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HomeMy WebLinkAbout1983-09-14 P&Z Minutes'j KENAI PLANNING & ZONING COMMISSION Regular Meeting, September 14, 1983 Kenai City Hall Lee Lewis, Chairman AGENDA ~~ 1. ROLL CALL 2. PUBLIC HEARINGS a. Resolution PZ83-59, Rezone Portion of Section 36 lying West of Kenai Spur Highway - from Rural Residential (RR) to Suburban Residential (RS) - City of Kenai b. Resolution PZ83-60, Rezone Portion of Government Lots 42 and 51 lying south of Kenai Spur Highway between Linwood Lane and Candlelight Drive - from Suburban Residential (RS) to General Commercial (CG) - James H. Doyle 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES of August 31, 1983 5. OLD BUSINESS a. Lease Application: Portion of Lot 2, Spur S/D No. 1 Edwin Lowry (this item returns at request of Commission) b. Resolution PZ83-54, Conditional Use Permit for Portion of Gov't Lot 27, Sec. 34, for Day Care Center ** and Pre-School - Carolyn Cunningham 6. NEW BUSINESS a. Discussion: Planned Unit Development - Chris Reynolds b. Preliminary Plat: PZ83-58, Hall S/D 7. PLANNING 8. OTHER BUSINESS a. City Council Report b. Borough Planning Report c. City Administration Report d. Other .f KENAI PLANNING & ZONING COMMISSION Page 2 Agenda 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 10. COMMISSION QUESTIONS & COMMENTS 11. ADJOURNMENT ** Returning item: Resolution tabled at last meeting NOTE: Mr. Labahn is on vacation during this week and his comments are not available for the packet. Mr. Labahn will be present at the meeting. ...~®i ~i KENAI PLANNING & ZONING COMMISSION Regular Meeting, September 14, 1983 Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL R '~ ~ ~ ~ 1 ~ ~ J u~ ~~~ (~,"~ ,~ \ ~.: I ~~ Present: Lee Lewis, Phil Bryson, Chris Monfor, Bob Oleson, Ozzie Osborne, Hal Smalley, and Bill Zubeck. 2. PUBLIC HEARINGS a. Resolution PZ83-59, Rezone Portion of Section 36 lying West of Kenai Spur Highway - from Rural Residential (RR) to Suburban Residential (RS) - City of Kenai Jeff Labahn explained that this had been recommended by the Kenai City Council some time ago in anticipation of developing Section 36. A supporting issue would be to consider rezoning the top portion of the bluff only to suburban residential and rezoning the lower portion of the bluff area to conservation thus protecting it. Councilman Wise asked if this would affect the setnetters in this location, it would not. Mr. Ed Call asked to be heard from the public. Mr. Call owns property in Bush Lanes Subdivision which borders the proposed Section 36 development. Mr. Call stated that he felt that there should be no further development in the City of Kenai until all property owners are treated the same, i.e., there is free water and sewer for some people in the Candlelight/Linwood area for example, while other persons such as himself are still paying assessments. Further, that there had been, at one time, land set aside for schools. It was explained to Mr. Call that there was a piece of Section 36 on the other side of the Spur Highway that was currently owned by the Borough who would probably use it for that purpose. For further clarification, Councilman Wise explained that Section 36 was being developed in this manner to make the maximum use of existing water and sewer. Mr. Calvin Quandt asked to speak, stating that he also owns land in Bush Lanes Subdivision and protests development of the adjoining land. Lilac Lane is a mess and is not taken care of, but Walker Lane does. Only a select group get taken care of. All land should be developed privately. MOTION: ~ -~ UNt~FA~Oi~~D I ' 1 KENAI PLANNING & ZONING COMMISSION Regular Meeting, September 14, 1983 Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Present: Lee Lewis, Phil Bryson, Chris Monfor, Bob Oleson, Ozzie Osborne, Hal Smalley, and Bill Zubeck. 2. PUBLIC HEARINGS a. Resolution PZ83-59, Rezone Portion of Section 36 lying West of Kenai Spur Highway - from Rural Residential (RR) to Suburban Residential (RS) - City of Kenai Jeff Labahn explained that this had been recommended by the Kenai City Council some time ago in anticipation of developing Section 36. A supporting issue would be to consider rezoning the top portion of the bluff only to suburban residential and rezoning the lower portion of the bluff area to conservation thus protecting it. Councilman Wise asked if this would affect the setnetters in this location, it would not. Mr. Ed Call asked to be heard from the public. Mr. Call owns property in Bush Lanes Subdivision which borders the proposed Section 36 development. Mr. Call stated that he felt that there should be no further development in the City of Kenai until all property owners are treated the same, i.e., there is free water and sewer for some people in the Candlelight/Linwood area for example, while other persons such as himself are still paying assessments. Further, that there had been, at one time, land set aside for schools. It was explained to Mr. Call that there was a piece of Section 36 on the other side of the Spur Highway that was currently owned by the Borough who would probably use it for that purpose. For further clarification, Councilman Wise explained that Section 36 was being developed in this manner to make the maximum use of existing water and sewer. Mr. Calvin Quandt asked to speak, stating that he also-owns land in Bush Lanes Subdivision and protests development of the adjoining land.. Lilac Lane is a mess and is not taken care of, but Walker Lane does. Only a select