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HomeMy WebLinkAbout1986-03-26 P&Z MinutesKENAI PLANNING & ZONING COMMISSION March 26, 1986 - 7:00 p.m. Kenai City Hall Lee Lewis, Chairman Mork Session at 6:00 PM on Site Plan Ordinance, Ttmmsite Zone, Zero Lot Line Ordinance, anti Revisions to the Kenai Municipal toning Code. PLEASE BE SURZ' TO BRING YQIR CG~IE' BA?KS M.ITN Y!C!. AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS Resolution PZ86-12: Rezoning Lands within the HEM Area to RS-2 5. APPROVAL OF MINUTES of March 12, 1986 Available at the meeting 6. OLD BUSINESS 7. NEW BUSINESS a. Vacation of Two 50' ROW's within R.M. Thompson 5/D. b. Preliminary Plat PZ86-10: Etolin S/D Replat Lats 5 & 7 c. Preliminary Plat PZ86-11; Three Wood S/D (arrived toa late far staff review) 8. PLANNING 9. REPORTS a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. TNFORMATION ITEMS Council Agenda Borough Planning Agenda I2. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT .~ KENAI PLANNING ~ ZONING COMMISSION March 26, 1986 - 7:00 p.m. Kenai City Hail Lee Lewis, Chairman 1. ROLL CALL Present: Lewis, Bryson, Carignan, Oleson, Osborne, Smalley, Absent: Zubeck, unexcused 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS Resolution PZ86-12: Rezoning Lands within the HEM Area to RS-2 Mrs. Jackie Russell came forward and spoke for the rezoning stating that from a realtors point of view, when 4 plexes are built in an area, the single family units are harder to sell. There are many absentee owners who invest in the property but do not live in the area and are not aware of the impact with the higher density. Mrs. Russell owns a 2 acre parcel which has been subdivided into smaller lots. Peggy White, also an owner of property within the area, spoke against the rezoning stating that the neighborhood has been established as a multi-family dwelling area and is against farm homes which can be worse looking than 4 plexes. Mrs. White has a tri-plex at the current time and has plans for more. Mrs. White stated that she is not against a compromise with perhaps a buffer between the areas since development of greater density appears to be nearer the elementary school. Jim Trudeau, owner of Iots between 4th and 5th Street spoke against the rezoning because he had purchased his Iots as an investment planning to construct multi-family units on all lots. The rezoning would cut his investment in half. Mr. Trudeau stated that the sewer & water that were put in were done so For multi-family units. Mr. Trudeau feels that there are more multi-family units than single family units and further that the trailers and farm homes are more degrading than the 4 plexes. Duncan Wilsack, lives outside the City limits but owns a 4 Alex in the area and spoke against the rezoning. Mr. Wilsack feels that anyone who builds a single family dwelling should check into zoning first so they know 4 plexes are allowed. ~ PLANNING COMMISSION March 26, 1986 Page 2 Al Poore, owner of property in the area spoke against for the reasons stated prior by the other owners. Ray Barrett (Nate: Mr. Barrett stated that he sold his property to the Whites and does not indicate if he awns property in the area or lives in the area) Mr. Barrett stated that he sold the property to the Whites for the purpose of multi-family units "because the City of Kenai planned that the area be multi-units. This is not an area that is going to support $150,000 homes and should be used for multi-family units". Oliver Amend, property owner and resident of the area, spoke for the rezoning stating that there are plenty of multi-family units and firmly believes that there should not be any more than there are there right now. Mr. Amend spoke with a contractor who built in the area who stated that if the same number of 4 plexes were built in his neighborhood he would be doing the same thing. Mr. Amend explained that he felt the people speaking were not clear about the rezoning in that the City is not rezoning the area, it is because of a petition of the property owners in the area. Mr. Amend stated that he has lived in this area for l0 years and is a builder and would like to attract the long term kind of people that are better for a stable economy, these are people who invest in the long term, a number of years and will generate the more stable dollar. The float plane basin is close to this area making it an area for growth and I think if these people would back off and think about it for a bit, I think they would agree that homes da not have to be farm homes, but for the long run are more stable and draw a more stable population base. The petition tells me that there are more people that do not want multi-family units than there are here tonight. for the mast part, from what these people have said, they don't live in the area, just own property and don't have the same concerns as the residents. Paula Trudeau spoke against the rezoning and stated that they were assessed for water & sewer and stated that it is for multi-dwellings. Do we get reimbursed if the property is rezoned? Tim White, husband of Peggy White, stated that he apposed the rezoning and pointed out to the Commission that most of the signatures were of persons living from 4th south. "I think the whole thing is ludicrous". Mr. White stated that he is against the lot size of 7,200 sq. ft. as "he has been told by a bank that the only way he can finance is to split the lot and two buildings on the lot and end up with 5,000 sq. ft." MOTION: Commissioner Smalley moved to approve Resolution PZ86-12, rezoning ,~ referenced lands to RS2, seconded by Commissioner Osborne PLANNING COMMISSION March 26, 1986 Page 3 VOTE: Commissioner Bryson reviewed the figures of property owners and number of parcels an the petition. Planning Specialist Loper explained that 510 of the property owners are required to sign an initiating petition. Commissioner Smalley restated the question asking, "if a person owns 8 lots is that not in effect 8 votes not 1". Rnswer, no as the initiating petition is only asking for