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HomeMy WebLinkAbout1985-05-08 P&Z MinutesKENAI PLANNING & ZONING COMMISSION May 8, 1985 - 8:00 p.m. Kenai City Hall Lee Lewis, Chairman Joint Commission/Council Worksession - Kenai Comprehensive Plan Project 6:30 - 8:00 p.m. AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS Resolution PZ85-35: Amending Zoning Cade -Sign Code Section 14.20.220 5, APPROVAL OF MINUTES of April 24, 1985 6. OLD BUSINESS a. Concept Lease Application: Tracts 8-1 & B-2, CIIAP S/D ~4 - Retail Mall - Fred Meyer Real Estate Properties, Ltd. b. Discussion: Vacation of 30' Easement - Govt Lots 33, 34 & 35 - Catholic Church c. Preliminary Plat PZ85-36: Inlet View S/D Third Add. (revised) 7. NEW BUSINESS a. Request to Purchase City-Owned Lands: Lot 5, Walkowski-Deland S/D and Lot 5, B1k 4, Kenai Original Townsite 8. PLANNING Land Manager Conference Report - 1985 American Planning Association/ Canadian Institute of Planners Annual Conference 9. REPORTS a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS Proposal to Lease Land for Aggregate Extraction - Doyle Const. Co. Golf Course RFP (copies available at the meeting} Memo from City Clerk Council Agenda 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT KENAI PLANNING & ZONING COMMISSION May 8, 1985 - 8:00 P.M. Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL 2. 3. Present: Ali Commissioners Present APPROVAL OF AGENDA Add 3-a, Peggy Arness Agenda approved with the addition PERSONS PRESENT SCHEDULED TO BE HEARD a. Connection of Lots 5&6~Blk 7, and Lot 1, Blk 8, Kenai Townsite Peggy Arness came forward to explain her request. At the Planning Commission meeting of January 9, 1985, the Commission reviewed a vacation request for the described property. At that time the Commission had requested a 10' pedestrian access easement along the top of the bluff. It is this 10' easement that Mrs. Arness would like removed for the two basic reasons of: 1) Lot 1 B1k 8 is useless when cut off by the walkway, and 2} the trail that is developing in the vicinity is badly eroding the bank and if encouraged will eventually cause substantial loss of usable property. Commissioner Bryson stated that the purpose of the 10' walkway was to provide public access from one city property to another city property the purpose mainly being in the interest of tourism. Peggy Arness pointed out that this would divide the 2 properties in half rendering each unusable. There are other points of access very near, one being Spruce Street and the Meeks Crossing which is on City property. Commissioner Bryson requested postponement of action until the next meeting, giving the Commission a chance to view the property. The Commission agreed. This will appear as an item for consideration at the next meeting. 4. PUBLTC HEARING a. Resolution PZ85-35: Amending Zoning Code - Sign Code 14.20.220 Howard Hackney, Building Inspector came forward and explained his revisions. All were designed to make the code easier to interpret. On item 3 - intent is to allow government signs off premises. t PLANNING COMMI5SION MINUTES May 8, 1985 Page 2 MOTION: Commissioner Carignan moved, seconded by Commissioner Oleson, to adopt P285-15. VOTE: Motion passed unanimously. 5. APPROVAL OF MINUTES of April 24, 1985 Minutes were approved as submitted 6. OLD BUSINESS a. Concept Lease Application: Tracts B-1 & B--2, CHAP S/D #4 -Retail Mall - Fred Meyer Real Estate Properties, Ltd. Jeff Labahn reitterated that this application was before the Commission at the last meeting at which time it was determined that there was not enough information to approve. The application now returns with supplemental information which was handed out before the meeting. The front page covers the details requested. Jeff pointed out the that the site plan is for the Juneau complex. The Kenai complex will be very similar with some differences. "This application should be looked at as a concept from a standpoint that due to the magnitude of the development and lack of action in entering into a lease agreement, they have fairly general information as to how they plan to develop the site. What they request is a go-ahead on a concept level based upon the information submitted and once a lease agreement is finalized they will then prepare the final detailed site plan which would return to the Commission and the Council prior to construction. I would recommend we receive all detailed information required of any other