HomeMy WebLinkAbout1984-08-08 P&Z Minutes~~ KENAI PLANNING & ZONTNG COMMISSION
August 8, 1984
Kenai City Nall
Lee Lewis, Chairman
There will be a joint work session with Council, Parks do Recreation
Coadnission, Beautification Committee, and Planning Commission at 6:00 p.m.
AGENDA
1. ROLL CALL
2. AGENDA APPROVAL
3. PERSONS PRESENT SCHEDULED TO BE HEARD
a. Candy Sheeran - Day Care Centers
4. PUBLIC HEARINGS
a. Resolution PZ84-71: Rezone SW1/4, Sec. 30, T6N, R11W, S.M. --
Parsons SJD, Inlet Woods Add. - RR to RS
b. Resolution PZ84-72: Variance far Lots 1,5,&6, Hinkle-Murray ~C/D
Setback from Centerline - Gary Hinkle
c. Resolution PZ84-73: Variance for Lots 7&8, blk I, CIIAP S/D -
Front Yard Setback - W.M.Burnett
5. APPROVAL OF MINUTES of June 27, 1984
6. OLD BUSINE55
a. Resolution PZ84-68: Adopting Landscaping Standards
b. Resolution PZ84-62: Conditional Use Permit for 40 Townhouse Units
Parsons S/D, Inlet Woods Add. - McLane & Assoc.
c. Lease Application: Tract A, G.A.A. S/D - Kenai Air Alaska
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PLANNING COMMISSION AGENDA
~ August 8, 1984
Page 2
7. NEW BUSINESS
a. Preliminary Piat PZ84-74: Gusty S/D No. 3
b. Lease Application: Lot 8, Blk 20, Kenai Townsite - for Parking
Swarner/0'Connell
c. Discussion: Easement Across Parks & Recreational Lands - Gov't
Lot 157, S31, T6N, R11W, S.M.
d. Discussion: Request to Purchase City-Owned Lands - Gov't tot 11,
S31,T6N, R11W, S.M.
8. PLANNING
9. REPORTS
a. City Council
b. Borough Planning
c. City Administration
10. PERSONS PRESENT NDT SCHEDULED TO BE HEARD
11. INFORMATION ITEMS
a. Letter from U.S. Post Office
b. Anchor Trailer Court
c. Council Agenda 8/1/84
12. COMMIS5ION QUESTIONS & COMMENTS
13. ADJOURNMENT
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KENAI PLANNING & ZONING COMMISSION
August 8;. 1984
Kenai City Hall
Lee Lewis, Chairman
1. ROLL CALL
Present: All Commissioners Present
2. AGENDA APPROVAL
Agenda approved with the addition of 3b: Jess Hall - Concept Lease
Application
3. PERSONS PRESENT SCHEDULED TO BE HEARD
a. Candy Sheeran - Day Care Centers
Ms. Sheeran not in attendance
b. Jess Hall - Concept Lease Application
~ Mr. Hall explained that the owners of the Chrysler dealership have
been looking at opening a showroom in the Kenai vicinity and had
chosen a site on K-Beach Road, however, Mr. Hall found a piece of
property in Kenai which would be suitable and the Chrysler people are
interested. The property is at the corner of Kenai Spur Highway,
Marathon Rd., and Airport Way. Mr. Hall detailed the building and
showroom plans, and stated that this is concept only at this time.
The Commission recognized the need for rezoning and the need of the
Chrysler people to begin their process at the soonest since the
building season is drawing to a close, and agreed to a special
meeting. Since the application is incomplete, the Commission asked
for the completed site plan and application to return.
MOTION:
Commissioner Smalley moved, seconded by Commissioner Osborne, to
approve the concept lease application submitted by Mr. Hall.
VOTE:
Motion passed unanimously
4. PUBLIC HEARINGS
a. Resolution PZ84-71: Rezone SW1/4, Sec. 30, T6N, R11W, 5.M. -
Parsons S/D - RR to RS
~ This request would rezone the entire "Parsons homestead" and not the
parcels that have been split and platted. The zoning would be
P PLANNING COMMISSION
August 6, 1984
Page 2
consistent with the smaller lots and the City utilities.
Chairman Lewis opened the hearing to the public.
