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HomeMy WebLinkAbout1983-08-10 P&Z Minutesi KENAI PLANNING & ZONING COMMISSION Regular .Meeting, August 10, 1983 Kenai. City Hall Lee Lewis, Chairman 1. ROLL CALL 2. PUBLIC HEARINGS a. Petition to Rezone Gov 53, within Section 34, b. Petition to Rezone the Highway within Section 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES of July AGENDA ernment Lots 41,42,43,52, and a Portion of T6N, R11W, S.M. by Avis Hayes Si Si Sz NEB lying north of the Kenai .Spur 35, T6N, R11W, S.M. 27, 1983 5. OLD BUSINESS a. Rezoning Airport Lands lying within Sections 28, 29, 32, & 33, T6N, R11W, S.M. 6. NEW BUSINESS a. Preliminary Plat: PZ83-47, Enchanted Forest S/D b. Preliminary Plat: PZ83-48, Candlelight S/D - Resub of Lots 1 & 4 c. Preliminary Plat: PZ83-49, Keith S/D, Deed of Record d. Preliminary Plat: PZ83-18A, Bridge Road S/D, Revised Preliminary e. Lease Application: Portion of Lot 1 & 2, Block 1, Spur S/D No. 1, for Retail/Office Space & Multi-Family. Residential - Edwin Lowry f. .Lease Application: Portion of Government Lot 8,-5ection.8, 'ISN, R11W,S.M. for storage - Fisherman`s Packing 7. PLANNING a. Building Encroachment b. Tract D, Daubenspeck S/D - Design Concept c. planned :Unit nevelonment : '~ ~ KENAI PLANNING & ZONING COMMISSION Page 2 Agenda 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 NOTE: Material on Keith S/D, Rezoning of Airport Lands, & Lowry Lease Application will be available at meeting. """-~~r~ ~ KENAI PLANNING & ZONING COMMISSION Regular Meeting, August 10, 1983 Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Present.: Lee Lewis, Phil Bryson, Chris Monfor, Bob Oleson, Ozzie Osborne, and Bill Zubeck Absent: Hal Smalley, excused 2. PUBLIC HEARINGS a. Petition to Rezone Government Lots 41,42,43,52, and a portion of 53, within Section 34, T6N, R11W, SM by Avis Hayes Mrs. Hayes indicated that water & sewer, and roadways are in; houses do exist on the property; in order to establish the dwellings on separate lots, the property has to be rezoned from rural residential to suburban residential; the dwellings are lying too close together for the rural residential district.. Commissioner Bryson pointed out. that this property is being served by city water & sewer; Mr. Labahn stated that the water does not extend to lot 53. Commissioner Bryson asked if Mrs. Hayes was planning to resubdivide, Mrs. Hayes stated that she would at some future point.. Commissioner Bryson asked if "the old configuration of the subdivision utilize community water & sewer to serve the new lots; if these five parcels are resubdivided, are they all going to be served by a community water & sewer system", Mrs. Hayes stated yes. MOTION: Commissioner Bryson moved to recommend the rezoning of Government Lot 41,42,43, 52, within Section 34, T6N, R11W,S.M.,from Rural Residential to Suburban Residential, seconded by Commissioner Monfor. ~ KENAI PLANNING & ZONING COMMISSION Page 2 Regular Meeting, August 8, 1983 Commissioner Osborne noted that "a portion of lot 53" was missing from the description, Commissioner Bryson, with consent. of second requested that the description be added to the motion. VOTE: Motion passed unanimously. Jeff Labahn asked if it was the intent of the Commission to incorporate the three findings into their recommendation, Commissioner Bryson stated that it was. b. Petition to Rezone the S1/2 S1/2 S1/2 NE1/4 lying north of the Kenai Spur Highway within Section 35, T6N, R11W, S.M., Arthur E. Foss. No one was present on behalf of the petition. Jeff Labahn stated that in his report he raised some concerns about the property. From viewing the property, ~ looking at the comprehensive plan, aerial & topo maps, it appears that. a very small isolated portion of the property is feasible for development. It is indicated generally as wetlands in the comprehensive plan, in addition there are some severe building constraints. It is recommended that the Commission either deny the request outright and ask the individual bring something else back or a look at the property a little more closely and consider rezoning a portion of the property. The property surrounding the parcel in question is either State of Alaska or classified as exempt on the tax parcel rolls. MOTION: Commissioner Osborne moved to table the rezoning of the described property until more information is received and the petitioner or a representative is present, seconded by Commissioner Bryson. VOTE: Motion passed with unanimous roll call vote. Jeff Labahn stated that he would contact the petitioner and ask that someone be present. at the next meeting. ~ KENAI PLANNING & ZONING COMMISSION Page 3 Regular Meeting, August 10, 1983 3. AGENDA APPROVAL Add 5-b. Lease application from Walter Church and Fred Paxton, Lot. 3-A block 1, Spur S/D 1983 Addition; and delete 6-c, PZ83-49; in its place will be Parsons S/D, PZ83-42 which had been tabled at the last meeting.Item 5-a will be moved to the end of New Business. Agenda approved with the deletions, additions, and changes. 