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HomeMy WebLinkAbout1982-05-12 P&Z Minutes.CL Z~,+~i„J Qc ct~GL-L~l-4X,d KENAI PLANNING AND ZONING COMMISSION Regular Meeting, May 12, 1982 Kenai City Hall Philip Bryson,. Chairman AGENDA 1. ROLL CALL 2. PUBLIC HEARINGS a. .Return of Zoning Powers to the City b. Petition to rezone Government Lot 141, Section 34, T6N, R11W, S.M., City of Kenai, Alaska, Crow Subdivision, from Rural Residential (RR) to Suburban Residential (RS). 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES OF April 28, 1982 5. OLD BUSINESS a. Final Approval of Gusty Subdivision Addition (return) ~n~rad ua~ 1~A~1G to. i ~ o Po C6) /5eN ,t7elc~ia~ 6. NEW BUSINESS a. Preliminary Plat: McMaster. Subdivision / b• RE.jGcES'f SOY ®/'t~~D'C~SCI.~ IIQi'/Q/~CE ~`j~3~r0~ .S~d~d/SIO~tJ." O~iVS~d/tJ 7. OTHER B SINESS a. City Council Report b. Borough Planning Report c. City Administration Report 8. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 9. COMMISSION QUESTIONS AND COMMENTS 10. ADJOURNMENT KENAI PLANNING AND ZONING COMMISSION Regular Meeting, May 12, 1982 Kenai City Hall 1. ROLL CALL Present: Jack Castimore, Phil Bryson, Mary Quesnel, Lee Lewis, Dr. Paul Turner, Hal Smalley Absent: Jim Blanning 2. PUBLIC HEARINGS a. Return of Zoning Powers to the City Vice Chairman Castimore opened the topic to the public. Ruby Coyle asked to speak requesting answers to questions: have any other citys requested zoning powers be returned to them, why has the City of Kenai asked for the possible return of the zoning powers, and why should the City of Kenai be first, and expressed the feeling that planning cannot be separated from zoning. Mrs. Coyle also questioned assuming the zoning powers from the Borough when the Borough has retained the right to take back the zoning powers at their pleasure. At one time the City had discussed taking back the zoning powers and decided at that time not to do so taking into consideration the cost. John Williams voiced his concern over taking over zoning powers in its entirety as it would eliminate the appeal process, and the next greatest concern is that of the inconsistency of the commissions based on the longevity of its members. People do not serve on these commissions for any length of time making for changing ideas and conerns. The Borough appears to be more consistent over a period of time perhaps due to less of a changing staff. An example of planning. and zoning is the airport lands where the original intent was to have only airport related business, and now there are 'flying sewing machines and flying rentals and flying wire line and. not to mention flying clams'. Of course these businesses were waivered because the City needed the businesses in the area, leaving inconsistencies. Then getting into the enforcement of the zoning code, Thompson Park has been held as residential, however, the 'biggest junkyard in Kenai'is across from Morgan Steele, as well as other businesses. Another example is the exclusion of multiple housing, the code reading no multiple housing in the City and that. encompasses the entire City. Not everyone can afford houses at the climbing costs and should that philosophy be continued it would hurt the community considerably. KENAI PLANNING AND. ZONING COMMISSION Regular Meeting, May 12, 1982 Page 2 Paul Turner asked Mr. Williams if he was aware of the fact that there is an appeal process with the City Council, Mr. Williams answered that the process has worked, but that body faces the same inconsistency of changing members, and to take into. consideration is the fact that the commissions serve at the pleasure of the Council and-the Mayor, The City has worked diligently to keep up with planning process. Mayor O'Reilly was asked by Jack Castimore to say a few words and Mayor O'Reilly addressed the Commission as .Vince O'Reilly rather than as the Mayor. Mr. O'Reilly stated that he would not take a public position on the issue, but would rather hear out what the public and Commission have to say. If you believe planning and zoning leads to good social living then we should work on developing the simplest processes that get the planning and zoning that the people desire. If you are opposed to planning and zoning then any way that. you could fight it such as dividing planning and zoning like the division of bread and butter which do exist separately but are hetter together would be one way to ensure planning and zoning do not get accomplished. Dr. Turner asked a