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HomeMy WebLinkAbout1981-10-14 P&Z MinutesKenai Planning and Zoning Commission Regular Meeting, October 14, 1981 Kenai City Hall, 7 p.m. Philip Bryson, Presiding-Chairman -~ AGENDA 1. ROLL CALL 2. PUBLIC HEARINGS Petition to rezone a five acre NE 1/4 of Section 7, TSN, R11W, Kenai. This parcel lies at the Road and the Spur Highway. The Rural Residential and a General been requested. 3. AGENDA APPROVAL parcel lying within the S.M. within the City of intersection of Strawberry parcel is presently zoned Commercial District has 4. APPROVAL OF MINUTES OF September 23, 1981 5. OLD BUSINESS A. Lease Application: F.B.O. Subdivision Lots 1, 2, and 3 Donald and Karen Creamer 6. NEW BUSINESS A. Vacation: Portion of the 60' right of way dedicated as Lake Street on the plat of Townsite of Kenai East Addition, U.S. Survey 3025A and U.S. Survey 3025B and located within Section. ~, TSN, R11W, S.A.1. 7. OTHER BUSINESS A. City Council Report: Betty Glick B. Borough Planning Report: Betty Glick C. City Administration Report 8. COMMISSION QUESTIONS AND CON[MENTS 9. ADJOURNMENT _~ r ,~ ~ , ~,~' ,,^' ~' , ~; . , ~ =,~,~ :,~ , s Kenai Planning and Zoning Commission _~ Regular Meeting, October 14, 19$1 Kenai-City Hall, 7 p.m. Philip Bryson, Presiding Chairman 1. ROLL CALL Present: Phil Bryson, Mary Quesnel, Jack Castimore, Jim Blanning, Wayne Regelin, Paul Turner, and Ex-Officio Member Betty Glick Absent: Jerry Andrews Others: Carolyn Ostrander, Jack Cline, Ron Rice, John Wise 2. PUBLIC HEARINGS A. Petition to rezone a five acre parcel lying within the NE 1/4 of Section 7, T5N, R11W, S.M. within the City of Kenai. This parcel lies at the intersection of Strawberry Road and the Kenai Spur Highway. The parcel is presently zoned rural residential (RR) and a general commercial district (CG) has been requested. Mr. Bryson opened the meeting to the public for comments on this public hearing. Carolyn Ostrander read a letter from the residents submitted to the commission stating that these residents object to the rezoning requesting again that the rezoning be denied. The letter was signed by residents of the Illiamna Subdivision. The reasons stated were the traffic congestion pulling out on the Spur Highway, the area not being conducive to business, and that there already exists a zone for commercial business 1/4 mile further down the road which would leave the original area residential. Leo Oberts commented that though this area was zoned rural residential and there were subdivisions in the area, he would go along with rezoning due to the fact that in the future, Leo Oberts Insurance Inc., would like to put in a shopping center for these subdivisions as there would then be a need K~n~ Planning and Zoning Commission Page 2 Regular Meeting, October 14, 1981 for this type of enterprise once the subdivisions were a reality. Mr. Oberts further pointed out that when this area was zoned rural residential, it was done with the idea in mind that it would be an area of flux and subject to change with the times.. Mr. Oberts also stated that if the city does not put in water .for the subdivision, Leo Oberts Inc., will. Andrew R. Sariski, a resident of Strawberry Road presented the Comprehensive Plan and stated his desire to have the request for rezoning be denied, protecting the area from "speculators". Mr. Sariski feels that once an area is rezoned to commercial the rest of the area surrounding it will eventually become commercial as well. To rezone this area would be clearly spot zoning. Mr. and Mrs. J. B. Johnson, owners of property bordering that of the proposed site, stated that they want the area to remain rural residential due to the fact that they do not want the mess that a service station would generate and feel that once the. land is developed for a service station, the land would drain directly onto their land and went on to state that this would be a very poor area for a service station. Cliff Heus, a resident of Illiamna Subdivision pointed out that there had been attempts at rezoning this general location before and that the attempts had failed before due to the fact that it would be spot zoning and not in line with the Comprehensive Plan. Mr. Heus also stated that there was commercial zoning in another area very close to this area and feels that any business wanting to locate in this area could use that zone. The commission felt that spot zoning is not appropriate and the best policy appears to be to go along with the Comprehensive Plan. Also taken into consideration would be the overwhelming objections to the rezoning. Should there be major development in sight for this area, then a rezoning would be in order, however, there are existing areas already zoned commercial and they are available and near enough to the area in question. Kenai Planning and Zoning Commission Page 3 Regular Meeting, October 14, 1981 -~ MOTION: Wayne Regelin moved, seconded by Jack Castimore, to rezone the five acre parcel lying within the NE 1/4 of Section 7, T5N, R11W, S.M. within the City of Kenai. The motion failed unanimously. 3. AGENDA APPROVAL One item is to be added to the agenda and will be headed 'B' under New Business. Jim Blanning moved, seconded by Paul Turner to accept the agenda with. the change. Motion passed unanimously. 4.. APPROVAL OF MINUTES of September 23, 1981 Jim Blanning suggested the change of name from Jack Castimore to Jack LaShot as City Engineer. MOTION: Paul Turner moved, seconded by Wayne Regelin to accept the minutes with the change. Motion passed unanimously. 