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HomeMy WebLinkAbout1983-02-09 P&Z Minutes KENAI PLANNING & ZONING COMMISSION Kenai City Hall Regular Meeting, February 9, 1983 Lee Lewis, Chairman AGENDA 1. ROLL CALL 2. PUBLIC HEARINGS t W~ ~, U~ a. Conditional Use .Permit: KPB 21.76.140 for use as a Day Care Located on Lot 6, Lawton Subdivision, Section 4, TSN, R11W, S.M. submitted by Mr. & Mrs. Wayne Jackson b. Variance Request: KZC 21.76.080 C 2-4, Development Requirement allowing zero lot line for the construction of Townhouses by Horizon Construction in Redoubt Terrace Subdivision Addition No. 6 (PZ83-1) 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES of January 26, 1983 Minutes are partial without narrative at this time 5. OLD BUSINESS 6. NEW BUSINESS a. Preliminary Plat: PZ83-2, Redoubt Terrace Sub. Add. No. 6 b. Preliminary Plat: PZ83-7, Hollier Sub. 7. PLANNING 8. OTHER BUSINESS a. City Council Report b. Borough Planning Report c. City Administration Report 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 10. COMMISSION QUESTIONS & COMMENTS 11. ADJOURNMENT C~~~ ~ ~ l~-€~- KENAI PLANNING & ZONING COMMISSION Kenai City Hall Regular Meeting, February 9, 1983 Lee Lewis, Chairman 1. ROLL CALL Present: Lee Lewis, Phil Bryson, Chris Monfor, Ozzie Osborne, and Hal Smalley Absent: Mary Quesnel, Bob Roth 2. PUBLIC HEARINGS a. Conditional Use Permit: KPB 21.76.140 for use as a Day Care Located on Lot 6, Lawton. Subdivision, Section 4, TSN, R11W, SM submitted by Mr. & Mrs. Wayne Jackson dba The Love Company Mr. & Mrs. Jackson addressed the Commission explaining in further detail their plans for the residence. Bekkie Jackson explained that they have lived inihe area for two years and in that time found a need for high quality day care, themselves havingL small children. Bekkie Jackson went on to state that she is a nurse and has worked extensively with handicapped as well as other types of children and feels that there is no facility in Kenai right now that could address the special needs of all children which began the idea of their own .day care center. The reason for this particular location is due to its easy accessability for the children, the house is large enough that they could plan for the best educational and health needs, and not living at the residence, could utilize all space to better meet the children's needs. Mr. Wayne Jackson stated that the house itself will require extensive remodeling both for space availability and the structure itself being in disrepair. Mr. Jackson is a carpenter by trade and is able to do the work. himself not only to repair and remodel but to meet all codes and regulations of the fire marshall and the State licensing agencies. Chairman Lewis called for questions from the Commission. Phil Bryson asked if they would be processing food, the Jacksons answered that .they would be serving lunch and snacks. Commissioner Bryson asked if it were their intent to live at the location, Mr. Jackson answered no. Since they would not be living in the home it will be equipped by the Southcentral Security System. Chairman Lewis asked what their goal would be as to numbers of children, the Jacksons stated that the State would allow 50 children ultimately but that is not what is intended at this time. All square footage and KENAI PLANNING & ZONING COMMISSION Regular Meeting, February 9, 1983 Page 2 number of workers will always meet state requirements and the house when completed will be able to house the 50 children. Commissioner Monfor asked if there would be fencing, the Jacksons answered that it was a state requirement and that they would have fencing with a circular driveway so not .only the children will be protected but the parents who might otherwise have to back onto the street. Chairman Lewis asked if there had been any written or oral .comment to the Administration, there had been none. Chairman Lewis asked for staff comments, Secretary stated that the application met all requirements for a Conditional Use Permit. Commissioner Bryson asked if this type of business would be in harmony with the zoning, it was determined that since a day care would be allowed in a suburban res- idential zone as a home occupation it would be in harmony. The Commission next addressed the driveway and the parking and deter- mined that the driveway would not need upgrading and that the parking would be adequate in the rear for all anticipated employees and in the front for the arriving and departing parents, even if the numbers went as high as the allowable 50. MOTION: Commissioner Smalley moved to approve PZ83-3, Conditional Use Permit for a day care at the described location, seconded by Commissioner Bryson. Commissioner