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HomeMy WebLinkAbout1983-06-22 P&Z Minutes .~ KENAI PLANNING & ZONING COMMISSION Regular Meeting, June 22, 1983 Kenai City Hall Hal Smalley, Vice Chairman Presiding AGENDA 1. ROLL CALL 2. PUBLIC HEARING 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES of June 8, 1983 5. OLD BU~/S~)INESS `` , - ~-/ /'~ IC=c_~~~~r=J{...~i C%~.,~ ..~C> ~~; >.~~`~~ 41~~` J[ .~G ~. ~ ti- /c~~ ~~ ~.~ (_rl-ti~C..-, ~:~/ZC~,,~~LI.=L Cam! a. City of Kenai Resolution PZ83-18, Townhouse Development Standards b. City Lands Adjoining Spruce Street - Preliminary S/D Design c. F.A.A. Tract A-1/Daubenspeck S/D Tract C - Preliminary S/D Design ~ d. Lawton Acres - Revised Plat } e. Kenai Comprehensive Plan - Priorities for Revision f. Sign Code - Discussion of Proposed Draft g. City,Lands Lease Application - Revised format 6. NEW BUSINESS a. Lease Application: Lot 6, Block 1, Etolin S/D, Second Addition b. Preliminary Plat: PZ83-30, Tovsen S/D 7. PLANNING 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 ~P~'~~1~~,D KENAI PLANNING & ZONING COMMISSION ~'~~ ~ ~„Q ,~~ Q ~ ~~ ~~.~ Regular Meeting, June 22, 1983 x~ Kenai City Hall ,!~`~ Hal Smalley, Vice Chairman 1. ROLL CALL Present: Hal Smalley, Phil Bryson, Ozzie Osborne, and Bill Zubeck Absent: Lee Lewis, and Chris Monfor both excused 2. PUBLIC HEARING None 3. AGENDA APPROVAL Agenda approved with 2 additions: 5-a, Reconsideration of Vacation Request of 5th Avenue, Lyman McBride, and 5-i, Preliminary Plat: PZ82-43, Peck S/D 4. APPROVAL OF MINUTES of June 8, 1983 MOTION: Commissioner Bryson moved for approval of the minutes as read, seconded by Commissioner Osborne. There were no objections 5. OLD BUSINESS a. Reconsideration of Vacation Request for portion of 5th Avenue, Lyman McBride Jeff Labahn explained that the issue is back before the Commission due to the fact that at the. last meeting, September 22, 1982, the motion was to rescind the approval of the vacation request with the issue of "grand- father rights" to be turned over to the attorney, and was tabled at the Borough level also. Nothing was returned from the attorney (although the attorney had written a memo it was never found). Jeff Labahn, after speaking with the attorney stated that the attorney felt that this particular case did not fall within the grandfather rights clause in that it was not built prior to the existence of the city codes and further that it was not encroaching over a lot line but into a potential ROW. Commissioner Bryson asked if they had originally asked for 25', answer yes. Commissioner Zubeck asked what effect granting this vacation request would have on the future development of 5th Avenue. In effect this would create a jog in the roadway,. the rest of the ROW being dedicated by patent to 33' and further, the owner of the government lot or homestead parcel across 1 j KENAI PLANNING & ZONING COMMISSION Regular. teeting June 22, 1983 Page 2 the street would still have to dedicate 33' and would encumber the rest of the property owners along that strip. Commissioner Bryson stated that it was his opinion that the City has setback, ROW.,'. and requirments for building structures so that they will not be built into ROW's. What are the reasons for the request. Mr. Labahn stated that he felt it was the clear the title to allow the parcel to be sold. Mr. Lyman McBride came forward and explained that at the time the house was built, there was no road and the land was not surveyed, he had stepped the footage off as best he could and that at that time, houses were customarily built as close to the roadways as possible. Vice Chairman Smalley asked what the attorney's opinion was, Mr. Labahn stated that from the City's standpoint, the City cannot acknowledge an encroachment, that at a later date if a roadway were put through, it would create a problem. Mr. Leo Oberts asked to be heard. Mr. Oberts stated that at the time this house was built as well as his own, it was a common practice to build near a roadway and there still remains portions in the City where houses are actually built into a ROW, there being no surveyors around at that time. Vice Chairman Smalley stated that at the last hearing of this issue the statement "cloud on the title" was discussed and at that time it was never made clear what that entailed. Mr. Rice was asked to return to this body with something that would be clearer, proof of rejection by a financial institution or whatever, and nothing ever came of it. Betty Glick asked to be heard stating that there is no further use for the street as it does not go anywhere nor connect with another end. There are only 3 lotsin question. ROW's have been granted within the City for 25' instead of 33' and there appears to be no problem. Harriet McBride explained that they had heard nothing from Mr. Rice pertaining to their vacation request and assumed it had passed until they were:~ready to sell the house to their son and found that the request had not been granted. Commissioner Bryson pointed out that 5th Avenue is the only remaining access to the north on a section line to a section line, the possibility of Redoubt being extended very remote. KENAI PLANNING & ZONING COMMISSION Regular Meeting, June 22, 1983 Page 4 Commissioner Bryson asked if there had been any