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HomeMy WebLinkAbout1980-10-22 P&Z MinutesKenai Planning and Zoning Commission Regular Meeting, October 22, 1980 Kenai Public Safety Building, 7 p.m. Philip Bryson, Presiding Chairman _~ AGENDA i. ROLL CALL 2. PUBLIC HEARINGS 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES OF October 8, 1980 5. OLD BUSINESS A. Discussion: Final Plat Approval B. Ordinance No. 612-80, Sale of Airport Lands 6. NEW BUSINESS 7. OTHER BUSINESS A. City Council Report: Betty Glick B. Borough Planning and Zoning Report: Betty Glick C. City Administration Report D. Borough Report: Jane Gabler 8. COMMISSION QUESTIONS AND COMMENTS 9. ADJOURNMENT Kenai Planning and Zoning Commission Regular Meeting, October 22, 1980 Kenai Public Safety Building, 7 p.m. _~ Philip Bryson, Presiding Chairman 1. ROLL CALL Present: Phil Bryson, David Curtis, Jerry Andrews, Jim Blanning, and George Fox Absent: Wayne Regelin and Ex-Officio Member Betty Glick Others: Bill Brighton, City Manager; Jim Swalley, Airport Operations Manager 2. PUBLIC HEARINGS 3. AGENDA APPROVAL MOTION: Jim Blanning moved, seconded by George Fox, to approve the agenda as submitted. There were no objections. 4. APPROVAL OF MINUTES OF October 8, 1980 MOTION: ~ Jerry Andrews ,moved, seconded by Jim Blanning, to approve the minutes of October 8, 1980 as submitted. There were no objections. 5. OLD BUSINESS A. Discussion: Final Plat Approval George Fox stated that he reviewed the marked up ordinance which Tom Sleight, City Engineer, supplied to the Commission and felt that the present Ordinance, as written would hinder development. He further stated that he had ide~.s about changing this Ordinance and would like to present them to the Commission for its review and discussion. It will take some work and the City Attorney'to put it into the correct legal form. Any requirements of this Ordinance can be waived by the' City Council after being approved by the Planning Commission provided that the owner of the subdivision stipulate in the covenants of the subdivision the existing deficiencies and clearly stating the nature of the deficiencies. The owner of the subdivision is required to obtain a. '~ signed statement from the purchaser of any lot stating that they have read and understand the covenants including the nature of the platting deficiencies. A copy of this signed statement:, is to be filed with is to become part of the deed of record. Kenai Planning and Zpning Commission Regular meeting, October 22, 1980 Page 2 -~ Mr. Fox stated that he thought the Commission would like to discuss these ideas and come up with the final wording. Phil Bryson stated that this would require a land status report which would be a long, drawn out operation. George Fox said that it would provide a means_so that a purchaser of lots in a defective subdivision would be made aware of the deficiencies. The purchaser would have to state that he is aware of those deficiencies. Jerry Andrews felt that the intent of this is good, but this would mean that the City would be interfering with private contracts. Phil Bryson stated that the only way .that the City could have any part in this would be at the approval level. George stated that it would be a condition for approval of a none standard plat. Phil questioned how an owner could be required to make this public except on the plat. Jerry Andrews stated that it could be but there might not be any covenants. some of the people coming in and comp streets. He questioned whether there State Statues that would require that on the plat. apart of the covenants It might eliminate laining about substandard was anything in the deficiencies be noted Phil Bryson thought that there wasn't any. George Fox suggested that the City Attorney review these thoughts and come up with a workable ordinance. There are subsections that include the fact that purchasers are subject to assessments when the City does certain improvements. Other items could be listed on the covenants. Jerry Andrews stated that if something of record need be noted it could be included on the original document so that people would be made aware of any problems. George stated that prob ems should be a noted matter of record from. one purchaser to the next and would make the new purchasers aware of any deficiencies. Bi11 Brighton stated that it was Council's intent to have the Planning Commission give them suggestions as to how the Ordinance should be changed and then those suggestions would go to the City Attorney to be put into legal form. George Fox further suggested that this could be handled by exception for each subdivision. The Ordinance could state certain minimum standards. He felt that it was not fair ~ for a naive buyer to purchase deficient property. He did not feel that it is practical to enforce the present ordinance as written. It is a very desirable standard but not a practical one. Kenai Planning and Zoning Commission Regular Meeting, October 22, 1980 Page 3 Bill Brighton questioned the Commissioners as to what they would suggest for ideas that would make the Ordinance enforcable and logical. George Fox stated that he would not delete anythin g but would waive standards by providing notice to the buyer that this subdivision is not up to the standards of the City. Jerry Andrews supported George Fox by stating that it does not make sense to require water and sewer where there are no mains or sidewalks where they are not needed. George Fox stated that the Ordinance could be rewritten and subdividing conditions be eliminated. It should further state that the City will not accept or provide service until the standards of the City are met. Phil Bryson commented that the City already has a requirement to hook up to City water and sewer if so many feet away from the main, but it has not been enforced. He felt that the persons putting in the larger subdivisions should come under other stipulations. The major portion; of the subdivisions built in recent years have been small ones. George outlined two ways which this Ordinance could be handled. 1. Grant exceptions to the original ordinance. 2. Rewrite the original ordinance and lower the minimal acceptable requirements and just not accept or provide services until brought up to the standards. Jerry Andrews stated that he did not think that the City should grant exceptions but rather it should not maintain them. The latter would be less subject to political whims. An ordinance would have to be written stating the minimum standards. When the subdivider is building the roads, the City should come out and inspect them. Phil Bryson suggested that people could be notified at the Borough level and required that the Ordinance must be a condition of the final plat. Bill Brighton commented that presently the City is seeking funding to upgrade some of the streets which are being maintained by the City and are substandard. Phil Bryson felt that the individuals on these streets should pay at least one half o.f the cost. Jerry Andrews hoped that from now on the City would not accept any roads before they are up to standards. Kenai Planning and Zoning Commission Regular Meeting, October 22, 1980 Page 4 Bill Brighton stated that from now on the policy would remain the same but the City is trying to f_ix the old streets that bhe City has been maintaining. ' Jerry Andrews stated that no official plat should be approved until: 1. All five points are up to standards. 