4. APPROVAL OF MINUTES of July 27, 1983 Minutes were approved with no changes 5. OLD BUSINESS b. Lease Application: Walter Church & Fred Paxton, Lot 3-A, Block 1, Spur S/D 1983 Addition. Jeff Labahn explained that this lease application was approved by the planning commission and by council in May. ~ However due to problems with financing and other reasons. The lessee just in the stage of being ready for signing. The dates would be an initiation date of construction of September 1, 1983 and proposed completion on November 15, 1983. All other items of the lease remain the same. Commissioner Bryson stated that 2 months seemed an un- realistic time for construction, Mr. Labahn stated that the leasee felt that since the financing was together this week by September 1, they would be digging. Commissioner Bryson suggested moving the completion date forward a year, Mr. Labahn stated that would be no problem,but he did not want to prolong construction since it has already taken so long. MOTION: Commissioner Bryson moved to recommend to Council that the lease application for Lot 3-A of Spur S/D 1983 Addition be amended; the lease application become effective September 1 1983 and the completion of construction December 31, 1984, seconded by Commissioner Osborne. VOTE: Motion passed unanimously KENAI PLANNNING & ZONING COMMISSION Page 4 Regular Meeting, August 10, 1983 6 NEW BUSINESS a. Preliminary Plat: PZ83-47, Enchanted Forest S/D Jeff Labahn commented that Kaknu Street should be Kaknu Avenue, water & sewer is not available. Presently Princess Street is constructed and provides access to lot 1 & 2. The City Engineer indicated that he would not require the property owner to construct Kaknu Avenue at this time. MOTION: Commissioner Bryson moved approval of PZ83-47 incorporating the change in nomenclature of Kaknu Street to Avenue, seconded by Commissioner Monfor. Motion passed unanimously b. Preliminary Plat.: PZ83-48, Candlelight. S/D - Resub of Lots 1 & 4 Jeff Labahn indicated that. in addition to the staff report, ~ there should be a clarification of the subdivision name to distinguish it from the original Candlelight S/D. Commissioner Bryson asked Mr. Labahn to explain his recommendation for limiting access to 4-b. Mr. Labahn explained that he wanted to get at least some of the traffic funneled to Colonial Drive and off of Candlelight Drive. Chances are that at this point an access would be fairly close to the intersection. MOTION: Commissioner Bryson moved to approve PZ83-48, Candlelight. S/D & request that the plat indicate any permanent structures, access on lot 4b be restricted to Colonial Dr., provided that lot 4b is not the lot. with the house on it, seconded by Commissioner Osborne. VOTE: There were no objections c. Preliminary Plat.: PZ83-42, Parson S/D This plat was tabled from the last meeting. KENAI PLANNING & ZONING COMMISSION Page 5 ~ Regular Meeting, August 10, 1983 MOTION: Commissioner Bryson moved to remove Parson S/D from the table, seconded by Commissioner Monfor. VOTE: There were no objections Commissioner Bryson asked Mr. Labahn if the assessment question was evaluated and if there was a recommendation. Mr. Labahn made reference to Council Ordinance ~~314-76 which was passed in 1976 referring to deferred assessments. This property falls under that. ordinance and the property owners have paid the portion of the assessment that is due. Commissioner Bryson stated that since this subdivision is a result. of a divorce decree, it is similar to a deed of record survey. Under these conditions, it is questionable whether the intent of the ordinance is satisfied and if the balance of the deferred assessments is due. There was some discussion regarding the building that was going on. Mr. Hackney has stated that he has no problem with allowing the plat to be approved apart from the building permit, as it will be taken care of administ- ratively. MOTION: Commissioner Bryson moved to "approve resolution PZ83-42, amended, incorporating comments of the land manager, and correction of item 3, assessments due be addressed", seconded by Commissioner Monfor. Commissioner Bryson stated that. "its not my intent that assessments be paid, just the item addressed." VOTE: Motion passed unanimously d. Preliminary Plat: PZ83-18A, Bridge Road S/D, Revised Preliminary MOTION: Commissioner Bryson moved for approval of resolution 83-18A with correction of negative findings 6 & 8, seconded by Commissioner Osborne. ~ KENAI PLANNING & ZONING COMMISSION Page 6 Regular Meeting, August 10, 1983 VOTE: Motion passed unanimously e. Lease Application: Portion of Lot 1 & 2 , Block 1, Spur S/D No. 1, for Retail/Office Space & Multi-Family Residential - Edwin Lowry Councilman Wise stated that he doubted very much if the city