HomeMy WebLinkAbout1985-03-13 P&Z Minutes~~ KENAI PLANNING & ZONING COMMISSION
March 13. 1985
Kenai Citv Hall
Lee Lewis. Chairman
AGENDA
1. ROLL CALL
Z. APPROVAL OF AGENDA
3. PERSONS PRESENT SCHEDULED TO BE HEARD
a. Randy Ernst. Airport Manager - Airport Parking
4. PUBLIC HEARINGS
a. Resolution PZ85-12: Rezone Southerly Portion Tract D, Sprucewood
Glen S/D from Suburban Residential to General Commercial -
~ Schilling,
b. Resolution PZ85-13: Variance for Sign Height & Square Footage -
Tract A-l, Sprucewood Glen S/D - Lowry
c. Landscaping Ordinance
5. APPROVAL OF MINUTES of February 27, 1985
6. OLD BUSINESS
a. Concept Lease Application: Tract B-1, CIIAP S/D ~~4 - Cinema/Retail
Office - Eric Petty
7. NEW BUSINESS
a. Lease Application: Portion Tract B-2 CIIAP S/~~ for Commercial/
Retail/Office - Patrick O'Connell
b. Lease Application: Portion Tract B-2, CIIAP S/D ~~4 - Retail/Ware-
house - Clint Hall
c. Vacation of Section Line Easement: Lot 8, Blk 1, Etolin S/D
d. Preliminary Plat PZ85-15: Killen Estates Add, 1
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March 13. 1985
Page 2
e. Preliminary Plat PZ85-16: Spruce Grove S/D #3
f. Preliminary Plat PZ85-17: Letzring S/D
8. PLANNING
a. Discussion: Criteria for Variance
b. Borough Ordinances Pertaining to Street Naming
c. Borough Ordinances Pertaaning to Subdivisions
(.this item is so lengthy, copies will be available at CitY_ Hall
upon request)
9. REPORTS
a. City Council
b. Borough Planning
c. City Administration
10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
11. INFORMATION ITEMS
Council Agenda
12. COMMISSION COMMENTS & QUESTIONS
13. ADJOURNMENT
KENAI PLANNING & ZONING COMMISSION
March 13. 1985 - 7:00 P.M.
Kenai Citv Hall
Lee Lewis. Chairman
1. ROLL CALL
Present: Ali Commissioners Present
Note: Commissioner Oleson arrived at 7:15 p.m.
2. APPROVAL OF AGENDA
Agenda approved as submitted
3. PERSONS PRESENT SCHEDlJLED TO BE HEARD
a. Randy Ernst,. Airport Manager - Airport Parking
Mr. Ernst presented plans which showed the current parking situation
for the entire airport area. Mr. Ernst pointed out that although the
lots have been paved and new parking opened up, there is still
overflow into the area across Willow. On a 5 - 10 year basis, there
will be a need for more long.term and short term parking. By obtaining
Tract B., the ROW,, and Lot 1, Block 1,, FBO S/D an additional 200 long
term spaces would be pxovided, 66 for car rental overflow or long term
and then by redesignating the long and short term., free more space for
the lounge, restaurant,. and employee parking,. Eventually,, the City
will have to consider a pay plan. The Airport Master Plan does not
approach more parking than what the City has now. Tract B is Criss
crossed with utility lines and would not be developable for anything
other than parking. The Council has approved Cheepie Auto Rental for
airport space which will further reduce the spaces available. To keep
in mind, in the future the City will open the lands on the other side
of the tower, a site for an on-site crash station measuring 150' x
300' will be needed,. predicated by the amount of jet traffic into the
airport. Mr. Ernst suggested that the lots immediately past the tower
be held by the City for this purpose. If and when the ramp is
extended,, the site closest to the tower will put it about center of
the runway which is ideal.
Jeff Labahn reitterated Mr. Ernst's discussion.
