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HomeMy WebLinkAbout1983-03-23 P&Z Minutes KENAI PLANNING & ZONING COMMISSION Regular Meeting, March 23, 1983 Kenai City Hall Lee Lewis, Chairman AGENDA 1. ROLL CALL a. Oath of Office for new member 2. PUBLIC HEARING a. Conditional Use Permit: Restaurant - Office Space on Lot 7, Block 20, Original Kenai Townsite, Daniel Hakkinen 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES of March 9, 1983 5. OLD BUSINESS ~ a. U.S. Survey 104 (returning item - Land Manager to give oral report) 6. NEW BUSINESS * a. Preliminary Plat: PZ83-13, Spur Subdivision No. 6 (Replat of Lot 2 Spur`Subdivision No. 2, leased by Mr. Ed Lowry) b. Preliminary Plat: PZ83-14, Clifford Subdivision c. Preliminary Plat: PZ83-15, Schurr Subdivision d. Preliminary Plat: PZ83-16, Basin View Subdivision ,,yy__ ~I`e. Discussion: Spur Subdivision No. 1, Lot 1 f. Mr. Steve Cervantes, Kenai Peninsula Borough, Senior Planner 7. PLANNING Work Session to be held after regular meeting on Townhouse Ordinances & Sign Code, material enclosed 8. OTHER BUSINESS a. City Council Report b. Borough Planning Report c. City Administration Report d. Other ~ , _ J ~,~ 2-~e~'C-c-r2~~1~~~1",~~~` ~~ ~~ _ / % ~ .ire. fil~,~.l- ~CZ!-~' y~.-~ ~. . N G ~k~~ KENAI PLANNING & ZONING COMMISSION Regular Meeting, March 23, 19tH Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Present: Lee Lewis, Phil Bryson, Ozzie Osborne, Bob Roth, Hal Smalley, Bill Zubeck Absent: Chris Monfor, unexcused 2. PUBLIC HEARING a.. Conditional Use Permit: Restaurant - Office Space on Lot 7, Block 20, Original Kenai Townsite, Daniel Hakkinen Mr. Hakkinen introduced his concept to the Commission describing his enterprise as being beneficial to the neigh leasing.anThehplans~hadty in that the building would be aesthically p originally been for apartments, however he felt that the location would warrant more people being able to enjoy it. Commissioner Bryson asked if the drainage problem had been addressed, Mr. Hakkinen stae~drathertthanrtonthe bluff to protectathe bluff. flow to the stye Chairman Lewis asked ho~ i~°wouldesit115'nfrom thespoint wherelthe~ Mr. Hakkinen stated tha bluff breaks. Every precaution would be taken to protect the bluff, as this is a tender a~eaMr.CHakkinennstatedsthatsitdwas and thatf heas stable below the cres , felt the area was a sort of buffer for the higher bluff. Commissioner Bryson asked if any written comment had been received by administration, secretary answered that there has been none. Mr. Bo Jehrig came forward to theaarea inequestion andtfurthertstated was a property owner close to that he had looked at the property for the same purpose a few years ago and that at that time ha hroblems from erosione 1He further stated and that the bluff presente p that there is a drainagerodin both from thenditch and the normalat the land on the lot is g had been placing fill eroding from the bluff. Both earsnjustetolkeep it stable. Mr. Jehrig on that lot over a period of y KENAI PLANNING & ZONING COMMISSION Regular Meeting, March 23, 1983 Page 2 feels that there is room in the city for more than one nice restaurant and will continue with his plans to build one on his lot which is now zoned commercial. Mr. George Bradford came forward to speak stated that he owns the Kaknu and Seaview Manor and would welcome anything that would upgrade the old town area. Mr. Frank Lee stated that when he came to town in May he approached a real estate agent who told him that the property in question at the present time was not zoned for a restaurant and if it was feasible more land would be needed to accomodate the parking. Mr. Lee still plans on establishing a restaurant along with Mr. Jehrig. MOTION: Commissioner Bryson moved to approve PZ83-9, Conditional Use Permit for Restaurant-Office space, seconded by Commissioner Smalley. Commissioner Bryson asked for comments from administration, Mr. Labahn stated that the Commission should refer to his memo which outlines the guidelines, explaining that the zone does not permit for outright use but does as a conditional use and that the other consideration would be does this concept meet with the three criteria for a conditional use permit. The parking requirements appear to be satisfied per zoning code and the only additional concern the Commission may want to address is the drainage problem and consider the submission of a plan or approach to dealing with the drainage particularly in view of this being a bluff lot. The Commission reviewed the surrounding zoning briefly. Commissioner Roth asked