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HomeMy WebLinkAbout1987-04-22 P&Z MinutesKENAI PLANNING AND ZONING COMMISSION April $, 1987 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. Amend KMC 14.20.185 by Adding New Section Pertaining to Encroachment Permit - Memorandum from J. Ron Sutcliffe, Legal Assistant responding to memo from J. Loper 5. APPROVAL OF MINUTES of March 25, 1987 6. OLD BUSINESS 7. NEW BUSINESS a. Resolution PZ 87-2: Conditional Use Permit for Extraction of Resources - Unocal - Kevin Tabler 8. PLANNING a. Ordinance 1130-86: Zero Lot Lines - Memorandum from J. Ran Sutcliffe, Legal Assistant 9. REPORTS a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS a. Borough Planning Agenda b. Council Agenda 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT 1 KENAI PLANNING & ZONING COMMISSION April 8, 1987, Wednesday, 7:00 p.m. Held, Kenai City Hall Council Chambers Minutes, Regular Meeting Presiding: Lee Lewis, Chairman Present Absent Lee Lewis Phil Bryson Marj O'Reilly Leighton Mischou Ozzie Osborne Hal Smalley Gloria Church In Attendance: John Wise, Kenai Council Representative Dana Gerstlauer, Kenai City Staff Representative Howard Hackney, Kenai City Building Inspector } 1. ROLL CALL All Commissioners were present. 2. APPROVAL OF AGENDA Agenda was approved by unanimous consent. 3. PERSONS PRESENT SCHEDULED TO BE HEARD None. 4. PUBLIC HEARINGS a. Amend KMC 14.20.185 by adding new section pertaining to Encroachment Permit. Memorandum from J. Ron Sutcliffe, Legal Assistant responding to memo from J. Loper. Ms. Gerstlauer indicated that Ms. Loper may have been mistaken in her memo to Mr. Sutcliffe, in that she said, a $500 fine for encroachments prior to the passage of the ordinance and $1,000 for encroachments after the passage. The way Ms. Gerstlauer understood it to be either $500 or $1,000 for both, didn't think it was meant be one before and one after. Commissioner Smalley didn't think it was a fine, but a filing fee. KENAI PLANNING & ZONING COMMISSION April 8, 1987 page -2- Ms. Gerstlauer indicated Mr. Sutcliffe is responding to the memo he received. Commissioner Bryson commented on the proposed fees, after thinking about them for the last two weeks, felt them to be inordinately high. He thought in application for a situation that exists before the enactment of the ordinance is inappropriate. If the commission were initiating a fine or a fee for these encroachments that didn't exist prior to the ordinance, it shouldn't be made retroactive. Commissioner Smalley asked if the point was that Commissioner Bryson felt the fee, that was arrived at, during last meeting, was too high? Commissioner Bryson responded in the affirmative. He further stated that he felt the intent of the ordinance is to get future contractors to take more care in their location techniques. The commissioners went on to discuss the intent being a filing fee versus a fine, which was discussed at the last meeting, and resolved this issue by using a filing fee to deal with it and take action on it. Commissioner Smalley agreed that those that come up prior to the enactment of an ordinance, he too thought it to be too harsh of a fee. He went on to explain, the ones that they were trying to avoid, were future problems and this may be the way to resolve those future problems, by requiring a fee be paid. Councilman Wise responded by indicating that most of the encroachments have been by builders and a few that pre-dated the City, and a few have occurred by home owners modifying or making an addition to their house, but they're also required to get a building permit for the addition, and the information is readily available. Commissioner Bryson indicated there are undoubtedly a number of these that exists now and the only ones who have access to the information are the banks. l KENAI PLANNING & ZONING COMMISSION April 8, 1987 page -3- Councilman Wise went on to say that most everyone who has a mortgage, has an as-built. Commissioner Bryson indicated that Mr. Hackney wouldn't have the as-built. The commissioners went on to discuss the situation of the as-built and encroachments in hypothetical scenarios. Commissioner Mischou indicated this is more serious than just dropping the price a thousand dollars, or whatever; the buyers may not get title insurance on the property with an encroachment. The lenders may not finance it, so they are worse off than just dropping the price and a fine. He thought this to be an enforcement problem. All the encroachments around town cannot be cured that have grown up over the years, but something should be done as each one came up, either during a sale, routine inspection or another building permit for an addition. In the long run, the citizens are being protected, if they are advised of encroachments and made to correct them, before the time that they were trying to sell something. Before that time, it would be too late. Chairman Lewis explained, in addition to what Commissioner Mischou was saying; part of the intent of what was being discussed at the last meeting, was to try to cut down on creation of new encroachments. To devise something, whether it be a fee..... Commissioner Mischou went on to add his view point and indicated that he agreed with the fines and the filing fees and thought it should be made expensive to the violators of set back lines, building lines, permits or whatever. Commissioner Smalley asked if pre-existing or after the fact? Commissioner Mischou indicated, pre-existing gets a little sticky where old houses are concerned and gave an example. The question is what do we do when it involves one of the old timers. 