MOTION:
Commissioner Smalley moved that Council draft a resolution recommending
FBO S!D lot 1, Block 1, the ROW., and Tract B be set for ,public use and
held in reserve for long. term airport parking, seconded by
Commissioner Osborne
PLANNING COMMISSION
March 13, 1985
Page 2
VOTE:
Motion passed unanimously.
NOTE: Commissioner Olesan,joined the meeting.
4, PUBLIC HEARINGS
a. Resolution PZ85-12: Rezone Southerly Portion Tract D, Sprucewood
Glen S!D from RS to CG -Schilling
Mr. Louis Schilling came forward to explain his request for rezone.
Some time ago when the City realigned "C Street" which later became
Tern Avenue., a small portion was left still remaining at the old zone
designation of RS. This request would link the two parcels together.
Mr. Schilling wishes to develop the entire tract as commercial.
Commissioner Bryson asked if there were any comments from those
notified by mail., answer no,
Chairman Lewis opened the hearing to the public. There being no
comment from the.pubiic, the hearing returned to the Commission.
MOTION:
Commissioner Osborne moved approval of PZ85-12, rezone described
property from RS to CG, seconded by Commissioner Carignan.
VOTE:
Motion passed by unanimous roll call vote.
b. Resolution PZ65-I3: Variance for Sign Height & Square Footage
Tract A, Sprucewood Glen S/D - Lowry
Edwin Lowry came forward and stated that he was not aware of the sign
code until the auto dealership across the road had obtained a variance
for their sign. Mr. Lowry feels the code is far too restrictive from
what is done everywhere else. This is a standard size for a ~-11 sign
and "since it is the most important property along the strip, it needs
good visibility."
Commissioner Carignan asked what exceptional physical circumstances
warranted Mr. Lowry's request, Mr. Lawry indicated visibility.
Commissioner Smalley stated that he did nat feel that visibility was a
problem in that there were no trees blocking the sign. The variance
was granted to the car dealership because of the trees/visibility and
that the land. in that area is lower than the road itself. '
Carmen Gintoli, resident of 115 Deepwood Crt came forward and stated
that he does not agree with the applicant's circumstance in that no
matter what size the sign is, the location will speak for itself. "I
don't think he's proved a case here for a larger and higher sign and a
sign whether its 8 feet tall or 24 feet tall is going to reduce his
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March 13, 1985
Page 3
business. The 7-lI signs are nationally known and very simple
regardless of size. My concern is that if you approve this one, then
soon ail signs are going to want to be bigger and Kenai ends up a
strip of signs." Commissioner Smalley asked if Mr. Gintoli was
opposed to the size or the height, Mr. Gintoli answered both.
Chairman Lewis asked if Mr. Gintoli was concerned more with the fact
that the petition would conflict with the sign code or the sign itself
Mr. Gintoli answered that they are the same.
Ed Lowry asked where the 16' minimum came from, Jeff Labahn answered
that it was not so much footage as setting a limit to avoid a
competitive situation or a "sign war". As far as other communities,.
I6' is an average.
There being no further comments from the public, Chairman Lewis
brought discussion back to the Commission.
Commissioner Bryson stated that at the last meeting,. an inventory of
the existing signs was requested. Jeff stated that Howard did go out
and do a survey of some signs, the most recent example is the Willow
~ Street Mall which is 19' but does sit substantially above the road
grade. Mr. Lowry stated that his sign is 14' tall which means if it
was 6` off the ground, some people would not be able to walk under it.
Also, with the grade being 3' below the roadway, it would then be only
3' or 4' off the ground which would obstruct the vision for
motorists.
MOTION:
Commissioner Bryson moved to approve PZ85-13, seconded by Commissioner
Zubeck.