Mr. Nickolas Longhitano, resident of Woodland S/D came forward,
however, was confused on the issue, wishing to speak on the density
rather than the zoning and was asked to hold comments until the
townhouse portion later in the meeting.
Mike McLane came forward to detail the plans reitterating above.
MOTION:
Commissioner Bryson moved, seconded by Commissioner Smalley to
recommend approval of PZ84-71 to the City Council.
VOTE:
Motion passed unanimously.
Commissioner Bryson asked that the findings and analysis be added as
basis for approval.
b. Resolution PZ84-72: Variance for Lots 1,5,&6, Hinkle-Murray S/D
Setback from Centerline - Gary Hinkle
Commissioner Carignan asked why the setback requirement exists, Jeff
Labahn explained that it was done by the state to ensure safety and
possible expansion. Commissioner Carignan asked if the safety factor
or expansion factor would be affected by this variance, answer no.
There is space on the opposite side of the highway for expansion.
Chairman Lewis opened the hearing to the public.
Gary Hinkle came forward and stated that his parents had intended the
property to be used for commercial purposes, however, "the city is not
cooperating." The next logical step would be to class 1 housing,
however, Howard Hackney has not cooperated. The current market will
allow the sale of individual lots. Four lots front on Linwood and are
larger than the rest, if the variance is turned down will have to
forfeit 2 lots. The Commission questioned Mr. Hinkle as to the number
of lots he could live with, i.e. or if all lots (1,5,&6) were
necessary.
Paul Fiddler came forward stating that he was representing homeowners
in the vicinity and wished to present a petition against the variance
to the Commission. It is the feeling of the homeowners that there is
a safety factor involved. Single family dwellings on the lots are one
thing, but what is proposed is dense multi-family units with slot of
children.
Petition entered into the record.
PLANNING COMMISSION
August 8, 1984
Page 3
Gary Hinkle stated that measuring from the physical lot, no structures
are within 100' of the road.
Howard Hackney stated that he has no problem with the proposal except
that iot 5 be provided with a greenbelt. There are several trees
already on the property that could be used. Also, without measuring,
he did note that there are 6 buildings on the same side of the road.
Mr. Fiddler appealed to the Commission stating that one wrong doesn't
make a right (referring to the number of buildings and density). Mr.
Fiddler stated that he felt there should be a set of plans to review
before granting the variance as was done in others before this one.
This one is just a blank subdivision.
MOTION:
Commissioner Smalley moved approval of PZ84-72, variance for lots 1,5,
& b, seconded by Commissioner Osborne.
VOTE:
Motion passed with Commissioner Bryson abstaining due to business
~ reasons.
The Commission further discussed the size of lots.
MOTION AMENDMENT:
Commissioner Smalley moved to approve only lots 1&5, leaving lot 6
open per staff recommendation, seconded by Commissioner Osborne.
VOTE:
Mation failed with Commissioner Bryson abstaining.
c. Resolution PZ84-73: Variance for Lots 7&8, Blk 1, CIIAP S/D
Front Yard Setback - W,M. Burnett
Mr. Burnett gave a presentation complete with large drawings and a
scale model of his building. Mr. Burnett is planning on constructing
a 5 story building with a parking garage and elevator towers, a
structure which is unique to Kenai. Mr. Burnett is hoping to set a
standard in Kenai, making it a building and banking center on the
peninsula. Mr. Tom Lesny, developer, answer more technical questions
concerning the building. Mr. Burnett spoke on the current zoning
which is IL and which is not the way the core business area is
developing. It is the elevator tower portion of the building which is
in need of the variance.
Commission recessed for 7 minutes to view the structure.
PLANNING COMMISSION
August 8, 1984
Page 4
Commissianer Bryson asked that, for the record, he had requested Jeff
Labahn obtain the Land Use Plan for the area. While the use of the
area is mixed, the most appropriate zone would CG, the property is now
RS. Jeff Labahn explained that the plan indicates that the area is
office and manufacturing which may be interpreted to say it allows a
mixed use. There is a main corridor on Main Street which is profess-
ional offices. Chairman Lewis stated that the more appropriate step
would be to rezone the entire CIIAP since it had been discussed
before. Mr. Burnett stated that time was of the essence and while he
does not want to do something wrong, asked that the Commission not try
to correct problems that occurred in the past. The Commission
discussed the rezoning/variance further.
