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HomeMy WebLinkAbout1983-02-23 P&Z MinutesKENAI PLANNING & ZONING COMMISSION Kenai City Hall Regular Meeting, February 23, 1983 Lee Lewis, Chairman AGENDA 1. ROLL CALL ~~ 2. PUBLIC HEARINGS 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES of January 26, 1983 .and February 9, 1983 5. OLD BUSINESS a. Discussion: Walkowski-Deland Land Exchange Plat 6. NEW BUSINESS a. Discussion: Kenai City Council Resolution 83-21 b. Discussion: Setback Encroachments 7. PLANNING a. Section 36 Lands b. Sign Code 8. OTHER BUSINESS a. City Council Report b. Borough Planning Report c. City Administration Report d. Other 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 10. COMMISSION QUESTIONS & COMMENTS 11. ADJOURNMENT KENAI PLANNING & ZONING COMMISSION Regular Meeting, February 23, 1983 Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Present: Lee Lewis, Phil Bryson, Ozzie Osborne, and Hal Smalley Absent: Chris Monfor, Bob Roth, excused 2. PUBLIC HEARINGS None 3. AGENDA APPROVAL Add 6-b Dolchok-Kenai Land Exchange, PZ83-8; move 6-b to 7-c. There were no objections 4. APPROVAL OF MINUTES of January 26, 1983 and February 9, 1983. In the minutes of January 26, Commissioner Smalley asked that under roll call, Mary Quesnel be deleted. j MOTION: Commission Smalley moved to approve the minutes of January 26, 1983 as corrected, seconded by Commissioner Bryson Motion passed unanimously MOTION: Commissioner Smalley moved to approve the minutes of February 9, 1983 seconded by Commission Bryson There were no objections NOTE: Commissioner Osborne noted that Mr. & Mrs. Jackson have 3 children not 2, however in checking the recorded tape Mr. & Mrs. Jackson only mentioned having "2 small children". 5. OLD BUSINESS a. Discussion: Walkowski-Deland Land Exchange Plat This item is coming to the Planning Commission for review without a resolution because a resolution for a preliminary plat was approved by the Commission in 1979. The plat returns due to a major change in the plat and a time expiration. KENAI PLANNING & ZONING COMMISSION Regular Meeting, February 23, 1983 Page 2 Lots 3 & 4 correspond to the Central Heights Subdivision First Addition trat has already been approved by this Commission. Jeff Labahn noted on the plat the changes from the 1979 plat. Commissioner Bryson explained for the new commissioners that this plat shows a proposed land exchange between two private parties. It should be noted that the plat crosses three different zones. Commissioner Bryson pointed out that there was a portion of the plat that was approved at the last meeting that was in variance with this plat that being the R.O.W. Walker Lane. The State R.O.W. is shown slightly different than on the plat the Commission approved, would it be possible to varify if this will be reflected before final. On one plat. the R.O.W. ends at Beaver Loop, on the other it ends at the property. The 1979 plat shows a portion of land that goes all the way down to Beaver Loop but the 1983 plat does not and in talking with the surveyor, it was his intent to keep lots 3 & 4 consistent with Central Heights First Addition, however Mr. Labahn is concerned with leaving two very small triangle remnants. Commissioner Bryson felt that the R.O.W. should be required just in case the city wants to run utilities along Walker Lane even though it is bluff. Mr. Labahn stated he would inform the Borough. The alignment of the 1979 plat showed the Beaver Loop R.O.W. as 50' diminishing the lot 5 City of Kenai lands, the 1983 plat shows the correct R.O.W. explaining the diminished lands. MOTION: Commissioner Bryson moved to ratify PZ79-14 with the addition that 1) reference to zoning on the plat be removed, 2) the half roadway dedication of Walker Lane be extended to Beaver Loop,' (amendment to Central Heights Subdivision) to rephrase - the proposed plat of Walksowski-Deland Land Exchange reflects 30' R.O.W. being .dedicated along Walker Land, request Central Heights Subdivision First Addition also reflect this, seconded by Commissioner Smalley. Councilman Wise asked if there is a requirement that they put that R.O.W. in. Commissioner Bryson answered that if there were he would