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HomeMy WebLinkAbout1983-08-31 P&Z MinutesKENAI PLANNING & ZONING COMMISSION ~ Special Meeting, August 31, 1983 Kenai City Hall Lee Lewis, Chairman AGENDA 1. 2. 3. 4. 5. 6. ROLL CALL PUBLIC HEARINGS a. Resolution PZ83-56. Rezone F.A.A. Tower lands & Adjacent 5.5 Acres, Section 32, T6N, R11W, S.M., from Conservation to Light Industrial - City of Kenai b. Resolution PZ83-53, Conditional Use Permit for Day Care Center, Lot 7 Gilbertson S/D - Mark & Sue Passe c. Resolution PZ83-54, Conditional Use Permit for Day Care Center, Pre-School, and Dance Studio, Portion of Gov't Lot 27, Section 34, T6N, R11W, S.M. - Carolyn Cunningham AGENDA APPROVAL APPROVAL OF MINUTES of August. 10, 1983 OLD BUSINESS a. Resolution PZ83-55, Rezone S1/2 S1/2 S1/2 NE1/4 Section 35, T6N, R11W, S.M., from Rural Residential to General Commercial, Arthur E. Foss ~ b. Lease Application: Airport Lands lying North of F.A.A. Control Tower - Bab Bielefeld (Revised) c. Discussion: Guiding Encroachments NEW BUSINESS a Resolution PZ83-50, Elimination of Certain Minimum Yard Requirements of KPB 21.76.070 C-3 for Lot 6, Black 4, Highlands S/D b. Preliminary Plat: PZ83-51, Gusty S/D Add. No. 2 c. Preliminary Plat: PZ83-52, Spruce Corner S/D, Tyler Add. d. Preliminary Plat: PZ83-57, Sprucewood Glen S/D * (resubd.ivision of Lot 2, Spur S/D No. 1) ~ PLANNING & ZONING COMMISSION AGENDA Page 2 Special Meeting, august 31, 1983 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 QUSTIONS & COMMENTS 11. ADJOURNMENT * Additional material to be available at the meeting KENAI PLANNING & ZONING COMMISSION Special Meeting, August 31, 1983 Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Present.: Lee Lewis, Phil Bryson, Chris Monfor, Ozzie Osborne, Hal Smalley, and Bill Zubeck Absent: Bob Oleson, excused 2. PUBLIC HEARINGS a. Resolution PZ83-56, Rezone F.A.A. Tower lands & Adjacent 5.5 acres, Section 32, T6N, R11W, S.M., from Conservation to Light Industrial - City of Kenai This petition was initiated by the City of Kenai and as a result of a lease application that was submitted by Mr. Bob Bielefeld. The use of the land would be the same in either zone, however, the rezoning makes the entire area more compatible. MOTION: Commissioner Bryson moved to approve resolution PZ83-56, rezone the described property from Conservation to Light Industrial, seconded by Commissioner Smalley VOTE: Motion passed by unanimous roll call vote. b. Resolution PZ83-53, Conditional Use Permit for Day Care Center, Lot 7 Gilbertson S/D - Mark & Sue Passe Mark Passe was present to speak to the issue stating that he was the owner of the property, however would not be the operator of the center. The plans for the lot are to split the lot down the center, using the front half for the day care center, leaving the other half empty, a house to be built on it at a later date. Chairman Lewis asked Mr. Passe where his intended driveway was on the map he had submitted, Mr. Passe explained that the entrance/driveway to the lot would come from 3rd Avenue, Mr. Labahn pointed out. that entrance to the lot would be limited to 3rd Avenue due to traffic flow in the area. Mr. Passe was asked how many children would be at the center, he answered that they would be set up to handle up to 30 children. Mr. Passe's plans .. ~ KENAI PLANNING & ZONING COMMISSION Special Meeting, August 31, 1983 Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL ~~//~ ,1~_~y ~~ ~~i Present: Lee Lewis, Phil Bryson, Chris Monfor, Ozzie Osborne, Hal Smalley, and Bill Zubeck Absent: Bob Oleson, excused 2. PUBLIC HEARINGS a. Resolution PZ83-56, Rezone F.A.A. Tower lands & Adjacent 5.5 acres, Section 32, T6N, R11W, S.M., from Conservation to Light Industrial - City of Kenai This petition was result_of a lease Bielefeld. The use zone, however, the compatible. initiated by the City of Kenai and as a application that was submitted by Mr. Bob of the land would be the same in either.: rezoning makes the entire area more MOTION: Commissioner Bryson moved to approve resolution PZ83-56, rezone the described property from Conservation to Light Industrial, seconded by Commissioner Smalley VOTE: Motion passed by unanimous roll call vote. b. Resolution PZ83-53, Conditional Use Permit for Day Care Center, Lot 7 Gilbertson S/D - Mark & Sue Passe Mark Passe was present to speak to the issue stating that he was the owner of the property, however would not be the operator of the center. The plans for the lot are to split the lot down the center, using the front half for the day care center, leaving the other half empty, a house to be built on it at a later date. Chairman Lewis asked Mr. Passe where his intended driveway was on the map he had submitted, Mr. Passe explained that the entrance/driveway to the lot would