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HomeMy WebLinkAbout1982-05-26 P&Z Minutes KENAI PLANNING AND ZONING COMMISSION Regular Meeting, May 26, 1982 Kenai City Hall Jack Castimore, Chairman AGENDA G~ 1. ROLL CALL 2. PUBLIC HEARINGS a. Return of Zoning Powers to the City 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES of May 12, 1982 Special Meeting, May 19, 1982 5. OLD BUSINESS a. Return of Preliminary Plat of McMaster Subdivision b. Request for Change in Final Plat of Mohn Subdivision c. Revsed_1?ielim.~ary Pl~~ o~ Crow Subdivision d. Approval of Final Plat of Gusty Subdivision Addition e. Discussion of Resolution PZ 82-9 6. NEW BUSINESS a. Request for Temporary Use of Dairy Queen Lease Property 7. OTHER BUSINESS 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 l Regular Meeting, May 26, 1982 -- Kenai City Hall Jack Castimore, Chairman 1. ROLL CALL Present: Jack Castimore, Lee Lewis, Hal Smalley, Jim Blanning Absent: Mary Quesnel, Dr. Turner 2. PUBLIC HEARING a. Return of Zoning Only Powers to the City from the Borough Chairman Castimore asked for members of the public to speak on this issue. Mr. Waldo Coyle asked to speak addressing the time factor, "you think it's going to speed things up, you never speed things up by adding confusion, if you want to speed things up then cut out this body because it's advisory only°t. rlr. Coyle feels that people have moved out of Kenai and Soldotna because of the restrictions placed on them by cities. Mrs. Ruby Coyle asked what benefits would result from the City taking back the zoning powers, the time involved in handling processes now and if the City held the zoning powers, why take back the zoning only powers if the Borough can decide to take the zoning powers back at any time, and asked the Commission to consider having the Borough reimburse the City for any costs derived from taking the zoning responsibilities. Chairman Castimore introduced Mr. Sam Best from the Kenai Peninsula Borough who was present at the meeting to answer any questions from the public and the Commission. Mrs. Coyle asked Mr. Best what benefits would be derived from the Borough if the City of Kenai took the zoning powers. Mr. Best stated that the City would be controlling its own zoning and the Borough would not be involved in it. The control that the Borough would have over it would be involved with the continuation of the Comprehensive Plan in the planning phase. Mrs. Glick indicated that questions have been raised concerning the cost to the City and asked if the City took over the zoning then would they not be able to charge the same fees as the Borough to go through the rezoning process. Mr. Best indicated that this was correct, stating there was nothing in the ordinance to prevent cities from charging fees that go along with zoning requests. KENAI PLANNING AND ZONING COMMISSION "~ Regular Meeting, May 26, 1982 Page 2 Mrs. Glick asked about the questions raised regarding the time saved at the present-as compared. to the. present system. .Mrs. Glick ran through the processes at present, pointing out that if there were no problems it takes 3 to 4 months. Mr. Best concurred stating that the City would be cutting out one step in the process and the duties that would be assumed by the City in cutting out that process would be advertising for public hearings.. Mr. Blanning asked Mr. Best if there would be an effect on the staff at the Borough if the City took back the zoning powers. Mr. Best indicated that there would be no effect, even if other cities did the same. The staffing is minimal and is based on request to help cities. Mayor O'Reilly asked about the separation of planning from zoning. Mr. Best indicated that really what the Borough has offered to turn over is the zoning administrative function. The transferring of the zoning is .the transferring of .decision making where in planning. it has to do with the Comprehensive Plan, platting, alignment of the streets and all that goes into the planning function that requires a great deal of staff and administrative time. Vince O'Reilly asked that to get an overall picture, look 10 years down the road, and suppose that the planning authority is in one body and the zoning authority is in another body, and say that what could happen is that very well intentioned people can look at things very differently. There is the City Planning and Zoning and the City Council have enacted resolutions, motions, and ordinances, and the new comp plan developed by another body comes up with another variation and this has happened in the past, when the Planning and Zoning approved plan and the City Council approved plan, when it met with the Borough Assembly was changed, therefore one elected body is changing the action of another elected body. Isn't there a possib- ility when the city now needs a revised updated comprehensive plan with the responsibility of that planning being done by the Borough Assembly, Administration, and Planning department and the zoning responsibility in the hands of the City Planning and Zoning Commission and the City Council. Some tilts could really take place there. Mr. Best stated that tilts take place under the present system also. Mr. O'Reilly stated that except that Mr. Best had made the statement that to his understanding the Borough would still hold the responsibility that the zoning that the City does is in line with the Comprehensive Plan. Mr. Best stated that that comes straight. out of the statute. If you want to rezone a peice of property and everyone in the neighbor- hood wants it rezoned, it gets rezoned, if everybody doesn't want it it won't and it has nothing to do with the comprehensive plan. KENAI PLANNING AND ZONING COMMISSION Regular Meeting, May 26, 1982 Page 3 Vince O'Reilly asked what process would the City of Kenai be adopting right now