comments from private developers, there had not. Only one person. made any comment and that one comment dealt with the 24' lot width minimum and he felt uncomfortable with that, #elt it could be 20' and still leave .room, depending upon the unit. Commissioner Osborne stated that. he felt that 24' was awfully small and would make the unit like living in a trailer. Commissioner Osborne asked if it were a two story structure would it still have to adhere to the 15' setback requirement, answer yes. MOTION: Commissioner Bryson moved to approve resolution PZ83-18, seconded by Commissioner Osborne. MOTION AMENDMENT: Commissioner. Bryson moved to delete the last sentence in section 21.76.260 'Definition' beginning "each unit and its lot shall", seconded by Commissioner Osborne. MOTION AMENDMENT: Commissioner Bryson moved to amend the wording of 24' minimum lot width to 20' lot width. Motion failed for lack of second. MOTION AMENDMENT: Commissioner Osborne moved to add. item 2 "The lot area may include a portion of the .undivided common area", seconded by Commissioner Bryson. VOTE: All motions and amendments passed with unanimous roll call vote with the exception of the amendment that failed for-lack. of second. Note: Commissioner Zubeck not in attendence for voting on two amendments. c. City Lands Adjoining Spruce Street - Preliminary S/D Design Jeff Labahn explained that this is an update on the concept recommended by the Commission at the last meeting. In the meatime, a question of ownership has come up. Originally the State offered and the City accepted by "memo of understanding" government lots 166,131, & 114, with lots 166 and 131 going to Cook Inlet Region Inc. More research will have to be done on ownership. The only lot that belongs to the City for sure is lot 114. KENAI PLANNING & ZONING COMMISSION r Regular Meeting, June 22, 1983 Page 3 George Bradford suggested giving them a construction easement, Commissioner Bryson mentioned .that there still was no comment that the reason for the vacation request was that finances had been denied, and further that the request had been denied once through the public hearing process. Councilman Wise stated that the only two alternatives would be to vacate a portion of the ROW to get the house onto the lot, or move the house back. Commissioner Bryson stated that unless the staff can recommend a 25' easement I could not approve the request. MOTION:. Commissioner Bryson moved to recommed approval of Lyman McBride Replat dedicating a 25' ROW along 5th Avenue, seconded by Commissioner Zubeck. MOTION AMENDMENT: Include a construction easement up to and including 25'. Motion amendment died for lack of a second. Commissioner Osborne asked the McBrides what the restrictions were at the time their house was built. Mr. McBride stated that theirs was the first ~ house in the area built with plans and was the largest house at the time in this area. MOTION: Commissioner Bryson moved to table this issue until the City Attorney can review it, seconded by Commissioner Osborne. Mr. Oberts stated that at the time you had to have your house built before BLM would give you a patent. VOTE: Motion passed with. unanimous roll call vote b City of Kenai Resolution PZ83-18, Townhouse Development Standards MOTION: Commissioner Bryson moved to bring this item from the table, seconded by Commissioner Osborne. There were no objections Jeff Labahn explained that the administrative amendments were added to make it easier to interpret and administer. For. instance by using a footage figure will cause more problems than leaving it open and more flexible. KENAI PLANNING & ZONING COMMISSION Regular Meeting, June 22, 1983 Page 5 MOTION: Commissioner Bryson moved to table this item until the next regular meeting, seconded by Commissioner. Osborne. Motion passed unanimously d. F.A.A. Tract A-1/Daubenspeck S/D Tract C - Preliminary S/D Design. This item was also turned over to Mr. Labahn .from the last meeting for additional information. This item returns with the two concepts combined per Commission instructions for consideration. This design allows for future expansion and appears to be the most reasonable. There is still a question on the antenna farm that cannot be resolved until such time as it is moved.. As soon as the FAA receives a general development sketch they will be prepared to release the land. Vice Chairman Smalley asked if a preliminary plat was needed, Mr. Labahn stated that it was not, that a more professional sketch: would be drawn up by a surveyor. MOTION: Commissioner Bryson moved to recommend adoption of the development plan for FAA Tract A-1/Daubenspeck S/D Tract C, seconded by Commissioner Osborne. Vice Chairman Smalley asked about the tract for the pioneer home, Mr. Labahn indicated that the conservation zone could be included to bring the acreage requirment up to their standards, the actual land itself would not be used. VOTE: Motion passed unanimously. e. Lawton Acres - Revised Plat The recommendation from the Commission at the last meeting was to run water & sewer utilities at the rear of the. lots, the sketch presented shows where the lines will run. Lots l - 15 will run on the east of lot 16. Lots 17-29 will be brought from Rogers. The size of the utility easements will have to be permanent