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HomeMy WebLinkAbout1985-06-12 P&Z MinutesJ KENAI PLANNING & ZONING COMMISSION June 12, 1985 - 7:00 p.m. Kenai City Hall Lee Lewis, Chairman AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC WEARINGS * Public Comment limited to 5 minutes a. Resolution PZ85-37: Variance for Setback from Centerline - Lot 3 Nissen 5/D, Malston-Braun Add. - Malston & Schilling b. Resalution PZ85-36: Rezone Lot 6, Blk 15, Kenai Original Townsite - from Urban Residential to General Commercial - Will Jahrig c. Resolution PZ85-34: Amend Zoning Code - Interior Lot Lines d. Resolution PZ85-51: Variance from Sideyard Setback - Lot 8, Blk 20, Kenai Original Townsite - Swarner/O'Connell e. Resolution PZ85-52: Rezone Gov't Lot 8, Sec. 3 -from RR-1 to RS Tarlas f. Resolution PZ85-42: Conditional Use Permit for Extraction of Natural Resources - Portion Sec 4 - Doyle (ref. item 7-a) 5. APPROVAL OF MINUTES of May 8, 1985 6. OLD BUSYNESS a. Request for Vacation of 10' Walkway - Peggy Arness 7. NEW BUSINESS a. Lease Application: Portion Gov't Lot 8, Sec 4, TSN, R11W, SM - for Gravel Extration - Pat & Mary Doyle (ref item 4-f) b. Preliminary Plat PZ85-39: Koa Circle Revised - ) c. Preliminary Plat PZ85-40: Baron Park #2 PLANNING COMMISSION AGENDA June 12, 1985 Page 2 d. Preliminary Plat PZ85-41: e. Preliminary Plat PZ85-43: f. Preliminary Plat PZ85-44: g. Preliminary Plat PZ85-45: h. Preliminary Plat PZ85-46: i. Preliminary Plat PZ85-47: j. Preliminary Plat PZ85-48: k. Preliminary Plat PZ85-49; 1. Preliminary Plat PZ85-50: m. Preliminary Plat PZBS-53: 8. PLANNING 9. REPORTS Leo T. Oberts 2nd Add. South Ames Rd. Dedication Janoucek S/D Glass S/D ~k2 Kay Lynn S/D #Z Silver Pines S1D Silver Pines S!D #Z Sprucewood Glen S/D ~-~3 Woodbriar S/D ~~3 VIP Country Estates Part 5 a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS Review of Gravel Extraction Report - Cone & River Bend Sand & Gravel Rules far Detached Zero-lot-line Homes Council Agendas Letter from FAA - Motel on Lot 2A, Blk 1, FBO S/D 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT Please be sure to bring your copy of the Zoning Code _~ M- 6 ~ KENAI PLANNING & ZONING COMMIS5ION June 12, 1985 - 7:00 p.m. Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Present: Lewis, Carignan, Oleson, Osborne, Smalley, Zubeck Absent: Bryson - excused 2. APPROVAL OF AGENDA Land Manager Labahn recommended elimination of items A-f and 7-a, both related items. Mr. Labahn explained the reason for elimination is that an initial action failed at the Council level. The applicant supports the removal of these two items from the agenda. Only if Council approves the ordinance will the two items return and everyone will be re-contacted. Councilman Wise: point of clarification, question of ownership of natural resources; Mr. Labahn stated that the Dept. of Natural ~ Resources has confirmed that the mineral rights conveyed to the City along with the patent. Councilman Wise wished to further clarify that this item can return to the Commission. Land Manager Labahn asked that a lease application be added under item 7-a and a Corps permit under item 7-n MOTION: Commissioner Carignan moved approval of the amended agenda, seconded by Commissioner Smalley VOTE: Motion passed by unanimous consent 3. PERSON5 PRESENT SCHEDULEp TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ85-37: Variance for Setback from Centerline - Lot 3 Nissen S/D, Malston-Braun Add. - Malston & Schilling Chairman Lewis opened the item to the public, there was no comment. ~~ PLANNING COMMISSION MINUTES June 12, 1985_ Page 2 Chairman Lewis brought the item back to the Commission for discussion. Mr. Ron Malston, applicant, came forward to answer questions of the Commission. Mr. Malston: in order to construct an addition to the existing building and stay within the configurations of the lot, 7' will be within the setback limits. (This is the setback requirement not within the ROW) The Commission asked if Mr. Malston had considered placing the building closer to the Rainbow Bar in order to avoid the encroachment, Mr. Malston stated that he had, however, asthetically it is undesirable as the front of the building would face the rear of the bar. MOTION: Commissioner Srnailey moved to approve PZ85-37, seconded by Commissioner Osborne. Mr. Labahn noted that this is the first variance under the new criteria. Commissioner Smalley noted that the lot is an irregular shape, that ~ the variance