Loading...
HomeMy WebLinkAbout1984-09-26 P&Z Minutes~ KENAI PLANNING & ZONING COMMISSION September 26, 1984 Kenai City Hall Lee Lewis, Chairman ........................................................................................ rid ~~p~~~~~~!n::::: ., ~~ :~~`:_.. AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCWEDULED TO BE HEARD a. Community Center Community Center Committee Carmen Gintoli, Architect 4. PUBLIC HEARINGS * a. Resolution PZ84-79: Rezone Portion of CIIAP S/D from Light Industrial to General Commercial * b. Resolution PZ84-80: Rezane Tract F-1, Sprucewood Glen S/D No. 2 Include Review of Revised Site Plan and Lease Amendment * c. Resolution PZ84-83: Amending Kenai Zoning Code to Establish Validity Period for Conditional Use & Variance Permits S. APPROVAL OF MINUTES of September 12, 1984 6. OLD BUSINESS * a. Competitive lease Applications: Lot 4, Block I, Gusty S/D No. 1 Ronald Yamamoto and Patrick & Mary Doyle b. Kenai Plaza Revised Site Plan lease Amendment 7. NEW BUSINESS a. Lease Application: Lot 3, Baron Park S/D - Sandwich Shop - David & Mary Swenor b. Lease Review: Site P1anlProposed Construction for Lot 1, Blk 4, GAR #1 - Dave Diamond d/b/a 5outhCentral Air PLANNING COMMISSION September 26, 1984 Page 2 c. Vacation of Utility Easement: Between Lots 4-C and 4-D, Alyeska S/D, Merit Add. (Z easements) d. Vacation of Section Line Easement: Baran Park S/D and Unsub- divided Airport Lands e. Vacation of Utility Easement: Meeks 5/D, Evergreen Grove Addition f. Anchor Court Trailer Park - Public Use Easements 8. PLANNING a. Resolution PZ84-84: Restricting Construction of Buildings on Interior Lot Lines - Howard Hackney, Building Inspector 9. REPORTS a. City Council b. Borough Planning c. City Administration ~ 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS Council Agenda Letter to Kenai Peninsula Borough - Requesting Assistance to Update Comprehensive Plan Redevelopment Planning Study for Old Towne & East Addition 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT ...........................................................................................................g..............................~.........................g.............................................~....,.........................,.............. KENAI PLANNING & ZONING COMMISSION September 26, 1984 Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Present: Lewis, Bryson, Carignan, Osborne, Smalley, and Zubeck Absent: Oleson, Excused 2. APPROVAL OE AGENDA Chairman Lewis requested item 6-a be moved between items 2 & 3; delete item 7-a. Agenda approved with the changes 6.-a Competitive Lease Applications: Lot 4, Blk 1, Gusty S/D No. 1 Ronald Yamamoto/Patrick & Mary Do le Chairman Lewis opened the meeting to either representative of the parties. Chairman Lewis reminded the parties that the Commission was to consider not the legality of the applications but rather if they meet the criteria presented. Mr. David Clark came forward, representative of Mr. Yamamoto stating that a look at the application as it would benefit the City of Kenai will show that Mr. Doyle's application for a car wash and gas pumps; when driving through the downtown area, there are quite a few gas pumps already. The maximum value is $75,000, maximum employment shows a question mark, but taking a rough guess, perhaps 4 at the most as the car wash is a do-it-yourself. Mr. Yamamoto plans to build a structure which would house office people and a restaurant with maximum construction value $750,000, employment is estimated at 20. If you look at tfie uses of the surrounding neighborhood it would appear obvious that a gas station is not the best use of the lot, esp. right next door to a restaurant and a small shopping center. It would appear the Mr. Yamamoto's application would carry on the use of the neighborhood. Tax value to the City for Mr. Yamamoto is much greater than that proposed by Mr. Doyle. The relationship of office space and restaurant do not in any way conflict with airport uses. Mr. Phil Nash, representing Mr. Doyle came forward and stated that "for the record, I would like to voice an objection to the procedure that was established by this body". Chairman Lewis stated that the objection should go to the City Council rather than the Commission as the issue was remanded to the Commission on that basis. "My objection PLANNING COMMISSION ~ September 26, 1984 Page 2 is to the proceedings that are going on here, not what was transferred by the City Council. It is my position that the City Council specifically directed that this particular application of my client be remanded back to this body together with the 1978 application of Mr. Yamamoto and his wife with his specific statement by the attorney for the City that Mr. Yamamoto could amend that previous application but it was not amended, a brand new one was filed, so the basis of my objection is that before this body right now, as remanded by the City, there are still only 2 applications.". Chairman Lewis noted that the objection will be made a part of the minutes as stated. City Attorney Tim Rogers