a percentage of persons who hold property. Commissioner Smaller asked if that meant, "if these individuals awned these lots and placed them in a different family name they could have had 8 votes. In all true aspects of all Iand represented only 31°o signed the petition". Commissioner Bryson asked if there was an opinion from the Attorney. Answer, this was set up at the time of transfer of zoning to initiate zoning. Commissioner Bryson stated that he would not be in favor of this with those figures without an attorney's opinion. Commissioner Bryson stated that he was not aware that that area was assessed, Councilman Wise answered that only Eadies Way was assessed because it was not an established street at the time of the district or even a paper plat. Commissioner Bryson asked for an explanation of notification for the public. Planning Specialist Loper explained the procedure. The Commission and individuals from the audience continued the discussion of the voting. Councilman Wise advised the Commission to read the cads under amendments and it was adopted by the Council, Commissioner Smalley stated that it is challengable. Planning Specialist Loper was asked to read the portion of the code pertaining to the ownership. Commissioner Carignan stated that he has always been in support of trying to maintain a residential nature if there is one existing, I have heard many of the property owners that are interested in rezoning are in the area of 3rd, Gth, and 5th Avenues. I would be in favor of restructuring of this rezoning map. Commissioner Smalley stated that if here were petitioners here I would have the encouragement to vote in favor of it, however, based upon the testimony here tonight I intent to vote against it. Despite what is in our code I have a problem with our voting paver. Motion failed unanimously. Commissioner Carignan commented that he would advocate the petitioner restructure the size of the area and resubmit before the Council meets. Councilman Wise stated that action reference the rezoning will go to the Council in this form and will be adopted in ordinance form for introduction. At the time of introduction there is no comment. To oppose this your option is to approach your Council individually either by writing or personal contact because at the time of introduction the ordinance can be amended or defeated. Any member of the Council can offer an amendment or have it struck from the consent 1 agenda. If it fails an introduction it is dead. PLANNING COMMISSION March 26, 1986 Page 4 5. APPROVAL OF MINUTE5 of March 12, 19$6 Minutes were approved as submitted 6. OLD BUSINESS None 7. NEW BUSINESS a. Vacation of Two 50' ROW's within R.M. Thompson S/D. This vacation request came the day of the packet and had no prior staff review. Since then, Borough and City staff have reviewed the request and find many questions. The Landscaping code addresses a buffer between two different Iand uses which the ROW's provide, however, one individual owns both parcels in question. The Borough has agreed that if the Planning Commission decides to allow the vacation to be sure to add a disclaimer that if at any time that rear parcel is developed, the appropriate buffer will be put back. The other possibility would be to rezone which eliminates the need far a buffer altogether. Councilman Wise asked for the justification of the vacation, there is no indication of what the property owner intends. Councilman Wise pointed out that this also vacates a portion of a section line vacation. Commissioner Bryson asked for the zoning of Tract B, answer RR. And the zoning of Tract A, answer IL. The Commission discussed the plat. According to the Borough, a preliminary only exists. Mr. George Bradford stated that several of the very old plats are assumed to be final and the streets dedicated. Commissioner Bryson stated that under that criteria if you vacate the ROW's adjoining Tract C you would be landlocking those lower parcels. George Bradford suggested the Commission would be safe if they placed a stipulation that Tract C reverts to acreage so there is no doubt. MOTION: Commissioner Smalley moved to table this issue until the property owners are contacted to came before the Commission and identify use and intent, seconded by Commissioner Osborne. VOTE: Motion passed unanimously b. Preliminary Plat PZ86-10: Etolin S/D Reelat Lots 5 & 7 The Commission noted several discrepancies on the front plate of the plat. The Borough has been made aware and the staff comments make note of the fact. This plat is for the Carr's Mall expansion. PLANNING COMMISSION March 26, 1986 Page 5 MOTION: Commissioner Smalley moved approval of Resolution PZ86-10 with incorporation of ALL staff comments, seconded by Commissioner Carignan VOTE: Motion passed unanimously c. Preliminary Plat PZ86-11: Three Wood S/D This is a standard subdivision in the Candlelight-Linwood area. MOTION: Commissioner Smalley moved approval of Resolution PZ86-11, seconded by Commissioner Osborne VOTE: Motion passed unanimously 8. PLANNING Commissioner Smalley asked that the Commission set another work a session prior to the next meeting to get rolling on these ordinance revisions as summer is nearly upon us. The Commission further discussed the voting procedures when considering rezoning and directed Planning Specialist Loper obtain an opinion from the attorney. 9. REPORTS a. City Council None b. Borough Planning None c. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None ~ PLANNING COMMISSION March 26, 198b Page 6 11. INFORMATION ITEMS Council Agenda Borough Planning Agenda No comments or questions 12. COMMISSION COMMENTS & QUESTIONS None 13. ADJOURNMENT There being no further business, the meeting was adjourned. The next regular meeting of the Commission is Wednesday, April 9th with a work session prior to the meeting at 6:00 PM, Janet Loper Planning Specialist PLANNING & ZONING COMMISSION Roll Call //%// Chairman •Lee Lewis N ~ -f yl. "Phil Bryson Richard Carrignen \I 1 Bob Oleson ~ \ I Ozzie Osborne ~, Hal Smalley ~ \ Bill Zubek TO DO