5. OLD BUSINESS A. Lease Application: F.B.O. Subdivision, Lots 1, 2, ____ and 3, Donald and Karen Creamer There was no additional information on this application. 6. NEW BUSINESS A. Vacation request, a portion of the 60' right-of-way dedicated as Lake Street on the plat of Townsite of Kenai East Addition, U.S. Survey 3025A and U.S. Survey 3025B and located within Section 5, T5N, Mr. Bryson called for discussion from anyone representing the owners of this parcel of land. There was no one present to address the request. Kenai Planning and Zoning Commission Regular Meeting, October 14, 1981 Page 4 Mr. Bryson reviewed the application request and the history of the application to this point. It will be acted on by this Commission and would have to go before the City Council for ratification as the next step. Betty Glick summarized what has taken place concerning the request at the Borough level. There had been a public discussion last .Monday evening, October 12, and at that time any decision was postponed until it could be heard at this Commission .once again. Mr. Ledoux, at that time felt that he was being discriminated against due to the fact that he had been turned down in his request, however, there had been a vacation request granted in the area of Glad Realty and the laborers union property. After the right-of-way had been granted to Glad Realty, 2/3 of their parking area had been wiped away by erosion. Mr. Bryson pointed out that there is a lot that has paper access. Presently the lot would be over the bluff presumably in the river, however, the owners have a legal right to access to that lot, and should this property be vacated, it would eliminate that access. These owners are still paying taxes on this lot. Mrs. Glick also stated that there was a letter to the Borough from a Mrs. Johnson who has some ownership rights to this property and stated she would object to vacation unless she were to be compensated for any loss of access or a loss of use of her property. Also, a letter to the Borough from a Mr. Cooper also objecting to the vacation of that section. MOTION: Paul Turner moved, seconded by Wayne Regelin to vacate that portion of the 60' right-of-way dedicated as Lake Street on the plat of Townsite of Kenai East Addition. Motion failed unanimously. Kenai Advisory Planning end Zoning Commission Page 5 Regular Meeting, October 14, 1981 - ~ B. To exempt 3W's Subdivision from. placing 6" of gravel on the roads in the subdivision and granting approval of completion. Ron Rice submitted the request and presented a summary on the current state of the roads and how they are to be maintained which would be by the contractor, Mr. Wortham, with each house dividing the cost of the maintenance equally. This refers to the part of the subdivision where the houses are already in. The basic reason for asking for this exemption is that, according to Mr. Rice, the utility companies refuse to .put the utilities in (electricity and gas) until a final approval has been granted, however, when the utility companies do the installing, the roads have to be dug up and resurfaced placing heavy costs upon the contractor. At the present time, the roads meet all city standards with the only exception being, the 6" of gravel. Mr. Rice stated that the City will not be responsible for the roads in either subdivision. Mr. Rice also brought up the situation of enforcement since each subdivision will be enforced differently if his request should be denied. Jim Blanning brought up the point of Mr. Wortham stating at the May 27th meeting that he would like to have the City maintain the roads for addition #l. Mr. Rice stated-that Mr. Wortham had made the statement in jest. Mr. Blanning also agreed that the first phase of the subdivision should not have been granted approval until the job was completed. If the first part of the road had been gravelled then it would give confidence that the second section would also be done, however, as it stands at this point, that cannot be done. Mr. Brighton brought out the point of what happens after the plat has been approved in an unfinished state, the contractor leaves the state and leaves the homeowner without maintenance of the roads. It would then fall to the City to bring the roads up to standard leaving other City roads that had. been planned for work, undone. I~Trs. Glick presented the V.I.P. Estates and the subdivision behind Larry's Club as examples of lack of enforcement and that at that time, it had been decided that the Kenai Advisory Planning and .Zoning Commission _ ~ Regular Meeting, October 14, 1981 Page 6 codes would be enforced before final approval would be granted. Paul Turner voiced his concern over who is going to pay the final costs of the roads once the subdivision is done. The homeowner would have to bear the costs. Mr. Bryson suggested a possible route of a Road Improvement Program when it should be put into effect and laying the groundwork for it at the inception of the plat which might be of help to the contractor. MOTION: Jack Castimore moved, seconded by Paul Turner, to approve the proposal by Ron Rice that the requirement to meet the final approval be waived on addition number one of 3W Subdivision. Motion failed unanimously. 