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HomeMy WebLinkAbout1986-07-23 P&Z Minutes~ KENAI PLANNING & ZONING COMMISSION July 23, 1986 - 7:00 p.m. Kenai City Ha11 Lee Lewis, Chairman AGENDA I. ROLL CALL 2. 'APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS a. Resolution PZ86-30: Rezone Tract E, Sprucewood Glen S/D from Suburban Residential (RS) to General Commercial (CGS - Schilling b. Resolution PZ86-31: Variance from Setback Requirement - Lot 57-A, I Peter SJD - Koerber 5. APPROVAL OF MINUTES of July 9, 1986 b. OLD BUSINESS a. Preliminary Plat PZ86-21: Amend S/D ~f~3 b. Vacation 4,200 sq ft of Sprucewood Rd within Sprucewood Glen S/D ~~3 Lowry & Partee 7. NEW BUSINESS a. Lease Review: Extension of Construction Deadline - Lot 4, Gusty S/D - Ron Yamamoto 8. PLANNING 9. REPORTS a. City Council b. Boraugh Planning c. City Administration PLANNING COMMISSION - Agenda July 23, 1986 Page 2 Z0. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS Council Agenda Borough Planning Agenda 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT 7 KENAI PLANNING & ZONING COMMISSION July 23, 1986 - ?:00 p.m. Kenai City Hall Lee Lewis, Chairman I. ROLL CALL Present: Lewis, Bryson, Carignan, 0leson, Osborne, Smalley, Absent: Zubeck 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARTNGS a. Resolution PZBb-30: Rezone Tract E, Sprucewood Glen S/D from ___ Suburban Residential {RS) to General Commercial (CG) - Schilling Chairman Lewis asked if there was anyone present to represent the proposed rezoning. No response. Chairman Lewis then opened the meeting to public testimony. Faith Langston, 301 Walker Lane. I also own three other parcels of land on Walker Lane and Tern Ave. First I would like to submit several letters from persons in the area who are not able to attend the meeting. (Letters entered into the record and passed among the Commissioners.) All letter opposed the rezoning. Mrs. Langston went on to state that since Tern Ave. had been extended through to Walker Lane, there has been a worse traffic problem. As most of you may have heard, last week a girl was hit by a car on Tern Ave. I feel that the area is far too dangerous right now. If you choose to rezone this property we would ask that you ensure a buffer strip along Walker Lane similar to that further north abutting Lowry's property and that no access be allowed onto Walker Lane. Craig Fitgerald, 204 Sterling Court. I attended the meeting regarding the Pizza Hut on Walker and Spur, close to this dense residential area and opposed it. A commercial designation threatens the residential character of the neighborhood and no one likes to look at the back of a commercial enterprise. I would also request a buffer strip with no access onto Walker Lane. I feel this would help to maintain the residential integrity of the area. ~ PLANNING & ZONING COMMISSION July 23, 1986 Page 2 Robin Walsh, 304 Sterling Cvurt. I also oppose a rezoning or if rezoned, the restrictions stated by the others. Chairman Lewis returned the comments to the Commission. Commissioner Bryson asked if Public Works had commented, answer no. Has Public Works ever done a recent evaluation of the traffic in the area, answer unknown. Commissioner Smalley stated that during the school year the students are known to cut through Walker Lane and Tern Ave. to get around pulling left onto the busy Spur Hwy. Councilman Wise asked what protection does the code offer for a buffer between adjacent land uses, answer none. In the ordinance revisions presented to Council, there is a section under 'Additional Requirements' that references an alley which separates the two zones, and the Landscaping Ordinance speaks to perimeter buffers, however, nothing substantial. Commissioner Smalley noted that some of the letters presented are not protesting the rezoning but that protection be offered in the farm of a buffer and access. I feel uncomfortable with no specific plans for the development of the property. Councilman Wise agreed, stating that there is no way a buffer can be provided without a site plan. Commissioner Carignan stated that he felt the property lends itself well to commercial development taking into consideration the surrounding land uses, however, am concerned with a residential area so close. Both the existing and the proposed Comp Plan designate the area as commercial. Councilman Wise