Commissioner Carignan stated that "as it is written at-this time I
don't see it meeting the conditions of the variance". Commissioner
Smalley, agreed with Commissioner Carignan, that there are no physical
circumstances or conditions that are applicable, it has not been
proven. Commissioner Zubeck noted the difference between putting this
type of sign on Willow {as example) as on the Spur. Commissioner
Carignan asked if distance from the centerline could be considered a
physical circumstance., Jeff answered yes.
DOTE:
Motion passed Chairman Lewis and Commissioners Bryson, Smalley, and
Zubeck voting yes; Commissioners Carignan, Oleson, and Osborne voting
no
b. Landscapinc,LOrdinance
This hearing is to be used for information gathering, another .public
hearing will be held. Jeff Labahn reviewed the material for those
present.
PLANNING COMMISSION
March 13, 1985
Page 4
Chairman Lewis opened the hearing to the public.
Carmen Gintoli, architect, resident of 115 Deepwood Crt,, discussed
percentages suggested in the draft stating that, as an example, a
commercial lot with a shopping center and parking for 300 cars, you
have 120000 sq. ft. or about 4 acres of paving and less than i/8 acre
dedicated to parking., therefore the percentages need to be reworked or
put on a graduated scale of size of development. On perimeter land-
scaping; the wording describes lands abutting non-commercial requires
a buffer with a minimum of 10'. Mr. Gintoli observed that this means
that if 2 ar more commercial lots abut each other no landscaping is
required and a "sea of asphalt" is created. A buffer is still needed.
In a case where one piece of paving runs into another you will need to
further address the water run-off and snow removal.
Mr. Gintoli addressed the issue of "sight obscuring fence" stating
that it does not define a "sight obscuring fence", i.e., how high,
what materials} etc, and does this address landscaping in the City. A
fence can be more objectionable than no fence. If the intent of your
~ ordinance is to visually enhance the Cit,y's appearance I don't think
that allowing Z pieces of asphalt to abut each other is going to do
anything to address your intent nor is a fence. I think if its
adopted, if it's not going to get much more restrictive you are not
going to do much more for enhancement of the landscaping, I think ,you
need to start higher and wittle it down until you get a mid line that
you want. I think where it says the natural vegetation will remain ar
you can plant something else perhaps there should be something in
there about in these landscape areas that if there is an existing tree
Chats aver a 4" caliper or diameter that it should not be removed
because someone can come in and knock down all the trees and just
plant grass and still be well within the guidelines of this ordinance.
Mr. Gintoli asked if there was any way to stop people from cutting
trees in the state ROW's as has happened in the past. i know its not
City land but you do enforce certain state laws and I wonder if you
could in this case also by adding same verbage to this. Jeff answered
that technically anyone needs a permit to do anything. in the state
ROW. Commissioner Smalley agreed, asking if the City has any
jurisdiction in the case of City leased land, Jeff answered no.
Commissioner Smalley felt some protection needs to be there. Jeff
Labahn suggested that on leased lands the City could provide that
information to the state and they would at least have knowledge of
whats going an. 5inee the state does give permits for access points
they are involved to a paint. Jeff Labahn stated, "turning that
situation around, if I owned land adjoining a state ROW and I wanted
to plant trees and flowers, I would have to obtain a permit. Commissioner
} Smalley asked about the signs, campaign signs., and car lots that park
their cars in the State ROW,, the city has been able to do something
about those on their awn.
PLANNING COMMISSION
March 13 ,, 1985
Page 6
MOTION:
Commissioner Smalley moved to request Council draft a resolution for
the City of Kenai to contact the State of Alaska concerning commercial
development on private or CitX-leased lands which abut public ROW's to
protect the vegetation on those ROW's and that the City contact the
State when there is development which abuts those ROW's, seconded by
Commissioner Bryson.
3eff Labahn asked for clarification, Commissioner Cariqnan suggested
researching the State's position.
MOTION AMENDMENT:
Commissioner Bryson requested Jeff Labahn draft the resolution for
review by the Commission at the next meeting, seconded by Commissioner
Smalley.