1 KENAI PLANNING & ZONING COMMISSION April 8, 1987 page -4- Commissioner Smalley explained, in the past a variance was granted. This was discussed further by the commissioners. Commissioner Smalley indicated the fee would be levied on future violations or on future encroachment problems after the enactment of what is done. He thought it to be difficult to levy something that's existing prior to the enactment. Commissioner Mischou agreed and suggested to deal with each one of them as it comes up, but added, something can be done about the future ones. The commissioners went on to discuss encroachment situations that have occurred and how they have been dealt with. Chairman Lewis asked Commissioner Mischou how to prevent and what inducement could be set up to prevent such a thing from taking place in the first place. Commissioner Mischou said it appeared that parts of the mechanism are already in place by the building permit process. That in itself, plus some other regulations and proposals should cure these things or at least go in the direction of curing them. Commissioner Mischou indicated he is supportive of this since he started and was supportive of the fines, of sturdy fines. Councilman Wise suggested to consider setting the fee schedule, the fee of X number of dollars for any encroachment of record after the date the City accepted zoning powers from the Borough. Commissioner Bryson said he could see acknowledging an encroachment existing since the structure, but not application of..... Councilman Wise said, the fee of, (just using a figure) of $500, except where the structure was issued a certificate of occupancy..... KENAI PLANNING & ZONING COMMISSION April 8, 1987 page -5- Mr. Hackney indicated there wasn't any certificate of occupancy back then. Councilman Wise said he was using the day when the City accepted zoning powers. Most recent date, on Title 29, permitting the City to accept zoning powers from the Borough, which was approximately four years or five years ago. As of that date, if it pre-exists that date, then the fee would be, (suggesting) $100, or $50. Councilman Wise indicated he was trying to find something with some legal justification, but yet doesn't excuse these things from occurring. There was general discussion among the commissioners. Commissioner O'Reilly felt if the commission wanted to think in terms of the "old timer", with a minor type encroachment existing, who is selling his property, that this institution of a very nominal fee would be of benefit to him, and would be an easy way to clear up something that could create lots of problems with the sale of his property. Commissioner O'Reilly thought it should be a very nominal amount. Commissioner Smalley stated that it was the future, that was intended. Commissioner O'Reilly further stated that having something in place for the ones the commission is not so concerned about, would be helpful. The Chairman asked if there was a motion. The commissioners went on to discuss what was discussed at the last meeting and the record of the changes. Mr. Hackney advised the commissioners he had completed what the commissioners wanted and what needed to be addressed here and what the commission did not specify, was a fee, not a fine, but a fee. It was sent back to be rewritten by the attorney. Mr. Hackney indicated what the commission needed to do was set a fee. Mr. Hackney suggested to the commissioners, that it didn't make any difference when it happened. Commissioner Smalley indicated under Item C, on 14.20.185, 1 KENAI PLANNING & ZONING COMMISSION April 8, 1987 page -6- they were to add in a request, in drafting a statement which would require a fine, but he thought what the commission wanted was the word fee. Commissioner Smalley would move to recommend that the statement in, Item C, 14.20.185, which would require a fee of $100 for any encroachments prior to the passage of an ordinance and $1,000 for any encroachment occurred after the passage of the ordinance. Commissioner Smalley asked Mr. Hackney for his suggestion. Mr. Hackney thought $1,000 was pretty high, but saw no reason to make it before the ordinance or after the ordinance, and felt it was the same thing. Commissioner Smalley thought they were trying create an ordinance which would cause them to be more careful in the future. He further stated they are trying to prevent future problems, and said they still may have them. There was general discussion regarding what took place at the last meeting and what needed to be done at this time. It was asked if there was a motion on the floor. Commissioner Smalley indicated his motion wasn't finished and he would withdraw the