as a point of interest how much the proposed project would cost, Mr. Hakkinen stated it would be approximately half million dollars and at a cost like that he would certainly take precautions that the building would not sit precariously on the bluff or be washing away from drainage problems. MOTION AMENDMENT: Commissioner Bryson moved that the proposed use is similar to the existing uses in the zone. The Commission had trouble with the wording, this amendment was changed to read below: "Found that the proposed use is similar to existing uses of zone in question. in that there is a mixed commercial and residential" Seconded by Commissioner Roth. Motion passed by unanimous roll call vote. PLANNING & ZONING COMMISSION \) Regular Meeting, March 23, 1983 Page 3 Commissioner Bryson asked Jeff Labahn to help clarify the wording of that amendment, Mr. Labahn asked if the amendment was in response to one of the criteria pertaining to the harmony of the zones and the intent was to point that out, the answer was yes. In looking at the proposed resolution he felt that the Commission has addressed all the points that they need to address. VOTE ON MAIN MOTION: Motion passed with unanimous roll call vote. 3. AGENDA APPROVAL MOTION: Commissioner Bryse~ moved to approve. the agenda, secon°ded by Commissioner Srtialley . There were no objections. 4. APPROVAL OF MINUTES of March 9, 1983 Commissioner Bryson asked that under the vote for PZ83-2 he be shown as abstaining. The minutes were approved unanimously with correction 5. OLD BUSINESS a. U.S. Survey 104 - Oral Report from Jeff Labahn Mr. Labahn stated that there were some questions on the plat and through research he is able to answer those questions. The first question dealt with a ROW through .the plat. Mr. Labahn found that Old Beaver Loop Road runs through the plat and there is no record that the ROW was ever deleted. or changed. Mr. Labahn recommended that the surveyor show the old Beaver Loop itoad on the plat with the proper width and location unless he can verify to the city and borough that is has been properly vacated. Salamatof has formally vacated that old road but not through this property. The second concern was why the plat was before the Commission. The owner wishes to divide land for lease hold interest for long term leases by virtue of a plat. The third question was on the location of the existing buildings. Mr. Labahn has reason. to believe the plat is dated and there is one building in the upper left hand corner which is not there plus there is a building on the Daubenspeck property to the south which has a slight encroachment. Commissioner Bryson asked if Mr. Labahn was referring to the house and plant on a previous Daubenspeck plat, Mr. Labahn stated that he did l KENAI PLANNING & ZONING COMMISSION Regular Meeting, March 23, 1983 Page 4 not do a walkaround look at the property and was .not sure. There was further discussion of locations of landmarks on the plat,. Mr. Labahn pointed out that the main purpose of the plat was to divide out those improvements from the rest of the property and there should not be a particular problem with it. MOTION: Commissioner Bryson moved to bring PZ83-11, U.S. Survey 104 off the table, seconded by Commissioner Osborne. Mr. Labahn stated that his formal recommendation would be to amend the resolution to require old Beaver Loop Road ROW be indicated as such on the plat unless it can be verified to the city and borough that it has been vacated. VOTE: Motion passed by unanimous roll call vote MOTION AMENDMENT: Commissioner Bryson moved that Old Beaver Loop right-of-way be so designated on the plat unless it can be demonstrated to the city and borough that it has been vacated, seconded by Commissioner Smalley. VOTE: Commissioner Bryson and Commissioner Smalley asked if the encroachment of buildings need to be addressed and should the surveyor be asked to place them on the plat, Mr. Labahn stated that he could make that an informal request. Both main motion and amendment passed unanimously. 