delete it. Councilman Wise stated that he:~would prefer the dedication of the R.O.W. not be made, perhaps a 30' utility easement from that junction of Portlock and Walker to Beaver Loop the reason being the road going over the hill. Commissioner Bryson felt that a roadway never would in all probability. Councilman Wise asked if there wasn't a City ruling that if you dedicate a road you put it in to City standards. Commissioner Bryson stated that it is abutting an existing road 30'. VOTE: Motion passed by unanimous roll call vote KENAI PLANNING & ZONING COMMISSION Page Regular Meeting, February 23, 1983 6. NEW BUSINESS a. Discussion: Kenai City Council Resolution. 83-21 Councilman Wise stated that the Council had drafted this resolution but no action has been taken until recommendations could return from the Commission. It was pointed out that this had already been discussed at length by the Planning Commission. Ruby Coyle .asked to be heard concerning this issue stating she opposed it on the same grounds that it had been turned down by the Commission the first time it had come before them, those being basically the cost involved and until Title 29 can be changed to ensure the Borough will not take the zoning powers back once it has given them to the cities. Commissioner Smalley asked Councilman Wise to comment on the Council's feelings about this issue. Councilman Wise stated that the Council is experiencing some frustration in particular the issue on the townhouses and see a need to see some things straightened out. Personally Councilman Wise sees many problems, one being a significant amount of money. If zoning powers are accepted it will perpetuate the need for the land manager and defeat the entire effort of the landsman in that a new zoning ordinance may have to be created in the near future taking up perhaps 90% of his time rather than doing the originally intended job the Council desired, that of City owned lands. Councilman Wise agreed with Mrs. Coyle in that planning should go with zoning, if it doesn't it creates further problems with trying to obtain funding from the State. Commissioner Bryson asked Jeff Labahn if September 1st would be a feasible date if he were to redraft a zoning ordinance. Mr. Labahn responded that the City of Homer has gone this route with assuming the zoning power however they already had the ordinances drafted before requesting those powers. What the City could do is ask for the zoning power from the Borough, then enact or adopt by reference the existing Kenai Zoning Code and wouldn't have to be in an overhauled fashion, depending on the Council's decision. should they wish to rewrite the whole zoning code, then it would be unrealistic. Commissioner Bryson asked if Jeff Labhan would propose addressing the signs or similar portions, Mr. Labahn stated that would have to be the perogative of the City Council. Commissioner Smalley asked if Homer would have good handle on items such as cost, Mr. Labahn stated that it was really too early, however what they did was to hire a planning technician to deal with the zoning ordinances and other activities. PLANNING & ZONING COMMISSION Regular Meeting, February 23, 1983 >~ Page 4 The. Commission further discussed the issue with input from Mr. & Mrs. Coyle, with the consideration of more public hearings. Commission broke for 5 minutes MOTION: Commission Bryson moved to recommend. the setting. of Resolution 83-21 for public hearing at the Council level, a) request a summary of the financial impact of the City's budget be presented, b) administration summarize in more detail a proposed time phase concerning take over, c) to have addressed whether it is the Council's intent to adopt the existing zoning ordinances or is it .their intent to submit a new ordinance, d) inclusion of recent prior public hearings concerning transfer of zoning powers from the Borough to go to Council, seconded by Commissioner Smalley. VOTE: Motion passed unanimously To reiterate, Commissioner Bryson stated that 1) recommend that the resolution 83-21 have a public hearing at the Council level, at that time have administration have a financial report available for the Council, that the timing put down on paper