motion. Commissioner Smalley suggested some type of discussion on what might be an appropriate filing fee. Commissioner Smalley asked about the research into other cities' ordinances that have this situation. This was to be checked on by Ms. Loper. Ms. Gerstlauer said she remembers Ms. Loper indicating there were none. There was general discussion on establishing a fee amount. MOTION Commissioner Smalley moved that 14.20.185 section C read, which would require an application fee of $200 for any encroachment. The motion was seconded by Commissioner Bryson. KENAI PLANNING & ZONING COMMISSION April 8, 1987 page -7- Chairman Lewis called for discussion. Commissioner Bryson proposed an amendment to change the filing fee to $100. Commissioner O'Reilly seconded the amendment. Chairman Lewis called for a roll call vote on the amendment. The amendment to the motion passed unanimously. Chairman Lewis called for a roll call vote on the motion. The motion passed unanimously. 5. APPROVAL OF MINUTES - March 25, 1987 Commissioner O'Reilly asked for corrections on page 2, second paragraph, line 4; should read "one time", and next paragraph, line 4; should be spelled "waived", and also on page 4, second paragraph, line 5; add the word "who" after "folks." Commissioner Bryson asked for corrections on page 5, paragraph 5, sentence 4, the word ordinance was corrected at the time, and the word "resolution" should have been inserted, also, page 6, first line, the word "question" should be inserted after "propose a." Commissioner Smalley recommended unanimous approval of the minutes with the corrections. Seconded by Commissioner Osborne. Chairman asked for any objections to the unanimous approval of the minutes as amended. There were no objections. The minutes were approved. 6. OLD BUSINESS None. KENAI PLANNING & ZONING COMMISSION April 8, 1987 page -8- 7. NEW BUSINESS a. Resolution PZ 87-2: Conditional Use Permit for Extraction of Resources - Unocal - Kevin Tabler. Mr. Tabler: "My name is Kevin Tabler, I'm the Land Manger for Union Oil Company, P.O. Box 190247, Anchorage, Alaska 99519-0247. We're here tonight to ask, to submit an application for a conditional use permit for the drilling of the Cannery Loop, number 4 well, to be located off what we call now, patent number 3; and is the same, as you recall back in 81', I believe, 83' excuse me, when we drilled Cannery Loop number 3 well, we asked for a conditional use permit, were granted for the location just off of....I believe you call it Bridge Access Road, for lack of a better name, kiddy corner to the Chevron Terminal Station there. In that, I guess that's.....really I'm here to answer any questions that you may have. Our application has been submitted. I think it meets the two criteria that are required under the ordinance and I'd be happy to answer any questions you might have." "What we're doing, is we're drilling a new well, so it'd be number 4. We currently own that site as number 3. We fully intend to go back in and re-complete number 3. This new well is designated as an oil well, initially, it's going to be an .exploratory well, which we hope, you could cross your fingers for the City of Kenai and the rest of us, that it is, it is a productive oil well. If not, we can plug back into the upper zones, which we have three participating areas, three zones, which are currently capable of producing, and we will then complete in two of those zones off of this path, so that the well will not be an expendable well. It will be a well that is utilized in the gas development, should we not be successful in oil development. Then we will move over to the number 3 site, which is no more than fifty feet from where we drilled the other one, re-enter that well, and re-work that well in order to put that on production. And, of course we will building facilities and pipe line to the existing KPL line which we call Kenai Pipe Line, to get that to market, so....and after that is....we'll be coming back to you, in asking for a conditional use permit on our Cannery Loop number 1 site, which is down off of Cannery Loop Road, which is an existing KENAI PLANNING & ZONING COMMISSION April 8, 1987 page -9- well. We intend to re-enter that well as well as put that on production and drill an additional well there. So we're starting a full scale gas development now. If we have oil, oil will take precedence over the gas, obviously, and we will start a full scale oil development in conjunction with our gas development. But, as I said, it's an exploratory ploy and we think there's something there. We wouldn't risk it, but yet, we have the alternative of plugging back into the lower,...the upper." Commissioner Smalley asked what Union Oil plans to do with the drilling muds? Mr. Tabler: "As, you probably read in the paper, we intend to box the cuttings in 4X4X4 boxes, which we have done on other wells, and they are lined, and ship those, transport those to the Kenai Gas Field, where they'll be stored. And then permanently disposed of as soon as the DEC, the hearing officer, addresses the question in our application, which we appealed the decision from DEC for permanent disposal