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HomeMy WebLinkAbout1984-01-25 P&Z MinutesCITY OF KENAI P. O. BOX 580 KENAI, ALASKA 99611 TELEPHONE 283 • 7535 January 19, 1984 T0: Kenai Planning & Zoning Commission FROM: Janet Loper, Secretary SUBJECT: Work Session The Kenai City Council has requested a join work session with the Planning Commission to,beg.n at 6x00 pm on Wednesday, January 25, 1984 - befo°re the regular Planning Commission meeting. The subject of the work session will be Section 36 Development. ~~" ,. ~:~- ~~; "4~ KENAI PLANNING & ZONING COMMISSION Regular Meeting, January 25, 1984 Kenai City Hall Lee Lewis, Chairman 6:00 pm - 7:00 pm Joint Work Session with Kenai City Council: Section 36. Please bring your Section 36 Preliminary Concept Design book. AGENDA 1. ROLL CALL 2. AGENDA APPROVAL 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. Carl VanBuskirk - Ski Trails Presentation 4. PUBLIC HEARINGS a. Partial Vacation for Utility Easement within Lot 3A1, Block 1, Spur S/D No. 7 - Uptown Motel 5. APPROVAL OF MINUTES of January 11, 1984 6. OLD BUSINESS a. Discussion:Ordinance 891-83: Building Survey Requirements 7. NEW BUSINESS a. Lease Application: Lot 2, Block 1, CIIAP S/D - Ron Dolchok for Office Building b. Preliminary Plat PZ84-2: Whyatt S/D Revised c. Preliminary Plat PZ84-3: Hayes-Schmidt S/D, Replat of Lots 1&2, Keith S/D d. Preliminary Plat PZ84-4: Shamrock S/D, Sub of Lots 1-5 Block 1, Donnybrook S/D n ~4 1 PLANNING COMMISSION AGENDA Jan. 25, 1984 Page 2 e. Preliminary Plat PZ84-5: Shillelah Circle S/D, Sub. of Lots 6-10, Block 1, Donnybrook S/D f. Preliminary Plat PZ84-6: Blarney Circle S/D, Sub of Lots 1-2, Block 2, Donnybrook S/D g. Preliminary Plat PZ84-7: Brannigan Circle S/D, Sub of Lots 6-10, Block 2, Donnybrook S/D h. Vacation of Utility Easementon Tract D, Daubenspeck Property S/D - City of Kenai 8. PLANNING 9. REPORTS a. City Council Reports b. Borough Planning Report c. City Administration Report 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS a. Building Permits Issued 1983 b. Discussion: Revisions to Townhouse Ordinance 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT KENAI PLANNING & ZONING COMMISSION, JANUARY 25, 1984, 7:00 PM KENAI CITY ADMINISTRATION BUILDING CHAIRMAN LEE LEWIS PRESIDING 1. ROLL CALL .> ^ ~ ~' REGULAR MEETING, MINUTES Present: Lee Lewis, Phil Bryson, Bob Oleson, Ozzie Osborne, Hal Smalley, Bill Zubeck Absent: None 2. AGENDA APPROVAL MOTION: Commissioner Smalley moved, seconded by Commissioner Bryson, to approve the agenda as submitted. 3. PERSONS PRESENT SCHEDULED TO BE HEARD 3-a Carl VanBuskirk - Ski Trails Presentation Mr. VanBuskirk explained he is a Life Scout with Troop 357, working on his Eagle Rank. His activity has to benefit the community. He chose to do a ski trail. It would be by the Oilers ball park. It would be 5-1/2 miles long, would require little clearing, it is near an established ski trail. One section runs through State land, he has approval from the State. Now he needs City approval. He has approval from the Recreation Commission, and was referred to P&Z. Commissioner Smalley noted it would be good utilization, the City residents have expressed interest in having one, and it is in a flat area. Mr. VanBuskirk noted he would have help from the Rotary, the YCC in Soldotna would do the signs. The time table would be about 3 weeks. Commissioner Smalley asked Land Manager Labahn if he had any problems. Mr. Labahn explained originally it had been on Native lands, they worked out an amendment. We do not need written permission from the State, it is for public use. They are deeded lands. Mr. VanBuskirk added, it is about 5 miles circumference. MOTION: Commissioner Smalley moved, seconded by Commissioner Osborne, for approval of Mr. VanBuskirk's ski trail presentation to be sent on to Council for approval. Motion passed unanimously by roll call vote. Commissioner Smalley noted Mr. VanBuskirk should be commended for the proposal. It is good to see youth concerned about the community. KENAI PLANNING & ZONING COMMISSION l1 JAN. 25, 1984 Page 2 4. PUBLIC HEARINGS 4-a Partial Vacation for Utility Easement Within Lot 3A1, Block, 1, Spur S/D