VOTE AMENDMENT:
Motion Amendment passed unanimously.
VOTE MAIN MOTION:
Main Motion passed unanimously.
5. APPROVAL OF MINUTES of February 27, 1965
Minutes were approved as presented
6. DLD BUSINESS
a. Concept Lease Application: Tact B-1, CIIAP S/D #4 - Cinema/Retail/
Office - Eric Petty
The Commission had granted prior conceptual approvals however., there
were items that still needed to be addressed before final approval
could be given. Mr. Petty returns with a more detailed site plan with
some revisions. It was agreed that the power line would be moved and
the easement vacated. Chairman Lewis asked if the City Engineer had
reviewed the site plan and addressed the drainage, answer no.
Commissioner Bryson asked if the snow storage off the property is
compatible with the City's policy of snow removal, that will have to
be reviewed by the engineer. Mr. Petty stated that he would be willing
to place the required dry wells wherever indicated by the engineer.
Commissioner Carignan questioned the fact that a narrow strip was left
with no applicants, i.e. the strip is undesirable for its size and
location, and further, was of the understanding that the Council and
_ the Commission had decided at one time to retain this strip for a
single project. Chairman Lewis agreed stating that the way the lots
are broken up with these three applications destroys the most
valuable strip of property in the City.
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PLANNING COMMISSION
March 13. 1985
Page 5
Dan Hakkinen, a resident of the City stated that he is glad to see
something like this started., it is long overdue. I would like to see
something with alat of teeth put into it. I'm sure Spenard doesn't
have a landscaping ordinance and we can see what they have. We have a
road going through town that could very well turn out to be like a
Spenard Road if we don't stop it now. The stricter the better as far
as I'm concerned.
Louis Schilling, contractor and agrees with the statements of both Mr.
Gintoli and Mr. Hakkinen. I think there should be some bite put to it
and most of the people are supportive of it.
Clint Hall, resident of Kenai, agrees with everything that has-been
said and his main concern is with the beautification of the City and
further believes that many business like car dealerships are going to
demand "no restriction from sight" from the roadway but I do believe
they should be landscaped in front. Example is NBA who have tried to
do some landscaping but snow removal, sand, etc. kills those efforts,
That lawn needs to be planted every year, however there must be
healthier bushes and shrubs that could be purchased. I don't agree
with trying to leave all the natural vegetation in front, but I
definitely believe there has to be some type of landscaping in front,
perhaps 4` or 5' high shrubery, something of that nature.
There being na further comments from the public, Chairman Lewis
brought discussion back to the Commission.
Chairman Lewis stated that he agrees with Mr. Gintoli's comments
regarding the buffer between commercial properties. Commissioner
Cari~nan agreed but questions the comments regarding, required
percentages. Jeff Labahn used D&A, Dyer's mall, and Hall's mall as
an example where all three parking lots abut, a buffer of 10' could be
required with a break to allow cars to pass between the malls without
going out into the street. Commissioner Smalley stated that while the
problems of snow removal are a concern, a buffer as discussed is
desirable and could be workable. Commissioner Carignan reitterated
his earlier comments regarding the City retaining a lO' buffer between
properties and. creating our own. landscaping. Commissioner Smalley
stated that Beaverton Oregon is doing this design, i.e. a buffer
between large mall complexes with a break and non of the property
owners are allowed to cut a single tree down aver a certain diameter
without a permit. There is a book written by Wickersham where he sets
a point system; a certain amount and type of landscaping will result
in a point which gains the lease or reduces the lease amount.
_ ~ ~~
PLANNING COMMTSSiON
March 13, 1985
Page 7
Jeff Labahn suggested the Commission recommend the lease on to the
Council as a completed lease application pending review by Labahn and
the engineer, or postpone decision until the next meeting until
comments from Labahn and LaShot.