on a couple of sites in the Kenai unit. So, they'll be handled in accordance with DEC regulations. When we know what those regulations are." Commissioner Smalley asked, if one of those pits in the plan involved the Pilch property on Beaver Loop? Mr. Tabler: "That property has been permanently disposed of according to .....and approved by the, by the DEC, or excuse me, ODDC. That is an existing site and I don't know the status of that." The Commissioner Smalley indicated he meant the boxed materials, the cuttings from the new well, the proposed well. Mr. Tabler: "The proposed well? They'll be moved to the Kenai Gas Field, if that's your question. They will not be in the City of Kenai. They will be all ...... Commissioner Smalley asked: "They won't be brought back in for permanent disposal in the City of Kenai?" KENAI PLANNING & ZONING COMMISSION April 8, 1987 page -10- Mr. Tabler: Depending upon how DEC rules on whether or not we can have a permanent disposal or not. I....once they're moved to another site, I don't think we'll go through the expense of moving them back in. No. There are the cuttings that are in place from the Cannery Loop number 3 well, which we drilled in accordance with your regulations at that time, and we will be using the steel, steel tanks as are in accordance with your regulations now, but, no, I don't believe, and I stand to be corrected on that, but I don't believe they'll be moved back into the City. No. We are currently permitting a permanent disposal site outside the city limits for permanent disposal of not only these muds and cuttings, but if we should have to dig up and remove the pits that are currently existing in the Kenai Gas Field, those will be moved there as well as Beaver Creek and some others. So, no, they'll be.....whatever, when DEC makes a ruling, we'll comply with that ruling." A commissioner asked if he (Mr. Tabler), had a meeting with the Landscaping Review Board, as far as the surroundings? Mr. Tabler: "Yes we have. And, I'll responded to that, in that we have approval and it's actually tentative approval, because it's....we have not starting building a building yet, so technically it doesn't come in, but we have agreed to put some slabbing into the fence. By way of slabbing, it was decided that a, there's a particular green slab that we've chosen to use to be put in on the, the west and the south base of the existing pad. And that's the only part that's visible to the road. The rest of it has a natural buffer zone and can't be seen. We will, in 1988, when all of our actual operations are complete, then go in with full scale landscaping, which will include hydro-seeding of the slopes, and we will be planting some trees, some Spruce trees. Basically, be forestering it back to the condition that it was when we enter the property. So, we do have approval, I believe from, I don't know if you know it or not, but we do have approval from that committee to our site plan. That we'll, that site plan will be done when we finish our operations, cause obviously it won't do much good to landscape it, and then....but the actual slabbing of the fence to hide the operation will be imminent as soon as we can get the material in town." KENAI PLANNING & ZONING COMMISSION April 8, 1987 page -11- Chairman Lewis thanked Mr. Tabler. Commissioner Smalley indicated to the Chairman for the record, that when this issue comes up, he will be voting on it, and he currently is a lease holder with Union Oil, off the Cannery Loop Well system. Commissioner Smalley didn't believe that at this point in time, that there's a substantial income gain there, but he is one of four hundred some mineral rights owners in that district, which they have some on the council as well, and may even have more on this board, but he didn't preconceive it as a conflict of interest if the Chairman) didn't, and if the Chairman didn't, Commissioner Smalley would vote on it. Chairman Lewis didn't see it as a conflict of interest. Chairman Lewis indicated he also had a potential conflict of interest, being employed by Unocal, and asked for the concurrence of the rest of the Board. Chairman Lewis indicated he would vote on it. Commissioner Bryson: "I'd like to propose a Resolution in that PZ 87-2 granting request for conditional use permit for extraction of natural resource in accordance with ordinance, in that the proposed users are permitted conditional use in the zone and that applicant has demonstrated with testimony in the plans that he would meet the specific requirements of the ordinance." Commissioner Osborne seconded. Commissioner Smalley asked if that incorporates the findings of the review board? Commissioner Bryson stated that he believed that those are requirements, one that the benefits of this City in terms of economic development, must out weight adverse effects to the decided securing of fence required. Councilman Wise asked about permitted or non-permitted. Commissioner Bryson stated, it's permitted. Commissioner Bryson indicated he had specified that it's permitted use, as a permitted conditional use. KENAI PLANNING & ZONING COMMISSION April 8, 1987 page -12- VOTE Passed unanimously. 