council would approve development in any part of that buffer strip. That buffer strip was put in at the express request of the people on Walker Lane and what this lease proposes to do is take part of it out. The other reason is the overhead power poles. Mr. Labahn explained that the city has abandoned its plans for that area for the same reason. Councilman Wise stated that the buffer strip was placed there to protect a high density commercial area from a medium density residential area. I would suggest. you honor that buffer strip and redesign. Mr. Lowry stated that his feeling on the buffer strip was that. it was to make a break between residential and commercial (rest of Mr. Lowrys comments were inaudible due to paper rustling.) Commissioner Bryson noted that there was no access to Walker Lane on the plan. (Again Mr. Lowry is inaudible.) The Commission and Mr. Lowry discussed his plans. Mr. Labahn stated that the whole property is zoned for commercial development. The zoning can be changed and an application has been submitted. The Commission needs to consider the use of the land and also the replotting involved, The basic circulation needs to be addressed, not only for this piece of property but the entire area as this will definitely have an impact on the whole area. Mr. Lowry asked that. the Commission look at Daubenspeck and perhaps proceed with considering his application as the construction season is nearing its end. Councilman Wise stated that Mr. Labahn has had some plans for platting and that the Council and Commission will be making their own determination. The lots are only a part of a larger tract and allowing some type of development. plan for the overall area in the most. rational and economic manner is important. KENAI PLANNING & ZONING COMMISSION Regular Meeting, August 10, 1983 Page 7 Commissioner Monfor informed Mr. Lowry that a number of people have come to the Commission regarding the development next to the Uptown Motel complaining that it is a definite eyesore and the new plan shows no provision for landscaping. Mr. Lowry stated that due to parking requirements it was necessary to pave to the property line, there being only 72 parking spaces in front of that building versus the 200 on this plan. Commissioner Monfor pointed out that haste created a problem with the Treetop development, the water & sewer problem having to come back for approval, there being nothing left but. to approve it and it was not supposed to be a problem in the first place. Commissioner Monfor asked if this commercial venture were different from the one already under construction, Mr. Lowry stated that it was, that the building under construction is 50°b office and the rest. retail. Commissioner Monfor asked if the proposed businesses were compatible with the area, the intent is not to approve one thing and get a surprise. Commissioner Bryson asked if a work session could be scheduled with the council to address this whole area again in light of this significant development in that area. Jeff Labahn stated that in his opinion it would be a very good idea. Councilman Wise stated that the best approach would be to have several options available. Commissioner Bryson asked that the Council consider a work session at 6:00 Wednesday, before the Council meeting. "I have no general problem with the commercial aspects of it, it can be done well or it can be done badly, the heavily concentrated residential in this area has overriding consequences and it utilizes commercial property to do it." Jeff Labahn pointed out that a residential development could not take place this summer as the process for rezoning takes approximately 2 1/2 months. Mr. Lowry stated that. he was under the impression that. the rezoning was more or less automatic with the lease application. Mr. Labahn stated that to an extent it is, however the application must. first go before the Borough planning commission and the assembly. Councilman Wise commented that just. because there is no public within 300', when you are talking about. this size of development, its going to hit the paper and people could come in and the residents of the City of Kenai have a right to testify and they will be heard. KENAI PLANNING & ZONING COMMISSION Regular Meeting, August 10, 1983 Page 8 Commissioner Zubeck asked if there was a buffer planned between the commercial buildings going right into a residential zone. Commissioner Bryson broke down the residential district. by explaining that. there would be 15 units to the acre with families in those units and no recreational facilities planned. Commissioner Zubeck noted there would also be two major highways on each side. MOTION: Commissioner Bryson .moved to table this concept. lease application until the next planning commission meeting whether regularly scheduled or not, seconded by Commissioner Osborne. VOTE: Motion passed unanimously f. Lease