rather than a flat month time, and would like it summarized, "is it the intent of the City to adopt the existing ordinance in total or is zoning concerned or are we going to have Jeff working. through the nights coming up with something and finally to have the minutes discussed go to the Council. b. Preliminary Plat: PZ83-8, Dolchok Land Exchange Mr. Ron Dolchok explained that what he was doing in essence was exchanging portions of his lands for portions of City lands which would place all of City lands on the east side of Beaver Creek and all of Mr. Dolchok's land on the west side, the land itself being pretty equal in value. Commissioner Bryson explained that the philosophy is to approve and address the plat rather then the exchange itself. Mr. Dolchok will retain all surface rights even on the land exchanged with the City, the City has already. agreed to this. Mr. Dolchok will be submitting his subdivision plat at a later date showing details. MOTION: Commissioner Bryson moved for approval of Resolution PZ83-8, Dolchok Land Exchange plat, seconded by Commissioner Osborne. Motion passed unanimously KENAI PLANNING & ZONING COMMISSION Page 5 ~ Regular Meeting, February 23, 1983 7. PLANNING Chairman Lewis stated that all three of the items listed on the agenda could be discussed in more detail at a work session and asked for Commission comments. Commissioner Bryson stated that it was his understanding the Malones was working on a plat dealing with Section 36 lands and would it be possible to wait until after the plat is available. Councilman Wise explained that Malone's was asked to 1) develop a plat that :would show the water & sewer crossings, 2) identify where the bluff is, 3) show a setback, 4) compute the acreage involved, and these issues are nearly completed. It was the concensus of the Commission that these items would be tabled until after the Section 36 plat would be available and that this would be a recurring item meeting by meeting until the information comes available and a work session can be scheduled. 8. OTHER BUSINESS a. City Council Report Councilman Wise informed the Commission that the Council will convene as a Board of Adjustment on the appeal of Horizong Construction on the variance request and this will be a special meeting on March 7th. The other item is that the proposed Stellar Avenue assessment district was defeated. b. Borough Planning Re~pori~.t No representative has as yet been appointed by the Borough c. City Administration Report Howard Hackney wished to make note of the fact that in the public hearing portion of the minutes for the variance request, Ms. Munstermann had made reference to the McCubbins townhouses being built over in Old Town, the actual facts are that the townhouses were approved but never built. 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 10. COMMISSION QUESTIONS & COMMENTS Chairman Lewis read a notice of public hearing dealing with.the proposed jail facilities in Wildwood with Roger Endell, Director, Division of KENAI PLANNING & ZONING COMMISSION Regular Meeting, February 23 ,1983 Page 6 Corrections will be available for comment on March 3, 1983 at 7:00 p.m. at the Kenai Council Chambers. 11. ADJOURNMENT There being no further business the meeting was adjourned. The next meeting of the Planning &~~Zoning Commission will be March 9, 1983 at 7:00 p.m, in the City Council Chambers. Respectfully submitted: net Loper, ecretary CITY OF KEN AI _ ~ ~~~~1 ~ ~ P. O. BOX 580 KENAI, ALASKA 99611 ' -- -- TELEPHONE 283 7535 w _ February 10, 1983 ME;MORANDt?M To: Tim Rogers, City_A.ttor_ney From: Howard. Hackney, building Inspector j, Re: Proposed chances - Sign Code Proposed change - add ?.1.76.160 A.?.