Smalley stated that this approval would of course be contingent on the proposed day care center meet all licensing and State requirements. MOTION AMENDMENT: Commissioner Bryson moved to amend the motion that it has been determined that the use is in harmony with the intent of the zone as described in the permit application, seconded by Commissioner Smalley Both motions passed with unanimous roll call vote b. Variance Request: KZC 21.76.080 C 2-4, Development Requirement allowing zero lot line for .the .construction of Townhouses by Horizong Construction in Redoubt Terrace Subdivision Addition No. 6 (PZ83-1) Chairman Lewis instructed the audience that he would-call the names in order of those who had signed the sheet for public comment. Anyone present not already signed up were allowed to come forward. KENAI PLANNING & ZONING COMMISSION ~) Regular Meeting, February 9, 1983 Page 3 Mr. Stan Westbrook was the first speaker who stated that he was a property owner in Redoubt Subdivision and was the speaker for the Redoubt Terrace Subdivision Homeowners Association. Mr. Westbrook stated that over the last few days. since the last meeting, the members have discussed and. investigated and researched because they are interested in the quality of their neighborhood and the overwhelm- ing sentiment in the Subdivision is one of opposition. Meetings have been held with over 30 persons who had not signed the petition that had been .submitted at the last meeting for the purpose of registering opposition specifically. Mr. Westbrook read the complaints 1) town- houses, condominiums are inconsistent with the neighborhood, this being a neighborhood made up primarily of single family dwellings and the feeling is that they should remain that way and 33' lot lines is not in the best interest of the neighborhood. 2) multiple family dwellings are going to generate more traffic that are already busy enough 3) townhouses, condominiums, etc are going to have the effect of lower property value of individual homes in the neighborhood. It is felt that granting this variance will establish a precendence in the area that will be difficult to counteract. Regarding this part- icular variance, they call to attention the zoning .code which pertains to the 3 conditions that must be met before the variance is granted, and went on to state that none of the 3 criteria had been met as those lots could be used for single family dwellings and also that if these are 2 story dwellings, the sideyard must be 15' not 5'. The Association again asks the Commission to deny the application. Mr. Bernie Doyle was next but declined to speak saying that Mr. Westbrook had voiced his opinions. Mrs. Ruby Coyle spoke next stating that she does not live at Redoubt Terrace Subdivision but she was on the Planning Commission at one time and feels that the applicants were seeking. the wrong thing and asked that the Land Manager explain the difference between a townhouse and a duplex. Mr. Labahn explained that townhouse is defined as having 3 or more attached units and this is an expample of having two attached units and this is either more of a duplex visually speaking or considered a single family dwelling that share a party wall. Mrs. Coyle stated that she would hate to have someone tell her what she could build on her property. Constance Keevel stated that she was not a resident-of Redoubt Terrace Subdivision but she was concerned about what she was hearing, that being the attitude that says we need tougher laws and stricter .penalties and no you can't build in my neighborhood. The attitude is townhouses are fine but don't build them in my neighborhood, you can't have it both ways. KENAI PLANNING & ZONING. COMMISSION Regular Meeting, February 9, 1983 Page 4 Mrs. Troy Castimore was the next speaker who stated that all the major issues had been addressed, however there were two issues that she addressed that being an article in the Anchorage News pertaining to townhome problems in Anchorage dealing with maintenance in that the townhomes have no agreements or provisions that they do not fall into disrepair, and so far, this issue had not been addressed at all with these townhomes and secondly there should be somewhere in the city for people who want to live in single family dwellings and can have that kind of guarantee that multiple family dwellings will not encroach. 