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HomeMy WebLinkAbout1985-02-13 P&Z Minutes.~.~~ KENAI PLANNING & ZONING COMMIS5ION February 13. 1985 Kenai Citv Hall Lee Lewis,, Chairman AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS a. Resolution PZ85-6: Amending Mobile Home Regulations b. Resolution PZ85-10: Variance for Sign Height - Lot 2 Baron Park S/D Jess Hall/Craycroft Chrysler Inc. c. Resolution PZ85-11: Rezone Lots 3&4 Shaginoff S/D - Rural Residential to General Commercial - Karen Shaginoff d. Resolution PZ85-12: Revising KMC 14.05.020 to Establish Duties & Powers of Kenai Advisory Planning & Zoning Commission 5. APPROVAL OF MINUTE5 of January 23, 1985 b. OLD BUSINESS a. Discussion: Landscaping Ordinance - Revised Draft 7. NEW BUSINESS a. Preliminary Plat PZ85-7: St. Patricks 5/D -Willow Wind Add. Revised b. Preliminary Plat PZ85-8: Swires Elementary Tract 1 c. Nome Occupation: Lot 29, Bush Lanes S/D - Upholstery/Furniture Repair - Ozzie Osborne d. Resolution PZ85-9: FY1985/B6 Planning Budget `'~ PLANNING COMMISSION AGENDA February 13, 1985 Page 2 8. PLANNING a. Kenai Original Townsite Redevelopment Planning Study - Ron Kasprisin/Kasprisin Design Group 9. REPORTS a. City Council b. $orough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED TO BE MEARD 11. INFORMATION ITEM5 Letter to Jess Hall - tree removal on leased property Corp of Engineers Permit Council Agenda 12. COMMISSION COMMENTS & QUESTIONS ~ 13. ADJOURNMENT KENAI PLANNING & ZONING COMMISSION February 13. 1985 Kenai Citv Hall Lee Lewis. Chairman NOTE: Due to equipment hreakdo~n, these minutes are partially unedited 1. ROLL CALL Present: Lewis, Bryson, Carignan, Oleson, Osborne, Smalley Absent: Zubeck, excused 2. APPROVAL OF AGENDA Agenda approved with no changes 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ85-6: Amending Mobile Home Regulations Chairman Lewis opened the hearing to the public. There were no members of the public wishing to give testimony. Chairman Lewis brought the issue back to the Commission. MOTION: Commissioner Carignan moved to adopt PZ$5-6, seconded by Commissioner Osborne. Jeff Labahn expanded on his memo explaining that there are no "parks" in existence that have a permit, all were "grandfathered" in that they were in existence at the time of the ordinance. No parks have been developed in the last 15 years. Chairman Lewis expanded on the comments stating, "a park would need a permit but an individual can put a mobile home on his lot without one, is this fair and could we require a permit for individuals also". Councilman Wise stated that he had a problem with "outlawing" mobile homes except in parks. The ordinance means that no park could be enlarged or relocated, plus, he would not encourage conditional use permits as they would be cost prohibitive to the individual. . ) PLANNING COMMISSION February 13, 1965 Page 2 MOTION AMENDMENT: Commissioner Bryson moved to amend the motion to "return to administration to be revised to allow mobile homes as an allowable use in the RR zone, seconded by Commissioner Smalley. VOTE MOTION AMENDMENT: Motion passed unanimously. VOTE MAIN MOTION: Motion passed unanimously. b. Resolution PZ85-10: Variance for Sign Height - lot 2 Baron Park S/D - Jess HalilWalter Craycroft Chairman Lewis opened discussion to the public. There being no persons coming forward, Chairman Lewis asked the petitioner to come forward. Walter Craycroft, owner of Craycroft Chrysler, Plymouth, Dodge, Inc. came forward to answer questions. Mr. Craycroft explained that the sign in question is a logo of the company and has already been reduced as much as possible. Commissioner Carignan asked why 16` was chosen as the limitation when the sign code was drafted, answer, there was no maximum height restrictions at all under the old code and the lb' was borrowed from other existing codes. There are several strong reasons for setting a Iimit, the biggest one being the possibility of a "sign war". Commissioner Smalley noted that the trees have been cleared from in front of the dealership which should allow more visibility. Chairman Lewis brought discussion back to the Commission. MOTION: Commissioner Carignan moved approval of PZ85-10, seconded by Commissioner Bryson. Commissioner Bryson noted that if the trees on the adjoining lots are to be maintained there needs to be some visibility, otherwise we may end up with three lots clearcut all the way to the rear of the int. Commissioner Carignan noted that by approving this request with these circumstances "we may be opening a pandoras box in that the next one will want one 30 "'. Commissioner Bryson asked how much lower the property was from the highway, since there is a visible drop from the pavement. No answer. Jeff Labahn presented photographs taken of similar signs in the area, and it was noted that the signs were 1) smaller than the Craycroft sign, 2) most were erected before the sign code passed, and 3) all were level with