stated that the objection will be made a part of the record and is appropriate at this point and if there is anything further to say it should be addressed to the City Council. Marko Zurack, representing the Doyles came forward and stated that what is needed is more office space. "Our proposal is to put in gas pumps to go along with the car wash, the benefit to the Community would be that they would keep their car clean and when they come in to clean their car they get a discount on their gas. I put a figure of $75,000 on construction but expect more. That's irrelevant. I think the benefit to the Community, our research shows that the least sale they have is 30,000 gallons with sales tax at 5~ per gallon. We feel that another gas station would be beneficial to a growing community rather than office buildings." There will be from 2 to 6 people employed depending on how the business goes, if it rains there will be fewer. NOTE: Commissioner Bryson joined the meeting. Chairman Lewis brought discussion back to the Commission. Commissioner Zubeck asked if there was any way this property could be sold under sealed bid or outright sale, answer it is a lease restricted property as it is now. That could be an option. MOTION: Commissioner Carignan moved the granting of lease application as described to Mr. Ronald Yamamoto, seconded by Commissioner Osborne. "The date presented to me seems to suggest that would be the best use of the land. With the value of the improvements itself is evident, there is no doubt about that, the potential for employment is up to 20 as compared to 4 or 6, compatibility with the existing development, I think there is an edge there, demand of the proposed activity in the City of Kenai, there seems to be gas stations around, the point about 30,000 gallons, what impact another gas station would have on that is unsure, there is nothing to substantiate that; relationship to Kenai Municipal Airport, I feel it would be more compatible, we do PLANNING COMMISSION ~ September 26, 1984 Page 3 VOTE: have gas stations around that could serve that area." Commissioner Smalley stated that his feelings were equal to Commissioner Carignan. Motion passed unanimously. 3. PERSONS PRESENT SCHEDULED TO BE HEARD a.___Community Center Committee Presentation Mr. Carmen Gintoli, architect came forward with an artists rendering, a model, and blueprints depicting the proposed building and site. The intent is to preserve the entire area as outlined for specific restricted uses. "It would be difficult to swallow if the project started and say a Safeway were allowed to build". Mr. Gintoli and Mr. Malstan went into the uses of the Center. The uses will be multi-dimensional and geared for community use not just for conventions, however, there appears to be enough interest in the Kenai area, statewide, to bring a large influx of people to the Community. The Center is adequate for up to 750 persons and discussion turned to whether the City could accommodate that large number, Miss Connie Keevil and Mr. John Williams explained that once a complex of this type is built, the hoteliers feel more confident and expansion does come, Miss Keevil siting Sitka and Valdez as examples. Mr. Williams stated that not all persons attending these functions would necessarily need accomodations, that many travel by RV and that those persons are particularly interested in Kenai because of its accessibility. The Commission needs to look at 3 basic items for the Center: 1) overall concept, 2) define the site on record and the Council will then set aside, 3) draw up criteria of uses The Commission and representati ves of the Cammuni ty Center Committee agreed to meet in a work session to discuss the site for the Center, Wednesday, October loth at 6:00 p. m. 4. PUBLIC HEARINGS a. Resolution PZ84-79: Rezone Portion of CIIAP S/D from IL to CG The memo enclosed describes the discussion with Mr. Keating regarding his concerns about the warehouses in the area to be rezoned. One suggestion was to allow warehouses as a conditional use, and to define 'warehouse', Councilman Wise suggested creating a new zone for areas in transition as this one is. Commissioner Carignan asked if the major facilities in the zone fall into the CG category, answer yes, with the exception of Mr. Keatings lots. PLANNING COMMISSION September 26, 1984 Page 4 MOTION: Commissioner Carignan moved, seconded by Commissioner Bryson to adopt PZ84-79 with exception of Mr. Keatings lots. Commissioner Carignan stated that he was concerned with warehouses in the CG zone, even as a conditional use Chairman Lewis opened the hearing for public comment. There were none, the issue is back before the Commission. The Commission discussed other areas were warehouses exist in CG zones. MOTION WITHDRAWN: MOTION: Commissioner Carignan moved to approve PZ84-79, seconded by Commissioner Bryson. VOTE: Motion passed unanimously. c. Resolution PZ84-80: Rezone Tract F-1, 5prucewood Glen S/D from RU to CG - Include Site Plan Chairman Lewis opened the meeting to the public. Mr. Edwin Lowry came forward and stated that he was