Application: Portion of Government Lot 8, Section 8, TSN, R11W, S.M. for storage - Fisherman's Packing Jeff Labahn stated that this item was already heard by the commission in April 1982, at which time the request. was dropped for lack of interest, however contact has been made to pursue the lease application. The main objection of the platting was that Seacatch Drive was constructed by the lessee of lot. Z, and in fact that would be a public dedicated right-of-way which could be used for a lessee for lot 1 and lots beyond. The reason for the lease application for the 10 acres west is primarily for storage of boats and other supplies with possibilities of permanent construction on that property also. The subdivision plat was never approved nor filed because of the controversy over the access issue. Commissioner Bryson stated that conceptually it would be in line with the development of the area, however it would create a closed shop situation as far as having to construct a quarter mile of roadway to lease a lot. MOTION: Commissioner Bryson moved to recommend approval of April 1982 application for Fisherman's Packing Inc., for lease with resubmittal of Kenai Spit S/D plat. formalizing the dedication of 50' section line easement common to section 7 & 8 and eliminate the Columbia Street ROW, extending the lot common to lot 1 & 2 westerly to intersect with the section line, seconded by Commissioner Osborne. KENAI PLANNING & ZONING COMMISSION Page 9 Regular Meeting, August 10, 1983 VOTE: Jeff Labahn asked Commissioner Bryson to clarify his motion regarding the ROW's. Commissioner Bryson stated that "when resubmitted eliminate Columbia Street and Seacatch Drive ROW that. are shown so that both lots 1 amended and 2 amended will front on the section line." Motion passed by unanimous roll call vote Commissioner Bryson asked if this were platted and a 50' section line easement were platted also, that Seacatch Drive could be left as an easement subject to removal upon relocation of that roadway presuming that the city would not cut off access to other processors in that area. Jeff Labahn stated that that is the issue with two possibilities; leaving an easement along Seacatch Drive until a road was constructed to the north along that section line or left so that Seacatch Drive would be a private street and es- sentially it would be the responsibility of a lessee of lot 1 or northward to continue the road on. Commissioner Bryson asked if the predecessors of Fisherman's Packing constructed Seacatch Drive as a roadway, Jeff Labahn said yes. Commissioner Bryson asked if there were any interested parties in lot 1, Mr.Labahn stated that there were none formally, however he has been approached. The main reason for proposing Seacatch Drive as a dedicated ROW to lot 1 and property beyond that is the cost of building a road and getting the permits. Last year the applicant for lot 1 had a request in with the Corps of Engineers, however he closed out his lease application before anything was ever approved. g. Rezoning Airport Lands lying within Sections 28,29,32, & 33, T6N, R11W, S.M. Jeff Labahn stated that additional material had not yet. arrived. At the last meeting it was recommended that the Borough consider rezoning of the property under proposed lease by Bob Bielefeld, however the tower property was inadvertently left out. By including these lots it will make the entire strip a light industrial zone from the corner to the end of the Bielefeld property. } KENAI PLANNING & ZONING COMMISSION Regular Meeting, August 10, 1983 MOTION: Commissioner be included industrial i Monfor. Page 10 Bryson moved to recommend that the entire tract in the land proposed for rezoning to light n the airport area, seconded by Commissioner VOTE: , There were no objections 7. PLANNING a. Building Encroachment Jeff Labahn explained that the material presented was an option to be considered and a springboard for any ideas. Chairman Lewis stated that he was in favor of the option as it "makes the encroaching party wish he had done it the right way". Chairman Lewis asked Mr. Labahn if there was any information available from other municipalities concerning their enforcement., Mr. Labahn stated that. the other cities on the peninsula have no provisions for dealing with encroachments. All the codes have some type of fine that can be levied for zoning violations, however it does not appear to be utilized. Commissioner Osborne stated that "a fine is really nothing if a contractor builds a building and he needs another 5' to build that building, what is $500 for a fine". Councilman Wise asked if there was a limit on fines, Jeff Labahn cited the code as saying the limit is $300 per violation per day. There are two ways to levy a fine, one would be to set a flat. rate or as stated. Councilman Wise asked if these fines would be levied on existing encroachments, Mr. Labahn stated that if