the highway. At 28' the Craycroft sign would still be lower than the trees. Commissioner PLANNING COMMISSION February i3, 1985 Page 3 VOTE: Oleson noted that in Kodiak, the sign code is similar to Kenai's, a MacDonald's came in and wanted to erect the "golden arches" and were unable to do so since they were higher than the sign code allowed. The Commission discussed the three criteria for variances at length, all having a problem with the language in 'a'. Commissioners Carignan and Oleson discussed the fact that if the sign was placed on the roof of the building as opposed to beside or in front of it, it would still be 28' and on the building it would not require a variance. Motion passed with Chairman Lewis and Commissioners Bryson, Carignan, Oleson, and Osborne voting yes; Commissioner Smalley voting na. c. Resolution PZ85-11: Rezone Lots 3&4 Shaginoff S/D - RR to CG - Karen Shaginoff Chairman Lewis opened the hearings to the public. led Sadler came forward stating that he approved the resolution. Mr. Sadler stated that the entire strip along the Spur Highway will one day be zoned commercial and this is a step in that direction. The south side of the Spur Highway is zoned commercial now with a mortuary, and the Eagles Club. Chairman Lewis asked if Mr. Sadler was a resident of the area, answer no, but a property owner in the area. Jim Butler came forward and stated that he has no position but does encourage the Commission to consider the comprehensive plan. Mr. Butler states that Kenai is unique in that it has no strip development and hopes that the Commission wont be "carte blanche" in our thinking and let the whole highway go commercial. The Commission needs to look at the impact the new zone would have on the residential quality of the neighborhood and if in doubt, just compare Kenai and Soldotna before approving this request. Chairman Lewis entered two letters into the record. The letters are from Patricia G. Robinson and Karen S. Langston, both residents directly adjoining the property in question and both opposed too the rezoning. There being no further comments from the public, Chairman Lewis brought the discussion back to the Commission. 3eff Labahn stated that this can be considered spat zoning in that looking at the entire area it is surrounded by residential. Looking at ~ the Land Use Plan, the entire area is classified as low density residential. However, it does meet the requirement for rezoning in that it is more than 1 acre. Commissioner Smalley stated that he felt the residents, i.e. those most affected had stated their feelings PLANNING COMMIS5ION February l3, 1985 Page 4 clearly. Jeff Labahn stated that the writer of one of the letters is directly behind the lots in question and that the other, while in the vicinity is not within the 300' limitation. MOTION: Commissioner Carignan moved to adopt PZ85-11, seconded by Commissioner Osborne. Commissioner Bryson stated for the record that if the motion fails, his finding of fact would be because it would be a case of spot zoning. Commissioner Carignan agreed, Commissioner Smalley voicing the opinion that the whole Spur corridor needs to be considered on a long range plan. Commissioner Bryson noted that once off the Spur Highway, there are close to 300 residences in this area. VOTE: Motion fails unanimously. Jeff Labahn stated, "let the record show that the motion fails in that the request is not consistent with the Land Use Plan". d. Resolution PZ85-12: Revising KMC 14.0.020 to Establish Duties & Powers of Kenai Advisory Planning & Zoning Commission Chairman Lewis opened the hearing to the public. There being no persons wishing to comment, Chairman Lewis brought the issue back to the Commission. MOTION: Commissioner Carignan moved to adopt PZ85-12, seconded by Commissioner Osborne. The Commission reviewed the wording. MOTION AMENDMENT: Commissioner Bryson moved to amend "Exhibit A" by striking (a) [v] [WHICH HAS BEEN IMPACTED BY NATURAL DISASTER] and delete (b) [iii] [NOT LESS THAN 90 DAYS] seconded by Commissioner Smalley. VOTE AMENDED MOTION: Amended Motion passed unanimously. VOTE MAIN MOTION: Motion passed unanimously. PLANNING COMMISSION February 13, 1985 Page 5 S. APPROVAL OF MINUTES of January 23, 1985 Minutes were approved as submitted 6. OLD BUSINESS a. Discussion: Landscaping Ordinance The Commission discussed the memo drafted by Jeff Labahn which encompassed the work session between the Commission and the Council. The ordinance will be coming back to the Commission. 