requesting a 30' easement. Chairman Lewis informed Mr. Lowry that this discussion was for the rezoning only and that the site plan would be discussed later. Mr. Jim Blanning requested a description of exactly what was proposed for rezoning. The plats on the wall illustrated the area, Jeff Labahn further described the area as that formerly rezoned to RU to accommodate the 4-plexes. Miss Connie Keevil came forward and stated that it was her feeling that Mr. Lowry should be committed to one final site plan. Mayor Wagoner came forward and felt that there still is some confusion on the part of the public as to what is being rezoned. "As most people in the City know, I'm for planned progress. I have met with Mr. Lowry and Mr. Partee several times, lending support for their project, but I do have some concerns. About a year ago this area was rezoned to accommodate the 6-plexes and at that time there was no problem with. the site plan, however, I do have a problem with some of the things that have been done and if Mr. Lowry is going to proceed he needs to hear some of the things that have been said to me by the people of Kenai. They are very upset with the lack of progress, I'm not upset with that because I understand what happens with financing and leases, PLANNING COMMI55ION September 26, 1984 Page 5 however, there has been alot of concern about the condition of the property at the present and the lack of screening that was to have screened the 4-plexes from the highway. That would not have been so important if the development had gone through initially, but it hasn't. My main problem is not with the rezoning, but with the continual rezoning, changes of plans, and lack of progress leaving the property in the condition it is. I have been called a "Greenie", I like to see Kenai develop but I want it to look good and its starting to look better and better. We've spent slat of money. I hope Mr. Lowry is willing to come along with the City on landscaping." Chairman Lewis agreed, stating that this Commission has heard the same concerns as far back as a year ago. Mayor Wagoner stated that "I think some restrictions should be put on, not to prohibit development but to see that it is done right". Mr. Lee Baily, a resident of Tern Ave. came forward voicing his concern that this latest change may be leading up to yet another change and how can citizens put a stop to changes. These are major changes that affect the value of property. Jeff Labahn stated that there are no limits on how many times a piece of property can be rezoned. Mr. Baily stated that, "you were concerned over the gas station, can you now show as much concern over something this large. John Williams, property owner an Walker Lane voiced concern over the rezoning of residential to commercial in that it would increase the entire complexity of commercial property. If this road goes on into Walker Lane it would become a back entry into a commercial area, thereby increasing the amount and flow of traffic on a residential street. There was concern 5 to 6 years ago when he first discussed building apartment buildings. Would you consider blocking off Tern or write in some restriction preventing this back area from being used. Mr. Lowry stated that the purpose of a revised site plan was the need for more retail space and more parking. Traffic would be discouraged from going to the rear of the buildings, that is to be used for employee parking and is similar to the parking at the rear of Alaska Commercial. Commissioner Smalley asked what the effect would be on the project if the rezoning were denied, Mr. Lowry stated that it would eliminate the 30,000 sq.ft. addition. The Commission discussed the parking within the mall and against the building. Commissioner Zubeck stressed that Lot 1 is a greenbelt and cannot be disturbed. Chairman Lewis agreed, stating it is up to this body to do all it can to protect it. Mr. Jim Blanning asked about cutting Tern Avenue through. Jeff Labahn stated that several months ago, this body held a hearing and endorsed punching Tern Ave through to Walker Lane, however, at the time, the PLANNING COMMISSION September 26, 1984 Page 6 specific site plan here now was not available. The other item given conceptual approval was the additional access through the buffer which is there now. Councilman Wise pointed out that when it was first proposed, there was a mailing to everyone in Central Heights and public hearing was held. Only 4 people showed up, each wanting the access. Since that time, the City has gone so far as to authorize an assessment district to pave that proposed new Tern all the way from Bridge Access Road to the existing Tern in Central Heights. That will be constructed based on the funding authorized next year. There was a great deal of concern as to whether or not people wanted additional access and from the turn out, they did. Commissioner Smalley asked when this took place, Councilman Wise stated it was adopted 9/10/84. Commissioner Bryson stated that the Commission had never seen a plat which cut through the greenstrip. Jeff Labahn stated that it