8. PLANNING a. Ordinance 1130-86: Zero Lot Lines - Memorandum from J. Ron Sutcliffe, Legal Assistant. Commissioner Smalley commented in reading through the document, on the back side of the letter from Mr. Sutcliffe, Mr. Sutcliffe suggested that he could draft the ordinance and attach it, so that it corrects it. There was discussion from the commissioners. MOTION Commissioner Bryson moved to request the attorney to incorporate a separate sub-section pertaining to unit townhouses in the existing ordinance. Commissioner Smalley seconded the motion. Commissioner Church asked for an explanation of the proposal. Commissioner Bryson stated what he would like the attorney to do, is draft what he (attorney) feels would remedy the situation and clarify (several commissioners speaking at once) into the existing ordinance. Commissioner Church had some questions regarding the difference of townhouses and zero lot lines. This was explained to the satisfaction of Commissioner Church. VOTE The motion passed unanimously. 9. REPORTS a. City Council. KENAI PLANNING & ZONING COMMISSION April 8, 1987 page -13- Councilman Wise reported the City will dedicate an area adjacent to the Borough garbage dump, in section 36, fronting the Spur and incorporating the old garbage dump, it will be less than 25 acres, and will be four Little League Fields and three American Legion Fields. It will formally be instructed that it be platted and dedicated by ordinance and permit the Little League and their people, on the volunteer basis, go in and develope the area. This will be a long term project, the City will probably put in the water and sewer, but won't be responsible for the development of the area itself. Councilman Wise went on to say there would be round fields and significant buffer areas, which will enable the adjacent property to be developed with reasonable safety. b. Borough Planning. Commissioner Bryson reported and called the commissioners attention to Item N on the Borough Agenda. Commissioner Bryson asked for discussion on the possible sand and gravel application for the Corp of Engineers permit to put a ramp into the Kenai River. Commissioner Bryson stated part of the improvements proposed were on the adjacent property owner's half of the easement that extends through the area. Commissioner Bryson questioned the legality of a private party proposing to use, on an easement, another persons' property. The Borough will be researching this for Commissioner Bryson. Ms. Gerstlauer stated that some of the property owners did appear before Council at the last meeting and spoke, and as a result of that, Ms. Gerstlauer requested of the Corp of Engineers to hold a public hearing in Kenai. The verbal response from the Corp of Engineers was that unless there's over whelming evidence that it's needed, they (Corp) will not go to the expense to have a public hearing in Kenai. Ms. Gerstlauer did write a formal request asking for it and talked to the property owners and told them they need to request it also. Commissioner Smalley asked if the Council wanted to have a public hearing? KENAI PLANNING & ZONING COMMISSION April 8, 1987 page -14- Mr. Gerstlauer stated, "yes." Commissioner Bryson stated if there was no objection, he would suggest the Borough Planning Commission do the same thing, (request the same type hearing). The request was sent in Thursday and there was further discussion regarding the section line right of way, the popularity of the camper park and the objections and protection of the neighborhood. c. City Administration. Ms. Gerstlauer reported that she received at 4:00 p.m. today (4/8/87), a rezoning application for a portion of Dena'ina j Point Estates, property sold to Royce Roberts. The request is for rezoning to General Commercial and will come before the commissioners at the next meeting. Also received and scheduled to come before the commissioners, is a request to purchase a portion of Section 15, (Government Lot 6) which is down by the river and is City owned. Ms. Gerstlauer pointed out the approximate location of the property on the plat map for the commissioners and thought the size to be under five acres. There was general discussion while explaining and viewing the approximate location on the plat map. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None. 11. INFORMATION ITEMS a. Borough Planning Agenda. Already discussed. b. Council Agenda. Already discussed. 