7. NEW BUSINESS a. Preliminary Plat PZ85-7: St. Patricks - Willow Wind Add Revised Jim Butler came forward to represent the plat. The surveyor found that the 50' easement bordering the Spur Highway does not actually exist. The 3 lots that border the highway have been revised. The developer 1 of the City in those lands, and efforts the City has made in obtaining the land. Chairman Lewis brought the meeting back to the next item on the agenda. b. Preliminary Plat PZBS-8: Swires Elementar Tract 1 This is property owned by the Borough to be used for a school. MOTION: Commissioner Bryson moved approval of PZ85-8 with inclusion of statement #9 and the last paragraph of the resolution , seconded by Commissioner Smalley. VOTE: Motion passed unanimously. c. Home Occupation: Lot 29, Bush Lanes 5/D - Upholstery/Furniture Repair - Ozzie Osborne Ozzie Osborne stepped from the Commission to the speakers. Commissioner Bryson stated that he is familiar with the type of business and that there would be debris and asked what the plans were for eliminating the debris, Mr. Osborne answered that it would not be allowed to remain on the premises, that it would be hauled away immediately. Councilman Wise mentioned the workroom indicated in the ~~ PLANNING COMMISSION February 13.. 1985 Page 6 plans and asked if he would be stockpiling large quantities, Mr. Osborne answered that it was on a special order basis only, there would be no large stockpiles. MOTION: Commissioner Smalley to approve the home occupation request to Mr. Osborne at the referenced location, seconded by Commissioner Carignan VOTE: Motion passed unanimously. (with Commissioner Osborne abstaining) d. Resolution PZ85-9: FY1985/86 Planning Budget Councilman Wise informed the Commission that the budget was for the members and that when conferences, seminars, and the municipal league meetings come up the members are encouraged to attend. Staff will be advised to let the Commissioners know as far in advance as possible. MOTION: Commissioner Bryson moved approval of PZBS-9, seconded by Commissioner Osborne. VOTE: Motion passed unanimously. 9. REPORTS a. City Council Councilman gave a report on the appeal of the variance request by Mr. Lowry; the rezoning of Richka Creek S/O tabled pending the adoption of the new RR1 and RSl zoning; a portion of Evergreen S/D to go to the Moose lodge; and the lease application of John Howard has been formally withdrawn. The Commission discussed the future of the CIIAP tracts voicing concern over the possibility of it being cut up into smaller lots. Councilman Wise suggested the Commission set a policy to protect these tracts before they are leased. Commissioner Smalley asked about the 25mph speed limit discussed, Councilman Wise stated that the request was the the speed limit be extended from downtown to the Swires Rd. Neither the state nor Chief Ross was encouraging. ~~ PLANNING COMMISSION February 13, 1985 Page 7 b. Borough Planning Commissioner Bryson reported that the same plats at this meeting were aprpoved at the Borough Monday night. Also, that the Commission tabled a proposal far three sites for schools with no backup information. c. City Administration Jeff Labahn reported on the group working on the comp plan update. The group met with the finalists, with CCC Architects being the group chosen. A lease application has been received on the CIIAP corner tract for a cinema and office space. Jeff did explain to the applicant that this would be a sensitive area and he would need to be very detailed in his site plan. Commissioner Carignan noted that these tracts have been up for lease several times and is it beyond the limits of the Commission to ask far more detailed information on the finances, answer yes. Jeff Labahn further stated that there is a problem of access on this lot from Airport Way. Councilman Wise asked if the plat was completed and in City hands for the relocation of Marathon Rd, answer no. The Corp of Engineers permit was highlighted by Jeff. The permit is for the placing of fill taken from the airport ramp extension project. MOTION: Commissioner Carignan moved to recommend to the Corp that the Planning Commission supports the City in the request for the Corp permit, seconded by Commissioner Smalley. VOTE: Motion passed unanimously. The Commission further discussed item a in the criteria for a variance deciding to study the item and perhaps revise the wording. Commissioner Carignan noted that the Commission had problems with the item several years ago when he was a member. Jeff Labahn noted that a variance is not meant to provide financial relief in a situation created by error. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None `~ PLANNING COMMISSION February 13, 1985 Page 8 1i. INFORMATION ITEMS No comments or questions, all items reviewed earlier. 12. COMMISSION QUESTIONS & COMMENTS None 13. ADJOURNMENT There being no further business, the meeting was adjourned at 9:55 PM. The next regular meeting of the Commission is February 27th. Janet Loper Secretary PLANNING & ZONING COMMISSION 3 ~S ~ ~~ 1 ,,> C1~ . C a 11 ~~ ~, ~~ ~,~ ~ ~ ~ ~r ~ ~~ ~ U Chairman •Lee Lewis ~ ) y ~ '1 `~ _ ~I -Phil Bryson ~~ ~ ~ ~ ~~ ~ Richard Carrignon ~ ~ y ~~ ~ 01 '~! Bob Oleson ~~ ~ \ Ozzie Osborne - -- ~ `~ ~~ ~ ~~ Hal Smalley ~ ~ ~ ~ ~~ ~ ~, \ Bill Zubek _ TO DO ~~~~ . r.oTZOVs Made by: Agenda No,: ~~ i ~~ Q i--4~ i Q ,~ ~~ w~ 7~Q ~ '7~ ~~~~ ~ ~ ~ ~.~w ~" ~~~~.~.