(a) states that, "Churches, public buildings and charitable institutions may, for their own use, display signs, bulletin boards and announcement signs not to exceed present sign code size." (21.76.160 r. - 2) s Are "public buildings" buildings oven to the public or buildings owned by the public? Need de.f.inition. Need definition of "charitable institutions." The phrase from the first paragraph, "f_or their own use" - I would take to mean signs like, "Basketball Tournament Tonight", or "Sunday Service 1.1:00 a.m." I would not take that to lnean that they could advertise anything just to make money. For instance, the billboard advertisincl,„at the hiclh school would not be allowed. In my opinion, the "Oilers" would not come under this exception, even though it is obviously written to except the school and the Oilers. The Oilers is not a clillrch, is not a public building and is not a charitable institution. Section t3 - 3 in the present zoning very clearly allows bulletin board type signs. The last phrase in the first paragraph states, "- not to exceed present sign code size. (21.76.160 c-2)" Does that mean the si~xn code size for the zone that the "church, public building, or charitable institution" is in or by reference to "c-2" does that allow them signs permitted only in col?lmercial and inc~lustrial zones? Since it does not refer to "c-1" they could not 'nave a sign located flat against a building or a marquee. ~ Proposed chance ?_1.76.160 A.S, add, "-except time and temperature or changing message display signs." There is no definition for. a display sign. Present sign code 21.75.15Q c "Signs permitted in commercial or industrial zones 1. Signs located flat against a building or a marquee. 2. One ground, pole or projecting sign -." (Commas added according to proposed sign code change.) From this it would seem that commercial and industrial zones could have no roof signs, no temporary signs, no fin signs and no portable signs. Proposed sign code "Definitions" "D Sec. 205 Display surface is the area made available by the sign structure for the purpose of displaying the advertising message." When the lettering is cut out, individual type letters placed on the side of a building (.Alaska State Bank, Malston's, Katmai Motel) is the whole side of the building the area of the sign? General Questions: 1. Are there any regulations on rotating or moving signs? ~ ?.. What would be the area of a spherical sign? Would it be the total area of a sphere or the area of a circle through the center of a sphere? 3. in7ould political signs require a permit and where could they be located? 4. What. would be the area of_ a double sign, back to back with a message on each side? The area of the sign or twice the area of the sign? On a pole sign would a four sided sign be the area of each side added together? 5. Would any signs be allowed in the conservation zone? 5. If someone ~~ecorated outside with Christmas tree lights that flash, ~,aould that be a violation? 7. The definitions in the proposed sign code ordinance were taken from the Uniform Sign Code, which is updated every three years. If changes were made in a newly adopted edition, would the Kenai Sicxn Code have to be amended to be consistent with the Uniform Sign Code? I would recommend that a great deal more work be done before any changes are made to the sign code. 1 cc: Wm. J. Brighton, City Manager ~lanning & Toning Secretary HH/kh ,y ~ Z. CITY OF KENAI P. O. BOX 580 KENAI, ALASKA 49611 -- TELEPHONE 483 • 7535 February 28, 1983 Mary Quesnel Rt. 3 Kenai, AK 99611 Dear Mrs. Quesnel: With deep appreciation but. regret, we accept your resignation from the City Planning & Zoning Advisory Commission. The City is indebted to you for the services you rendered. S,~cerely, ', ~.,~~, Ronald A. Malston Mayor RM: jw CITY OF KENAI P. O. QOX 580 KENAI, ALASKA 99611 TELEPHONE 283 - 7535 MEMORANDUM T0: Kenai Advisory Planning & Zoning Commission FROM: Janet Loper, Secretary SUBJECT: Joint Work Shop with Kenai City Council At the meeting of the Kenai City Council on March Z, 1983, the Council suggested a joint work shop to be .held immediately after the hearing for the Appeal for Variance for Horizong Construction. The date for that hearing and the joint work session will be Monday, March 7, 1983 at 7:00 p.m. in the Council Chambers with the work session immediately following. The item on the agenda for discussion will be Section 36 Lands. FLANNItiG AtiD Roll Call ZOVI~'G ;~~ ~~, CO:~td1ISSI0N 1tEETItiG OF ~ ~:.~ ~ ~~ ,.~ ~; ~s ~ ?} / ////r Chairman .. ~ '' ~,, V Lee Lewis Vice Chairman ~/ Bob Roth Phil Bryson '~'~ `-~ ,; /// ~ ~- Chris Monfor 'rtrf. Hal Smalley . f Bob °RZ3'tY~ ~ t ~ ~;, 4 \ . t ~ ..~~ ~ ~ ~ , Ex-Officio