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HomeMy WebLinkAbout1985-11-27 P&Z Minutes~ KENAI PLANNING & ZONING COMMISSION November 27, 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 HEARINGS a. Resolution PZ85-83: Rezoning Portion of Section 33 Known as Lawton Acres from Conservation to General Commercial District 5. APPROVAL OF MINUTES of November l3, i9$5 6. OLD BUSINESS 7. NEW BUSINESS a. *Home Occupation Application: Portion BLM 129, Known As City Park SID - for Home CookinglProcessing - Debbie Sherebernikoff b. Disposal of City-owned Lands: Lot 34, Blk 1, Valhalla S1D Part II c. Preliminary Plat PZ85-84: Gusty S/D #G d. Resolution PZ85-85: Street Name Change - Baron Park 5ID 8. PLANNTNG 4. REPORTS a, City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD PLANNING COMMISSION November 27, 1985 Page 2 11. INFORMATION ITEMS Council Agenda Borough Planning Agenda 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT ~ No material as of packet time N•b ~ KENAI PLANNING & ZONING COMMISSION November 27, 1985 - 7:00 p.m. Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Present: Lewis, Bryson, Carignan, Oleson, Osborne, Smalley, Zubeck 2. APPROVAL OF AGENDA Planning Specialist Loper asked to have the home occupation removed from the agenda. Agenda approved with the change. 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC. HEARINGS a. Resolution PZ85-83: Rezoning Portion of Section 33 Known as Lawton Acres from Conservation to General Commercial District Councilman Wise asked that the Chairman to "clarify exactly what you're doing, its the west 300". We're not talking about the whole strip". Chairman Lewis asked that Mr, Nath present his case before the public hearing. Bob Nath of Property World Realty, representative of Kurani Corp./ Pizza Hut, Mr. Nath explained that the main issue is the rezoning of the portion described from Conservation to General Commercial and quoted the comprehensive plan that is forthcoming as projecting the entire strip from Walker Lane to the gu11y as commercial. If that is the case, it would be in order to set a plan for development. Mr. Nath suggested a deed restriction that any land that is sold in that area have a i0' wide greenbelt along Lawton Dr barring access, driveways, and curb cuts except for utilities. Jerry Carlson (1}, from the audience asked several questions regarding other sites available. Commissioner Smalley agreed, quoting an earlier comment that financing is not a problem with the Kurani Corp. and further that the projected comprehensive plan has made no commitment in writing that the Commission is aware af. Mr. Nath ~ mentioned several different locations, stating that each of these wanted Weil above market value. i PLANNING COMMI5SION November 27, 1985 Paqe 2 NOTE: Because there are two Jerry Carlsons, each will be designated by a (I) or (2) to indicate which gentleman spoke. Bob Nath feels strongly that this property will eventually go commercial due to economic factors and that by approaching this at the outset, the strip can be designed to be an asset. Chairman Lewis opened the meeting to the public. Howard Hackney, Inlet View S/D, "when Mr. Nath says that the comprehensive plan calls for that zoned commercial, I would like to see that, there has oat been anything in writing as yet. Ne says if they put the whole strip down as commercial, that doesn't mean the whole strip is commercial until it is rezoned by the Planning Commission and Council, it doesn't happen automatically. This is being dressed up to look better, just like when my mother used to give me medicine, she used to put it on brown sugar, but it still tasted like medicine. I don't see where anything is changed. As soon as you let one in there, its only a matter of time before someone else will be along that will just have to have the next piece until there is nothing left. We have just enacted a landscape ordinance to preserve the trees and now we are going to cut them down. As far as planning that for commercial, it will have to go through the landscape board any way." James Blanning, Central Nts 5/D, "I feel very strongly about any encroachment into the greenbelt or conservation zones and that is exactly what this is, literally a spot rezoning and I agree with Mr. Nath that this would set a precedent, there would be other business that would want to do exactly the same thing until it was all taken." Mike Thomas, Central Nts. S/D, "First of all I feel that Pizza Nut would be a valuable contribution to the community, however, not in the place they seek. That was originally designed as conservation and I think as everyone here does that it should be left that way. A 23' buffer sounds nice, but when you measure it off, that includes very little trees or brush. An example would be the junior high, between the road and the junior high which is well over 23' but is still very thin." C.E. Wallingford, Inlet View S/D, I came down to protest. First, eventually the city may want a park there, and second, we already know there are more desirable locations available for another pizza parlor as we already have 3 in a one mile radius. We have a 55 mph speed limit there which will not add any safety. Right now you can hardly get out onto the Spur Hwy from walker Lane, this would make it worse. Jerry Carlson (2), Inlet View, I am definitely against that location being zoned commercial. I have lived in Kenai all my life and I