No. 7 - Uptown Motel There was no public comment. Land Manager Labahn reviewed the situation. When the motel was constructed on City leased lot, there was a slight encroachment on City sewer easement land. The lessee is requesting a portion be vacated (about 5 inches). In August 1983, City Manager Brighton signed a grant of easement, but the lessee was advised this did not legally and formally vacate the easement. The State and Borough have procedures to adhere to. It has gone to the Borough, it will go to Council. This is just advisory. Chairman Lewis said Engineer LaShot suggested the City should have some insurance from the lessee that the City would not be held liable for any damages to his structure in case of excavation. Mr. Labahn added, there was correspondence between Engineer LaShot, Atty. Rogers and the lessee that the City would not assume any liability. The other thing to consider is that as part of the grant of easement, the lessee was willing to enlarge the southeast boundary by 5 ft. It may give the City more room to maneuver. Chairman Lewis asked, how did this happen? Mr. Labahn explained, they were aware of it because it was on the plat. It was an error on their part. The City is not responsible. He talked to the surveyors and they said there was no building survey commissioned by the builder. He noted there was plenty of room for it there. Commissioner Zubeck asked if the stairs included in the 5 inches. Chairman Lewis replied, just the building itself. Building Inspector Hackney said the stairs are in a concrete pad. He added he was concerned about excavation, what would be done with the stairs? Commissioner Bryson noted, if we take the 5 ft. easement on the other side, the City would have to do everything possible to keep it from sloughing. A 20 ft. easement is just enough to open up a trench. Commissioner Zubeck estimated the sewer in the easement to be about 14-15 ft. Commissioner Oleson asked how it could happen in a new building. Mr. Labahn replied, the developer did not stake out the building. Commissioner Smalley said, this is one of the things discussed at P&Z. It could have been prevented if there was a policy to follow to prevent it. Commissioner Zubeck asked Mr. Hackney if he checked the building to see if they are properly set back. Mr. Hackney replied no, it `~ KENAI PLANNING & ZONING COMMISSION JAN. 25, 1984 Page 3 is their responsibility. Commissioner Zubeck said on commercial buildings, they have to have the building line established before they start the foundation. MOTION: Commissioner Zubeck moved, seconded by Commissioner Bryson, to adopt Land Manager Labahn's recommendations, with the stipulation that the City not be held liable for any damages to the structure if any repairs have to be done. Commissioner Smalley asked Mr. 891-83, if there has been an i fine? Mr. Labahn replied yes, the Borough zoning ordinance. that the most severe action be time after time. It is not in City. Labahn, regarding Ord. nfraction, would there be a it would be established by Commissioner Smalley asked taken. He has had difficulty the best interests of the -MOTION, Amendment: ~ Commissioner Smalley moved, seconded by Ozzie Osborne, to amend the motion to read, an additional five feet of the southeast boundary be dedicated by the lease holder. This is no way negates the statement that the City is not liable should excavation be required. VOTE, Amendment: Motion passed unanimously by roll call vote. VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. MOTION: Commissioner Smalley moved, seconded by Commissioner Oleson, to recommend that Administration take proper action to file for compliance and execute existing Code to the court system to resolve the problem as the Code speaks to it, with the maximum fine per day. VOTE: Motion passed unanimously by roll call vote. ~ Mr. Labahn said he would review the matter with Atty. Rogers. Councilman Wise said this applied to setbacks also. He added he did not think the City should: apply the `,) KENAI PLANNING & ZONING COMMISSION JAN. 25, 1984 Page 4 maximum. The builders will realize they will be hit and will take more care. Commissioner Smalley explained he asked