ultimately, the ultimate responsibility for both planning and zoning is in one elected body, the other elected body meaning the City Council and the appointed commission may not like the results but not you want to take that ultimate responsibility that is in one spot and put it into two spots and while thinking about what process is going to be used 5 to 10 years from now, are we going to adopt now something we may automatically set that process into conflict. Mr. Best agreed with what Mr. O'Reilly was saying and stated that he also had some serious reservations along those lines about how that part of it would work. Mr. O'Reilly asked, why divide planning and zoning if the thrust is to have the Borough pass out zoning, why not both planning and zoning. Mr. Best stated that he could not answer that question. Mr. O'Reilly asked Mr. Best that in his professional judgement if this was the preferred way to go, or if he would prefer a different way to go. Mr. Best stated that. he would prefer it all to be in one hand. Also that"the. Borough act, in the way they set the planning and zoning powers never intended it to be split up, but by the same token I see that it was intended to be an area-wide function and should be". Mrs. Glick asked if Mr. Best had stated that."if the cities took on the zoning responsibilities then the City Advisory Planning Commission would hold a public hearing and then they would make the recommendation to the City Council who would then hold a public hearing, then it would not go to a public hearing at the Borough Assembly. If the Council concurred with the action of the Planning Commission then. that would be the final action for the City then they would just call the Borough and inform them". Mr. Best agreed, and stated that he had some problems with the ability of the Council to pass ordinances for the assembly. Mr. Castimore asked if any other cities had adopted this ordinance, Mr. Best stated that Homer had. Mr. Castimore then asked about the lost zone affect which permits the Borough to take back this power. Mr. Best stated that it was still in effect. 3. AGENDA APPROVAL Jack Castimore requested an item be added under 6-b, Discussion of Section 36 sale. MOTION: Jim Blanning moved, seconded by Hal Smalley to approve the agenda with the indicated addition. There were no objections KENAI PLANNING AND ZONING COMMISSION Page 4 Regular Meeting, May 26, 1982 4. APPROVAL OF MINUTES MOTION: Hal Smalley moved, seconded by Lee Lewis to approve the minutes of May, 12, 1982 as submitted. There were no objections MOTION: Jim Blanning moved to approve the minutes of May 19, 1982 as'submitted. Seconded by Lee Lewis. There were no objections 5. OLD BUSINESS a. Return of Preliminary Plat, McMaster Subdivision Mr. Pat Malone of Malone Surveying represented the subdivision owner. Mr. Castimore pointed out to Mr. Malone that there were several things on the plat that needed attention: a shop building is sitting on a property line. Mr. Malone stated that the building is on skids and can and will be moved; 2) Jack Castimore asked if since this lot is next to a sewer and water line, do they by statute need to be hooked up to the water lines. Jack LaShot stated that lot 2 was no problem, but lot 1 will have to be inspected by DEC. Lot 1 does have an existing septic system and that the intention in to sell lot 1 with the existing structure on it and to build a new dance studio on lot 2. Lot 2 is the site of the car bodies and junk and the intention is to clear it off before building. Mr. Haller is the owner of the adjacent property and the junk spilling over onto lot 2. The responsibility for the junk will fall between the two owners. 3) a second shop building is on a property line. This building lies on a concrete slab and may propose more of a problem. 4) Mr. Malone indicated that he does not have a map indicating the new street names, but assured the Commission that the final plat will be changed to indicate the correct addresses and street names. Jack Castimore asked about the dance studio and if a variance was needed for it. According to the code, a General Commercial area must have a variance for a dance studio or school. Jack Castimore asked that it be made a part of the record that before opening the dance studio a variance be obtained, as this is normal proceedure under the code. MOTION: Hal Smalley moved to approve Resolution PZ82-8 with corrections of negative findings as indicated, seconded by Lee Lewis. Motion passed with unanimous roll call vote KENAI PLANNING AND ZONING COMMISSION Regular Meeting, May 26, 1982 Page 5 MOTION AMENDMENT: Hal Smalley moved that City Administration look into the McMaster Subdivision Resolution PZ82-8 to ,find if the buildings owned by Haller Construction are in fact encroaching property lines for that subdivision, seconded by Jim Blanning. Motion passed unanimously. b. Request for Change in Final Plat of Mohn Subdivision Mr. Ron Rice of Dowling-Rice Associates explained that when the plat was brought before the Commission and the Borough, it was an over- site of his firm that the right-of-way was dedicated at 50' instead of 33'. Letters were given to the Commission from the Borough confirming that a 33' right-of-way is appropriate for that area. MOTION: Jim Blanning moved to approve the request of the right-of-way on the Mohn Subdivision plat be restated to 33' instead of 50' as originally indicated, seconded by Lee Lewis. Motion passed by unanimous roll call vote c. Revised Preliminary Plat of Crow Subdivision At the last meeting of the Planning. and Zoning Commission it was requested that the revised plat be returned to the Commission, however, no action is necessary as the required changes have been made. Plat is for review by the Commission-only. d. Approval of Final. Plat of Gusty Subdivision Addition At the