just bought a house in Inlet View this summer because it is one of the 1 PLANNING COMMISSION November 27, 1985 Page 3 nicer subdivisions in town. I'm all far growth for the City but I think it should go in a different direction rather than residential neighborhoods. Randy Caler, Valhalla S/Q, representing the Landscaping Review Board, stated that the Board unanimously approved the conservation zoning. It was the consensus of the Board that they would not support any business in that greenbelt area. There is a bike trail, high traffic, students from the high school are near, there is a cleared area where the fire training used to be which does look bleak, however, what trees are left da farm a buffer, The Mayor has come out as opposed to it, the Council apposed it, the Mayor who knows more about lands than I do made the statement that there are other lands available. Cheryl Samples, Central Hts S/D, Mr. Nath has presented an attractive proposal, however, the question is whether ar not to rezone from conservation to commercial, not what Mr. Nath's client is prepared to da to accommodate a greenstrip and build his establishment. Mrs. Samples presented a petition signed by 96 persons all opposed any development less restrictive, not all persons being residents of adjoining subdivisions. Petition entered into the record. The conservation strip needs to be left for several reasons, it is a buffer strip for the neighborhood, it is probable that the property along Lawton will be developed in the future leaving the Pizza Hut and other establishments in their front yard. A lO' greenstrip will not hide that fact. It does not benefit the City of Kenai to build an every corner at the expense of lasing a conservation zone and disregarding the wishes of the people. I feel it is your responsibility and that of the City Council to listen and respond to the opinions and wishes of the people. Jerry Carlson (1), Inlet View, I am opposed to the rezoning but not the Pizza Hut. Mr. Carlson suggested a referendum and put it to the vote of the people. Councilman Wise answered that the land is in trust as it is fAA land and has special connotations of its own. I don't feel that the City by referendum could over ride the deed of trust that we have from the federal government. What you are really asking is that the City buy the land from the airport and dedicated it for same restrictive purpose. However, as soon as you have done this, anything that is done by one Council can be undone by a future council, even a referendum initiative. You can`t put it in the Charter. The cleanest way to do this is for a private party to buy the land and deed it to the city with a reverter (sic) clause designating what it can be used far which means the city can't da anything with it except what is provided by deed. Cheryl Samples asked how parks & recreation keeps its land and facilities and could this property 6e treated the same way. Councilman Wise explained that parks & recreation is an instrument of the city and those lands can be rezoned and sold at any time the } PLANNING COMMISSION November 27, 1985 Page 4 Council decides. The Council is considering the dust bowl right now, Its the same, its airport land, it is a baseball field, the airport is getting no revenue from it, it probably will be rezoned and put up for sale. Chairman Lewis closed the public hearing and brought the issue back to the Commission MOTION: Commissioner Carignan moved for the adoption of PZ85-83, seconded by Commissioner Osborne. VOTE: Commissioner Carignan stated that he has always felt strongly about maintaining that conservation zone area and I have not heard anything this evening that would change my mind. We have discussed the ramifications of developing both sides of the road and felt there are other lands available out there, even though they cost more, we are also looking into developing lands across the roads in the other direction. Commissioner Smalley stated he would reiterate the same comments and go on to state that this body nor the community that spoke is against the Pizza Hut, it is just the location and I believe there are other lands available. The idea of the new comprehensive plan indicating a commercial zone, the person that is doing the plan is basically going to give the city that which they would like to have, it is not cast in cement. To use terms such as "this will be eventually or probably changed" why can't we say, "it may not be changed". Its not a piece of land that belongs just to the residents of that area but to the city as a conservation strip, we didn't intend far it to be a park, we already turned it over to parks & recreation some time ago and from them we learned it was too large to develop. On tape is Mayor Wagoner stating when Craycroft went in that the Lawton Acres strip would be left a conservation zone to buffer the residential from the commercial districts. Because of those items and the people that spoke, I would oppose a rezone. Motion Failed no: Commissioners Bryson, Carignan, Lewis, Oleson, Smalley, Zubeck yes: Commissioner Osborne 5. APPROVAL OF MIN!lTES of November 13, 1985 Correct: on page 4, paragraph 1, change way to weigh Minutes approved with the correction PLANNING COMMISSION November 27, 1985 Page 5 6. OLD BUSINESS None 7. NEW BUSINESS a. Home Occupation Application: Portion BLM 129, Known As City Park S/D - for Home Cooking/Processing - Debbie Sherebernikoff Item