MOTION:
Commissianer Carignan moved to approve PZ84-73 with the comment that
this is t4 be done because of eminent rezoning of the area and the
time constraints placed on the applicant, seconded by Commissioner
Osborne.
VOTE:
Motion passed unanimously.
5. APPROVAL OF MTNUTES of July 25, 1984
Minutes were approved as submitted.
6. OLD BUSINESS
a. Resolution PZ84-68: Adopting Landscaping Standards
MOTION:
Commissioner Smalley moved, seconded by Commissioner Osborne, post-
ponement of this resolution pending further work sessions.
VOTE:
There were no objections.
b. Resolution PZ84-62A: Conditional Use Permit for 40 Townhouse Units
Parsons 5/D - Inlet Woods Add - McLane & Assoc.
Mike McLane came forward to explain his request. The original request
was for 40 units and is now for 60 units. The units are spread
throughout the subdivision instead of the higher density along Redoubt
Ave. Preliminary covenants will restrict the subdivision from
development of any more units that are not single family, and will be
along the lines of Woodland's covenants regarding tree removal. Notes
regarding development and building restrictions will be on file with
the city rather than just a note on a plat. Developers, several years
down the line, may not be aware of notes on plats, but the city will
PLANNING COMMISSION
August 8, 1984
Page 5
have the restrictions on file to safeguard those standards.
Commissioner Bryson stated that this is manipulating the townhouse
ordinance, but in a positive manner and approaches the PUD type of
development with a master plan which has been ignored. Commissioner
Carignan asked about development restrictions, Mr. McLane explained
that there is wording on the plat and on file which states that the
developer does not have to construct on the zero lot line approach,
and to build single family residences would take a resurvey.
MOTION:
Commissioner Zubeck moved, seconded by Commissioner Osborne to
approve PZ84-62A.
VOTE:
Motion passed unanimously.
c. Lease Application: Tract A, GAA S/D - Kenai Air Alaska
This is a returning item. Jeff Labahn passed out the revised site
plan to the Commission. The aircraft storage hangar has been replaced
by a hotel and would require further approval by FAA. Commissioner
Bryson asked if there were ANY plans for future airport expansion
whether it be terminal or parking. Mr, Labahn had spoken with both
Mr. Swalley and Mr. Ernst both indicating that any future expansion
would be to the north. Commissioner Bryson asked if the Council is
willing to go with a 20 year lease. Mayor Wagoner stated that there
was some discussion of turning the present terminal into a freight
warehouse and a new terminal on the north side of the tower, but that
is several years in the future. It was noted that the lease applica-
tion needs updating and a revised time table. Jeff Labahn stated that
if the council agrees with the concept, the lease could be revised and
brought back for final approval. Councilman Wise stressed that a
concept approval on FAA lands implies that the City wants to expend
City funds to proceed and to do so requires a concept approval from
this body.
MOTION:
Commissioner Bryson moved to recommend approval of revised concept
application and requests that a completed site plan be incorporated and
brought back and further request that the City begin rezoning of this
and adjoining property, seconded by Commissioner Carignan.
VOTE:
Motion passed unanimously.
7. NEW BUSINESS
a. Preliminary Plat PZ84-74: Gusty 5/D No. 3
PLANNING COMMISSION
August 8, 1984
Page 6
MOTION:
Commissioner Bryson moved approval of PZ84-74, seconded by
Commissioner Osborne.
VOTE:
Commissioner Zubeck expressed concern over the location of the lease,
wishing to ensure that vans would not be parking where they are now.
Jeff Labahn explained that these lots are located across the road
from the present location. Commissioner Lewis stated that it was a
question of safety, and hopefully, this lease would eliminate that
problem. Commissioner Bryson asked if there was any evaluation done
on the area to see if this is desirable as a long term. A lease is one
thing, a plat tends to last for generations and this would allow those
vans and that type of development for several more years than the
intended lease. The Commission questioned the formalization of the
ROW. Jeff Labahn stated that it has been requested to increase from
24' to 60' and does not mean that the street will be upgraded.