applicant, i.e., landscaping, snow removal, internal circulation, parking, and specific phase development dates." Commissioner Bryson stated that, "our action last meeting was in no way a rejection of the project although it came out that way in the paper and 'rumbled around Council' that way. We tabled it because there was no backup, no representative, no site plan, no represent- ative from administration, no recommendations, basically no backup at all. As a formal document last week was the first time the Fred Meyer project had been mentioned to this body." Commissioner Bryson asked Jeff Labahn is this was going to be the approach for all in-coming projects where the property is undeveloped? Jeff Labahn answered that this property is substantially bigger than any looked at previously. Commissioner Carignan, noting that the complex in Juneau is smaller, if the applicant would need the entire parcel, referring to Mr. Petty's application. Jeff Labahn answered that other developments were planned which would be in support of their activity. Commissioner -} y PLANNING COMMISSION MINUTES May 8, 1985 Page 3 Smalley noted that the lease for Howard, Garner, and Smith was very similar and was for the same entire piece of property. Jeff Labahn explained that these applicants had much the same approach. Mayor Wagoner came forward and stated that this proposal began last October. It was noted in Commission minutes that a desire had been made known that the Commission wanted to be a part of these type of discussions. Mayor Wagoner explained that this is not always possible and why. Mayor Wagoner went on to explained that the Petty lease was turned down because Council did not feel that the twin theaters were not the highest and best use of that property. There has been evidence that theaters and shopping centers are not compatible uses. Mayor Wagoner assured the Commission that Fred Meyer plans to not only follow the landscaping ordinance but will most probably exceed the minimum requirements. Commissioner Smalley expressed a desire for the Commission to be more involved in potentially overlapping lease applications. Commissioner Carignan expressed appreciation of the fact that options were discussed with Mr. Petty. MDTION: Commissioner Carignan moved approval of the concept lease application for Tracts B-2 & 2, CIIAP S/D for Fred Meyer Real Estate Properties subject to meeting all requirements provided by the cads, that they have a detailed site plan, snow removal plan, landscaping plan, access and curb cuts, circulation, parking, fencing, and storage areas, seconded by Commissioner Smalley. VOTE: Motion passed unanimously. b. Discussion: Vacation of 30' Easement - Govt Lots 33,34, & 35 - Catholic Church This issue comes before the Commission for recommendation to be passed on to the Council at their next meeting. Since this is a returning issue, John Williams brought the Commission up to date on the circumstances which brought about the request. Commissioner Bryson, in reference to the photos, stated that it appears that the trailers from the adjoining property were on the 15' easement, a chain link fence belonging to the trailer court has cut off access to the 3O' fence and asked if the church had a fence along the southern side. John Williams answered yes, that it was on the southerly border of the 15' easement which is on the legal boundary of ~ the church's boundary. The fence was never completed and will not be until the question of the easement is resolved. PLANNING COMMISSION MINUTES May 8, 1985 Page 4 MOTION: Commissioner Smalley moved to recommend the granting of the vacation of the 30' easement on Govt lots 34 & 35 back to the ownership of the Catholic Church, seconded by Commissioner Carignan. VOTE: Motion passed unanimously. c. Preliminary Plat PZ85-36: Inlet View S/D Third Add. (revised Jeff Labahn introduced this plat as being revised after discussion at the last meeting. The difference is that Norman Street now extends to the southerly boundary of the 5 acre parcel to the north. There is a plat available which shows the owner's intention to develop Tract B which is the Norman St./Rogers Rd. portion. There is only one instance where the Commission has required a second access, that being Inlet Woods where there were approximately 200 lots funneled into one access. Stan McLane, representing the owner, came forward and explained the design. Mr. McLane compared the present plat with that of