come from 3rd Avenue, Mr. Labahn pointed out that entrance to the lot would be limited to 3rd Avenue due to traffic flow in the area. Mr. Passe was asked how many children would be at the center, he answered that they would be set up to handle up to 30 children. Mr. Passe's plans KENAI PLANNING & ZONING COMMISSION Page 2 ~ Special Meeting, August 31, 1983 NOTE: Commissioner Zubeck entered the meeting. have been approved by the State Fire Marshall. Mr. Passe was asked to describe his parking facilities, he and Mr. Labahn explained that the front portion of the lot that indicated parking would be more than adequate space to handle the parking generated by the employees and patrons. MOTION: Commissioner Smalley moved to approve PZ83-53, Conditional Use Permit for a Day Care Center on Lot 7 Gilbertson S/D, seconded by Commissioner Monfor. VOTE: Motion passed unanimously c. Resolution PZ83-54, Conditional Use Permit for Day Care Center, Pre-School, and Dance Studio, Portion of Gov't Lot 27, Section 34, T6N, R11W, S.M., - Carolyn Cunningham Carolyn Cunningham was asked to come forward to speak to her request. Ms. Cunningham explained that the front portion of the building was to be used for living quarters with the rear of the building to be used for the day care facility. The plans had not. yet been reviewed by the fire marshall. Mrs. Inez Evans came forward to speak on the petition stating that she is the property owner on one side of the site in question. Ms. Evans' main concern was that of space. There is not. enough room between the two properties for cars and to relieve the noise aspect many children would generate. Mrs. Evans stated that former tenants were in the habit of using her driveway, driving over her lawns, and causing a general nuisance since there is no provision on that property for parking that she is aware of, there being a business on that property at one time. Mrs. Evans went on to state that she felt this was a bad location for traffic in that access would be onto the Spur. If this business was to be established she would request a fence between the two properties. Ms. Cunningham stated that she had plans for installing a fence surrounding the property. Mrs. Mardell Pace came forward to speak against the petition. Mrs. Pace stated that she is a member of the East Kenai Church of Christ which is on the other side of the property in question. Mrs. Pace stated that she felt the KENAI PLANNING & ZONING COMMISSION } Special Meeting, August. 31, 1983 Page 3 buildings were too close for such an operation, that part of the driveway from the property in question rests on the church property. Mrs. Pace voiced concern over the fact that a fence should be placed between the two properties to protect the children, however if the fence were constructed on the property line it would run down the middle of the driveway and there is no other access to the rear portion of the property. Mrs. Pace pointed out that this is a very small lot and that traffic that comes onto the lot face getting back out onto the Spur Highway. Commissioner Bryson asked if there were many uses proposed for the property, Jeff Labahn stated that the city was not aware of any use other than that of the existing use, a duplex. Mrs. Pace stated that there was a building on the rear of the lot, and further that she had understood that the dance studio portion of the proposal had been dropped. Ms. Cunningham stated that it had been cancelled, Mr. Labahn stated that the city had not been informed. The Commission discussed the access and driveway on the property. The drawing submitted showed the driveway curving around the rear of the property circling the church. Mr. Passe stated that he was a former tenant on the property and that it was once used as a plumbing business. There is a permanent structure on the rear of the property that has a cement slab. A survey was done on the church this spring and it was found that the driveway encroached considerably on the church property. MOTION: Commissioner Smalley moved to table resolution PZ83-54 for additional information regarding the dance studio and a survey of the lot in question, seconded by Commissioner Osborne. VOTE: Motion passed unanimously. 3. AGENDA APPROVAL The agenda was approved with no changes. 