6. NEW BUSINESS a. Preliminary Plat: PZ83-13, ~.pur Subdivision No. 6 (Replat of Lot 2 Spur Subdivision No. 2, leased by Mr. Ed. Lowry Mr. Labahn introduced the plat explaining that this plat was of city owned lands that is currently under lease by Mr. Lowry who came before the Commission last year and obtained a lease for this lot. The proposal now is to subdivide the lot into four separate lots for the purpose of development. Within the 20` utility easement going through lot 3 and 4 is the sewer and the water line is off the Spur or north of lots 1 and 2. There is a question of getting the utility lines KENAI PLANNING & ZONING CUMM1SS10N 1 Regular Meeting, March 23, 1983 Page 5 to all lots and there appears to be no one to speak to it. Commissioner Bryson asked about the lease, if the application had been modified to reflect the changes of the lots, Mr. Labahn stated that his lease application describes the development as it was when it came before the Commission a year ago and. that if he wishes to change the proposal a lease modification would have to drawn up and come before both the Commission and the Council. If Mr. Lowry intends to place the same building proposals on the subdivided lots, he would not be able to either sublease the lots or sell them according to Howard Hackney. He would need to have utility access to all four lots. Mr. George Bradford was in the audience, however no mention was made by Mr. Lowry of what he proposed to do with the lots or the lease, Commissioner Bryson stated that he would have no problem with the subdivision or. addressing the water & sewer ~y easement, however he feels that it would be appropriate to know what is proposed for the facility which is part of the lease. Mr. Labahn stated that approval could be made contingent upon the submittal of a site plan. Commissioner Bryson asked to go on record as not opposing what Mr. Lowry is proposing as long as it is compatible with his lease. MOTION: Commissioner Bryson moved to approve PZ83-13 as a preliminary plat with the provision that the plat be brought back to the Planning Commission with approval of a site plan. Commissioner Bryson stated that the intent was not to approve a plat should it prove that the proposal is incompatible with the city's desire for the property. Mr. Labahn suggested that the plat could not administratively approve the plat until the Commission's concerns on the site plan be satisfied. Commissioner Smalley stated that he felt uncomfortable with approving the plat before seeing the site plan in that once the .plat is out of the Commission's hands it could be too late, once it is approved it is approved. MOTION: Commissioner Smalley moved to table PZ83-13 and that it be brought back at the next regularly scheduled meeting and prior to this meeting that the leasee be contacted to the degree that he will be bringing in an updated lease showing use and site plan, seconded by Commissioner Roth. Mr. Bradford stated that he was confused and asked for clarification, could not Mr. Lowry simply place his proposed building on the four lots. Commissioner Bryson explained that Mr. Lowry was in effect under contract with the city with specific conditions that are to be conformed to, he KENAi PLANNING & ZONING COMMISSION. Regular Meeting, March 23, 1983 Page 6 has on file his site plan which the Commission and Council have approved and it appears he wishes to change ,this. Commissioner Smalley stated that there is no objection with the concept, the Council just needs to know what he is planning to do as far as the 'lease is concerned. Councilman Wise stated that the lease has to be approved by both the Commission and Council who will address the same questions as with the plat. VOTE: .Motion passed unanimously b. Preliminary Plat: PZ83-14, Clifford Subdivision MOTION: Commissioner Osborne moved for adoption of PZ83-14, seconded by Commissioner Smalley. Chairman Lewis stated that there are three buildings on each section of the lot and. asked that they be shown. It was pointed out that it was not a requirement, however the city has a prerogative to request that buildings be placed on plats. A question. arose over the names of the streets and it was agreed that the surveyor would check on the names. The Commission asked that item 10 be added to the resolution which would read, "any existing structures be shown". MOTION AMENDMENT: Commissioner Bryson moved to add item 10 to PZ83-14, "any existing structures be shown on plat so that no encroachments exist on zoning requirements" ,seconded by Commissioner Smalley. There were no objections to both motion and amendment. c. Preliminary Plat: PZ83-15, Schurr Subdivision Mr. Labahn pointed out that the plat was done upsidedown with north .facing downward. In addition the city would request that Aliak be dedicated to a 50' width and Linwood be dedicated to a 33' width to be consistent with the roadway and utility easement designated by the patent on this particular lot. The second consideration would be the enroachment of the building on that lot. It appears that the building is a vacant structure with broken