question for the purpose of discussion, that being the separation already exists between planning and"zoning because this body does not appear to have played a part in planning thus far, then follows, why not let the Borough handle the duties and eliminate this body cutting down on the process. Planning and zoning to some extent are separated already and we are an intermediary body to consider zoning issues and only transitionally planning. Another issue as related to the cost., who bears the cost of advertising these changes. Dr. Turner also agreed with Mr. Williams in that commissions are a changing body and are inconsistent and this is a real tragedy as there is such a need for people with knowledge of the community and issues involved with trying to read a plat and keeping up with changes in ordinances related to zoning and also addressed his concern with the Borough being able to take back the power and undoing the process. To address the idea of why be first, "I have a young man's idealistic view. Status quo is often safe and often good, and speaks alot more why society progresses as it does, but sometimes change is beneficial." Hal Smalley agreed with the inconsistency factor, and feels very positive that there is alot of input from the public. Ben Delahay clarified the memo he had presented to the Commission which stated that the statute that allows this power transfer states that other planning and zoning powers can be delegated and in the next phrase says that they can take those powers back. "It would be sensless to think. that they could not pass on zoning without planning, they would have to pass. them both and then take back the planning. The KENAI PLANNING AND ZONING COMMISSION ~ Regular Meeting, May 12, 1982 Page 3 intent I feel that they could do either." .Being practical, the two are better together. Planning is just that while zoning is a police power to theoretically implement the planning. It has been suggested that the cities accept the zoning powers with the provision that the cities agree. "If what you want to accomplish is to get your community and keep things together in an orderly way the powers really should be together." Mr. Delahay suggests what the Mayor has in the back of his mind is to ask the Borough to turn over both powers if the City wants them.. If this is what you want, be willing to take the costs. Dr. Turner asked who was doing the planning right now, Mr. Delahay answered that what planning is being done is done at the Borough. This body may start it by making recommendations but the Borough, made up of representatives from Homer, Seward, Soldotna, Nikiski and all over actually say if they will accept. it. Andrew Sarisky stated that he was not particularly for or against this issue, but under the present set-up the Borough Assembly follows the lead of this commission in zoning. Referred to the issue of the annual request to re-zone a section of Strawberry Road which was denied and also the differential taxes. The taxes paid do not provide the services of the City. Mr. Sarisky used as an example the Zubec property which was re-zoned to commercial which allows an eyesore, the'Quandt dump'and the'Oberts Grand Canyon'. If zoning powers aren't going to be enforced, then get rid of the ordinances. The Commission agreed that they were still open minded and were glad to hear from the public and hoped for more comments at the next two hearings on this issue. b. Petition to rezone Government Lot 141, Section 34, T6N, R11W, S.M., City of Kenai, Alaska, Crow Subdivision, .from Rural Residential (RR) to Suburban Residential- (RS) Vice Chairman Castimore asked for members of the public that are interested to speak on this issue. John Williams stated that this is an example of inconsistency addressing items such as; 9 lots instead of 7 at 22 acres which barely meet the minimum standards for lot size at 7200 sq. feet, and 2nd Avenue is dedicated as 66' wide street, this subdivision has encroached by 8' into the right-of-way making three lots below the standard size, and finally double frontage lots where 8 of the 9 lots are double frontage. At one time double frontage .lots were absolutely forbidden but now it has been approved. KENAI PLANNING AND ZONING COMMISSION } Regular Meeting, May 12, 1982 Page 4 Mr. Steve Crites agreed exactly with Mr. Williams, stating the Commission was changing actions midstream, not disagreeing with the idea of changing the lots to Suburban Residential. Mr. C~~t~s has 4 lots