construction easements of 30'. Councilman Wise asked if the Commission were proposing to have the City bear the cost of putting in the water & sewer, Mr. Labahn answered whatever the City should decide.. Commissioner Zubeck asked if there were any curb cuts at this time, Mr. Labahn stated that there are about 3 or 4 along Lawton. KENAI PLANNING & ZONING COMMISSION Regular Meeting, June 22, 1983 Page 6 Commissioner Bryson asked if the plat could be moved north to add more footage to allow for the 30' easement and would it have to be restaked. He added that 3 wheelers going through that area have destroyed many of the markers put up for the survey just a few weeks ago. Mr. Labahn agreed to contact the Borough regarding the restaking. Councilman Wise asked Commissioner Bryson to elaborate on his intent, it is to extend the lots from 107` to 120` in length. MOTION: Commissioner Bryson moved, seconded by Commissioner Osborne to recommend Jeff Labahn contact the Borough regarding the restaking exception thus extending the lots to 120' with a plat showing a 30' utility easement as requested. Motion passed unanimously. f. Kenai Comprehensive Plan - Priorities for Revision The memo presented by Mr. Labahn does not address the items in priorities only the issues that need revision or updating. The Borough has. approved a budget so a certain amount of money is available. Most of the items on the list could be taken care of on a cooperative basis and no consultant is needed, however on items such as mapping a consultant will have to be brought in. The first step would be to get a "wish list" to the Borough. The Commission gave Mr. Labahn unanimous consent on the list. g. Sign Code -.Discussion of Porposed Draft The discussion went over the last draft made of the sign code and felt a work session would be appropriate and asked that Mr. Hackney be present since he had put in so much work on the draft and also would be the person who will be working with it the most. The date will be set up later and the Commission will be notified. h. City Lands Lease Application - Revised format Upon request from the Commission, Mr. Labahn revised the format to include those items that were of most concern into the form presented. Councilman Wise asked if a line could be added to specify drainage and snow removal, they were added under number 6. MOTION: Commissioner Bryson moved, seconded by Commissioner Osborne to recommend adoption of the lease application including number 6 addition of method of snow removal. ~ Motion passed unanimously KENAI PLANNING & ZONING COMMISSION Regular Meeting, June 22, 1983 Page 8 Jeff Labahn asked Mr. Hall to clarify the time schedule as listed on the application, Mr. Hall explained that the time of construction would depend on the removal of the power poles that run through the property. He would like to begin construction this year. Mr. Labahn asked Mr. Hall what his plans were for landscaping, Mr. Hall explained this this was a preliminary drawing and`is waiting for an architect to present the entire scheme, but that shrubery would be at the front of the building with the rear left pretty much as it is, not being seen:"from .the roadway and no significant trees on the lot now. Commissioner Bryson asked how the dirt was to be removed, noting that there had been a rumor that at the Uptown Motel site the dirt had been removed and sold. Mr. Labahn stated that the matter was in the hands of the attorney, and went on to state that the parking appears to be adequate depending upon the number of individual businesses going in. Commissioner Bryson asked about drainage as the B&C lot is an example of poor drainage in that same area, Mr. Hall indicated that he planned on setting his building higher than the street and the draining problem will also be referred to the architect, the same with the snow removal. Referring back to the time of construction, the Commission and Mr. Hall set completion date of June 1984 which is one year. MOTION: Commissioner Bryson moved to approve the concept lease application from Mr. Jess Hall for lot 6, block 1, Etolin S/D, second addition, seconded by Commissioner Zubeck. Motion passed unanimously. MOTION: Commissioner Bryson moved, seconded by Commission Osborne to recommend to administration that the solution of the problem of the relocation of the overhead utility lines on Etolin S/D, second addition be expedited at the soonest. There were no objections b. Preliminary Plat: PZ83-30, Tovsen S/D MOTION: Commissioner Bryson moved to approve PZ83-30, Tovsen S/D incorporating attached staff comments, seconded by Commissioner Osborne. Councilman Wise asked if the water & sewer assessments were paid, it was unknown but will be checked. Motion passed unanimously. KENAI PLANNING & ZONING COMMISSION Regular Meeting, June 22, 1983 f Page 7 Councilman Wise pointed out an example of not having a good plan, that of the Uptown Motel with electrical hookups and paving right up to the sidewalk. No landscaping and no method of snow removal leaves two alternatives for this winter. He can either plow the snow right up to the street covering the sidewalk, plow it to the front creating an eyesore, or at a high expense, .remove it by dump truck. MOTION AMENDMENT: Commissioner Osborne moved to change the word 