4. APPROVAL OF MINUTES of August 10, 1983 The minutes were approved as submitted KENAI PLANNING & ZONING COMMISSION Page 4 Special Meeting, August 31, 1983 5. OLD BUSINESS a. Resolution PZ83-55, Rezone S1/2 S1/2 S1/2 NE1/4 Section 35, T6N, R11W, S.M., from Rural Residential to General Commercial - Arthur E. Foss MOTION: Commissioner Osborne moved to remove PZ83-55 from the table, seconded by Commissioner Bryson. VOTE: There were no objections Jeff Labahn brought. attention to the letter that had been submitted by Mr. Foss stating that his intention was to place a produce stand on a small portion of the property. The biggest problem with the rezoning at this point appears to be the fact that. most of the property is undevelopable due to the ground itself. It would take a sizable amount of fill to make the land suitable for any type of building. The Borough is aware of this fact. A topo map was placed before the Commission showing the contours of the land in question. It was noted that there was no sizable difference ~ between the low points of the land and the high points that Mr. Foss speaks of for the produce stand. Commissioner Smalley asked if any portion of this land is determined to be wetlands, if so, a zone change would not help Mr. Foss. MOTION: Commissioner Osborne moved to approve resolution PZ83-55, seconded by Commissioner Zubeck. VOTE: Motion fails with Chairman Lewis, Commissioners Monfor and Zubeck voting yes; Commissioners Bryson, Osborne, and Smalley voting no. Commissioner Bryson wished to go on record as having been opposed to the strip across the Spur Highway being rezoned to commercial for the same reasons. It is not good planning to zone in strips. NOTE: The resolution was in the negative, however the intent of the Commission was clear to deny the rezoning. b. Lease Application: Airport Lands lying North of F.A.A. Control Tower - Bob Bielefeld (revised) ~ The lease application has been approved, however the City Council has stated that they want to have a development. scheduled included. The letter submitted to the Commission KENAI PLANNING & ZONING COMMISSION ~ Special Meeting, August 31, 1983 Page 5 sets a time schedule and this will be incorporated into the lease application. MOTION: Commissioner Bryson moved to recommend a modification of a date of completion on the original lease application to October 31, 1985, seconded by Commissioner Osborne. VOTE: Motion passed unanimously. c. Discussion: Building Encroachments Commissioner Zubeck stated that. he felt the proposal from Mr. Labahn was the only way to end the encroachment problem and would be of benefit to both the developer and owner of the property, that it was money well spent. Kim Hulien spoke on the subject stating that she is an example of the mess that can be created if no survey is done prior to building. She had purchased a house and property 1 and it wasn't until she attempted to sell the property, going through a bank which requires a survey that she found the house to be sitting within a 25' setback. She would have gladly paid for a survey had she been the builder of the house and saved the mess she now has. Jeff Labahn stated that the verbage of the memo was drawn up by himself and the building inspector and they felt that this was the best. solution. An ordinance could be prepared to go to Council for approval if the Commission approves. MOTION: Commissioner Smalley, seconded by Commissioner Osborne moved to recommend this document in rough form be sent on to the City Council and draFted in ordinance form. VOTE: Motion passed unanimously 6. NEW BUSINESS a. Resolution PZ83-50, Elimination of Certain Minimum Yard Requirements of KPB 21.76.070 C-3 for Lot 6, Block 4, Highlands S/D Jeff Labahn explained that there is an existing building that is encroaching into the 25' setback line. This was KENAI PLANNING & ZONING COMMISSION Page 6 Special Meeting, August 31, 1983 found as a result. of an asbuilt when the owner attempted to sell this property through a bank. The issue was referred to the Borough who, through resolution, removed the setback line from the plat, however the title company feels a problem still exists in that the building is still violating city code. The intent of the resolution before the Commission is to eliminate the setback requirement on the existing building only. No additional building or additions to the existing building will fall under this resolution. Chairman Lewis asked where the access point was to the property, access is from Muscrat Court only, even though there is a dedicated ROW coming from the Spur Highway. Jeff Labahn stated that it was suggested to the parties involved that the ROW fronting the Spur be vacated which would eliminate all problems, however since the sale is pending the parties felt that the two months it would take for the vacation would be too long a period of time. There are 7 lots fronting on the ROW with only two buildings on two of the 7 lots and the vacation of that ROW would benefit all lots on that block. MOTION: Commissioner Bryson moved to request approval of PZ83-50, seconded by Commissioner Smalley. VOTE: Motion passed unanimously. b. Preliminary Plat: PZ83-51, Gusty S/D Add. No. 2 This comes before the Commission as a result of the lease application from Mr. Jesse Wade. MOTION: