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HomeMy WebLinkAbout1983-07-13 P&Z Minutes®~ 'i~ , KENAI PLANNING & ZONING COMMISSION Regular Meeting, July 13, 1983 Kenai City Hall Lee Lewis, Chairman AGENDA 1. ROLL CALL Swearing in of New. Member 2. PUBLIC HEARING a. Variance Request: Setback Requirements in Deepwood Park S/D for the Construction of Multi-family Units b. Conditional Use Permit: for Kenai Broadcasting Co. for Construction of Radio Transmitter ~ 3. AGENDA APPROVAL 4. APPROVAL of Minutes of June 22, 1983 5. OLD BUSINESS a. Discussion: McBride Easement Vacation Request b. ~e_~-'~ ~~'; ~'o--tom, (~ ~~,~ %~ ~i~ - ~a~~r~a `c, ~ ~~e.../~~v ~,c~ ~-~-e..~ 6. NEW BUSINESS ~~' a. Preliminary Plat: PZ83-37, Amend S/D (replat of Lot 2) b. Preliminary Plat: PZ83-38, Scherer S/D c. Preliminary Plat: PZ83-27-A, Childs S/D (amended plat) 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 -- ; . ~.~ KENAI PLANNING & ZONING COMMISSION Regular Meeting, July 13, 1983 Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Present: Lee Lewis, Phil Bryson, Bob Oleson, and Bill Zubeck Absent: Chris Monfor, Hal Smalley, Ozzie Osborne, all excused New Member Robert Oleson sworn in 2. PUBLIC HEARINGS a. Variance Request: Setback Requirements in Deepwood Park S/D for the .Construction of Multi-family Units Chairman Lewis called for comments from the public, Mr. Carmen Gintoli came forward. Mr. Gintoli stated that he is owner of lot 10, block 3 of Deepwood Park and although he is not within the 300' radius, he had heard of the request and wished to voice his opposition. Mr. Gintoli based his opposition on the petition itself, stating that the 3 conditions were not being met in that no hardship exists in the construction of these buildings on these lots. Further, with the setback reduced to 5' between the building and the lots, making 10 feet between the buildings as opposed to the normal 30 feet, and is not safe. While a fire engine could get between the buildings, by the time the bicycles and junk are stored there it would no longer be feasible. And the last point being not enough open spaces for children to play. There are already a large number of children in the area and multi-family residences will generate more. Children are now playing in the streets. Mr. Gintoli stated that while the City cannot enforce covenants for a subdivision, please keep this in mind when making a decision, Deepwood's covenants do not allow multi-family dwellings. Jeff Labahn asked that an item be corrected in his memo, correct the rear setback from 20' to 25', this is due to the subdivision plat which goes beyond the code requirements. Commissioner Bryson stated for the record that due to financial ties with the developer he will be abstaining. KBNAI PLANNING & ZONING COMMISSION Regular Meeting, July 13, 1983 Page 2 MOTION: Commissioner Zubeck moved to table PZ83-39, application for variance, seconded by Commissioner Osborne. Motion passed unanimously. At Commissioner Bryson's request it is again noted that he abstained from voting. b. Conditional Use Permit: for Kenai Broadcasting Co. for Construction of Radio Transmitter Chairman Lewis opened the public hearing calling for comments from the public. Mr. John Lindauer, a partner in the business, came forward and stated that there-had been long hours spent in searching out the right location and feels that this is the best place and in view of the property and the frontage on the Spur Highway, putting the radio station and transmitter in would upgrade that property. The area is zoned general commercial and the radio station itself will be made to look very attractive. Chairman Lewis asked what the relation is to other surrounding structures, Mr. Lindauer and Mr. Labahn explained that the nearest structures were in the vicinity of Morgan Steel, Mr. Quandt, and a power house. Chairman Lewis read a letter into the record from Mr. Douglas Malloy, owner of lot 2 and a resident of Anchorage. Mr. Malloy protested the construction of the tower based on an improper use of a residential property, rendering his property unsellable should he decide to build a house on it in the future, and due to his being an audiophile, the interference of radio signals. Mr. Lindauer pointed out that should the signals from his radio station interfere with reception of residences in the area he would be subject to large fines from the FCC and further that this type of structure and signal does not interfere with normal transmissions of any kind and Mr. Labahn pointed out that Mr. Malloy probably was not aware that part of the tract of the subdivision is zoned general commercial, his being residential. Chairman Lewis asked when Mr. Lindauer hoped to put his station into operation, Mr. Lindauer stated that as soon as the permit was granted. Mr. Carmen Gintoli asked what type of programming Mr, Lindauer was planning, he explained that it would not duplicate the local format, with alot of news orientation. The employees will be civic oriented and have had experience in other communities that are small. Mr. Gintoli asked if KENAI PLANNING & ZONING COMMISSION Page 3 Regular Meeting, July 13, 1983 Mr. Lindauer were established in other communities, Mr. ~ Lindauer explained that he owned stations in Cordova, Valdez, and Seward which dated back to a time that FCC would not grant air time for more than a few short odd hours. MOTION: Commissioner Bryson moved to grant recommend granting of a conditional use permit as authorized by 21.76.220 for PZ83-40, seconded by Commissioner Zubeck. Motion passed unanimously. 