asked that all persons in the area previously notified by certified mail be notified again of the next meeting by post card. MOTION: Commissioner Smalley moved to postpone until the petitioner can be present and that a traffic survey be done by public works, seconded by Commissioner Carignan VOTE: Motion passed unanimously b. Resolution PZ86-31: Variance from Setback Requirement - Lot 57-A, Peter S/D - Koerber The petitioner was not in attendence. There was no public comment. Planning Specialist Loper explained the situation and asked for the wishes of the Commission. Commissioner Carignan asked if it would be viable to deny the variance but issue a statement of non-ojection or some other method, answer probably yes. The problem is not that the Commission objects to the removal of the setback line, but the use of the variance. Commissioner Smalley stated that vur policy has not been to issue a variance to right a wrong, I would be in favor of a statement instead. ~ PLANNING & ZONING COMMISSION July 23, 1986 Rage 3 MOTION: Commissioner Carignan moved to deny the variance, however issue a statement of approval to the Borough and request that the Borough proceed with the replatting of the property, seconded by Commissioner Smalley VOTE: Commissioner Osborne asked if the variance is denied, what happens to the financial institution. Planning Specialist Loper explained that the goal to remove the setback line is still achieved, it is just done in a somewhat different manner. Hopefully, by setting a policy of issuing a statement similar to that done for vacations, the platting can be accomplished thus satisfying the Borough and developer. Commissioner Smalley stated that this appeared to be the lesser of two evils and see if the Borough will accept it. Motion passed unanimously 5. APPROVAL OP MINUTES OF July 9, 1986 MOTION: 1 Commissioner Carignan moved for unanimous approval of the minutes, seconded by Commissioner Bryson VOTE: Motion passed by unanimous approval 6. OLD BUSINESS a. Preliminary Plat PZ86-21: Amend S/D #3 The request far a siting of the existing building has been met. The building violates no zoning restrictions. MOTION: Commissioner Smalley moved to take PZ86-21 from the table, seconded by Commissioner Carignan VOTE: Motion passed unanimously MOTION: Commissioner Carignan moved approval of PZ86-21, seconded by Commissioner Osborne ~ VOTE: Motion passed unanimously I PLANNING & ZONING COMMISSION July 23, 1986 Page 4 b. Vacation 4,200 sq ft of Sprucewood Rd within Sprucewood Glen S/D ~3 Lowry & Partee Commissioner Bryson asked if this portion were vacated, what parcel would it be attached to, the commercial or residential, answer unknown. Commissioner Carignan stated that he couldn't see why Mr. Lowry wants that vacated. There is a turnaround. The only thing I can see is that he wants to grab that property and extend lot 10. Commissioner Smalley supports that concept. Commissioner Bryson asked why the concern for the wall, answer unknown except for the memo from the engineer. Commissioner Carignan asked if there were plans to extend Sprucewood Rd, answer no. Not as far as staff is concerned. Councilman Wise agreed that the vacation would create a lot of "glitches". MOTION: Commissioner Carignan moved to issue a statement of objection to the vacation of 4,200 sq ft of Sprucewood Rd in that there is no justification of the request in that a truck turnaround can be constructed in the area, seconded by Commissioner Smalley. Commissioner Smalley stated that he would like to see some detail on the engineer's comments. I would like to see additional data other than just saying that he (Lowry} needs it. Commissioner Bryson stated that he might be in favor of a vacation, however, I would be concerned that this ROW would be utilized for either loading operations within the mall or store or could develop into a traffic pattern. Councilman Wise asked if there was a retaining wall up now, answer yes. Commissioner Bryson stated that the only the way the City could be sure this would not be used as the unloading road for the whatever commercial complex is there is to deny the vacation. At this point, the City has the say as to what goes in until it is vacated. Commissioner Carignan stated to clarify his motion, that he felt that Mr. Lowry could put in his turnaround in right naw without the vacation. Commissioner