was given conceptual approval and the minutes stated that the developer would have to take the responsibility of platting the access of Tern Ave. Lee Baily stated that the property that is being discussed is a buffer zone and when it was acquired and retained for a buffer, the City fathers had no intention of putting a street there. It is now penetrated and should never have even been considered and is now not even a buffer strip. There is a fire hydrant .and pales in the way. Is there any way we can stop this street from going through and reverse this. Just try to sleep at night now with all the traffic going down Walker. There should be another entrance for Walker but not here. Councilman Wise explained that he should contact the City Clerk and ask to be placed on the agenda for the Council meeting of 10/3/84 and ask the Council the reconsider the resolution. The action has not been taken and the contract gone no further. There was a very specific effort to contact everyone in Central Heights and what they got back was that it was wanted. The Commission recessed for 8 minutes. At the return, the site plan will be the next item for discussion. The Commission discussed access points onto Walker and the Spur, and parking within the mall at length, agreeing that another access onto Walker so close to the intersection would be detrimental and unsafe. MOTION: Commissioner Zubeck moved to approve PZ84-80 to rezone Tract F-1 Sprucewood Glen to include the revised site plan excluding and prohibiting the proposed additional access onto Walker Lane, seconded by Commissioner Osborne. ~ PLANNING COMMTSSION September 26, 1984 Page ~ VOTE: Chairman Lewis opened the hearing to the public for comment. Miss Connie Keevil came forward and stated that "on general principle the rezoning won`t do any more harm than has already been done. The trees won't ever cover the apartment buildings from the commercial area, they will have to live with it, and the quick stop type establishment is a foregone conclusion even though there are several of them in town already. The main concern comes when the development begins and the trees go down. When Mr. Lowry cuts a driveway, he cuts a driveway. If Tern does go through, there will be a worse traffic problem for a residential area already contending with problems. Commissioner Zubeck asked if putting Walker through the other end would be a better solution. Emily DeForest came forward and stated that she is interested in seeing the greenstrip preserved also. Mrs. DeForest works at the library and hears people come in complaining a great deal about the condition of the lot and the trees that were taken. Motion passed unanimously. c. Resolution PZ84-83:Amending Kenai Zoning Code to Establish Validity Period for Conditional Use & Variance Permits Chairman Lewis opened the hearing to public comment. No member of the public came forward. MOTION: Commission Bryson moved to recommend the approval and initiation of Ordinance modification to reflect the proposed change, seconded by Commissioner Carignan. VOTE: Motion passed unanimously. 5. APPROVAL OF MINUTES of September 12, 1984 Commissioner Carignan noted an error on page 9, delete "seconded by Commissioner Carignan". Minutes approved with correction, b. OLQ BUSINESS Both items a & b handled above PLANNING COMMISSION September 26, 1964 Page B 7. NEW BUSINE55 a. Lease Review: Site Plan/Proposed Construction for Lot 1, Blk 4 GAA ~~1 - pave Diamond d/b/a SouthCentral Air The Commission reviewed the material. MOTION: Commissioner Carignan moved to approve the site plan, seconded by Commissioner Osborne. VOTE: Motion passed unanimously b. Vacation of Utility Easement: Alyeska S/D, Merit Add. This involves the Kenai Merit Inn and the Merit Plaaa. There are 2 easements which cross through the property. Commissioner Carignan asked if the existing structures were built over the easements, answer yes. MOTION: Commissioner Carignan moved to recommend approval to the Borough Planning Commission, seconded by Commissioner Smalley. VDTE: Motion passed unanimously. c. Vacation of Section Line Easement: Baron Park S/D & Adiacent Commissioner Smalley asked that the record reflect that the Sterling Highway is incorrect, the Spur Highway should be substituted. MOTION: Commissioner Smalley moved to vacate the section line as described, seconded by Commissioner Osborne. VOTE: There were no objections. d. Anchor Court Trailer Park - Public Use Easements This has been brought before the Commission earlier by Mr. John Williams. It is the opinion of the land Manager and the legal department that since the easement in question is not being used for its intended purpose, the City should quitclaim that easement back to the adjoiner. PLANNING COMMISSION i September 26, 1984 Page 9 MOTTON: Commissioner Smalley moved to recommend approval of relinquish of easement back to the Catholic Church, seconded by Commissioner Carignan. VOTE: Motion passed unanimously. 