would meet criteria #l. (referencing a?) Commissioner Carignan noted that it would not meet criteria ~b since it is the extension of the building causing the variance. Mr. Labahn pointed out that while it did not meet item b specifically, Old Towne is a "mess" and that there are several encroachments. In a commercial zone, construction is allowed to the lot line and this is a more desirable approach than some existing in the area. VOTE: Motion passes yes: Lewis, Osborne, Smalley, Zubeck no: Carignan, Oleson b. Resolution PZ85-38: Rezone Lot 6, Blk 15, Kenai Original Townsite - from Urban Residential to General Commercial - Will Jahrig Chairman Lewis opened the item to the public. Dan Hakkinen, resident near the property in question, stated opposition to the rezoning for two reasons, 1) there is an Old Towne Committee conducting a study and will be making recommendations, and 2) by rezoning to commercial, it would allow such things as a garage, used car lot, or a junkyard, all possibilities that would not enhance the area. ~ PLANNING COMMISSION MINUTES June 12, 1985 Page 3 There being no further public comment, Chairman Lewis brought discussion back to the Commission. Jeff Labahn commented that there is an old established structure on the lot the owner would like to remodel and according to the code he would not be allowed to do so. The Borough generally does not allow rezoning anything under 1 acre, however, this property does adjoin an already existing commercial zone. Commissioner Carignan stated that he would prefer to hold back on any rezoning until after the Old Towne study, especially in view of the fact that one other rezoning request was handled the same way, Commissioner Smalley agreed. Mr. Labahn gave timeline for OId Towne Study. MOTION: Commissioner Smalley moved to table PZ85-38 to be rescheduled at a future date, upon completion and submission of the Old Towne Study, seconded by Commissioner Carignan VOTE: Motion passed unanimously. c._ Resolution PZ85-34: Amend Zoning Code - Interior Lot Lines Chairman Lewis opened the item to the public. Howard Hackney came forward and explained that the prior amendments were done because a problem existed and we were in a hurry and the amendment proved to be too restrictive. When a person owns Z or more lots there generally is no problem building across lot lines and they should not be penalized because of someone else' problem. By adopting this it would accomplish both, it would allow someone to legitimately build across a lot Line and allow for control over the sale of a building being sold in that manner. Commissioner Zubeek asked if procedure is now to replat two lots rather than having a building across a lot line, answer it has been. Commissioner Zubeck stated there should be na problem provided the lots are under one owner. This does not mean that a lot should not be carefully surveyed to avoid possible problems such as the ones that end up before the Commission. Howard Hackney explained that the problem came with the Merit Plaza when they decided they wanted to build across a lot line then sell one lot with a building on it. There must be a party (or fire) wall between the buildings in order for the building to be sold if it rests on a lot line. In the Merit Plaza this was not the case, "they would have to eliminate the property Commissioner Carignan asked if a _~ ~ PLANNING COMMISSION MINUTES June l2, 1985 Page 4 building sits across two lots does this mean it has to be sold as one lot, answer basically yes because the Borough will treat it as one lot and must be sold as one unit. George Bradford: this resolution becomes more important over time as the city grows and more retailers come into the area. The Peninsula Center Mall is an example of this resolution, Pay N Sav owns three of the mall shops along with their building. Without a resolution like this you need a misen (sic} wall through it and a fire wall. This is opposed to residential where the two Lots have to be sold as one. There being no further comment, Chairman Lewis closed the public hearing MOTION: Commissioner Carignan moved adoption of PZ85-34, seconded by Commissioner Zubeck VOTE: Motion passed unanimously. ~ d. Resolution PZ85-51: Variance From Sideyard Setback - Lot 8, Blk 20, Kenai Original Townsite - Swarnerl0'Canneli Chairman Lewis opened the item to public hearing. Dennis Swarner, petitioner. Would like to set the building far enough from the bluff to prevent erosion which would