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HomeMy WebLinkAbout1983-10-26 P&Z Minutes~, ~~®~~~ ~ KENAI PLANNING & ZONING COMMISSION Regular Meeting, October 26, 1983 Kenai City Hall Lee Lewis, Chairman AGENDA 1. ROLL CALL 2. AGENDA APPROVAL 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. Jim Swalley, Airport Manager (Requested by Commission) 1) Status of Airport Capital Projects 2) Airport Master Plan Study 4. PUBLIC HEARINGS a. Resolution PZ83-67: Land Use Plan Amendment for Lots 1-5, Block 1, Lots 1-9, Block 2, Strawberry Hills Estates from Medium Density Residential to Neighborhood Business b. Resolution PZ83-68: Rezone Lots 1-5, Block 1, Lots 1-9, Block 2, Strawberry Hills Estates from Rural Residential (RR) to General Commercial (CG) 5. APPROVAL OF MINUTES of October 12, 1983 6. OLD BUSINESS a. Proposed Amendments to Uniform building Code - Permits and Inspections - Ordinance 891-83 7. NEW BUSINESS a. Request to Purchase and Rezone City-Owned Lands - Portion of Government Lot 11, Section 31, T6N, R11W, S.M. 1 b. Discussion: Capital Improvement Program 1984-1985 8. PLANNING a. Discussion: Planned Unit Residential Development Draft Ordinance 9. REPORT a. City Council Report b. Borough Planning Report c. City Administration Report 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. COMMISSION QUESTIONS & COMMENTS 12. ADJOURNMENT ~ ~ ~ ll ~~//~~ a " . 2 cr` - '~ ~ b ~_~ ~~ KENAI PLANNING & ZONING COMMISSION Regular Meeting October 26, 1983 ~(..~`' Kenai City Hall `" Lee Lewis, Chairman 1. ROLL CALL Present: Lee Lewis, Phil Bryson, Bob Oleson, Ozzie Osborne, Hal Smalley Absent: Bill Zubeck, excused 2. AGENDA APPROVAL There were two additions; 7-b, Lease Review; 7-c, PZ83-69, preliminary plat. MOTION: Commissioner Bryson moved for approval of agenda with the additions, seconded by Commissioner Smalley. VOTE: There were no objections 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. Jim Swalley, Airport Manager 1) Status of Airport Capital Projects Current projects under contract include: 1) ramp overlay and itinterant parking extension, 2) paving all three parking lots. The second project is coming "out of pocket" rather than capital improvments. The overlay project should be done around June 1, 1984. Future Capital Improvment Projects include extending the main aircraft apron, extending the taxi way to the north, extending existing runway 2,000', and the float plane basin. Commissioner Smalley asked Mr. Swalley how many private tie-downs were at the airport, Mr. Swalley stated that, including the CAP there were approximately 70. None of the tie-downs are owned by the City. Commissioner Bryson asked how many of those were at CAP, Commissioner Olsen answered about 20 spaces were available, but only to active CAP members. Commissioner Bryson asked if the tie-downs were at capacity, Mr. Swalley answered that he has no figures available, Commissioner Oleson answered that CAP was not at ~ capacity. Chairman Lewis asked if there was a shortage of 1 KENAI PLANNING & ZONING COMMISSION Regular Meeting, October 26, 1983 tie-downs, Mr. Swalley answered that he had no figures available, but that the private pilot sector seemed to move around alot making it hard to establish need. Commissioner Smalley asked if there was a ski strip or if one was planned, the airport being so well maintained the regular runways being unusable for that purpose. Mr. Swalley stated that there were no plans, however the Council, chamber, and administration were studying the float plane basin question and this would provide a ski landing in winter. A project was started this summer to dig gravel for the road projects, however at that rate of digging,it will take several years to expand the basin. Commissioner Bryson asked where the access point would be, Mr. Swalley stated that either from 4th Avenue or a point near the cemetary, however this would be very tricky. Commissioner Bryson asked about the Airport Master Plan, Mr. Swalley pointed out that it was now 5 years old and is in the process of being updated by Bill Brighton. Commissioner Bryson asked if there was any recommendation from the Chamber, Mr. Swalley stated that the basin has been discussed but no recommendation has come forward yet. Councilman Wise asked Mr. Swalley why the runway was being extended. Mr. Swalley answered that there has been a long range plan for expansion for quite some time and also several requests have been made for owners of 747's. Councilman Wise stated that the runway was not made for that type of aircraft, Mr. Swalley pointed out that FAA feels that 2' of overlay should take care of the heavier aircraft, and further they feel it would be a good idea to plan ahead. Commissioner Oleson asked if constructing a float plane and perhaps tie-downs would generate money for the city instead of being a large maintenance cost. Mr. Swalley stated that once constructed it would generate revenue and would be low in maintenance. 