'there is a need for multiple family dwellings but again, some provision should be made for people who want to live in single family units. Mr. Waldo Coyle addressed the Commission stating that "if you want a single family dwelling buy enough land around you so that you can". Mr. Richard Mueller spoke in favor of the variance stating none of the existing covenants apply to the undeveloped portions of the subdivision therefore since it is zoned suburban residential and water & sewer is available this should be developed. This particular development is proposed for single family units sharing a common wall. Maintenance of the units was mentioned and provisions can be put into an agreement where the exterior will be cared for at the owners cost and further can be enforced. Personally, Mr. Mueller stated that he would object to 33' lots, as for meeting the requirements for zoning ordinances he sees no problem and further the value of those lots merits special consideration. Mr. Mueller stated that his company does not have buyers for houses in the $150,000 bracket with payments in the neighbor- hood of $1500 - $2000 per month and does not see many buyers in that range in the near future. Mr. Art Gravely, a resident of Redoubt Terrace. Subdivision stated that he was not against community development, however,~felt that some thought should go behind the rest of the community, addressing the bluff erosion in that area. Mr. Gravely stated that 4 years ago he couldn't see the inlet., right now he has a very good view indicating the speed with which the bluff is changing, this not being due primarily to development. Mr. Gravely asked for a 1 year moratorium until some rate of erosion could be established. Commission recessed for 7 minutes Chairman Lewis stated that all. public comment has been given, called for any__further comments from the Commission, there being none, motion was made. KENAI PLANNING & ZONING COMMISSION Regular Meeting, February 9, 1983 Page 5 MOTION: Commissioner Smalley moved to approve PZ83-1 variance request, seconded by Commissioner Monfor. Councilman Wise asked if the public had a copy of the resolution, there were not enough to go around to the entire public, Chairman Lewis read the resolution. Commissioner Osborne stated that at the last meeting the issue was postponed until the city attorney had reviewed the legality of the variance and would like to hear what he has to say. Mr. Rogers stated that he had gone over the various ordinances and at this point could see no problem with the legality of it. Commissioner Smalley reminded the Commission and the public that there was to be a work session on townhouse ordinances to be attended by administration and Council and would feel uncomfortable building townhouses and then perhaps creating ordinances to go to them. Referring to 21.76.220 for conditional use permits Commissioner Smalley read the 3 conditions and stated that he did not feel that all three of the conditions had been met. In the townhouse the Commission dealt with earlier, there was an existing building that was trying to be sold, clear title with it, and at that time the Commission agreed that in no way did this set a precedent, however here again before the Commission is a precedent setting issue which may come back and haunt us. Would feel more comfortable if this could be postponed until after the work session dealing with townhouse ordinances. Wants to see Kenai grow and develop but not in this manner. Chairman Lewis wished to make those present aware of the fact that since this area is zoned suburban residential conceivably, the Horizon Const. could build 6 plexes should this be turned down. Tim Rogers stated that regardless of the action taken, he would hope that the commission would make specific findings for the actions taken so that both sides would have some substance to work with and second Jeff Labahn was correct as far as planning & zoning go in defining. what a townhouse is. Commissioner Bryson went on record to state that he would be abstaining due to a business conflict. VOTE: Motion failed due to tie vote with Commissioners Smalley and Osborne voting no; Chairman Lewis and Commissioner Monfor voting yes KENAI PLANNING & ZONING COMMISSION Page 6 ~ Regular Meeting, February 9, 1983 Commissioner Smalley elaborated on his reasons for his no vote, again citing the variance criteria 21.76.220 and that he did not feel that the 3 conditions were met. Commissioner Osborne cited his reasons being much the same as Commissioner Smalley's and further stated that those persons living in Redoubt may come to regret their actions since those same developers could come in and build apartments and would also like to see what the Council has to say at the work session regarding townhouses. Commissioner Smalley added that for consideration by both Commission and Council is "does the City of. Kenai desire to develop 33' lots along the bluff especially with Section 36 opening up in the near future. Does the City want to see 33' lots there also?" 3. AGENDA APPROVAL Bi11 Brighton stated that the developers wish to withdraw their preliminary plat since the variance request was defeated. MOTION: Commissioner Bryson moved, seconded by Comissioner Smalley to approve ~ the agenda. There were no objections. 