Smalley agreed with Commissioner Bryson that this is the only way to ensure that the area will not be used for commercial purposes. MOTION AMENDMENT: Commissioner Bryson, as an amendment to the findings of fact, I would request that the area proposed for vacation is not permitted as a commercial access paint either for loading or public, seconded by Commissioner Carignan. Commissioner Bryson further clarified the amendment by stating that Mr. Lowry could provide access off Tern Ave. by platting some orderly access through the property without routing it past the 4-plexes. PLANNING & ZONING COMMISSION July 23, 1986 Page 5 VOTE AMENDMENT: Motion passed unanimously VOTE MAIN MOTION: Motion passed unanimously 7. NEW BUSINESS a. Lease Review: Extension of Construction Deadline - Lot 4, Gusty S/D - Ron Yamamoto The memo from the City Attorney was read. Commissioner Carignan stated that the memo seemed to suggest that there is not a "hue and cry" for the land and he seems reasonably convinced that Mr. Yamamoto is trying to develop the property. Chairman Lewis asked if the original lease was 2 years ago? answer yes. Commissioner Carignan stated that he would be for approving it, but not for an additional 2 years. Chairman Lewis stated that it could be approved far 1 year, it would have to go before FAA for appraval anyway. Councilman Wise answered no, the attorney is suggesting it does. Commissioner Smalley stated that the memo did not indicate that a 2 year extension would not be out of line either. Commissioner Carignan felt that with the nature of the economy, Mr. Yamamoto may need 2 years. MOTION: Commissioner Smalley moved for approval of the extension of the lease for Z years for Mr. Yamamoto, seconded by Commissioner Carignan. VOTE: Motion passed unanimously 8. PLANNING Commissioner Carignan asked for a progress report on the Comp Plan. Councilman Wise answered that the Council voted it down. Chairman Lewis asked for the main objection. Councilman Wise answered that he voted far it becasue it was better than what we had, however, there were statements by Mr. Morehouse that Council did not agree with. Chairman Lewis asked where it stood at this point, Councilman Wise answered that it is in limbo. He stated that he felt the Borough would pull it out at the 39th hour and solve the problem. 9. REPORTS a. City Council The Council decided to combine the functions of the landscaping with site plan and old town. It is now up to Janet to rewrite the ordinance. r PLANNING & ZONING COMMI5SION July 23, 1986 Page 6 Councilman Wise gave a report on the progress of the land swap with the Fish & Wildlife for some tidelands, however, the figures were not compatible. Councilman Wise then gave a report an the progress of the float plane with the main block right now being the purchase of the land necessary to complete the glide path. The City may need to go to immediate condemnation. I feel that even though it is expensive, it would be good for the economy, it would create same jobs. It is a gamble, but worthwhile. This includes the docks in the river. We may be short an money, however, the dock is needed. b. Borough Planning The Borough voted down the land use plan amendment on a 3 - 3 vote. If there is an appeal it will probably go to the Assembly. This is the first situation where the Borough Planning Commission has opposed the City since limited zoning powers were given to the City. Planning Specialist Loper asked for the reason for the vote, Commissioner Bryson answered that the same people that were here this evening were there. Commissioner Bryson informed the Borough Commission that the ~ City Commission had held public hearings on Tern Ave. going through and essentially there were no comments. The comments came after the action had taken place I believe. Based on the way the issue was defeated the Assembly may request the issue come back to the City. c. City Administration The street naming ordinance at the Borough level is again before staff. The Borough is in the process of putting all streets in the Borough on computor, therefore they are asking that we be sure the streets are what we want. It has been suggested that there are duplications and confusion such as three names far Main St. The Commission will be getting involved with a few more public hearings on this issue. Concerning the portion of the zoning code referencing buffers between adjacent land uses, the Commission and Councilman Wise suggesting requesting Council refrain from approving that portion of the ordinance before them at the next meeting while the Commission takes another look at it. MOTION: Commissioner Carignan moved to request Council refrain from approving the two items discussed prior to the next Council meeting, seconded by Commissioner Smalley VOTE: Motion passed unanimously PLANNING & ZONING COMMISSION July 23, 1986 Page 7 IO. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None il. INFORMATION ITEMS Council Agenda Borough Planning Agenda No questions or comments 12. COMMISSION COMMENTS & QUESTIONS Commissioner Osborne asked if there was a report on the drilling rig near Commissioner Smalley on Ames Rd. Planning Specialist Loper answered that there was a memo in the last packet from the City Attorney but nothing has been learned since then. Commissioner Smalley asked who oversees their operation. Councilman Wise answered that our ordinance never really addressed that particular aspect. What we did with the ordinance pertaining to drilling muds is simply require that they be placed in steel containers, no open pits are permitted. Commissioner Smalley stated that his concern is that since he lives there and has to drink the water that comes from that aquafir, who is checking on them. Answer unknown. Commissioner Smalley asked if he could request the City check on their operation, Councilman Wise answered that he could pass it on to Council. Apparently they are drilling out the plug at the current time. Commissioner Smalley stated that he had made a request of the City Attorney on the status of the native allotment lands and requested a report. Planning Specialist Loper answered that there was a memo in the last packet and a copy will be sent on. Commissioner Smalley stated that, I feel that until it is proven to be an allotment status remains with the land even though it was sold by BIA, because right now it appears to be a clear-cut zoning violation and I think it behooves the City to clear it up. I will be asking to be on the Council agenda. Councilman Wise stated that the assumption the Council is working on is that yes it is allotment land, but how can you sell an allotment status to anybody even if you sell it to one "allotment" entitled person, the entitlement should not go with it. Commissioner Bryson stated that the information he had received was that it was only a verbal comment by a clerk, not necessarily a lawyer at that, that she thought it was allotment land, which appears weak. Councilman Wise stated that the Council received essentially the same answer from Tim as from Ron. Last evening one of Hal's neighbors came to the meeting and the question was raised again. I just don't believe that an allotment status can be sold with the land. Commissioner Bryson stated that effectively this is a violation of the zoning code, why hasn't the City submitted a written objection to it. Commissioner PLANNING & ZONING COMMISSION July 23, 1986 Page 8 Carignan stated that the burden of proof should be on them. Commissioner Smalley asked why an injunction had not been filed, answer unknown, however it is in the hands of the legal department. Commissioner Oleson requested information on RV's. Commissioner Oleson had received a phone call regarding a camper trailer on a private parcel in Thompson Park in which a man has been living for at least one year. There appears to be no sewage arrangements, therefore making the property rather arid. Commissioner Carignan asked if the trailer was adjacent to a home, answer yes. Under the current zoning, RV's are not addressed at all. The only time RV's are addressed at all is when an RV is hooked up to utilities and used as a mobile home or is used on a valid construction site. Commissioner Smalley asked if DEC was contacted, answer unknown. The Commission directed Planning Specialist Loper to draft a revision to the code which would address the problem. 13. ADJOURNMENT There being no further business, the meeting was adjourned at 8:27 PM. Janet A. Loper Planning Specialist PLANNING & ZONING CO. ISSION R~11 Call ~ ~~J~ ~~ ~ ~~ ~b` ~~v ~ ~` V Chairman ~/ 'Lee Lewis r ~ -Phil Bryson ~ ~ Richard ~ Carrignen Bob Oleson ~ ~ Ozzie Osborne A Hal Smalle ~' y Bill Zubek - TO DO /~ ,. 1 rR ~"~ ' ~ ~ ,..