further down Steelhead Street. The proposed lots will leave him out on a limb. The subdivider. will be bringing water and sewer into the center of his lots but Mr. Crites-will have to bring it all the way in to his lots, the difference between 150' for Mr. Crow and 500' for Mr. Crites. Mr. Crites has. lots 5,6,7.,8 of Sampson Subdivision. One neighbor has discussed paying a partial share of the installation of water with Mr. Crites, this person having lot 3 of the Hood subdivision. Mr. Crites stated that he had-not received a notice of the plans. Jack LaShot, City Engineer pointed out that changes had been made on the subdivision, that being a correction of the right-of-way and that the lots had been reduced to 8 lots, however, the final plat with the revisions was not available. Mr. Castimore read the minutes of the last minutes and the resolution to Mr. Williams to answer his questions regarding the plat. Dr. Turner stated to Mr. Williams that the code reads 7200' and on that basis, even though those lots were small, they still met the standard 7200' and the Commission could not deny the approval of the plat. Dr. Turner asked that the Commission see the final plat with the corrections listed. The Commission and Administration attempted to help Mr. Crites with his concerns of the water and sewer, however, since there are no final decisions regarding water and sewer assessments, there can be no real solution at this time. MOTION: Paul Turner moved for approval to rezone Government Lot 141, Section 34, Crow Subdivision from Rural Residential (RR) to Suburban Residential (RS), seconded by Lee Lewis. The motion passed by unanimous roll call vote. 3. AGENDA APPROVAL Phil Bryson asked that under item 5-a, add Mr. Ben Delahay and item 6-b, Mr. Johnston with request to consider proposed variance for Ahlstrom Subdivision. MOTION: Dr. Turner moved, seconded by Hal Smalley to accept the agenda with the indicated additions. There were no objections. KENAI PLANNING AND ZONING COMMISSION Page 5 j Regular Meeting, May 12, 1982 4. APPROVAL OF MINUTES of April 28,.1982 MOTION: Hal Smalley moved that the minutes stand approved, Dr. Turner seconded. There were no objections. 5. OLD. BUSINESS a. Final Approval of Gusty Subdivision Addition Ben Delahay introduced his memo which had been placed before the Commission prior to the meeting which dealt with KMC 14..10.080 (b) an ordinance which stipulates the posting of a surety bond, cashier's check or such to secure the construction of those improvements. Mr. Delahay feels that the intent of the code is to prevent a subdivider from obtaining final approval of a plat, sell off the lots without making the necessary street improvements, and move out. In the case where the City is putting in a subdivision, it is already responsible for construction of streets and other improvements and no conflict should arise. In the case of Gusty Subdivision Addition the lease application of Ron Yamamoto will be held up a total of 4 years if the plat is not approved and must wait until roads are completed before approval can be given. The question of access was brought up at a previous planning and zoning meeting, it then went to the Council and was discussed. Mr. Delahay recommended that the Planning and Zoning Commission study the matter and request the Council amend the ordinance as outlined except for the changes he has suggested. The Commission discussed possible measures of reducing costs by not finalizing the second part of the plat or by not building Cohoe Road through to the second section. If the intent is to provide these roads then there would be no objections to finalizing the plat. MOTION: Dr. Turner moved, seconded by Jack Castimore to approve the Gusty Subdivision Addition plat as submitted with Cohoe Avenue platted, i.e. the entire plat. Motion passed unanimously by roll call vote. MOTION: Dr. Turner moved, that given the issues associated with clarifying the ordinance, 14.10.080 (b) with the addition of the word."security" changed in the code and move for the adoption of the resolution before us with changes to reflect that this be our resolution to go to the City Council for consideration, seconded by Jack Castimore. KENAI PLANNING AND ZONING COMMISSION Regular Meeting, May 12, 1982 i Page 6 In clarification Paul Turner is saying that this is a resolution to the City Council of Kenai. Alaska amending KMC 14.10.080 (b) and. would be consistent down to "now therefore be is .resolved by the Advisory Planning, and Zoning Commission" and would run consistent until section 2 but not through it. The ordinance would be changed just enough to indicate that this would be changed to reflect coming. from the Planning and Zoning Commission. A public hearing is in order for input on this resolution at both the Council and ,Commission level. MOTION .AMENDMENT: Paul Turner moved, seconded by Lee Lewis to have a public hearing on Resolution PZ 82-9 on June 9, 1982. Motion passed unanimously. 