7. OTHER BUSINESS A. City Administration Report: Bill Brighton Bill informed the Commission that the appeal on the Conditional Use Permit for the mortuary and cemetery on Beaver Loop had been withdrawn. Passed .out to the Commission for information purposes was a summary on land sales. Mr. Bryson brought out the point that a complaint had been received concerning a gravel pit by Leo Oberts Inc. The pit was said to be an eyesore and dangerous as well. Mr. Oberts presented a summary which began with a letter. written by Mr. Sariski to the owner at the time, Mrs. Peterkin, requesting permission to remove some gravel from the pit. Mr. Oberts states that this pit comes under the grandfather rights clause and is therefore exempt from needing a permit to operate it. The future intent of the pit is to fill it with overburden, cover over it with top soil and make a green strip out of it. Mr. Bryson asked City Manager Bill Brighton to look into the matter. Kenai Advisory Planning and Zoning Commission Regular Ndeeting, October 14, 1981 Page 7 Andrew Sariski stated that he had approached Janet Whelan, City Clerk for a permit to lay a foundation for his garage because he was being "honest" and following the rules. He felt that the pit contained more sand than gravel and was a place for the kids to ride their bikes Since he last saw the pit, it had grown considerably without restraint and at this rate of progression the pit would not now fall under the grandfather right and is a clear violation of the code. B. City Council Re ort: Betty Glick The ordinance that amended the code of leased. lands to lessees under a was approved. That had appeared as our land sales ordinance. This was and dealt primarily with the buyers obtaining financing for the land. to allow the sale contract of sale a deficiency in ordinance 7-11-81 difficulty in Another ordinance passed was one appropriating $5,000 to prepare preliminary schematics for the expansion of the library facility. Originally, the ordinance was for $76,000 but it became apparent that the city could get a CEIP grant, but .rather than hold up the whole process, the Council amended it to appropriate the $5,000. An ammendment is now in effect which clarifies the definition of a mobile food vending unit, 7-11-81. Council also appropriated enough money to hire a department assistant #1 which is Janet Loper, to help with the extra secretarial load. The Council introduced tow ordinances, one being 720-81 which amends the code to authorize the librarian to establish rules and regulations for conduct of the library. This pertains to books not being returned and other problems being faced by the library. This will give the librarian authority to deny or regulate the lending rights to the families and members if these rules are not complied with. Kenai Advisory Planning and Zoning Commission Page 8 REgular Meeting, October 14, 1981 There are several ordinances up for public hearing, one being an increase in the appropriation to increase Section 36, water and sewer drainage study, the figure being $100,000 to $150,000 with a possibility of a grant to help with the finding. Mrs. Glick suggested, as an item for the next agenda, a meeting to review the Capital Improvement Projects for 1982 and also to upgrade the priority list. C. Borough Planning Report: Betty Glick The Borough approved all of the rezoning which had been presented at the last public hearing and this is the rezoning of the Fidalgo Subdivision and the area bounded by Main Street, Barnacle, and Willow Street and also the FBO Subdivision from conservation to light industrial. 8. COMMENTS None ~ 9. ANYONE PRESENT WHO WOULD LIKE TO BE HEARD John Wise spoke on the Borough obtaining an extension on Section 36, the garbage dump for an additional three years. John felt that this was probably the last time that that can be done due to the fact that it was surrounded by 200 acres owned by the City and in the future this property would be developed with vehement objection from the developers to the extension of the dump. The ~ fission should take the interim time to discuss the future of this area before the permit expires. Second, the City now has a grant for the new Senior Citizens Center which means that the old Fort Kenay will not now be used for that purpose. Along with this is five acres of historical land and buildings that should be evaluated and future use or renovation considered. The approach could be to encourage the Senior Citizens to form a sub-committee to investigate what could be done with the five acre tract and the buildings, mainly because of their great interest in this. .. ~~ Kenai Advisory Planning and Zoning Commission Page 9 Regular Meeting, October 14, 1981 Bill Brighton informed Mr. Wise that the Council had appropriated $35,000 for renovation and improvement of the cement block building in question and there is a petition to expand the space in that building by the arts. The State of Alaska owns the health building in the area designated and the City has no use for it at this time. The State would like to abandon it to the City. Tf no other governmental agency finds a use for it, then it would then-be removed and possibly the Parks and Recreation Commission could place playground equipment in this area with a fence to protect the children at play. Mr. Wise strongly recommended that the Senior Citizens become involved with any of these projects. Bill Brighton stated that the Council originally asked the Seniors to look at that site for their new structure and they were adamantly opposed to having the new structure in that area. 10. ADJOURNMENT Jack Castimore moved, seconded by Paul Turner to adjourn the meeting. Motion passed unanimously. Respectfully Submitted: .- ~j~ ~~ , Janet A. Loper Secretary to the Commission H ' ~~ U z H z c N Q z a z H z z a a.