group get taken care of. All land should be developed privately. MOTION: KENAI PLANNING & ZONING COMMISSION ~j Regular Meeting, September 14, 1983 Commissioner Bryson moved to approve PZ83-59 with the following modifications: 1) the area below the bluff top of the bluff line zoned conservation, 2) the area described above the bluff zoned suburban residential, seconded by Commissioner Smalley. MOTION AMENDMENT: Commissioner Osborne moved that the property west of the Spur Highway changed to RS zone be limited to single family dwellings rather than multi-family. Motion amendment died for lack of second. VOTE MAIN MOTION: Motion passed unanimously Commissioner Bryson wished it to be made a matter of record that there is nothing wrong with addressing the density of the property, however it should be dealt with at the development stage. b. Resolution PZ83-60, Rezone Portion of Government Lots 42 and 51 lying south of Kenai Spur Highway between Linwood Lane and Candlelight Drive - from Suburban Residential (RS) to General Commercial (CG) - James H. Doyle Mr. Doyle came forward to answer questions from Commission and public. Chairman Lewis asked Mr. Doyle if the land that is proposed for rezoning includes his business and further if it includes any property not his own, Mr. Doyle answered that it was his property, that his business is included by none other. Commissioner Bryson stated that the surrounding area is primarily residential and if Mr. Doyle had any plans for enlarging his business, Mr. Doyle answered no. Chairman Lewis asked Mr. Labahn if this were not clearly spot zoning, Mr. Labahn answered yes, however, it is also a non- conforming use as the business has existed some time prior to the zoning ordinances and that this rezoning gives the owner flexibility in the use of his land. Chairman Lewis asked a hypothetical question: what if Mr. Doyle decides to sell or lease his land, this zoning goes with the land not the applicant, therefore would the new owner be able to put any. of business on this lot; answer yes. However, the land use plan is not to be altered which means that the neighborhood will be retained as residential. > MOTION: Commissioner Zubeck moved to adopt PZ83-60, rezone Mr. Doyle's property, seconded by Commissioner Osborne. KENAI PLANNING & ZONING COMMISSION Regular Meeting, September 14, 1983 MOTION AMENDMENT: Commissioner Smalley moved to add the stipulation that the land use plan not be amended, seconded by Commissioner Bryson. VOTE MOTION AMENDMENT: Motion passed by unanimous roll call vote VOTE MAIN MOTION: Motion passed unanimously 4. APPROVAL OF MINUTES of August 31, 1983 Minutes were approved as submitted 5. OLD BUSINESS a. Lease Application: Portion of Lot 2, Spur S/D No. 1 Edwin Lowry Jeff Labahn explained that this is a returning item from the last meeting at the request of the Commission. Mr. Lowry's plat was reviewed at the last meeting raising some questions. The critical element at this time is the that the potential lessee will not be allowed to continue the development until plans are approved both for the commercial and residential aspects and improvements for water, sewer, and roads are met. The cost of the surveying, etc. will be split between the lessee and the City of Kenai. Chairman Lewis asked if the property would have to be ,rezoned before allowing the residential development, Mr. Labahn explained that the development would be restricted to an urban residential zone. Commissioner Bryson asked if Mr. Lowry would not be circumventing the procedures if he were allowed to develop without the rezoning. MOTION: Commissioner Smalley moved to direct administration to initiate the rezoning process to rezone lots 1 - 13, Block 1, Spur S/D No. 1 reference: lease application of Edwin Lowry, from General Commercial to Urban Residential, seconded by Commissioner Bryson. VOTE: Motion passed with Chairman Lewis and Commissioners Bryson, Monfor, Oleson, Smalley, and Zubeck voting yes, Commissioner Osborne voting no. b. Resolution PZ83-54, Conditional Use Permit for Portion of Gov't Lot 27, Sec. 34, for Day Care Center and Pre-School - Carolyn Cunningham KENAI PLANNING & ZONING COMMISSION Regular Meeting, September 14, 1983 MOTION: ° Commissioner Bryson moved to take PZ83-54 from the table, seconded by Commissioner Smalley. VOTE: Motion passed unanimously. Jeff Labahn explained that Ms. Cunningham had been contacted to bring the material requested by the Commission to this meeting. Submitted and before the Commission were two letters of non-objection from the two ladies at the last meeting from the East Kenai Church of Christ, a drawing of the church and property in question not drawn to scale, and a letter stating that Ms. Cunningham would not operate the dance studio. There still remains the question of access and circulation within the lot; the City of Kenai would be remiss if the CUP were granted, it would in effect grant the use of private property. Commissioner Smalley stated that it would be in her best interest to have a legal document granting permission from the church for the use of their property since persons within the church change. It was noted by the Commission that Mrs. Doris Reynolds, aunt to Carolyn Cunningham was shown to be the actual applicant, that Carolyn Cunningham has been acting on her behalf. MOTION: Commissioner Bryson moved to approve PZ83-54 addressing item 7, approval to be contingent upon receipt of written approval from the East Kenai Church of Christ for use of the property access