4. PUBLIC HEARINGS a. Resolution PZ83-67: Land Use Plan Amendment for Lots 1-5, Block 1, Lots 1-5 Block 2, Strawberry Hills Estates from Medium Density Residential to Neighborhood Business This resolution was considered in conjunction with resolution below: 2 KENAI PLANNING & ZONING COMMISSION Regular Meeting, October 26, 1983 b. Resolution PZ83-68: Rezone Lots 1-5 Block 1, Lots 105 Block 2, Strawberry Hills Estates from Rural Residential (RR) to General Commercial (CG) Chairman Lewis called for comments from the public. Mr. Dale Sandahl came forward to speak requesting a definition of the zoning and their differences, it was explained by Mr. Labahn. Mr. Sandahl stated that he was "fearful of commercial development in a residential area", and asked how much land was available elsewhere for commercial development. Mr. Labahn explained that as far as city-owned lands, 15 to 20 lots are available for either commerical or industrial , however no figures for private lands. Mr. Sandahl stated that he was under the impression that the city was in the process of trying to dispose of lands. It is a strong opinion that should the city consider this when there is so much land aviilable already. Mr. Sandahl further stated that it will probably be a long time before city water & sewer come that far, consider the impact commercial businesses will make on the area since there are already problems in Thompson Park whether the rezoning goes through or whether large numbers of multi-family residences are constructed. Councilman Wise stated that the city has authorized a contract to study the feasibility of putting sewage systems across Beaver Creek. Mr. Sandahl asked that the Commission hold off on any decision until after the results of that study are in. Judy Salo, resident of Illiamna View S/D came forward to speak stating that she strongly opposes the rezoning, that the area is predominantly and historically single family residential. The long range zoning plan provided for residential zoning and can see no reason for rezoning to commercial. This area will grow and continue as a nice residential area, there is no necessity for commercial development in this particular location. Andrew Sarisky came forward to stated that he strenuously objected to the rezoning, calling it the "semi-annual get-together to change Strawberry Road". Mr. Sarisky pointd out that the plat for the subdivision was not yet finalled and it has not been discussed yet what conditions are needed for a rural classification for the subdivision. "The intent seems clear to 'make a buck"', and is clearly a case of 3 KENAI PLANNING & ZONING COMMISSION Regular Meeting, October 26, 1983 "strip zoning". Consider the Land Use Plan which designates the area as medium density residential, slot of money was spent in putting together this document. Mr. Ken Cusack came forward representing the petitioner and stated that "the Land Use Plan was not written in stone". Commercial land is not that available. There are concerns about having stores next to houses but the lots are large and there should be sufficient buffer. The stores will sit on the lots closer to the Spur rather than the back of the lots which are closer to houses. Concerning the water & sewer - there are different types of systems that can be adapted to suit businesses. Mr. Knutson is willing to work with residents. There is a general concern regarding trees, Mr. Knutson is willing to leave a major portion of trees. The businesses that are planned are not large 2 story buildings but will be of benefit to the area. Mr. Cliff Heus, resident of the area came forward stating it is his wish to retain the lots as residential. Mr. Heus presented a petition of residents against the rezoning and asked that it be made a part of the record. So recorded this date. Mr. Heus stated that this is a part of town setting, is scenic with nice houses and further that this would be spot zoning, on the surface not harmful but on the long term would lead to more and more businesses. There has been no need shown for new commercial land when other commercially suited land is available in the downtown area. Mr. Sarisky asked to speak to Mr. Cusack's comments stating that Mr. Knutson wanted to preserve the natural beauty, the city has no enforcement if he does not live up to his word. Already there is alot of chainsawing going on without permission. A culvert has been ripped out of the. street and trees are already down. MOTION: Commissioner Bryson moved to approval PZ83-67 with finding of facts: 1) there is adequate commercial property available 2) clearly a case of strip zoning 3) block 2 is not appropriate for commercial development as access is required from the interior. Councilman Wise noted the sequence of the resolutions and felt they should be reversed. It was established that one resolution would not need to be addressed (PZ83-67) if the other resolution failed (PZ83-68). 4 ~j KENAI PLANNING & ZONING COMMISSION Regular Meeting, October Z6, 1983 VOTE: Motion died for lack of second MOTION: Commissioner Bryson moved approval of PZ83-6S, Rezoning of Lots 1-5 Block 1 and Lots 1-9 Block 2, Strawberry Hills recommending incorporation of the following finding of facts: 1) there is adequate commercial property available 2) rezoning would constitute strip zoning, and 3) block 2 is inappropriate for commercial development, seconded by Commissioner Smalley. VOTE: Motion for approval fails with all Commissioners voting no. NOTE: PZ83-67 not voted on due to failure of PZ83-68. 