6. NEW BUSINESS a. Preliminary Plat: McMaster Subdivision Jack LaShot pointed out several areas of concern with the plat in that they do not come up to either Borough or City specifications. The subdivider requesting the approval of the plat was not at the meeting and it was suggested that the subdivider be contacted by the City Engineer in an attempt to clear up the items. MOTION: Hal Smalley moved, seconded by Dr. Turner to turn Resolution PZ 82-8 concerning McMaster Subdivision back to the subdivider for further information and clarifications/corrections of items 2,3,5,8, & 9 and be reviewed at the next regular meeting. There were no objections. The Commission discussed that property in regards to violations of the zoning ordinances and to show .existing violations such as the building currently on that property, possible encroachments, and it will uncomplicate matters if these items are shown as a pre-existing condition. Jack Castimore requested investigation as to whether or not a variance was obtained for this subdivision for the existing dance school and junkyard now on the property. KENAI PLANNING AND ZONING COMMISSION ,,~ Regular Meeting,-May 12, 1982 Page 7 b. Request for Proposed Variance for Ahlstrom Subdivision: .George Johnston Mr. Johnston has indicated an interest in purchasing property in Ahlstrom Subdivision, however, has found that due to setback requirements and difficulties with restrictions, the placing of buildings on the lots in question would require a variance and is requesting the Commission consider his proposal and grant him a conditional approval before actual purchase of the property.. The Commission was presented with plats, plots, and sketchings of the property, the subdivision, and right-of-way maps for consideration. It was. the consensus. of the Commission that a variance would be approved for. Mr. Johnston based on the information given at this meeting. 7. OTHER BUSINESS a. City Council Report None b. Borough Planning Report None c. City Administration Report The only issue from the Administration is the "Quandt Junkyard" which is in the process of being taken care of partially. by the State to bring Mr. Quandt into compliance with State and local ordinances. 8. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Mr. Leo Oberts Mr. Oberts was before the Commission to request consideration of a proposed subdivision he would like to put in along the bluff. The subdivision would include condominiums as well as a park like area, and would lie in the area of Strawberry Road and Silver Salmon. Mr. Oberts was asking the Commission to discuss what possible problems he may run into especially in regards to water and sewer. If Mr. Oberts was to put in the water line would the City object. Mr. Brighton informed Mr. Oberts-that the City would have no problems with the water, however,. was it with the intent of turning .the water over to the City at a later date, Mr. Oberts agreed that it was. b. Letter from Kenai Peninsula Borough regarding Cone Subdivision Permit Application The question arose concerning the cemetary in question. It was the understanding of the Eommission that the mortuary had been approved __ KENAI PLANNING AND ZONING COMMISSION Regular Meeting, May 12, 1982 Page 8 but not the cemetary. It was requested that Administration check into the matter and return a report to the Commission. 10. ADJOURNMENT There being no further business the .meeting was adjourned.. The next regular meeting will be May 26, T982 at 7:00 p.m. with a public hearing to be held concerning the return of the zoning powers from the Borough to the City. Respectfully submitted: J t Loper, ee r ry ~, `~~ ~% . „~ ~<? _, \ ~ ~.~~~; !'/G> H L~ ? f / 'r ~ w ~ r. ~. m t_. z 0 ~` ~ ~ - -!- ~ ~,`~,. ~'~~,~ ~. c ~ ~-~-;~ `'/ z z c N Q 7 4 C.7 z z z a ~~ ~~ O c3 ~v ~ ' ~ J f ~ ~~ ~ / / ~ "~ . ~", ~___ ~"` ~ 'r^ O 7. p ~ r-t "~ ~ N d ~ ~ ~ ~'' ~ "~ U x u ~ a a, b0 ~ •ri ~ ~ ~ ~ Q1 H ~ ~ ~ N ~ ~ ,~ _ n .~ O U •~ ~ `~ U y~ ~~ .N x :` ~ ~-~~ '~~~ ` ~ 1