the original plat which was recorded back in 19b0. It appears that at one time there were strips set aside between the 5 acre parcel and Tract A which would be traded to provide access to the second phase. "Right now the owner doesn't feel like having a street through there as we are going ahead with the first phase." When the 5 acres are developed there will be room for the access and lots as planned. Commissioner Carignan asked if there was any way to go through Tract A. Stan McLane answered that the gully is wetlands and is zoned Conservation. Putting the access through would be expensive and would have to be filled requiring a permit from the Corps. plus a lift station is in close proximity but it has not been looked into. Commissioner Carignan asked how many lots would be in the first phase, answer about 25 lots with a time line being as soon as the plats are approved. Jeff Labahn explained that if this plan is adopted, i.e. Norman St. is terminated at the boundary of the adjoining tract, if and when that owner develops that property he will be required to continue that access, the question being how long before that tract is developed. Commissioner Bryson asked if the intent was to retain the administ- rative comments from PZ85-30 be included with PZ85-36, answer yes, with the exception of the comments regarding the covenants, they should be struck. PLANNING COMMISSION MINUTES May 8, 1985 Page 5 MOTION: Commissioner Bryson moved approval of PZ85-36 with incorporation of revised staff comments, seconded by Commissioner Osborne. Commissioner Bryson stated that possibly Norman St. proposed to link up with Lawton should be included in a street master plan that the City may develop as part of the master plan. Commissioner Carignan asked that this be stated mare strongly, Commissioner Smalley asked if this was not a requirement already at the Borough level, answer yes. Commissioner Smalley asked when phase II was anticipated, answer 1986 or depending upon sales of the units. Greg Daniels asked to be heard. Mr. Daniels is a resident of Inlet View, explained that the original plat filed in 1960 was probably gaol for 1960 but not in 1985. "I feel that we have some legitimate concerns. We question when that 5 acre parcel is developed, it could be as much as 10 years from now. We are not willing to compromise safety for 10 years. When you stub out the road there it is blacked. Children play in the street is a fact and cars park there. It is a 60' ROW and there is 32' driving surface, however there are safety factors, one being snow removal. In the winter the snow is piled at least 3' high, shortening the driving surface creating a one-way street. Rogers Rd curves making visibility dangerous. With the new addition, approximately 100 cars will be added to use the street per day, not counting any additional traffic. Our main concern is not to stop development but for safety. Now is the time while it is still in the planning stages to develop the other access and we feel that Tract A is a strong possibility knowing that the 5 acre parcel may never be developed. The lift station is farther away from the area than Mr. Mclane indicated. There is enough roam for a ROW through that tract. Mr. Daniels entered a petition into the record signed by all but 3 property owners in Inlet View. The petition objects to the present plat and "asserts that Rogers Rd cannot support the traffic that the proposed subdivision will create". Mr. Jerry Hanson of 107 Paula in Inlet View commented that the request is for the second access right now. Commissioner Smalley asked what kind of legal position the City is in regarding requiring a road through either Tract A ar the 5 acre parcel. Jeff Labahn stated that there is no ordinance either City or Borough which covers such items as: for every certain number of houses there will be x number of access, etc. A possible solution would be to limit or eliminate parking in the streets. In an attempt to visualize the access vs units, Commissioner Carignan and Commissioner Bryson used Redoubt S/D as an example where there is a mixture of apartments and homes numbering about 20 with 2 access points. Commissioner PLANNING COMMISSION MINUTES May 8, 1985 Page 6 VOTE: Smalley pointed out that the City is requiring the owner of the 5 acre parcel to dedicate some of his land for ROW where the request from the public has been that the existing owner provide that access for his own development. Commissioner Carignan asked if there was a way to combine access points between Tract A and the 5 acre parcel which would be a beginning. Jeff Labahn stated that the engineer had considered it, however, it creates a half dedication situation which was not desirable. Stan McLane agreed, stating that the better plan would be to go ahead with a full road through Tract A or with the present plan. Motion passed unanimously. 