and filing of same, seconded by Commissioner Monfor. VOTE: Motion passed unanimously. Jeff Labahn asked Commissioner Bryson his intent, Commissioner Bryson explained that his intent was that it be an easement between the applicant property and church property and not for public use. 6. NEW BUSINESS a. Discussion: ,Planned Unit Development - Chris Reynolds Chris Reynolds is a property owner in VIP Subdivision. It came to her attention, when a group of apartments was constructed in her area, that there are only two types of residential zoning and that both types allow for ,) multi-family dwellings to be developed in subdivisions where single family dwellings are already established. Mrs. Reynolds expressed the desire to have an ordinance KENAI PLANNING & ZONING COMMISSION Regular Meeting, September 14, 1983 introduced which would protect the single family home owner with a vacant lot next door from having a multi-family dwelling built there. A zone should be set aside for single family dwellings, one for multi-family dwellings and one that would allow both. Mrs. Reynolds pointed out that there was no notice that multi-family dwelling units were to built there, Chairman Lewis explained that under the code, there is no hearing or notification required. Councilman Wise stated that a 1977 proposition was submitted to the Borough which would amend the zoning code to limit uses of property, however it was defeated, the rationale being that the owners of large parcels wanted the freedom to develop it as they wished without restrictions on number of units. Mr. Calvin Quandt spoke, stating that the City of Kenai has too many restrictions already and is "chasing people out to Soldotna". Mr. Norm Samples, property owner in Central Heights S/D stated that he had purchased his home some time ago when the subdivision was all single family residences, however there are several apartment buildings there now and also wants to see some restrictions to protect those persons who buy single family homes and expect the neighborhood to remain that way. Mr. Sample further stated that he had seen the plans for the development of Spur No. 1 is feels that the traffic created by the number of units going in is prohibitive. There is already a problem with the traffic and the addition of the new units will make it that much worse unless another access is planned. The homeowners along Walker Lane are upset. Appraisals of homes in that area have shown property values decreasing with the addition of the apartments. b. Preliminary Plat: PZ83-58, Hall S/D Jeff Labahn commented that if city water and sewer are planned for lot 5, a 20' easement needs to be prepared to come from the Birch Street side. Commissioner Zubeck asked if Mr. Hall would have to repair the street that would be torn up to provide for the 5 stub outs to those lots, answer yes. Commissioner Bryson inquired the status of the building on the lot, it is not shown. Mr. Labahn stated that it is a non-conforming use and not germain to the plat, however, its location should be noted. MOTION: ! Commissioner Smalley moved to approve PZ83-58 with correction of negative findings, incorporating the staff comments, with minimum access of 20' for water and sewer KENAI PLANNING & ZONING COMMISSION '•~ Regular Meeting, September 14, 1983 service to lot 5, seconded by Commissioner Monfor. VOTE: Motion passed unanimously. 7. PLANNING None 8. OTHER BUSINESS a. City Council Report Councilman Wise reported that the Council passed an ordinance creating a 100$ assessment district in the area of 4th and Sears Elementary. b. Borough Planning Report Commissioner Bryson reported that the rezoning for the F.A.A. lands passed, and that the Commission concurred with the City on the rezoning of Section 35, submitted by Mr. Foss. ~ c. City Administration Report Jeff Labahn reported that the persons who leased lot 3, block 2 of CIIAP S/D, Henrickson, Kirckoff, and Schreck, have been given 30 days to find a solution. This is the lot that had been leased over a year ago, was cleared, and then left for that year. Section 36 proposals were to be submitted by 9/6/83. Eight proposals were submitted, Mr. Labahn has not had a chance to review them. The proposals are to be awarded at the next Council meeting. The 9/28/83 oil and gas sales includes some lands within the city limits. The townhouse ordinance is scheduled to go before the assembly If it passes, adds will run in the paper and notices will be made available to builders. 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 10. COMMISSION QUESTIONS & COMMENTS ~ Commissioner Monfor asked if any further word was available concerning the restaurant on the bluff, they are still waiting for release from F.A.A. KENAI PLANNING & ZONING COMMISSION "~ Regular Meeting, September 14, 1983 Concerning the bowling alley, Mr. Labahn explained that the financing has been approved, however, they are having problems with suppliers of bowling equipment and the glue for the laminated beams. The Commission further discussed the Lowry proposal for Spur S/D No. 1. 11. ADJOURNMENT There being no further business, the meeting was adjourned. The next regular meeting of the Commission will be Wednesday, September 28, 1983 at 7:00 pm. Submitted by: I l Janet Loper Planning Secretary PLANNING & ZONING COMMISSION Roll Call f ~ ~ ,` ~~~ ~ ~ ~ i~ . ~. C,`~ ~~ ~:a ~^~~ ~~ ~~ ~ ~ Chairman =Lee Lewis -Phil Bryson ~ ~~~ ~ ~ ~~ 1, ~` Chris Monfor .` ~~ ';'} Bob Oleson ~~~ Ozzie Osborne ``~ ~ ~' Hal Smalley ~%` Bill Zubek -