5. APPROVAL OF MINUTES of October 12, 1983. MOTION: Commissioner Bryson moved approval of Minutes of October 12, 1 1983, seconded by Commissioner Smalley. VOTE: There were no objections 6. OLD BUSINESS a. Proposed Amendments to Uniform Building Code - Permits and Inspections - Ordinance 891-83 The Homebuilders Association present in the audience and Mr. Mark Passe of the Association presented a letter for submittal. Commissioner Bryson spoke to Howard Hackney in the audience referring to the letter from the Association stating that he did not endorse the ordinance change and asked Mr. Hackney to explain. Mr. Hackney stated that he only had problems with the firt part. Commissioner Bryson asked if it was the philosophy of requiring an as-built at the time of .issuing building permits, Mr. Hackney stated yes. Commissioner Bryson asked if there were any way Mr. Hackney could determine an encroachment at the time of applying for a building permit, Mr. Hackney stated that it was up to the surveyor. Mark Passe referenced the portion of the letter which cited the number of building permits issued versus the number of encroachments and stated ~ that if Mr. Hackney had a problem with determining the lot 5 KENAI PLANNING & ZONING COMMISSION Regular Meeting, October 26, 1983 line, it could be taped or walked off. Commissioner Bryson to Mr. Hackney - on a reasonably small lot, should you determine that there is enough room to build and it turns out that for some reason the lines were wrong, would the city attorney feel that the city would accept responsibility. Both Mr. Hackney and Mr. Passe stated that they have not spoken to the city attorney. Chris Keller of Alaska Title & Guarentee came forward to answer to the question "some agencies don't require an as-built survey." New homes, of which 98°b are financed through a lender, the major lender being Alaska Housing Finance Corp requires an as-built We use the as-built survey that Alaska Housing requires to determine if there is a problem. If there is, depending on what the problem is, we'll bring up an objection, a couple of which have come through this body. As far as an agency not requiring an as-built survey, the only one that I'm aware of is Farm Home. The reason they don't is because the title company goes out and inspects the property, we can find the corners and we can dertermine where the setbacks are and where the improvements are, if they don't violate, we don't require an as-built survey. If we cannot determine that, we will require an as-built survey. The Commission further discussed the issue with the final outcome being a discussion with the city attorney regarding the city's responsibility. MOTION: Commissioner Smalley moved to table the ordinance for the next 2 meetings, to be brought back at that time, Mr. Labahn to get with the Homebuilders Association and attorney, seconded by Commissioner Bryson. VOTE: Motion passed unanimously. 7. NEW BUSINESS a. Request to Purchase and Rezone City-owned Lands - Portion of Government Lot 11, Section 31, T6N, R11W, SM Jeff Labahn explained that a good faith deposit has been received for the referenced property and detailed his memo. 6 ~ KENAI PLANNING & ZONING COMMISSION Regular Meeting, October 26, 1983 Commissioner Bryson stated that he felt uncomfortable in that the property was being offered for sale without going to the public and second that the issue had not been before the other commission to establish a need for possible park lands. Jeff Labahn explained that part of the process for the sale of city owned lands is for the individual initiating the request to purchase is to open it up to the public and to respond to the second item, it can be referred to the Parks & Recreation Commission for their next meeting. b. Lease Review: Site Plan/Proposed Construction for Lots 5 & 6, Block 3, Cook Inlet Industrial Air Park S/D - Trading Bay Professional Building Phase II Carmen Gintoli, architect, had asked to be placed on the agenda. Mr. Gintoli is representing the developers of the property owners, Empire North. It was discovered that the lease of the referenced property specified return to Planning & Zoning should any expansion or changes in the character of the property be desired. Mr. Gintoli presented a plot plan, site plan, and exhibited that the parking requirement will more than adequately be met. Mr. Gintoli also had drawings of a phase III development, however phase III will not be considered unless all space in the phase II development is taken. Jeff Labahn pointed out to the Commission that a 2 year construction time would be appropriate. MOTION: Commissioner Smalley moved to adopt the site plan of the Trading Bay Professional Building Phase II to be completed by April 30, 1984, completion of phase III be October 1, 1985, seconded by Commissioner Osborne. VOTE: Motion passed by unanimous roll call vote c. Preliminary Plat: PZ83-69, Kinclaven S/D No. 2 Jeff Labahn explained that this had been brought in after the packet went out to the Commission. Noted in Staff Comments is the item concerning a building on lot 1. Commissioner Smalley asked if an as-built would be necessary, Mr. Labahn stated that just a revised plat showing the building would be acceptable. Commissioner Bryson stated that he was wary of the 25' panhandle for utilities as sometime later these are used as ROW's for the 7 KENAI PLANNING & ZONING COMMISSION Regular Meeting, October 26, 1983 larger lots that are eventually developed. Jeff