12. COMMISSION COMMENTS & QUESTIONS None. KENAI PLANNING & ZONING COMMISSION April 8, 1987 page -15- 13. ADJOURNMENT The meeting was adjourned at 8:20 p.m. d~~ ti'fj~ ~f Niva A. Aburto dba/Niva's Clerical Services for the City of Kenai KENAI PLANNING & Z0;3ING COMMISSIONI April 22, 1987 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 PZ87-3: Rezone Tracts D-1 through D-7, Dena'Ina Point Estates, from RS to CG - Roberts~McLane 5. APPROVAL OF MINUTES OF April 8,.1987 6. OLD BUSINESS } 7. NEPd BUSINESS 8. PLANNING a. Amend Zoning Cade: 14.20.240 Pertaining to Mobile Homes & Recreational Vehicles - Continued Pending Information from Attorney's Office 9. REPORTS a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS a. Borough Planning Agenda b. Council Agenda c. Letters from Property Owners in the Beaver Creek Area 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT PLANNING & ZONING COMMISSION April 22, 1987 Page 2 8. PLANNING a. Amend Zoning Code: 14.20.240 Pertaining to Mobile Homes & Recreational Vehicles - Continued Pending Information from Attorney's Office No information available at this time. This will be a continuing item. b. Review of Corps of Engineer's Permit for Kenai River 185 - Boat Launch Project Planning Specialist Loper explained that as a regular part of the Commission's duties, a review of any Corps permits for the Kenai area are done and recommendations sent on to the Corps and Council. The Corps sends out these notices to all government agencies for comment. A Mr. John Cook appeared at the last Council meeting and spoke on this subject. As a result, a letter has been sent to the Corps regarding this matter requesting that the Corps hold a public hearing. A letter was returned from the Corps of Engineers ac- knowledging the request, however, no date has been set. The Borough Planning Commission, at their regular meeting on Monday also to review this permit, and made no decision pending the Corps hearing also concurring the request from the City of Kenai for a public hearing. "" MOTION: Commissioner Bryson moved to propose a statement, concurring the Council's action in requesting a public hearing be held, seconded by Commissioner Osborne. The request is that this letter be sent on to the Corps. VOTE: Motion passed unanimously. Item 4-a moved to this point as representative is in attendance. a. *Resolution PZ87-3: Rezone Tracts D-1 through D-7, Dena'Ina Point Estates, from RS to CG - Roberts/McLane Mr. Sam McLane came forward to address the petition. This petition is a unique in that it is not on platted property but on a concept prior to replatting. McLanes & Associates did the original engi- neering work for the roads, utilities, and drainage system in the area and this concept will not in any way deter from the plan in that, although the road plan within the project area will be different, they will match and connect with the existing platted adjoining areas. The Commission will note that the legal descrip- tion depicts all D tracts, the boundaries and legal description will change if the rezoning is approved at the conceptual level. PLANNING & ZONING COMMISSION April 22, 1987 Page 3 The new road system and new modified tract boundaries which will require a vacation of existing ROW's and easements. Mr. McLane expressed his feeling that the downtown area is very limited with very few existing commercial tracts. This area will offer a large commercial tract both on the Spur Hwy and on the bluff. There are several restrictions which apply to Section 36 which will need to be waived, a continuous 30' no cut screening easement along the highway, restriction on double frontage lots, interior access only, and 10' wide linear utility easements along all interior ROW's. Chairman Lewis asked for the future plans of Mr. Roberts. Mr. McLane, by way of answer, passed out statistics on residential and commercial building permits and property inventory from the Borough tax rolls. What this data shows is that there is a lot of residen- tial lots available. The bluff property certainly lends itself to hotel and restaurant type of development. The remainder would lend itself well to office type development. Councilman Wise remarked that as the holder of the paper is the City and his may not be legal under the terms of sale and secondly if this property is resubdivided, under current ordinances you are required to put in the roads and utilities. Mr. McLane answered that he was familiar with the installation agreement and would be requesting an exemption to the agreement. The concept appears before this body because if it were done the other way, that is, replatted with the commercial concept and then the rezoning turned down, the developer would be in a bad situation. This will com- prise 33 acres of commercial and 10 acres of residential property. There is about 1,070 feet of commercial bluff frontage and about 1200 feet of residential bluff property. Councilman Wise stated that the Comprehensive Plan does not identi- fy this as a commercial area. Commissioner Smalley indicated that the Comprehensive Plan also speaks to not creating spot zoning and shifting commercial business away from the central core of the business district which this certain would do. Mr. McLane felt that it would be contiguous to the existing zoning along the other side of the Spur Hwy, however, is isolated on the south side of the highway. What it does do is make available bluff property which is no longer available in any large tracts at all elsewhere. Old Towne being small lots and having the high erasion problems. Councilman Wise stated that there is no provision for deed of release on that property. All lots have to be paid off prior to sale. There being no further public comment, Chairman Lewis brought discussion of the item back to the Commission. PLANNING & ZONING COMMISSION April 22, 1987 Page 4 