2. Bond is provided 3. Disclosure statement and the provision for a LID should be for all items not just the one. 4. Should differenciate between the large and small subdivisions. B. Ordinance No. 612-80, Sale of Airport Lands Jerry Andrews stated that he hesitates to create a solution to a problem that he did not have all the facts about. He questioned clarification of the reasons and priorities for the sale of the land. Was it to increase the tax base, dispose of the. headaches in handling the land, etc. Bill Brighton stated that the number one priority was to dispose of the land and the Commission needs to review the Ordinance to clear up any hang ups within it that will hinder the disposal. Jerry Andrews had the following comments. 1. Real Estate Commissions should be stated as not to exceed l00 instead of a flat 80. 2. Buyer furnish title insurance should be seller provides title insurance. 3. Closing costs should be furnished at least in part by the seller. 4. Buyer and seller should share legal costs. Bill Brighton explained that the amendments which were in the packet were proposed by the Council after the Ordinance was put together by the City Attorney. George Fox commented on Section .22.05.040, Sale Procedure. He objected to the last part concerning earnest money. He felt that this should be estimated by the City and should have a top limit. The buyer should pay the charge but the City should pay the overrun. Jerry Andrews felt that the City could still recover the costs. The buyer would be liable for damages for costs over and above the estimate. If the buyer backed out, then he would be liable. Jerry Andrews had a problem with some of the terms used. Kenai Planning and Zoning Commission Regular Meeting, October 22, 1980 Page 5 1. Earnest money should be consideration or good faith deposit. 2. Earnest money agreement should be agreement to purchase. Phil Bryson thought that Amendment No. 7 was too objective. The Commission discussed title insurance and credit checks. They felt that the credit check was a subjective evaluation. Bill Brighton felt that prior liens or judgements against a person could be handled with a title report. Jerry Andrews felt that if there was no title insurance then the City could sell a piece of property then a credit check would be inappropriate to see if the person would pay. George Fox commented on Amendment No. 9. He thought that there should be a limit of the percentage of the land that would be advertised for exclusive listing. It was thought that if a brokex was not involved then the City might be more willing to negotiate a lower price. Bill Brighton thought that this gives alot of authority to one person. Mr. Fox stated that he did not disagree with exclusive listing but that it should be limited. Jerry Andrews commented that he thought not all the land would be put on the market at the same time. Amendment No. 8. The Commissioners felt that this was contrary to the Section 36 findings ,and will be subsidizing a special interest group. They tried not to do this with Section 36. Mr. Fox stated that he did not believe that the City should subsidize a business by giving land or special privileges. If they can't make it in a competetive market then they should not start a business in the first place. Bill Brighton commented that legislatures all over have provided ways to help and encourage development of industries in other areas. The competition for getting those businesses to locate in a particular area is great. The City needs something to negotiate for those businesses to give them the edge. George Fox questioned why if you are going to give land to a big company why not help the small guy. If you have to give business an edge then the business might not be what you are looking for any way. People should be treated equally. Bi11 Brighton commented that the City could operate that way if all cities did this. Kenai Planning and Zoning Commission Page 6 Regular meeting, October 22, 1980 Jim Blanning commented that if a City is trying to encourage the growth of business then the City needs an edge. Mr. Andrews said that he is opposed to subsidies any where and does not like the disparity between special interest groups. Mr. Brighton gave an example of how a city could have the edge on encouraging a business to locate in an area. Mr. Andrews felt that there probably were other areas that the City could make attractive to businesses such as reducing sales taxes and property taxes. A1r. Brighton stated that it is extremely difficult to do anything about cutting taxes. Dave Curtis stated that he did not agree with the wording in the Ordinance concerning business enterprise. It should be industry not business. He thought that it would help the tax base to bring in industries. Amendment. No. 9 The Commission questioned Numbers 2 and 3. The Commissioners thought that No. 3 might violate Alaska statues and is written in an ambiguous manner. Phil Bryson questioned how the Ordinance addresses spliting ~ a fee. lair. Andrews felt that the City should not go into this. The exclusive agent of the City is their representative. He will determine how it should be set. Mr. Andrews further stated that granting subsidies is something that owe has to be very careful with and made in good conscience.' Mr. Brighton stated that the Council is trying to formulate what the Land Committee recommended. It is a very important Ordinance that the City will have for a very long time. There will be a work session on this on October 29 and a Public Hearing on November 5. Copies were sent to the people on the Land Committee. 6. NE6V BUSINESS 7. OTHER BUSINESS A. City Council Report: Betty Glick B. Borough Planning and Zoning Report: Betty Glick C. City_Administration Report Mr. Brighton commented that the Planning Commission will be getting information regarding the wetlands study and that the State will be funding a portion of this study. He stated that he had attended a meeting in Anchorage where all the different agencies were present to discuss how the process for approval could°be shortened. Kenai Planning and Zoning Commission Page 7 Regular Meeting, October 28, 1980 D. Borough Report: Jane Gabler 8. COMMISSION QUESTIONS AND COMMENTS 9. ADJOURNMENT MOTION: Jerry Andrews moved, seconded by George Fox, to adjourn the meeting. There being no further business, the meeting adjourned at 8:40 p.m. Respectfully submitted, ~,~Q~ Janice E. Tay or Secretary to the Commission