something of this nature was enacted it would cover any encroachments that would take place beyond the date of the ordinance. The question arose over eliminating the encroachment, Commissioner Bryson asked if what the city was doing was waiving their rights on the building itself as far as the setback, Mr. Labahn stated that if they went. ahead and accepted the encroachment, that. would be correct. KENAI PLANNING & ZONING COMMISSION Page 11 Regular Meeting, August 10, 1983 Mr. Lowry asked if it would be practical for the city to create an ordinance that would require an as-built prior to construction. Mr. Labahn talked to the city attorney who was receptive. All parties agreed that. this is the best. approach rather than the fine approach which is after the fact.. Commissioner Zubeck pointed out that Anchorage also takes this approach. Commissioner Bryson noted the building inspector's comments that he was not a surveyor and is unable to physically inspect. the lot when builders come to him for the building permits. Commissioner Bryson stated that. in most cases it would take a minor additional expense for preparation of a paper to verify that it is indeed constructed where it was laid out to be constructed. It extends the building permit stage but eliminates the as-built. problem later on. b. Tract. D, Daubenspeck S/D - Design Concept The Commission reviewed the concepts as submitted by Mr. Labahn. No decisions were made. c. Planned Unit Development Mr. Labahn asked the Commission for direction, input, or perhaps a concensus for an ordinance for some type of standard. Councilman Wise asked that. the Commission move with all deliberate speed due to the time factor, to be ready for the construction season next year. Such issues as Section 36 that will need financing by the city for an improvement district takes three months to get through the Council. If they need to go PUD they need to go before this body to get approval which could take up to 5 months. To have an ordinance on the books by February the Commission needs to pass on its recommendations as soon as possible. 8. OTHER BUSINESS a. City Council Report Councilman Wise reported that. the Council introduced a three-wheeler ordinance which includes parental liability. An ordinance introduced to ban camping except in designated areas; an ordinance introduced for a camping park on Marathon Road; and an ordinance introduced relating to abandoned vehicles. All the above ordinances passed. KENAI PLANNING & ZONING COMMISSION Page 12 Regular Meeting, August 10, 1983 b. Borough Planning Report Commissioner Bryson reported that basically all plats before the city planning commission were before the Borough and all were approved subject to comments from the city. There were no problems with the plats. c. City Administration Report On behalf of the building inspector, Mr. Labahn updated some of the "alleged violations" that have been reported. Kenai Hydraulics, the garage on Kaknu & Linwood Mr. Quandt's property in Bush Lanes Mr. Hobby's operation on 2nd & Spruce All four of those operations have received letters stating they have 30 days to conform to the ordinance. Councilman Wise stated that the Commission should begin considering the capital improvements program for the city for the next legislative session. In December the Council and Commission will be forced to have the final list together. To be ready to brief the legislative delegation before they go to Juneau which is between December 15th and January 15th and to do that. you need to have the resolution and the whole program cleanly identified. The Commission's input is meaningful. 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 10. COMMISSION QUESTIONS & COMMENTS Commissioner Osborne requested information regarding condominiums since apartments have been converted to condominiums across the street from him. These are the Quandt apartments on Cook Inlet View Drive. Mr. Labahn stated that he would look up the Alaska Statutes pertaining to condos and return to the Commission. Mr. Labahn stated that he did remember a gentleman that. had come into the city asking about any ordinances pertaining to condos and this may be the same man. KENAI PLANNING & ZONING COMMISSION Page 13 Regular Meeting, August 10, 1983 11. ADJOURNMENT There being no further business, the meeting was adjourned. The. next meeting of the Planning Commission will be a Special Meeting, Wednesday, August 31, 1983. The regular meeting of August 24th has been cancelled due to lack of a quorum. Submitted by: .......~ ~ ~ Janet Loper Planning Secretary ,/D Dom' _ ~ ~~ d ~ ~„ {~ ~ ,. ~~ ~ ~ N ~ ~ t ¢~. ~ ~ n ~ ~ n d ~ ~ o `',~) ~ ®~ a, , , ^, . ~. I 1 ~ ~ ~`~ ~_ '~ ~ ~®~ ~~~ ~ ~ ~'~~~ `~ ~~ ~~ y ~l ~1 Y i ~ `~ ~ ~ ~ ~` ~ ~ ~ `I ~~~yy~ ~~ a ~ '~-J ~~ a¢~y,~ N K3? yl ~~ ~~ ~, ~~ :3, ~. r l Cti~ww ~ ~ c. '1/`~Y ~~,,,_,ti,it..5 ,~ L .ate w..~..~.'-~'~ + \~ ~. ~ ~ ~S ~ 1~ ~.