Commissioner Bryson commented upon the Comprehensive Plan (approved copy of 1980) which set out goals for commercial development, "encourage more intensive commercial development within existing business district, discourage strip commercial development along the highway, major arterials, and major collectors and limit expansion of commercial development outside the central business district." I see no problem with the engineering and the replatting, but the philosophical movement away from the center of the business district and the impact it might have I do have concerns. Also with a concentrated existing residential area. Commissioner Smalley agreed, adding that the new Plan, not yet approved follows the same guidelines. Chairman Lewis expressed. his feelings that it would be hard to move property at this time whether it be residential or commercial. Commissioner Bryson asked if it would be reasonable to postpone the hearing until the developer could return and address the concerns such as the Comp- rehensive Plan. Commissioner Church expressed an interest in knowing how many commercial lots there are in the downtown area. Commissioner Mishou volunteered a list of all commercial listings. The other thing that we don't know is, of those lots, how many are vacant or developed. Commissioner Smalley also expressed a desire to hear of more concrete plans for the area. Mr. McLane indicated that he was not aware of any specific project Mr. Roberts has in mind and would ~ like an opportunity to address that and other areas. A brief inventory of the commercial properties would also be helpful. Councilman Wise advised caution in that the rezoning must go on to Council also. Commissioner Smalley voiced concerns with proceeding any further without some of the concerns being addressed by the developer. Commissioner Mishou stated that, at the time Section 36 was being developed in the early stages he remembered feeling thrilled about the idea that eventually Redoubt Terrace could be extended by internal streets all the way up to the north end, with lots that have beautiful trees, some of the last of the big trees left in the City, and the bluff view with the potential of being one of the nicest subdivisions in the City. The whole concept was pleasing. The idea of a commercial plot right in the middle of it certainly upsets the idea of internal travel and I think I would like to hear more about the reasons for this rezoning also. MOTION: Commissioner Osborne moved to extend the public hearing to the next regular meeting for Resolution PZ87-3, seconded by Commissioner Mishou. VOTE: Motion passed unanimously 9. REPORTS a. City Council PLANNING & ZONING COMMISSION April 22, 1987 Page 5 Councilman Wise commented on the last meetings' ordinances and resolutions. b. Borough Planning Commissioner Bryson reported that the only item for the City was the same Corps permit already discussed. c. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Nick Miller - resident of Ames Rd. Mr. Miller presented a copy of a letter to the Commission which had been sent to the City earlier. The letter addressed the earlier vacation of a ROW along Angler Drive. In this plan they still don't have a vacation of a ROW, the only people that can give you a vacation of ROW in the State of Alaska is the State, Dept. of Transportation. In other words, no other state agency can come in and use their ROW until the DOT gives it to them, but if you notice on their plan, all but 20' of a 66' ROW is being used for their parking. The Corps can't give them that." Mr. Miller passed around pictures of the drainage ditch and the creek. b. Will Jahrig - property owner on Angler Drive..: Mr. Jahrig also addressed the proposed boat ramp project voicing objection. Mr. Jahrig has recently purchased this property and feels that he would like to see the area remain as it was some years back when it could be used for recreational uses by single property owners rather than the impact an RV park and boat ramp would make calling it a "carnival atmosphere". Fr. Targonsy came forward to voice a complaint pertaining to the replotting of his client's property. The complaint was forwarded to the City Manager by Planning Specialist Loper. 11. INFORMATION ITEMS a. Borough Planning Agenda b. Council Agenda c. Letters from Property Owners in the Beaver Creek Area 12. COMMISSION COMMENTS & QUESTIONS Commissioner Smalley asked for a schedule for summer leave for Commissioners. Smalley 6/15 - 8/1 (mid June through first week of August) Lewis 6/28 - 7/22 Those Commissioners planning a vacation this summer, please let the PLANNING & ZONING COMMISSION April 22, 1987 Page 6 } secretary know the dates as near as you can. 13. ADJOURNMENT There being no further business, the meeting was adjourned. The next regular meeting of the Commission is May 13th. Janet A. Loper, Planning Specialist Secretary to the Commission KENAI PLANNING & ZONING COMMISSION u~ Roll Call ~i~ DATE : J ~ /}'~~ /%//// Chairman •Lee Lewis "Phil Bryson ~ Y Gloria Church Leighton Mishou ~~ Marj O'Reilly Ozzie-Osborne Hal Smalley Pass/Fail TO DO F -.4 _. k,~~~,~rr~..,~z~..~w_: _ ~:.~~~;.. ~.~.,:, . .~s~