3. AGENDA APPROVAL Chairman Lewis added under item 5-b, lease application for the Katmai Hotel, Russ and Jeri Pace. MOTION: Commissioner Bryson moved approval of the agenda with the amendment, seconded by Commissioner Osborne. There were no objections. 4. APPROVAL OF MINUTES of June 22, 1983 ~ Commissioner Bryson stated that his intent was not clear and the following changes are made on page 10: change "business" to "operation", delete portion of sentence and add "is not". On page 6 delete "He added that", changed to "Mr. Labahn stated", on page 9 Commissioner Bryson was not clear on specific changes, however, the last sentence of the first item in 10 should be deleted and changed to "a commercial gas pump" and the next item delete the last line and add, "parked on the premesis". MOTION: Commissioner Bryson moved to approve the minutes as amended, seconded by Commissioner Zubeck. There were no objections. 5. OLD BUSINESS a. Discussion: McBride Easement Vacation Request MOTION: Commissioner Bryson moved to bring this item from the table, 1 seconded by Commissioner Zubeck. Motion passed KENAI PLANNING & ZONING COMMISSION Regular Meeting, July 13, 1983 Page 4 Jeff Labahn submitted a memo and letters from financial sources stating the availability of financing for that parcel of land plus a staff recommendation, briefly stating: 1) a preliminary plat be submitted to the Borough formalizing the 25' ROW, 2) approval be granted, if consistent with the 1980 Comprehensive Plan which indicates 5th Avenue as a local street, 3) that unique circumstances exist in that a house was constructed prior to incorporation of the City and the house cannot be moved, 4) adjacent property along 5th Avenue subject to 33' ROW when subdivided. Commissioner Lewis asked if there were any other residences with similar circumstances, Mr. Labahn described the area, there being only one other residence along that stretch of 5th Avenue MOTION AMENDMENT: Commissioner Bryson moved to propose an amendment to the original motion incorporating the 4 points in Mr. Labahn's memo, seconded by Commissioner Zubeck. VOTE: (Original motion made June 22, 1983 to: "recommend approval of Lyman McBride Replat dedicating a 25' ROW along 5th Avenue) Commissioner Bryson asked about the flow patterns (traffic) on 5th Avenue. Mr. Labahn stated that the land use plan indicates Birch is a neighborhood collector from Spur to 4th, then 4th from Birch to Forest. All others are classified as local. The possibilities of serving the float plane basin and west airport area would be Redoubt, 4th, and 5th Avenues. Commissioner Oleson asked for clarification, does this mean 5th will remain a dead end, Mr. Labahn said no, because of the 40 acres that lies adjacent to this parcel, should it be developed it could conceivably create a different pattern, requiring considerably larger ROW's. Motion Amendment passed unanimously VOTE MAIN MOTION: Motion passed with unanimous roll call vote. Mr. Labahn noted that the McBrides understand that if the Borough recommmends approval, it would be contingent upon submitting a plat. KENAI PLANNING & ZONING COMMISSION Regular Meeting, July 13, 1983 Page 5 b. Lease Application: Lot 2, Aleyeska S/D, Part 3, for Katmai Hotel At the June 8th meeting, the Commission recommended concept approval based on the submission of a site plan, and supplemental application. John Boulanger appeared before the Commission to answer any questions, a site plan was available. Chairman Lewis asked what the time table was for beginning construction, Mr. Boulanger stated that the code allows 2 years for completion, the plans being to begin construction late next year. Mr. Labahn cleared up a couple small errors on the application itself, however, addressing the completion date, it is recommended that in accordance with the code, substantial completion would take place 2 years from the date of execution of the lease, therefore, going through the normal course of events it would be August 1985 as opposed to July 1986. And one more serious concern, there is a 150' setback from the centerline of a "primary federal aid highway" which is the Spur Highway, placing a portion of the proposed building about 75' inside the setback. Chairman Lewis asked if the present Katmai hotel building also falls within the setback, Mr. Labahn stated that it does not, the Spur bends around in such a way that the present building has no difficulties, however, on lot 2, a good portion of the frontage is unusable. Commissioner Bryson suggested the parties evaluate their options and come back, the Commission agreed. 