last meeting of the Planning and Zoning Commission, a resolution had been drawn up at the recommendation of the City Attorney regarding the rights-of-way in a City owned subdivision which would grant final approval. of a subdivision before the roads are actually in an example being Gusty Subdivision. MOTION: Jim Blanning moved, seconded by Hal Smalley to approve Resolution 82-10 for Gusty Subdivision Addition. Motion passed unanimously KENAI PLANNING AND ZONING COMMISSION Page 6 Regular Meeting, May 26, 1982 e. Discussion of Resolution PZ 82-9 This resolution was first introduced at the last meeting. City Attorney Delahay requested some changes in the wording of the resolution and it is before the Commission for those changes. MOTION: Hal .Smalley. moved to reconsider Resolution PZ82-9, seconded by Jim Blanning. Motion passed unanimously. MOTION: Jim Blanning moved to adopt the amended changes in Resolution PZ82-9 as recommended by the City Attorney, ~~l amend last whereas to substitute "has held a public hearing" in place of "a report to the Council", ~~2, amend section 1 to substitute "should be" for "is hereby", the rest of the resolution to remain .the same and set a public hearing from June 9, 1982,. seconded by Hal Smalley. Motion passed by unanimous roll call vote 6. NEW BUSINESS a. Request for Temporary Use of Dairy Queen Lease Property Mr. Tom Ackerly is requesting a temporary use of the Dairy Queen lease property. The request is to clear. an area and install a temporary building for use as a fruit stand to be removed at the end of the summer. The land that is to be cleared is land that will eventually be cleared for the construction of a permanent building and extension of the present parking facilities for the Dairy Queen. The Commission asked if a food vendors license had been obtained, Mr. Ackerly pointed out that the temporary building was not his, but that the persons involved had already. applied. The Commission asked Mr. Ackerly what his plans were involving the clearing of trees, Mr. Ackerly assured the Commission that the same guidelines would be used for this site as for the Dairy Queen site which has been used as an example. MOTION: Hal Smalley moved to approve Mr. Ackerly's request to construct a temporary building on adjacent lease property, construction of building to be completed June, 1982, and the removal of the temporary structure by September 30, 1982 and that Mr. Ackerly and Mr. Brighton meet to discuss the selected tree removal and .that the necessary and proper permits be secured. (Mr. Ackerly to assume that responsibility), seconded by Lee Lewis. Motion passed with unanimous roll call vote. KENAI PLANNING AND ZONING COMMISSION Regular Meeting, May 26, 1982 b. Discussion: Section 36 Page 7 Mayor O'Reilly had requested this item for the agenda. A letter had been received by the Council from Mr. Dick Mueller of Property World regarding a possible purchase of some parcels of land within Section 36. Under discussion by the Council, it was decided that a joint work session would take place between Planning and Zoning and the Council, however, Councilwoman Glick and Mayor O'Reilly felt that the item should be considered first by the Planning and Zoning Commission as the overall development would come under the Commission's respons- ibility. Materials were provided to the Commission to assist in the consideration. Mayor O'Reilly stated that "the first alternative would be to take the entire matter under your wings .and start forward"', ensuring that funds and any material needed by the Commission would be made available. The second alternative would be to work jointly with the Council in work sessions, however, the problem arises that people have a tendency to become committed. The Commission decided to take on the responsibility and Mrs. Glick stated that she would provide the Council with this information. Mr. O'Reilly went on to state that to take under consideration the fact that there is currently a drainage study underway due to the problems presented by that large land mass. The Commission should move forward with speed, but to move carefully. Also to keep in mind is the dump site which has been extended another 3 to 5 years. 7. OTHER BUSINESS a. City Council Re ort: Betty Glick Letter from Property World regarding Section 36 lands, and request from Dairy Queen, both items were referred to the Planning and Zoning Commission. Introduced Resolution 777-82 which adopts the annual budget for 1982-83 and sets a proposed mill levy for 2.1 mills. Rate of 6% was set for leased lands. b. Borough Planning Report: Betty Glick For the record, the Borough has received a letter from the City of Homer requesting that they start procedure for transferring total planning and zoning powers to the City of Homer. McMaster Subdivision plat was tabled pending out come of Kenai's Planning and Zoning Commission action. KENAI PLANNING AND ZONING .COMMISSION page 8 Regular Meeting, May 26, 1982 '~ Spur Subdivision No. 3 plat was approved. c. City Administration Report: Bill Brighton Mr. Brighton had nothing to report for the Commission, however, Mr. Brighton was asked the status of the Quandt lease. Mr. Brighton informed that the matter had been turned over to the State and it was being worked out. Mr. Brighton will keep the Commission informed on progress. 8. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 9. COMMISSION QUESTIONS AND COMMENTS None. Mrs. Glick suggested that the Commission start considering the Capital Improvements money needed for 1983-84. Jack Castimore directed this item to be placed on an August agenda. 10. ADJOURNMENT There being no further business, the meeting was adjourned. The next ~ meeting will be June 9, 1982 at 7:00 p.m. at the Kenai City Hall Council Chambers. 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