place the building on the westerly lot line thus creating the need for the variance. Commissioner Carignan noted criteria b and asked Mr. Swarner to respond; the lot configuration is a factor, an HEA utility pole on the one side, and the bluff on the third side. Councilman Wise asked if the stipulation on the lease of the lot adjoining the westerly boundary was that no buildings would be constructed and that it was to be used for parking only? Answer yes. There being na further comments, Chairman Lewis brought discussion back to the Commission. MOTION: Commissioner Carignan moved adoption of PZ85-51, seconded by Commissioner Smalley DOTE: Motion passed unanimously. PLANNING COMMISSION MINUTES June 12, 1985 Page 5 e. Resolution PZ85-52: Rezone Gov't Lot 8, Sec. 3 -from RR-1 to RS Tarlas Chairman Lewis opened the item to the public. George Papadopolis (sic) came forward representing Mr. Tarlas, the petitioner. The request to rezone would allow subdivision of a 2.5 acre lot into smaller lots with 5 to 6 homes. Commissioner Osborne asked if the parties were aware of the rezoning for the area just passed the parties explained that they do not speak English very well and did not question what was going on until too late. Mr. Labahn explained that Mr. Tarlas had approached him after the application had gone through both the Commission and Council and at that time he advised Mr. Tarlas that this would probably be his only approach. Commissioner Smalley asked the number of notices sent out, answer 15. Commissioner Smalley asked if there was any written comments, answer no. Ramon Rogers, adjacent property owner. The property owners in the area have worked at trying to get the area rezoned into larger lots For approximately 1 1/2 years, the purpose being that the residents do not want any mare examples like the Treetop apartments. 8y rezoning to R5, 6 plexes would be allowed with from 8 to 40 dwelling units. This is far too dense. Mr. Rogers presented photographs of the area depicting wetlands. Mr. Rogers explained that the area surrounding Mr. Tarlas' lot is extremely wet and would not support heavy density even with City utilities. While trying to dig a test hole, a City cat got stuck. Larry Rember, resident of the area and representative of several residents adjoining the property. "We are opposed to the rezoning, esp. to RS because of the condition of the land itself." It would not accomodate a high density. George Tarlas. The wetness would not make any difference. Do not intend to put in anything other than houses. MOTION: Commissioner Carignan moved approval of PZ85-52, seconded by Commissioner Osborne. Commissioner Osborne stated that he will be voting no on this resolution based on the Fact that, even though the applicant stated he did not know what was going on when the area was rezoned to RR-1 the residents of the area worked hard to get the rezoning. Commissioner Smalley agreed with the addition that with 2.5 acres Mr. Tarlas will ` PLANNING COMMISSION MINUTES June 12, 1985 Page 6 VOTE: still be able to get 4 houses, and second it appears to be spat zoning. Councilman Wise stated that at the Council hearings there were objections and those lots were not included in the zoning, however, they were contiguous and this is a different case. Commissioner Carignan felt empathy with Mr. Tarlas in not understanding and would consider a rezoning back to an RR but not to RS, that would make too much of an impact on the neighborhood. Motion fails unanimously 5. APPROVAL OF MINUTES of May 8, 1985 Minutes approved as submitted 6. OLD BUSINESS a. Request for Vacation of 10' Walkway - Peggy Arness Peggy Arness presented a plat of the area and further testimony concerning the walkway. At the last meeting the Commission had agreed to view the area. The Commission and Jeff Labahn Hated that there are other access points available. MOTION: Commissioner Smalley moved reconsideration of PZ85-3, seconded by Commissioner Olsborne VOTE: Motion passed unanimously. MOTION: Commissioner Smalley moved approval of PZ85-3 with exclusion of the referenced 10' easement, seconded by Commissioner Osborne. VOTE: Motion passed unanimously. 