for the maximum so the City could not be accused of preferential treatment by setting different fees. Commissioner Bryson asked about the stairs. Mr. Labahn replied, the stairs should be encompassed in the definition. If the City has to rip out the stairs, that is his responsibility. Councilman Wise noted if excavating had to be done, the stairs would not be safe, Mr. Lowry would have to close the upstairs. Mr. Labahn said it will be at the Feb. 1 meeting of Council. He added, Atty. Rogers sent a letter to the lessee's attorney, stating the City would require Mr. Lowry to assume any liability and would move the stairs at his expense. 4-b Vacation of Utility Easement on Tract D, Daubenspeck Property S/D - City of Kenai MOTION: Commissioner Bryson moved, seconded by Commissioner Smalley, ~ to move item 7-h to 4-b, as this requires a public hearing. Motion passed by unanimous consent. There was no public comment on the easement request. Land Manager Labahn explained, when Spruce Glenn was approved, this was left out. There is equal or better access on Spruce Glenn and this is not needed. MOTION: Commissioner Bryson moved, seconded by Commissioner Smalley, to recommend vacation of utility easement of Daubenspeck property. Motion passed unanimously by roll call vote. 5. APPROVAL OF MINUTES, January 11, 1984 No action was taken, as they were not in the packet. 6. OLD BUSINESS 6-a Discussion - Ord. 891-83 - Building Survey Requirements Land Manager Labahn explained, at the last P&Z meeting, he was asked to make some changes. The original ordinance required 2 building surveys, one was kept in. He contacted KENAI PLANNING & ZONING COMMISSION JAN. 25, 1984 Page 5 Soldotna public works director, he told Mr. Labahn their approach was similar to Kenai's; but they did not amend the Building Code. Mr. Labahn kept it in ordinance so any affected party could be notified. It is Code, not policy. Councilman Wise asked Building Inspector Hackney if the City requires certification of occupancy for every inhabited structure. Mr. Hackney replied, the Uniform Building Code does not require one for houses. Councilman Wise asked if it would be desirable to have an as-built required for certification of occupancy. Mr. Hackney replied, banks require it for houses. When they get their final inspection they get certification of occupancy. MOTION: Commissioner Bryson moved, seconded by Commissioner Smalley, to recommend approval of substitute ordinance 891-83 to Council. Motion passed unanimously by roll call vote. MOTION: Commissioner Smalley moved, seconded by Commissioner Osborne, that an amendment to the Borough Zoning Code be recommended to the Borough. Motion passed unanimously by roll call vote. 7. NEW BUSINESS 7-a Lease Application - Lot 2, Block 1, CIIAP S/D - Ron Dolchok for Office Building Land Manager Labahn said the application appears to be in order. The FAA form has to be filled out regarding the height of the structure. Mr. Dolchok said it is just for an office. He asked that when the City has an appraisal, that this is a flood area and will require fill. Mr. Labahn noted it is several feet below street grade. He asked Mr. Dolchok if he would complete the work this year, Mr. Dolchok said yes. There are 3 floors, he did not know if he would get the 3rd one on this year. Mr. Labahn noted FAA approval would not affect P&Z approval. MOTION: Commissioner Bryson moved, seconded by Commissioner Smalley, to recommend approval of the Dolchok lease. KENAI PLANNING & ZONING COMMISSION JAN. 25, 1984 Page 6 Motion passed unanimously by roll call vote. 7-b Preliminary Plat PZ 84-2 - Whyatt S/D Revised Land Manager Labahn said he had revised the layout per request of Administration and P&Z. There is an existing house in the lower 1/2 of the subdivision. We need to make sure there is no encroachment. There are no assessments on the property. The Borough has conditional approval. MOTION: Commissioner Smalley moved, seconded by Commissioner Osborne, to recommend approval with the addition of Administration that the plat must leave existing house on lot 93 and the street change. Motion passed unanimously by roll call vote. 7-c Preliminary Plat PZ 84-3 - Hayes-Schmidt