8. PLANNING a. Resolution PZ84-84: Restricting Construction of Buildings on Interior Lot Lines - Howard Hackney Howard Hackney explained that this does not include townhouse type development, basically, just the commercial sector. The problem comes when a building straddles a property line, then one of the lots are sold, the building now becomes illegal due to the building code restrictions. The way to make it legal would be to vacate a lot line. This ordinance would make it mandatory to come to the City for a permit to build over a lot line, thus creating greater control over violations. MOTION: Commissioner Carignan moved approval of PZ84-84, seconded by Commissioner Bryson. VOTE; Motion passed unanimously. Item will be set for public hearing 10/10/84. 9. REPORTS a. City Council The Council has been discussing the question of the incinerator. The Council has expressed slot of concern over the lack of information that we have, the implications of the bond issue, and the site. The Council and Chamber of Commerce will meet with Skip Bombard of the Borough on Friday and Councilman Wise asked to have some kind of comment to take from the Planning Commission. The "alledged site" sits very close to the City's main well and if there were any leakage or ground water contamination at all it could very well pollute Beaver Creek and part of the Kenai River not to mention the residential subdivisions nearby. There are just too many questions unanswered. Commissioner Bryson noted that about half the people in the City operate off of shallow wells that are in upper aquafer which are highly susceptible to any surface contamination. Comissioner Smalley PLANNING COMMISSION September 26, 1984 Page 10 voiced his concern over the dumping of drilling mud wastes near his own well. MOTION: ` Commissioner Smalley moved to recommend that this body sends its concerns with Councilman Wise and until we can receive more complete information we are definitely not in favor of the facility, seconded by Commissioner Osborne. VOTE: Motion passed unanimously. MOTION: Commissioner Smalley moved to request that Council seek information about the potential Union Oil drilling mud contamination, seconded by Commissioner Osborne. VOTE: Motion passed unanimously. b. Borough Planning Report A greet many plats were seen by the Borough. The Borough has initiated an investigation into the Coastal Zane Management Plan several years ago in an effort to get input from individuals throughout the Borough, Commissioner Bryson was asked to hand out questionaires. Commissioner Zubeck stated that CZM had claimed all property lying below a certain elevation which takes in most of Kenai. c. City Administration Report Mr. Hackney pointed out that a hocky shop has been open on Beaver Loop with an illegal sign and traffic congestion. The shop is on the scale of a retail store than a home occupation and further had not gone through the permitting process by the City for a home occupation. Commissioner Smalley agreed, stating that he had already put it in the record at another meeting. There is a new addition to the home for the shop which takes it out of the realm of home occupation by exceeding the required square footage. Jeff Labahn suggested the owner be sent a copy of the home occupation section of the code as that appeared to be the premise for operation. Commissioner Smalley asked what progress had been made on the complaints on Mr. Quandts' property. The state had filed suit and nothing more has been heard. PLANNING COMMISSTON 1 September 26, 1984 Page 11 Jeff Labahn asked if it was the intent of the Commission to review home occupation permits, answer yes, especially in view of the concerns of Mayor Wagoner. Commissioner Smalley asked if the owners of the hockey shop would be notified that they are in violation, no definitive answer. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFQRMATION ITEMS Councilman Wise discussed the Old Towne Redevelopment stating that money has been appropriated, 12. COMMISSION COMMENTS & QUESTIONS Commissioner Osborne asked for progress on the problem of the ditch, Jeff Labahn has authorized a survey. Commissioner Osborne had recieved a complaint from the lessee's of the sub shop on the corner of Spur Highway and Coral Street concerning the traffic flow in front of the shop. Jeff Labahn explained that the access road is actually offset from the actual access from the Spur. The City is looking at straightening out the intersection, recutting the curb further down. Councilman Wise asked if Mr. Doyle had fixed the curb cut in front of his car wash, answer no. 13. ADJOURNMENT There being no further business, the meeting was adjourned at 11:20 p.m. The next regular meeting will be Wednesday, October 10, 1984. Janet Loper Secretary PLANNING & ZONING COMMISSION R~_1 W ,~ ,~~~ ~~ v, ,~~. w .n 1.311 ~ ~N V ~ ~ c~ ` ~~ ~ QY ®' ~v~ \1 ~.l~y ~ ®~1- O vJ Chairman 'Lee Lewis ~ \I `I ~ I \ I ~ r y l l -Phil Bryson ~ I ~ J ~I ~ l C ~ ~ ~, ~: Carri no y x r r g n Bob `Oleson ~ "" Ozzie Osborne ~ ~ ~~ y ~( ~~ .y - - - - I Hal Smalley 1 ~ Bill Zubek ~c~r~' ~ - ~ ~ l ~ ~ ..,-~'Q-e- - (~~~ ~/ U ice[ .,1.~ i~./~--~G~~~'' t'- v ~ ~ ~ ~/ ~~ ~~~ ~u~ ~ ~o~D ~~ ' ~~~L ~ ~C~~ ~~a~~~ ~` _ ~~ G~~ U ,. ~-~ ~~