windows and junk in the yard. At any rate, this person is in violation of the setback ordinance and also they are within the ROW and utility reservation indicated on the State patent and the building would have to be moved. KENAI PLANNING & ZONING COMMISSION Page 7 Regular Meeting, March 23, 1983 MOTION: Commissioner Bryson moved, seconded by Commissioner Smalley to approve PZ83-15 with correction of negative findings 10 and that East Aliak ROW be dedicated to 50' Linwood Lane ROW be dedicated to 33' in conformance with the original patent. Commissioner felt that there was no problem with the building in that it had been there for several' years. Motion. passed unanimously. d. Preliminary Plat: PZ83-16, Basin View Subdivision MOTION: Commissioner Smalley moved, seconded by Commissioner Bryson to approve PZ83-16, Basin View Subdivision. Jeff Labahn explained that this is a result of the Dolchok - Kenai land exchange and further that the exchange is on hold due to encumbrances on a portion of the property that is being offered for exchange by Mr. Dolchok and until that question is resolved that plat will not be filed. There is no problem granting preliminary approval but it should definitly be stipulated that it should not be filed prior to problems being cleared. The other two considerations would be to show any existing buildings and to show the boundary of block 5 which is unclear. MOTION AMENDMENT: Commissioner Roth moved that as item l0, this plat not be filed prior to Dolchok - Kenai exchange be approved and also that the plat show any existing buildings, seconded by Commissioner Smalley. The Commission further discussed the plat with the only other question being over the ROW that appears on the plat. The City Engineer has indicated an agreement for use of the ROW. Motions passed unanimously d-1 Preliminarv Plat: PZ83-17, Beachside Estates *This plat left off agenda and added at this point with unanimous consent. MOTION: Commissioner Roth moved to approve PZ83-17, seconded by Commissioner Smalley. ~) KENAI PLANNING & ZONING COMMISSION Regular Meeting, March 23, 1983 Page 8 A question arose over ROW's shown, the names and locations,(the line shown at the west did not indicate if that was a ROW, second the name Seine Drive/Baleen). Mr. Labahn stated that in light of the fact that they are subdivided under the 40,000 square foot requirement for RR that before the plat is final the city and borough there is a letter in hand from DEC stating that the proposed community water system meets DEC requirements. The code states "public water and sewer" and this is a "community" system with each lot having on site sewer. This question is not being substantiated as to how this is going to be substantiated. MOTION AMENDMENT: Commissioner Bryson moved to amend PZ83-17 that DEC approval to the proposed plat be recieved prior to receiving final. approval at the Borough, seconded by Commissioner Smalley. There were no objections Howard Hackney stated that due to what appeared to be a greenstip there would be no access to lots 5 & 6, and also that a 10' easement for the utilities as indicated would not be enough. MOTION: Commissioner Zubeck moved to table PZ83-17 until the developer could be reached to explain some of the questions. (no second) Motion passed unanimously e. Discussion: Spur Subdivision No. 1, Lot 1 Mr. Labahn stated that it was suggested by the City Manager that the Commission and next week the Council will address this at a work session, and at that time they will assess the possibility of replatting Spur Subdivision No. 1, lots 1 & z to accomodate potentially development of residential lots along the west side of Walker Lane. Originally lot 1 was dedicated as a buffer street at 120' for the purpose of acting as a buffer between the residential area along Walker and the potential commercial development of lots 2 & 3 which are city owned. There are limitations and restrictions that need to be looked at. Administration suggested that lot 1 be pushed back into lot 2 by 100 - 120' to allow building lots along the west side of Walker and would involve rezoning and replatted. One of the problems is city sewer and water, the road is paved and curb & gutters. are in so that to put in any development those utilities would have to be disturbed plus HEA has two underground feeder lines and two above KENAI PLANNING & ZONING COMMISSION Regular Meeting, March 23, 1983 Page 9 ground feeder lines, the overhead lines is a 33,000 volt transmission line and it has not been their policy in the past nor does technology allowed