Motion passes unanimously.
b. Lease Application: Lot 8, Blk 20, Kenai Townsite - for parking
Swarner/O'Connell
The Parks & Recreation Commission reviewed and approved the concept
requesting provision be made for access to the beach. It was noted
that fencing had been proposed, perhaps instead an auto-stop could be
installed with a 10' buffer from the bluff, which would allow public
access. Mr. Swarner agreed. Commissioners Zubeck and Bryson discussed
drainage, underground utilities, and responsibility for utilities
agreeing that the City would probably not want to retain the rights.
MOTION:
Commissioner Bryson moved, seconded by Commissioner Smalley to
recommend approval of the concept lease application as described and
reserving a utility easement approved by public works and establish
10' pedestrian access easement along the easterly property line.
VOTE:
Motion passed unanimously.
c. Discussion: Easement Across Parks & Recreational Lands - Gov't
Lot 157, S31, T6N, R11W, S.M.
Jeff Labahn detailed the letter submitted by Dave Brown of Designer
Realty on behalf of Mr. Sterling Whaley. The Parks & Recreation
Commission sent a memo with recommendations against the proposal.
Commissioner Bryson asked if the City Attorney had made an opinion
PLANNING COMMISSION
August 8, 1984
Page 7
since there is a curb cut which might imply consent, no, however the
curb cut was done after 1967 and the state probably was not aware of
the patent.
MOTION:
Commissioner Carignan moved, seconded by Commissioner Osborne to
request Jeff pursue Brown's request for granting the use of the
easement per letter submitted by Mr. Brown.
VOTE:
Motion failed unanimously.
d. Discussion: Request to Purchase City-Owned Lands - Gov't Lot 11,
531, T6N, R11W, S.M.
Mr. Sipperly has indicated a continuing interest in the purchase of
this lot and although he could not be at the meeting, he has requested
consideration.
Commissioner Bryson voiced concerns over the fact that an individual
can request property and he then becomes the "favored party" in its
sale. As a community looking at 10 or 20 years down the road and
looking at a population of say 20,000, the City has sold or is selling
hundreds of acres, Parsons S/D, Section 36, etc., it does not make
good planning sense to be letting property go along a greenbelt, esp.
at this early stage of development. "I don't see any immediate use
other than general development, the individual is not harmed because
he has an awkward lot situation, he has no grandfather situation that
has created a hardship, and can see no positive reason for disposing
of this property." Commissioner Osborne stated that he felt the two
Commissions had covered this subject extensively before and asked why
the issue was back, Mr. Labahn stated that basically, the party wants
to see if the Commission might change its mind.
Commissioner Bryson stated that the last time this was discussed, he
had requested creation of some type of long term status for property
such as this, i.e. getting park lands into a park status making it not
so vulnerable to sale and development. Right now, conservation zone
is anything that doesn't fit into a category, its industrial, its
airport, its floodplains, its private and its public, its just about
anything.
MOTION:
Commissioner Carignan moved that Mr. Labahn initiate action for the
sale of Gov't lot 11 as described, seconded by Commissioner Osborne.
PLANNING COMMISSION
August 8, 1984
Page 8
VOTE:
Motion failed with Chairman Lewis, Commissioners, Bryson, Carignan,
Osborne, Smalley, and Zubeck voting no; Commissioner Oleson voting
yes.
8. PLANNING
None
9. REPORTS
a. City Council
Councilman Wise gave a brief report on the status of City projects.
b. Borough Planning
Commissioner Bryson stated that there has not been a Borough meeting.
c. City Administration
Jeff Labahn reported that the two competing potential lessees, Doyle
~ and Yamamoto would appear at the meeting of September 12th. Councilman
Wise stressed that it had been passed to the Commission by the legal
council.
Regarding the Anchor Trailer Court and the ROW or easement, a file has
been created and Mr. Labahn will be getting with the attorney. The
item should be before the Commission at the next meeting.
10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
City Manager Bill Brighton approached the Commission at the request of
the Mayor on the subject of rezoning the property requested for the
Chrysler dealership. The Commission wished to assist and set a
special meeting for the rezoning of the property for Friday, August
17th. Notices will be sent to the Commission and parties involved as
to specifics.
11. INFORMATION ITEMS
No questions or comments
12. COMMISSION QUESTION5 & COMMENTS
None
PLANNING COMMISSION
August 8, 1984
Page 9
13. ADJOURNMENT
There being no further business, the meeting was adjourned at 9:40
p.m.
Janet Loper
Secretary
PLANNING & ZONING COMMISSION
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