Labahn stated that the way the subdivision is platted precludes any further subdivision of lot 3. Commissioner Bryson pointed out that the square footage of the lots do not add up. MOTION: Commissioner Smalley moved approval of PZ83-69 with incorporation of Staff Comments to include the subdivision plat to show existing buildings under construction,seconded by Commissioner Osborne. VOTE: Motion passed unanimously. The Commission took a 5 minute break d. Discussion: Captial Improvment Program 1984-1985 The Parks & Recreation Commission list was discussed. Mayor Wagoner informed the Commission that discussion would be reviewed continuously through the year, however the time schedule that was originally set has been moved forward by the Governor, the exact date is not yet known. Mayor Wagoner wants to see the CIP list get to a point where the list is available at any point in time. There are three main lists, 1) the City of Kenai, 2) a regional list, and 3) projects which benefit the state as well as city. Commissioner Bryson noted that such requests as the float plane basin and the library fluctuate greatly. Councilman Wise stated that a monthly or quarterly report from the Council to Commissions would keep all entities up to date. The Commission discussed some ideas for a list such as paving portions of the Spur Highway that lie inside the City limits, renovation of the jail, and water & sewer projects in developed rather than undeveloped areas. 8. PLANNING a. Discussion: Planned Unit Residential Development This item will return at the next meeting 8 KENAI PLANNING & ZONING COMMISSION Regular Meeting, October 26, 1983 9. REPORTS a. City Council Report Councilman Wise reported that the Council appropriated money to upgrade Thompson, Aliak, Princess, etc. The lease from Fisherman's Packing was tabled. The Commission and Councilman Wise discussed the lease and came to the conclusion that the lease would go before the Harbor Commission and then return to either the Council or the Commission. b. Borough Planning Report Commissioner Bryson informed the Commission that the rezoning of R.M. Thompson S/D was reviewed and approval was recommended to the Borough Assembly. c. City Administration Report Jeff Labahn informed the Commission that there would be a I work session with the Council on Mo~iday with the topics being the engineering proposals for Section 36 and capital improvement requests. The corner lot of Spur S/D No. 1 where the lease for the plumbing supply had been has been advertised for sale. Mr. Ron Malston has indicated interest in the lot. There has been a request to purchase both Tract D & E of Daubenspeck property. There is no indication of how the potential buyer wishes to develop the property. An agreement has been reached with the Kenai Native Association regarding the ROW on Wildwood Drive and Cook Inlet View Drive. The 120' portion from the entrance to the Wildwood Reservation to the Spur Highway. 10. JPERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. COMMISSION QUESTIONS & COMMENTS The question of quorum for December was discussed. It was agreed that. many Commissioners planned to be out of town ~ during that time. 9 i KENAI PLANNING & ZONING COMMISSION Regular Meeting, October 26, 1983 MOTION: Commissioner Smalley moved, to delete the December 28th seconded by Commissioner Osborne meeting from the schedule. VOTE: Motion passed unanimously The discussion turned to the empty seat yet to be filled on the Commission. Commissioner Smalley wished the Commission and Council to be aware that Dr. Turner very much wanted to return to the Commission and would give up his seat on the Library Commission. Councilman Wise stated that Dr. Turner should submit an application and make the Council aware that the Commission recommends Dr. Turner. Commissioner Smalley asked that this be made a part of the minutes. 12. ADJOURNMENT There being no further business, the meeting was adjourned. The next regularly scheduled meeting will be Wednesday, November 9, 1983 at 7:00 pm in the Council Chambers. Janet Loper, Secretary 10 Verbatim on Fisherman's Packing John Wise - An item I just want to touch upon, maybe Jeff will wnat to expand on, the lease application from Fisherman's Packers. It was tabled by Council. The, there was some difficulty about getting the river front property to these people and I have the, ah, I don't remember the exact landguage, maybe Jeff does, but it was felt that maybe we should go back, see if it would go back to ah, the lease. application that you passed as to the land to the west behind 'em. That the Council changed, I think the Council has withdrawn or is going to withdraw the requirement the drive be dedicated Jeff Labahn - No that's still there, that still stands Wise - we, all I know Jeff- I'm confused too John Wise - Obviously I don't know where it is. Bryson - I though when it came through here we recommended that ah, the ROW be platted along the ah, down an alley but part line rather than on the existing embankment. And the Council decided to not do that,. they approved the first, so they revised what we recommended and approved ah, the lease application, then they subsequently came back again and applied for the second parcel on the waterfront which we approved and now they're talk, talkin' arguing. about whether