Planning and Zoning Commission on March 26th, at"which public testimony will be received on the renaming of certain streets in the City of Kenai. Therefore, we ask that this letter be received in lieu of oral testimony, and included in the public hearing record on this matter, as if it was given orally at the public hearing. We own Lots 1 and 2, VIP Country Estates Part 2. We live in a house on Lot 1. So far as we have been able to determine, from the Borough Assessor's Office, we are the only private individuals who own any lots which front-onto the street presently known as "U" Street. ~ We lived, fora number of years, on "F" Street, in the city of Anchorage. We always felt that this was a rather dull name for a street; we understand that the part of Anchorage including the lettered and numbered streets was laid out by the Army Corps of Engineers, and so the names given these streets is perhaps understandable. There was, at least, an "E" Street on one side of "F", and a "G" Street on the other. There is not, however, a "T" Street on one side of the "U" Street on which we now live, nor is there a "V" Street on the other. In fact, we have been unable to learn why this street was given it's name by the developers of VIP Country Estates subdivision. We would like to request that the present "U" Street be renamed as "John Muir Street", or simply as "Muir Street". John Muir was one of America's great naturalists. He visited Alaska five times; in 1879, 1880, 1881, 1890, and 1899. His experiences in what became, later, the state of Alaska were described in a book written by him, "Travels in Alaska", which is still in print (Houghton, Mifflin and Company; Boston, Mass.). P'[uir Glacier, Muir Inlet, and Mount Muir, all in Alaska, were named far him. He is a-man we particularly admire, and we respectfully request that the street presently platted as "U" Street be renamed to honor John Muir. Sincerely, Gerald R. Brookman Janet E. Brookman {Mrs. Gerald R.)