7. NEW BUSINESS a. Concept Lease Application: Lot Adjacent to Lot 3, Baron Park 5/b - for Support Parking - Walter P. Craycroft Jeff Labahn informed the Commission that this lease is to be considered a concept application because the property is unsubdivided and will need approval from the EAA. There was a question of building ~ on the lot since the application indicated future buildings, it was `~ PEANNING CDMMISSION MINUTES June 12, 1985 Page ~ made clear that the land is unfit for anything but parking and no buildings will be constructed at any time in the future. Mr. Craycraft cited the reason for the additional parking is that off- loading of the new vehicles creates hazards - the cargo vans have to park on the Spur Hwy while off-loading. Commissioner Carignan asked about the condition of the property - it is wet, very muddy, will need extensive fill just to be used for parking, therefore indicating that any improvements will be a better use. MOTION: Commissioner Smalley moved approval of the concept lease application for the described property to Mr. Craycroft, seconded by Commissioner Osborne. VOTE: Motion passed unanimously. NOTE: The following plats were taken out of order to aceomodate persons waiting at the meeting. MOTION: Commissioner Smalley moved to take the plats out of order as noted, seconded by Commissioner Osborne voTE: Motion passed by unanimous consent e. Preliminary Plat PZ85-43: South Ames Rd. Dedication Property owners came to the City and discussed being included in the engineering, design, and potential construction of the road from the paint where Ames Rd veers off the section line. The Gity agreed if the property owners organized themselves and platted a ROW along that portion. This plat is a result of that effort. MOTION: Commissioner Smalley moved approval of negative findings and including staff seconded by Commissioner Osborne. VOTE: Motion passed unanimously. PZ65-43 with correction of comments (item 9 on resolution) b. Preliminary Plat PZ85-39: Koa Circle Revised This plat adds I lot to an already existing plat. PLANNING COMMISSION MINUTES June 12, 1985 Page 8 MOTION: Commissioner Smalley moved approval of PZ85-39 with correction of negative findings and including staff comments (item 9 on resolution) seconded by Commissioner Osborne. VOTE: Motion passed unanimously. f Preliminary Plat PZ85-44: Janoucek S/D Lot 1 does not meet the 3 to 1 length to width requirement. Administration has no objection to this design. MOTION: Commissioner Smalley moved approval of PZ85-44 including the comments eliminating the 3 to 1 requirement, seconded by Commissioner Osborne. VOTE: Motion passed unanimously. g. Preliminary Piat PZ85-45: Glass S/D ~2 The plat has an existing structure creating a need to a) remove the structure, b) lots cannot be sold separately MOTION: Commissioner Smalley moved approval of negative findings and including staff seconded by Commissioner Osborne. VOTE: Motion passed unanimously. PZ85-45 with correction of comments (item 9 on resolution) k._ Prelimzna~ Plat PZ85-49: Sprucewood Gien S/D ~3 This plat subdivides tract D MOTION: Commissioner Smalley moved approval of negative findings and including staff seconded by Commissioner Osborne. VOTE: Motion passed unanimously. PZ85-49 with correction of comments (item 9 on resolution) ~ PLANNING COMMISSION MINUTES June 12, 1985 Page 9 c. Preliminary Plat PZ85-40: Baron Park ~2 This plat realigns Marathon Rd to intersect with the Spur Hwy. and merges the Craycroft lease. Craycroft will now be able to off-load their vans from Marathon onto the rear lot. MOTION: Commissioner Smalley moved approval of PZ85-40 with correction of negative findings and including staff comments (item 9 on resolution) plus the comments regarding the lease seconded by Commissioner Osborne. VOTE: Motion passed unanimously. d. Preliminary Plat PZ85-41: Leo T. Oberts 2nd Add. This plat adjusts Lots 10 & 11. ~ MOTION: Commissioner Smalley moved approval of PZ85-41 with correction of negative findings and including staff comments (item 9 on resolution) seconded by Commissioner Osborne. VOTE: Motion passed unanimously. h. Preliminary Plat PZ85-46: Kay Lynn 51D ~2. The Commission noted that all three street names are incorrect. MOTION: Commissioner Smalley moved approval of PZ85-~6 deleting the building inspectors comments from the staff comment sheet, seconded by Commissioner Carignan. voTE: Motion passed unanimously. ~. Preliminarv Plat PZ85-47: Silver Pines S/D This plat is the former zero lot line development back to a standard subdivision size. This plat is to satisfy the financing through the bank, the plat following is the subdivision, both must be approved in order to satisfy the bank. Commissioner Osborne asked if McKinley -~ Street was nearby and if