they should dedicate that the fill road or bring in access from the Wise - Jeff and I have ah, misunderstood, diversion to understanding I guess, probably remembers it more than I do cause Labahn - unfortunately it looks like we've .almost gone a total 360 on the. whole affair. I think you're right PHil, the first time areound we approved an inland 10 acre tract lying west of the property, the waterfront property they're already leasing. Ah, the recommendation by the Commission as I recall was to extend the dedication along, I believe it was a section line to the north Wise - yea Jeff - then it went to Council and the revision was made that Seacatch Drive essectially an existing road and beyond the formerly dedicated, ah, they did not, Fisherman's Packing did not feel comfortable with that 'cause that would actually subdivide the 10 acre tract that they wanted to lease on either side of the road, they would have to, you know, provide some fencing for security reason. for storage etc and they dropped that. What they did then was pursue the property to-the north the waterfront tract adjacent to theirs, ah it '~ was approved by this body and then it went to Council and the discussiojn at that point was "do they need the waterfront property for what they are propoposing" so at this point I have had some preliminary discussions with them and we're going to be getting together and seeing what we can work out. Smalley - one thing that I think. when ah, Mrs. Edelman spoke to us of the possibility of the eventually .putting in docking facilities I would assume that if they were applying for a lease that they would have some sort of development especially if they would put that kind of money into it. Jeff.- I think that, and again she .indicated to me over the phone the other day that that's they're long range intent that they would not only expand they're existing facility but but would go beyond it at some future date and ah, ah at any rate they are going to reitterate they're position and development scheme and and a letter outlining that and I suspect that will be going back before Council at they're next meeting, ah and as a courtesy to the planning commission I will keep you advised as far as what, what we are trying to work out. Smalley - I didn't realize the city was perhaps in the business of perhaps turning down or questioning leases, that would be of direct benefit to the city. Jeff - I was sort of taken off guard I didn't realize that there was going to be any particular controversy in the matter because well at least since I've been here there really hasn`t been ah, any serious inquiries on that property, ah ah there was there was an existing lease application that was retracted formally Bryson - I I feel very uncomfortable when ah, when these ah, harbor leases come before having been addressed by this body. They've got their own minds on these things and they are closer attuned to them and I think it's inappropriate to come to us before they've commented on it. Jeff - if that's the concensus of the Council I I we will do that from now on Lee - I think it would be a good idea. Smalley - as far as that goes any..... it .appears that what's happening to the harbor commission is what might be happening to us about capital improvmenets. As f~:r as being negated, ah may be one of their functions. Jeff - I think that's a good point. R Verbatim on Chris Keller - Alaska Title & Guarentee October 26, 1983 Chris Keller - Your question was, some agencies don't require an as-built survey, just to enlighten you briefly, what we do at a title company, most new homes today, my best guess is probably 98% are financed through a lender. The majority of the homes go through Alaska Housing Finance Corporation. They require an as-built survey. AS a title company, when we ensure a lender we issue what is called an ALTA Lenders policy of title insurance. It ensures the lender that the improvements, the dwelling, garage, whatever does not encroach on any setbacks or easements. We use the as-built survey that Alaska Housing requires to determine if there is a problem there or not. If there is, depending on what the problem is, we'1 bring up an objection to it and there were two cases, these were on older homes, I can't remember the names. that came up, not too long ago that I think have gone through here for variance. Ah, as far as an agency not requiring an as-built, the only one that I'm aware of is Farm Home. The reason they don't is because the title company, if we can go out and inspect the property we can find the corners and we can determine where the setbacks are and where the improve- ments are, if they don't violate, we don't require an as-built survey. If we cannot determine that, we will require an as-built survey. Cause our policy does insure that lender against any kind of encroachments. And that's basically what we do and if something does come up before title will transfer, its brought up right then and there and the majority of the new construction right now, its virtually next to nothing, maybe 2% or something would come up where there's a problem. Could I answer any questions. that you might have. If not thank you. Roll Call PLANNING & ZONING D Chairman Lee Lewis -Phil Bryson '~ a Bob Oleson (~) Y Ozzie Osborne Hal Smalley ~ ~ ~ ~ Bill Zubek ~ - i i