a line of that voltage to be buried, this is a major transmission line which services the airport and other parts of the city. The Council is asking for some sort of recommendation or. input so that they can deal with this at the work session next Monday. The Commission viewed the plat and discussed the alternatives. It appeared that, according to Commissioner Zubeck, that no development could take place on lot 1 unless and until the power lines could be moved and Commissioner Smalley stated that no .building could be allowed so near those power lines. Councilman Wise suggested that the Commission consider how viable.the project is compared to the cost of_breaking ~p the pavement and-curbs and the power lines. f. Mr. Steve Cervantes, Kenai Peninsula Borough, Senior Planner Mr. Cervantes expressed his wish for being a resource person for the cities and being available to both commissioners and administration. Mr. Cervantes stated that he had ordered some books for the commissioners that would prove helpful, these books being specifically for planning commissioners. Mr. Cervantes then addressed the comprehensive plan, what it is to other cities and what it is to the. City of Kenai. The Title 29 directly addresses the comprehensive plan and Kenai's is in need of updating. Mr. Cervantes asks that the planning commission take a look at the document and if there is a need for change, make suggestions for those changes and use the document as a tool when making planning decisions. The Borough is asking for $50,000 for the communities in the Kenai Peninsula so that all plans can be upgraded. The Borough has spent many hours and has finally come up with a new zoning map for the City of Kenai. The old map was last done in about 1971 and is a rag as is the one formerly hanging in Kenai City Hall. Since that time there has been no officially adopted zoning map so the one presented could be viewed and approved and adopted as the official city map for the city. The Borough is also indexing a history of the subdivisions in the City limits, in other words it will take a subdivision. from inception through any new updates or resubdivisions or rezoning. KENAI PLANNING & ZONING COMMISSION Page 10 - Regular Meeting, March 23, 1983 7. PLANNING Work session to be held after regular meeting on Townhouse Ordinances & Sign Codes. 8. OTriER BUSINESS a. City Council Report Councilman John Wise reported that to the legislature regarding retur several contracts were awarded for for street name changes within the submitted to the Borough mayor for liaisons. the Council approved a resolution z of zoning powers to the city, airport projects, the resolution city was passed and 3 names were consideration for the Borough b. Borough Planning Report None until liaison is sei.ected by Borough mayor. c. City Administration Report Jeff Labahn reported that Commissioner Monfor had voiced concern about the "used car lots" specifically the ones at Beaver Loop and Spur Highway and the cars in close proximity to the Union 76 station on Willow and Spur. The cars at the corner of Willow and Spur have been moved back from the corner by the police department. The lot is zoned commercial so the cars are not in zoning violation. At the corner of Spur and Beaver Loop, that lot is also zoned commercial. Commissioner Smalley asked if those cars were not encroaching on the State ROW, Mr. Labahn stated that it would probably so close it would have to be measured. A question was voiced at the last meeting concerning asking surveyors to place buildings on plats, Mr. Labahn states that the. Borough is willing to back up the city on locating buildings, however they cannot be required to as it is not written in the code. Since the buildings do not have to be exact and it is not an as-built that is being required, there should be no problem in asking the developers/surveyors to put buildings on plats in approximately locations and it is a protection for both city and borough not to approve encroachments. 9. PERSONS PRESENT NOT SCHEllUL~;D TU BE HEAlZD None KENAI PLANNING & ZONING COMMISSION Page 11 Regular Meeting, March 23, 1983 10. ADJOURNMENT There being no further business, the meeting was adjourned. The next regular meeting will be Wednesday, April 13, 1983.. Respectfully submitted: ~~~~ ~:: . Ja Loper, Pla n ng Secretary PLA'VNING & ZONING COI~IISSION Roll Call ~~ ~NL ~\ ~~~ ~~~ II, VU/ ~~ Chairman Lee Lewis ~ /J v "Phil Bryson '~1 ~ ~ ~ ~ ~ ~ ~ ~` 1 Chris Monfor --- ~~" Ozzie Osborne \1 ~, ~I J Bob Roth .___.___ ~ ~~ ~ \ `~~ Q Hal Smalley ~ ~ ~ ~~~ B i 11 ~ e~®1~-