MOTION:
Commissioner Smalley moved "to accept the lease application of Tract
B-1, CIIAP S/D #4 to Eric Petty", seconded by Commissioner Bryson.
vOTE:
Commissioner Carignan asked for intent and clarification, is the
intent to approve, Commissioner Smalley stated that "I mentioned just
before the motion that the drainage problem, the engineering, etc. be
checked by administration".
Motion passed unanimously.
7. NEW BUSINESS
a. Lease Application: Portion Tract B-2, CIIAP S/D #G - Commercial/
l Retail/Office - Patrick O'Connell
Mr. O'Connell not present. 3eff Labahn explained that there is no
intertie with the Dairy Queen property. This property does not have
the same size frontage as the Dairy Queen and is only 1.5 acres of a
14 acre tract. There is a parcel between this parcel and Ryan's Creek,
therefore does not appear to be in the best interest of the City to
divide the property in this manner. The primary question to consider
is-the subdivision of the property. Commissioner Smalley reitterated
the statements of the last lease application regarding subdividing a
valuable piece of property. Jeff Labahn suggested that if it was the
consensus of the Commission it would be appropriate to place the on
the floor, take the vote and footnote the reason being the desire to
lease Tract B-2 as one parcel.
MOTION:
Commissioner Smalley moved for approval of lease application, portion
Tract B-1 CIIAP #4 to O'Connell, seconded by Commissioner Carignan.
varE:
Motion failed unanimously.
Commissioner Smalley stated "let the record show I voted no because I
feel tract B-2 should be left as one complete parcel. Chairman Lewis
asked for consensus, the Commission agreed.
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PLANNING COMMISSION
March 13. 1985
Page 8
b. Lease Application: Portion Tract b-2, CIIAP #4 - Retail/Warehouse -
Clint Hall
Clint Hall came forward and explained that originally he had requested
the entire parcel, however since Mr. O'Connell had submitted his
application first, he would take the remainder. There is also a small
unusable portion at the rear of this lot and Mr. Hall plans to
purchase to the rear property line and make use of the entire parcel.
Chairman Lewis noted the warehouse portion and felt it would not be an
appropriate use, Mr. Hall explained that the it would be all retail
frontage with a small warehouse in the back. Commissioner Smalley
stated, "I'm still hooked on the concept of retaining this parcel
intact".
MOTION:
Commissioner Carignan moved approval of the lease application for the
described property for Mr. Hall, seconded by Commissioner Osborne.
VOTE:
Motion failed unanimously
Commissioner Smalley stated for the record that the vote fails due to
the desire of the Commission that Tract B-2 remain intact.
c. Vacation of Section Line Easement: Lot 8, Blk 1, Etolin S/D
Jeff Labahn explained that this is the corner of Willow and Main
Street Loop bordered by B&C Mall and Miller Sheet Metal, the property
is awned by Alaska USA Credit Union,
MOTION:
Commissioner Carignan moved to recommend to the Borough and City
Council a statement of non-objection, seconded by Commissioner Smalley
VOTE:
Motion passed unanimously.
d. Preliminary Plat PZ85-15: Killen Estates Add l
This property will need to be rezoned before filing of the plat and
recommend changing the name from ~1 to ~2.
MOTION:
Commissioner Smalley moved to approve PZ85-15, seconded by Commissioner
Carignan
VOTE:
Motion passed unanimously.
~) PLANNING COMMISSION
March 13, 1985
Page 9
e. Preliminary Plat PZ85-i6: Spruce Grove 5/D #3
The Commission reviewed the plat.
MOTION:
Commissioner Smalley moved approval of PZ85-16, seconded by Commissioner
Carignan
VOTE:
Motion passed unanimously.
f. Preliminary Plat PZ85-17: Letzrinq S/D
There are buildings existing on what appears to be lot 2. This
property is zoned for commercial use and depending upon the use
decided upon by the developer, the property will need to be rezoned or
the buildings removed.
MOTION:
Commissioner Smalley moved approval of PZ85-17, seconded by Commissioner
~ Osborne.