deleted b. Disposal of City-owned Lands: Lat 34, Blk 1, Valhalla S1D Part II Administrative Assistant Gerstlauer explained that this is property that has been deeded to the City several years ago and this is included in Iands that are going to be made available for competitive bid. This piece has never been approved for disposal, therefore it comes before the Commission for recommendation. Commissioner Carignan asked if the Parks & Rec Commission had made recommendation, answer no, however it will at their next meeting. MOTION: Commissioner Carignan, "if there is no use by the Parks & Rec Commission, move to recommend disposal along with other foreclosed parcels", seconded by Commissioner Bryson. VOTE: Motion passed unanimously. c. Preliminary Plat PZ85-84: Gusty S/D ~4 Administrative Assistant Gerstlauer explained that there are several lots leased out by the ball fields, however, the property has never officially been platted. This plat will conform to leases and the zoning code. They have been platted to this size since water & sewer are on-site. Commissioner Bryson asked, if staff is recommending the 100' jog in Coral, answer no, it will be corrected on a future plat. MOTION: Commissioner Smalley moved for approval of PZ85-84, Councilman Wise, "I would say if you approve this you blow us out of the water. You're saying the City of Kenai can plat lands without building roads and .the answer of saying that it's on the capital improvements list, well its been on the list since 1984. The City is not broke, the airport has money to build the road, but to plat land and say we don't have to follow our own rules is wrong. I would strongly recommend you require the City to fund a road before the plat be approved". Administrative Assistant Gerstlauer asked if it made any difference if the land was leased and was lease only, that it PLANNING COMMISSION November 27, 1985 Page b cannot be sold, Councilman Wise answered no. 1 have a further problem in that you are dedicating a road that does not exist and the existing road violates lease holdings of Dan Roberts on adjoining subdivision. The realignment of the road will affect Dan Robert's lease, however, when the second plat is done, it will be negotiated with Mr. Roberts. MOTION: Commissioner Smalley moved to table PZ85-84 until both plats are submitted and a response to Councilman Wise concerns about construction of the road, seconded by Commissioner Osborne Note: Commissioner Bryson abstaining due to financial interests VOTE: Motion passed unanimously. d. Resolution PZ85-85: Street Name Change -Baron Park S/D This resolution came about as a result of a plat being file with incorrect street names. Planning Specialist Loper, Administrative Assistant Gerstlauer, and the Commission discussed possible ways to eliminate the problem of incorrect street names getting through on filed plats, Commissioner Bryson stated that through Borough subdivision ordinances, plats go to the Borough first, however as an engineer, several times he will bring plats to the City first and save at times, a week and a half. However, none of the other surveyors do this. MOTION: Commissioner Carignan moved to instruct Planning Specialist Loper exhaust every administrative avenue to resolve the problem and communicate to the Borough that if it is not resolved, plats with incorrect street names will not be processed, MOTION NOT SECONDED - It was the consensus of the Commission that the City try the approach of writing letters to surveyors, requesting surveyors submit plats to the City for review prior to submitting plats to the Borough. MOTION; Commissioner Carignan moved for the adoption of PZ85-85, seconded by Commissioner Smalley VOTE: Motion passed unanimously. PLANNING CDMMiSSION November 27, 1985 Page 7 8. PLANNING Commissioner Carignan asked about the progress on the zero Lot line ordinance and suggested a work session at the next meeting. Planning Specialist Loper explained that Mr. Morehouse is asking far a work session with the Commission and Council on the comprehensive plan on i2/ll and asked if the Commission wished to combine the sessions. it was the consensus of the Commission to wait far the work session an the zero Lot line ordinance until the first meeting in January. Planning Specialist Loper explained that the Council has moved its meeting schedule up one week for the month of January. The first meeting of the Council falls on New Year's Eve, therefore if the Council moves its next meeting to January 8th, the next Commission meeting would be January i5th. There are S weeks in January so the Commission would not lose a meeting. The Co~rission set the work session far January 15th. 9. REPORTS a. City Cauneil None b. Borough Planning None c. City Administration None 10. PERSDNS PRESENT NOT SCHEDULED TO BE HEARD None I1. INFORMATION ITEMS Council Agenda Borough Planning Agenda No questions or comments 1z. COMMISSION COMMENTS & QUESTIONS None PLANNING COMMISSION November 27, 1985 Page 8 13. ADJOURNMENT There being no further business, the meeting was adjourned. The next regular meeting of the Commission is December 11, 1985. Work Session with Council and Dick Morehouse will be the same evening commencing at 6:00 PM. Janet Loper Planning Specialist/secretary PLANNING & Roll Call P~ ~~ U~ ///// Chairman 'Lee Lewis Phil Bryson f~ d ~'"~" Richard Carrignen Bob Oleson 1 ~ ~I j Ozzie Osborne 1 III Hal Smalley Bill Zubek ~ - TO DO