7. NEW BUSINESS a. Request to Purchase: Lot 5, Walkowski-Deland S/D and Lot 5, Blk 4, Kenai Original Townsite These are City properties and individual requests have been received for purchase. The police and fire departments, and the Parks & Rec Commission have been contacted and they find no use for the property. MOTION: Commissioner Bryson moved, no problem with the Walkowski property, however on the Townsite proposal recommend the application be denied until after the study on the area has been completed, seconded by Commissioner Osborne. VOTE: Motion passed unanimously. Jeff Labahn asked if it was the intent of the Commission to review the Old Town parcel after the study is completed, answer yes. 8. PLANNING Land Manager Conference Report - 1985 American Planning Association/ Canadian Institute of Planners Annual Conference. Jeff Labahn reported that the meeting was "mildly worthwhile" and finds the trend appears to be towards more flexibility in items such as variances, conditional uses, etc. Mr. Labahn attended a seminar which dealt with public relations, the media, and dealing with controversy which proved informational. PLANNING COMMISSION MINUTE5 May 8, 1985 Page 7 The state planning association meeting will be held in Homer and will be geared towards commissioners and one man planners. The meeting will be in September and the exact date will be passed along later. Commissioners are invited and encouraged to attend. 9. REPORT5 a. City Council Councilman Wise referred the Commission to the Council Agenda. No comments. b. Borough Planning There were no city plats. c. City Administration Jeff Labahn asked for a clarification of the motion pertaining to Fred Meyer. "My suggestion was incorporating all information into the ~ lease agreement and require them to submit a detailed site plan upon lease execution through both Commission and Council prior to any construction and is that the intent of the motion". Answer yes. Commissioner Bryson asked to have a policy established for other tracts of land similar. The Commission and Councilman Wise further discussed the issue, Commissioner Carignan presented an article from the Anchorage Times written by a realtor concerning zero lot line construction. The type of construction was felt to be derogatory in nature to communities. The Commission discussed the issue of the sale of city lands and decided the motion was not worded clearly. MOTION: Commissioner Bryson moved to reconsider the motion, seconded by Commissioner Carignan. UOTE: Motion passed with unanimous consent MOTION: Commissioner Bryson moved for division of the question, seconded by Commissioner Carignan. VOTE: Motion passed by unanimous consent ,~ i PLANNING COMMISSION MINUTES May 8, 1985 Page 8 MOTION: (First Division) Commissioner Bryson moved to recommend the disposal of Walkowski- DeLand parcel, seconded by Commissioner Carignan. VOTE: Motion passed with unanimous consent MOTION: (Second Division) Commissioner Bryson moved to recommend disposal of Lot S, Blk 1 Kenai Townsite, seconded by Commissioner Carignan VOTE: Commissioner Bryson stated his reasons for wishing the division and recommendation not to allow sale of the Kenai Townsite parcel was that lands within the boundary of the Old Towne project should be maintained status quo until the study is completed. Motion failed unanimously. 10. PERSONS PRESENT NOT SCWEDULED TO BE HEARD ~ Nane 11. INFORMATION ITEMS No questions or comments 12. COMMISSION COMMENTS & QUESTIONS The Commissioners gave their vacation times for the summer. Chairman Lewis will not be in attendance at the next meeting. Notice will be given of any meetings not having a quorum. 13. ADJOURNMENT There being no further business, the meeting was adjourned at 10:40 pm Janet Loper Secretary "., i -w..._. `t ~~ Roll Call PLANNING & ZONING COMMISSION ~~ ~ ~ ~`~ X ~ 5~' vii' ~~; ~~ ti~ ~~ . ////i Chairman 'Lee Lewis ~ "Phil Bryson Richard Carrignen Bob Oleson \~ ~ Ozzie Osborne - 1I r ~ 1~ N Hal Smalley ~ ~ ~ y 1 p~~ Bill Zubek - -._:::; ~' - TO DO _~,§-4g _~ ~,