'should' to 'must' in two designated places on the lease, seconded by Commissioner Bryson. Motion.. amendment passed unanimously i. Preliminary Plat: PZ82-43, Peck S/D This plat was previously tabled by the Commission due to 1) configuration of two adjoining subdivisions, 2) meeting a ROW requirement by the adjoining subdivision. MOTION: Commissioner Bryson moved to bring PZ82-43 from the table., seconded by Commissioner Osborne. There were no objections Jeff Labahn pointed out that the subdivision in question had never been submitted to the Borough for eirther preliminary or final plat. The S/D in question being Jenkins. The staff finds no problem with Peck S/D and as Mr. Peck is ready to begin development and has followed the necessary steps recommends approval. MOTION: Commissioner Bryson moved to approve PZ82-43, Peck S/D, seconded by Commissioner Osborne. Motion passed unanimously 6. NEW BUSINESS a. Lease Application: Lot 6, Block. 1, Etolin S/D, Second Addition - Jess Hall Mr. Hall explained. that he wished to build a structure that would ~. accomodate office spaces which would be sold as condominiums. Each. business would be responsible for their own space, the building would be built somewhat as a shell and finished to the owner's specifications. KENAI PLANNING & ZONING COMMISSION '~ Regular Meeting, June 22, 1983 7. PLANNING None 8. OTHER BUSINESS a. City Council Report Councilman Wise reported no news for the Commission b. Borough Planning Report Page 9 Commissioner Bryson reported that the Borough approved Lawton Acres S/D. c. City Administration Report Jeff Labahn stated that at the last meeting the Commission had asked about the probability of leasing land on a bare land basis to the Katami Hotel. They had submitted a lease application with no site plans, building plans, or backup material. They were requesting a lease for bare ground only with tentative plans to expand at a later date. They have informed the City that they are prepared to submit completed lease ~ application soon. - Mr. Labahn read the letter from Mr. Eagle and Mr. Burkhardsmier who had withdrawn their lease .application, the reasons being clarified in the letter. The Borough Assembly approved the draft zoning map for the City of Kenai. A proposal to construct a new radio station has been received. A conditional use permit application will be forthcoming for the antenna. The location will be adjacent to the Peninsula Mobil Home site which is zoned General Commercial. 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 10. COMMISSION QUESTIONS & COMMENTS Commissioner Bryson wished to point out several non-conforming uses that had been brought to his attention. - a garage on Kaknu & Linwood which has junked cars all around the property and spilling over onto the street, blocking through traffic. - Kenai Hydraulic on 2nd & Spruce began as a hobby but has become full fledged business with large trucks and equipment in the street blocking through traffic KENAI PLANNING & ZONING COMMISSION Regular Meeting, June 22, 1983 Page 10 - Hobby Excavating on 2nd & Spruce has a `for sale' sign up in the front. Concern is over the fact that it has grown in scope from the original "business" and second that it would no longer be a "grandfather operation" if sold. - The Ski-Mo sign has not been addressed - The Time Saver sign is hanging over the sidewalk which is a violation and also is about to fall apart which would also be a violation These items will be looked into and returned to the next meeting. Discussion then went to PUD. Councilman Wise stated that he would like to see the City develop an ordinance to address the entire PUD question, the process should be made easier, perhaps create another section for PUD's within the RR & RS zones, and set a criteria for development. Commissioner Bryson asked the status of the Wade lease, Mr. Labahn stated that the land had been surveyed and the plat should be before the Commission at the next meeting. Vice Chairman Smalley asked about the dumping at the end of 5th which is a conservation zone, and if the state wildlife officials had any problems with it. Commissioner Bryson asked if it would not be appropriate for public works to check with someone before dumping in a conservation. zone. Since trucks were now running down 4th, it is assumed that the dumping is at the end of 4th on airport property. The Commission asked Mr. Labahn to check and see if there is a conditional use permit for the City to dump or extract from that site. Last year 4 permits were issued for City pits, but none were issued for that site. Vice-Chairman Smalley wanted it stated for the record that he considers the letter from Mr. Eagle and Mr. Burkhardmier a compliment in that the Commission is conerned with the saving of trees and requesting plenty of shrubbery in its efforts to enhance a fast growing City. 11. ADJOURNMENT There being no further business, the meeting was adjourned. The Commission will be notified of the next meeting date as it is still uncertain if there will be a quorum. Submitted by: Janet Loper, Planning Secretary PLANNING & ZONiivu COMMISSION Roll Call ~ ~lD v i~ L ~ ~ ~~ T~~a ~7` Chairman 'Lee Lewis ' j ~ Phil Bryson ~ `~ ~~ ~ \ ~ ~-~ Chris Monfor ~ ~" Ozzie Osborne ~.I ~~ ~ ~ .~ Hal Smalley ~~ ~ ~~ ~ "a ~, '~ Bill Zubek