Commissioner Bryson moved, seconded by Commissioner Osborne to approve resolution PZ83-51, Gusty S/D Addn. No. 2 incorp- orating staff comments. VOTE: There were no objections c. Preliminary Plat: PZ83-52, Spruce Corner S/D, Tyler Addition. This is a replat of the original subdivision. The Commission noted the designation "D" Street which should be Clifford Street. KENAI PLANNING & ZONING COMMISSION Page 7 Special Meeting, August 31, 1983 MOTION: Commissioner Smalley moved to approve resolution PZ83-52, Spruce Corner S/D incorporating staff comments and correction of negative findings, seconded by Commissioner Monfor. VOTE: Motion passed unanimously. d. Preliminary Plat: PZ83-57, Sprucewood Glen S/D (resubdivision of Lot 2, Spur S/D No. 1 The Commission reviewed the plat with much discussion on the ROW designated as Tern Avenue. It had been recommended as a through street to Walker Lane to alleviate the traffic problems at Beaver Loop intersection, however Councilman Wise pointed out that a promise had been made to the residents of the subdivisions in the Walker area that no street would be put into Walker. The Commission discussed various means of access and egress for the number of units that were planned for the tract. The Commission discussed tabling the plat until a design of Daubenspeck could be reviewed in conjunction with Mr. Lowry's request for lease of this property. Commissioner Smalley stated that he felt uncomfortable with the plat and would like to see the lease application to compare how it applies to the plans submitted. Mr. Labahn stated that it would certainly be acceptable and further that the lease when finaled would assure that all water & sewer, streets, setbacks would be addressed. It was noted that the Council had approved plan B which the plat represented. Councilman Wise made note of the zone and the lot sizes and asked if there were plans available for the type of buildings Mr. Lowry wanted and where they were to be placed on the lot., Mr. Labahn said no, none had been received. MOTION: Commissioner Bryson moved to approve resolution PZ83-57, Sprucewood Glen S/D with changes: Tern Avenue access onto Walker be removed from plat and a half cul-de-sac be provided, seconded by Commissioner Smalley. VOTE: Motion passed with Chairman Lewis, Commissioners Bryson, Smalley, and Zubeck voting yes, Commissioners Monfor, and Osborne voting no. KENAI PLANNING & ZONING COMMISSION Page 8 Special Meeting, August 31, 1983 Commissioner Smalley asked that. the lease application for Mr.Lowry be returned, Mr. Labahn stated that there were several changes that would be made, then returned. Commissioner Smalley asked that two items are of major concern, the time frame for construction and the zoning. This will be taken up at the next meeting. MOTION: Commissioner Smalley moved to request a vacation petition be submitted for the "C Street S.W." designation on the plat, seconded by Commissioner Osborne. 7. PLANNING None 8. OTHER BUSINESS a. City Council Report Councilman Wise reported that an ordinance concerning utility locations and ROW's was postponed, an ordinance adopted regarding the public usage of Candlelight Drive extended, an ordinance adopted for Off-Road Vehicles, Abandoned Vehicles, and a contract was awarded for the renovation of the boat ramp facilities. b. Borough Planning Report Commissioner Bryson informed the Commission that basically the Borough Planning Commission had reviewed the plats before the Commission this evening and they had been passed. c. Citv Administration Report Jeff Labahn reported that on behalf of Howard Hackney two violations, Hobby Excavating on 2nd and Spruce; and Kenai Hydraulic on 4th and Spruce had been sent a 30 day notice to cease operations. Both businesses have requested extensions as they are in the process of selling the property to relocate the businesses. The letter granting the extension stated the time to be one year or to expire September 1, 1984. A letter was in the packet from Mr. Fred Pomeroy concerning Section 36. The Commission requested that Jeff Labahn contact Mr. Pomeroy informing him that the Comprehensive Plan sets aside a portion of property for a school. KENAI PLANNING & ZONING COMMISSION Page 9 ~ Special Meeting, August 31, 1983 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 10. COMMISSION QUESTIONS & COMMENTS Commissioner Smalley asked if there was any information available concerning the landfill site since the contract is going to be up soon, Mr. Labahn stated that there was none to his knowledge. 11. ADJOURNMENT There being no further business, the meeting was adjourned. The next. regular meeting of the Planning Commission is Wednesday, September 14, 1983. Submitted by: (~~_~ ~' _` Janet Loper Planning Secretary Pr.ANNrNr_ ~. ~nr.T~r~ ,,,....._ _ _ - ~4~