so would-this subdivision interrupt the PLANNING COMMISSION MINUTES June 12, 1985 Page 10 through way, Jeff Labahn answered that the Sears School property would interfere with McKinley being cut all the way through. MOTION: Commissioner Smalley moved approval of PZ85-47 with correction of negative findings and including staff comments (item 9 on resolution) seconded by Commissioner Carignan. VOTE: Motion passed unanimously. j. Preliminarr~Plat PZ85-48: Silver Pines 5/D ~2 MOTION: Commissioner Smalley moved approval of negative findings and including staff seconded by Commissioner Carignan. VOTE: Motion passed unanimously. PZ85-48 with correction of comments (item 9 on resolution) 1. Preliminary Plat PZ85-50: Woodbriar S/D ~3 This plat takes a former plat design for zero lot line development and creates a standard subdivision. MOTION: Commissioner Smalley moved approval of PZ85-5O with correction of negative findings and including staff comments (item 9 on resolution) seconded by Commissioner Carignan. VOTE: Motion passed unanimously. m. Preliminary Plat PZ85-53: ViP Country Estates Part S MOTION: Commissioner Smalley moved approval of PZ85-53 with correction of negative findings and including staff comments {item 9 on resolution) seconded by Commissioner Carignan. VOTE: Motion passed unanimously. n. Corps of Engineers Public Notice of Application - Homer Electric This application for permit is for the purpose of placing 1,700 cubic yards of sand and gravel fill into a wetland area in order to place a PLANNING CDMMISSION MINUTES June 12, 1985 Page ll storage yard for equipment on the property. MOTION: Commissioner Carignan moved to request Administration send a letter of non-objection on behalf of the Commission, seconded by Commissioner Smalley VOTE: Motion passed unanimously. 8. PLANNING None 9. REPORTS a. City Council Councilman Wise reported that the sign code was modified by the attorney and passed on to Council for introduction. The landscaping ~ ordinance was modified to include the Sa maximum and passed with the escrow wavered. b. Borough Planning Commissioner Bryson not in attendence c. City Administration Jeff Labahn expanded the discussion of the landscaping ordinance. Councilman Wise explained his feeling that the ordinance will not work, not because of the ordinance itself but because of the effective date. Cour~il~nan Muse asked secretary to fora~lly pass on his request to the acting city clerk to place hia~ on the agenda for Council to reconsider the ordinance based on the affective date. Jeff Labahn reported that he will be travelling to Homer. Homer is in the process of drafting a landscaping ordinance also. The golf course lease was approved and a layout was presented with an initial 9 holes. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None PLANNING COMMISSION MINUTES June 12, 1985 Page 12 11. INFORMATION ITEMS Review of Gravel Extraction Report - Cone & River Bend Sand & Gravel Commissioner Carignan.asked if there was any information available concerning reclamation on these pits, answer no, these pits were granted the permits some years ago with no stipulations. Rules for Detached Zero-lot-line Nomes This is material furnished Pram the Anchorage newspapers all describing problems with the concept. Council Agendas No comments Letter from FAA - Motel on Lot 2A, Blk 1~ FBO S/D No comments 12. COMMISSION COMMENTS & QUESTIONS Commissioner Osborne asked about when the upgrading work on Cook Inlet View Drive would be done, answer unknown but will check. Commissioner Osborne informed the Commission that several neighbors had been complaining about the fence at the end of Cook Inlet View Dr. that had been erected by the Native Association. The fence is now mostly torn and ragged, posing a potential hazardous situation. No comments. 13. ADJOURNMENT There being no further business, the meeting was adjourned. The next regular meeting of the Commission is Wednesday, June 26th. Janet Loper Secretary PLANNING & ZONING COMMISSION ~~ Ro11 i~~`1 ~~ ' ,~ Call ~~ ~ ~~ ~ U' ~ ~ ~ ,~ `~ `~ ti ~ ~ ~~ ~y~ `~ ~~ Chairman ,~ •Lee Lewis Phil Bryson Richard ~% ~ ~ ,/ Carrignen ~ ~ y \~ ~ `~ Bob Oleson ~ ~ ~I ~ `~ Ozzie Osborne Hal Smalley ~ ~ Bill Zubek - - 1 `~ TO DO ~~ 6 ~~' ~~~ ~~~~~~~ PLANNING S ZONING COMMISSION ~~l call U" t, ~~ i i ~ ~ ~'~ ~ ~~y~~ Chairman 'Lee Lewis ~ ~ `I `1 I_ \~ .~. "Phil ..._ Richard Carrignon ~ ~ j `, Bob Oleson ~1 I ~~ ~~ Ozzie Osborne ~ `I II Hal Smalley ~ Bill Zubek _ '~ " TO DO