6. NEW BUSINESS a. Preliminary Plat: PZ83-37, Amend S/D (Replat of lot 2) MOTION: Commissioner Bryson moved to approve PZ83-37 incorporating the staff comments and correction of negative findings, seconded by Commissioner Zubeck. Commissioner Zubeck noted the size of lot 2 and asked if the same person owned the entire subdivision. If someone else owned lot 2 there is a possibility of not being able to develop the southerly portion of the lot and not getting water & sewer to it, the lot being large enough to subdivide at a later date. The owner is the same person and has made no mention of subdividing lot 2. KENAI PLANNING & ZONING COMMISSION Regular Meeting, July 13, 1983 VOTE: Motion passed unanimously b. Preliminary Plat: PZ83-38, Scherer S/D Page 6 MOTION: Commissioner Bryson moved to approve PZ83-38 with correction of negative findings and incorporating staff comments, seconded by Commissioner Zubeck. VOTE: It was noted that this subdivision has a flag lot and while flag lots appear to be a logical solution to problems in rural areas, when they are proposed to be on sewer & water they become very expensive. Motion passed unanimously. c. Preliminary Plat: PZ83-27A, Childs S/D (amended plat ) This plat was originally submitted as Jaynes S/D, then resubdivided as Childs S/D, and comes again as Jaynes S/D, Childs Addition, the new subdivision removes Childs Court and flagging lot 2B from Childs Avenue and instead of three lots, there are now two. MOTION Commissioner Bryson moved, seconded by Commissioner Zubeck, to approve PZ83-27A with correction of negative findings. There were no objections NOTE: Commissioner Bryson asked Jeff Labahn if an encroachment in Highlands S/D would be before the Commission at this point, Mr. Labahn stated that the issue would not be before the Commission at all due to the fact that the Borough would be handling the entire problem. In explanation , Mr. Labahn stated that there was a problem with a house built into the front yard setback and because the problem was with the note on the plat the Borough Planning Commission would hear the issue and the plat could be amended to remove the setback statement. Commissioner Bryson stated that the question would be concerning the encroachment itself, not the note". Jeff Labahn will have an informational report at the next meeting. Commissioner Bryson stated for the record that the Borough approved the note making the plat in conformance but the building still has the encroachment. KENAI PLANNING & ZONING COMMISSION Regular Meeting, July 13, 1983 7. 8. PLANNING Chairman Lewis read a memo session on Wednesday, July relocation of power lines, & recreation master plan w and section 36 development to attend. OTHER BUSINESS ka. City Council Report Page 7 regarding the City Council work 20, at 4:00 p m to discuss cannery worker facilities, parks ith needs and population growth and the Commission is invited Councilman Wise reported that the Burnett/Candlelight Drive problem was postponed and it was noted that there is an HEA easement there already. enhances the utilities infrastructrure for the airport and the area. The contract for Mommsen S/D, paving, water & sewer was approved; discussion on Thompson Park design; discussed the sewage problem on Beaver Loop; Jeff Labahn and Keith Kornelis presented material on Section 36 development; discussion of developing the marathon Road portion that has been used as a borrow site for camping facilities, and a personal comment that instead of 2" copper line for a special purpose it should be done in such a way that it b. Borough Planning Report Commissioner Bryson reported that the Highland S/D plat where the surveyor had requested the removal of reference to building setback line on the plat itself-which is in conformance with platting practice was approved and Childs S/D amended plat was approved and had the same comments regarding the residential use. Councilman if any more regarding Jeff Labahn regarding and keep the b. City Administration Report discussion had transpired will check with the Borough Commission informed. There are some issues which need some attention and perhaps a work session can be set up before the next meeting. The issues are: sign code, establish policy dealing with building encroachments, planned unit development and tract D Daubenspeck which is at the end of Walker. Wise asked land sales, the matter Councilman Wise asked where the townhouse ordinance stood at this point, Mr. Labahn stated that there was a public hearing scheduled at the Borough for 7/25/83. KENAI PLANNING & ZONING COMMISSION Page 8 Regular Meeting, July 13, 1983 i 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD none 10. COMMISSION QUESTIONS & COMMENTS Commissioner Bryson asked to go over the questions asked at the last meeting. Howard Hackney stated that he has looked into the matters and some will take the attention of the attorney as soon as he has the time. Councilman Wise asked the status of the land Mr. Lowry is leasing, Howard Hackney stated that a foundation has been laid for the 4 lots with construction to go on 2 of the lots, however nothing more has been done. Commissioner Bryson stated that "a question was asked at the last meeting about the sale of the sand, has the offending party...." Jeff Labahn stated that his recollection was that it had been turned over to the attorney. Commissioner Bryson, for Commissioner Smalley, asked "what are the plans for the waste area in the creek", Jeff Labahn asked if that was the area north of 4th and south of 5th, yes, the city engineer states that at this point there is no written agreement however the contractor will be grading that out and eventually doing some seeding for stabilizing that area. 11. ADJOURNMENT There being no further business, the meeting was adjourned until Wednesday July 27, 1983 at 7:00 pm. Submitted by: Janet Loper, Secretary PLANNING & ZONING COMMISSION ~~ { `~~ Rol l ~ ~ n~~~ ~ ~ //// V al 1 1 V V ~- V S \ \ ~ Chairman =Lee Lewis ~ ~ -Phil Bryson ~\ ~ ~ ~ a Chris Monfor . Ozzie Osborne Bob RatitO ~ ~ ~ ~ ~ Hal Smalley Bill Zubek I __