4. APPROVAL OF MINUTES of January 26, 1983 MOTION: Commissioner Bryson moved to postpone approval of the minutes until the final draft is available, seconded by Commissioner Smalley. There were no objections 5. OLD BUSINESS None 6. NEW BUSINESS a. Preliminary Plat: PZ83-2, Redoubt Subdivision Add. No. 6 Dropped at the request of the developer KENAI rLANNING & ZONING COMMISSION Page 7 `~ Regular Meeting, February 9, 1983 b. Preliminary Plat: PZ83-7, Hollier Subdivision MOTION: Commissioner Bryson moved approval of PZ83-7, Hollier Subdivision, seconded by Commissioner Osborne. Commissioner Bryson asked the engineer if when large pieces of land are subdivided into tracts are these tracts considered different than a subdivision lot group would be as far as development of the roadway as far as the City is .concerned, i.e. is the City going to require a subdivider into tract sizes put in improvements. Jack LaShot stated that in this instance it would have to be. What we have here are two half dedications going through, some through swamps which would force the subdivider to be responsible. Commissioner Bryson wished to go on record as saying he concurred with that and that there be some specific point at which a lot is considered a tract rather than a residential lot due to the hardships to -the developer. Motion passed unanimously Commissioner Monfor left the meeting 7. PLANNING Chairman Lewis threw this item open to the Commission. Attorney Rogers was asked what progress had been made on the sign code. Mr. Rogers stated that he was waiting for some material from Anchorage, a blue ribbon committee that is dealing with such things as portable signs, sign materials, etc. He has been in contact with them but has not followed up to find out. where they stand at this time but will be doing so. When the Commission's document came before Council they felt at the time that Kenai could benefit from the outcome of Anchorage's efforts along these lines. The Commission discussed meeting. It will be done need to be set. 8. OTHER BUSINESS a. City Council Report placing Section 36 on the agenda for the next tentatively but a work session probably will Councilman Wise formally apprised the Commission of the resignation of Mayor O'Reilly and the new mayor being Mr. Ron Malston. KENAI PLANNING & ZONING COMMISSION Regular Meeting., February 9, 1983 Page 8 Mr. Roger Endell, Director of Division of Corrections attended the Council meeting speaking on the prison situation and the proposal for the medium security prison at Wildwood and may be reviewed by the community soon. The Council then adopted a resolution in support of a medium security prison with some qualifying language. Amendment to the code of mandatory hookup for persons living within 200' of city water & sewer. b. Borough Planning fieport No representative has been appointed as yet c. City Administration Report Bill Brighton informed the Commission that the City Council has asked administration to draft a resolution to take planning & zoning powers back from the Borough. Jeff Labahn clarified that this was zoning only. 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD Chris Martin asked that the Commission keep in mind the welfare of the entire community. 10. COMMISSION QUESTIONS & COMMENTS Commissioner Smalley stated that he nice and has no objections to them, 33' lots, and after the.`..:Cty having this is a step backwards. felt that the buildings were really but is really uncomfortable with the fought so hard to gain the 60' lots Councilman Wagoner stated that he wished to address Commissioner Smalleys comments and that is the crux of the :matter, the lot size. If your ever going to have townhouses it would be unwise to go with anything larger in that a true townhouse which is several units side by side will require a smaller lot, the size of the townhouse complex determining the size of the lot. Discussion followed on setting a limit on lot size, some wanting a limit, some wanting all cases reviewed on a case by case basis. All present agreed a work session was needed. 11. ADJOURNMENT There being no further business the meeting was adjourned. The next meeting will be February 23, 1983 at 7:00 p.m. Respectfully submitted: ~. ~ net Loper, lning Secretary ,ter, ~ 1, r+ / V ` J j ~:/ Roll ~i~b.~`~ f ~~'' r~f^ ~~, Ca11 ~~~' ~ .y ;;~ C li ~") Chairman ~ Vice Chairman Mary Quesnel { ~ / lr;y~ Hal Smalley ~ "~ ~ ~ ...; '~,~ /' ~~ ~ z ~ Ex-Officio