S/D, Replat of Lots 1&2, Keith S/D ~ Land Manager Labahn said attempts have been made to rectify the problem by letter, Administration is concerned regarding the name change. MOTION: Commissioner Bryson moved, seconded by Commissioner Osborne, for approval with Administration comments. Motion passed unanimously by roll call vote 7-d Preliminary Plat PZ 84-4 - Shamrock S/D, Sub of Lots 1-5, Block 1, Donnybrook S/D Land Manager Labahn explained the next 4 items deal with adjacent pieces of property. In this one, they would like to change the name to Shamrock. There are no assessments. Commissioner Bryson said the Borough will comment on the 50 ft. roadway, it does not mesh with the lot it is fronting on. He added, there is a limit of 6 lots on a 50 ft. right of way. MOTION: Commissioner Smalley moved, for approval with correction of negative findings and Administration comments. '~ KENAI PLANNING & ZONING COMMISSION JAN. 25, 1984 Page 7 There was no second, but with unanimous consent of members, a second is not needed. MOTION, Amendment: Commissioner Bryson moved, seconded by Commissioner Osborne, to propose deletion of comments of the building inspector. Mr. Labahn said if all problems were resolved, we could make a single final plat. There are different owners. VOTE, Amendment: Motion passed unanimously by roll call vote. VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. 7-e Preliminary Plat PZ 84-5 - Shillelah Circle S/D, Sub. of Lots 6-10, Block 1, Donnybrook S/D Land Manager Labahn said we need an installation agreement, there are assessments due. MOTION: Commissioner Smalley moved, seconded by Commissioner Osborne, to approve the plat with correction of negative findings and Administration comments, including collection of past due assessments. Motion passed unanimously by roll call vote. 7-f Preliminary Plat PZ 84-6 - Blarney Circle S/D, Sub of Lots 1-2, Block 2, Donnybrook S/D Land Manager Labahn said there was a name change, an installation agreement, a street name change and a re-zoning of the subdivision. MOTION: Commissioner Bryson moved, seconded by Commissioner Osborne, to approve the plat with corrections of negative findings and comments of the Land Manager and general comments. Motion passed unanimously by roll call vote. KENAI PLANNING & ZONING COMMISSION ~ JAN. 25, 1984 Page 8 7-g Preliminary Plat PZ 84-7 - Brannigan Circle S/D, Sub of Lots 6-10, Block 2, Donnybrook S/D Land Manager Labahn recommended approval subject to name change, installation agreement and contingent on re-zoning. MOTION: Commissioner Smalley moved, seconded by Commissioner Osborne, to approve the plat with correction of negative findings and comments of Land Manager and general comments Motion passed unanimously by roll call vote 8. PLANNING Commissioner Smalley asked, regarding Section 36, is the preliminary plat ready? Land Manager Labahn said he would have it for the next meeting. It will not hold up the schedule. ~ 9. REPORTS 9-a City Council Reports Councilman Wise reported the lease application to Fisherman's Packers was approved. 9-b Borough Planning Report Commissioner Bryson reported the 5 plats reviewed by P&Z this date were approved by Borough P&Z. They reviewed a proposed ordinance for disposal of timber on Borough property. 9-c City Administration Report Land Manager Labahn noted the Information Items in the packet. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS 11-a Building Permits Issued 1983 None '~,~~ KENAI PLANNING & ZONING COMMISSION JAN. 25, 1984 Page 9 11-b Discussion - Revisions to Townhouse Ordinance Land Manager Labahn said the Code will be amended. Regarding transfer of zoning to City, P&Z will want to review. He will report at the Feb. 8 meeting. 12 COMMISSION COMMENTS & QUESTIONS a. Commissioner Smalley asked about the vacant position on the Commission. b. Commissioner Smalley asked if Mr. Lowry's lease payment has been made current. Land Manager Labahn replied yes. 13 ADJOURNMENT MOTION: Commissioner Smalley moved, seconded by Commissioner Osborne, to adjourn the meeting. Motion passed by unanimous consent. MEETING ADJOURNED AT 9:10 PM. 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