VOTE:
Motion passed unanimausly.
8. PLANNING
a. Discussion: Criteria for Variance
The Commission discussed the criteria at length. Mr. Labahn's memo
outlined the problems and the proposed changes.
MOTION:
Commissioner Carignan moved to set the item for public hearing at the
next regular meeting of the Commission (March 27th), seconded by
Commissioner Oleson
VOTE:
Motion passed unanimously.
b. Borough Ordinances Pertaining to Street Naming
This is a proposed ordinance that would effectively put the Borough in
the drivers seat with regard to street naming throughout the Borough
both inside and outside the Cities. As it stands now, each individual
city is assigning their own street names, their own map, etc. What
the Borough is suggesting is that they take over coordinating street
naming. Where the City Planning Commission and Council, have by
resolution, bean changing or establishing street names, we will now
only be able to recommend. Items of concern are: page 2 a-5 "streets
PLANNING COMMISSION
March 13. 1985
Page 10
may not be named so that any. street within the Borough has the same
name or a name sounding the same as any other street within the
Borough". Commissioner Smalley noted that it sounded unreasonable.
Jeff Labahn recommended a geagra.phical identification such as an
election district or recording district because a Main Street in Homer
does not relate to a Main Street in Kenai. When in comes to the new
9I1 system where emergency responders cover a much larger area than
within a city limits, they might confuse street names if they are
close in proximity. Jeff Labahn recommends support of the ordinance
with the exception mentioned above and to eliminate the fee for
municipalities.
MOTION:
Commissioner Carignan moved to forward a letter to Mr. Cervantes
indicating approval of the Borough ordinance pertaining to street
names with the exception of 20.3b.050(a)(5) and suggest that a
geographical area be designated, seconded by Commissioner Bryson.
VOTE:
Motion passed unanimously.
MOTION:
Commissioner Smalley moved to further recommend that the fee for
changing the street names be waived for municipalities, seconded by
Commissioner Carignan
VOTE:
Motion passed unanimously.
c. Borough Ordinances Pertaining to Subdivisions
Jeff Labahn reported that the draft subdivision revisions covered
under the letter and material was of such bulk that with the
concurrance of the Commission he would ga ahead and submit his
comments to the Borough upon review.
The Commission consented.
9. REPORTS
a. City Council
Councilman Wise not in attendance.
b. Borough Planning
Commissioner Bryson reported that "it was a hot meeting". The Commission
settled a plat dispute where a preliminary plat had been reviewed with
involved a vacation of land on 2 sides of a parcel. When the final
plat went through the administrative review, it was missed that
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PLANNING COMMISSION
March I3. 1985
Page 11
another lot had been added to the tract. The problem arose when
another portion of the plat was left out in which the vacation was to
have taken place. When the portion that was left out petitioned for
the vacation, it was denied because of a lot illegally created by
this error. At this point the plat has requested to be withdrawn from
filing.
The school site selection committee is still working an the problem.
c. City Administration
Jeff Labahn reported that the Swires plat will be back with a request
for a conditional use permit for the elementary school.
Have received an application for a PURD which will be at the next
meeting.
Jeff reviewed the correspondence material in the packet.
The Council approved a substitute ordinance which outlaws free
standing mobile homes altogether in the RR zone, they will be allowed
~ in mobile home parks only. This will be effective April 5th.
10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
None
ll. INFORMATION ITEMS
No comments or questions
12. COMMI5Si0N COMMENTS & QUESTIONS
Commissioner Osborne asked for a progress report on his drainage
ditch, na report.
Jeff Labahn and the Commission discussed the Ered Meyer proposal and
the sale of the Section 36 parcels.
13. ADJOURNMENT
There being no further business, the meeting was adjourned at 10;25 pm
The next regular meeting will be March 27, 1985 at 7:00 pm.
Janet Loper
Secretary
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