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HomeMy WebLinkAbout1987-05-27 P&Z MinutesKENAI PLANNING & ZONING. COMMISSION Amended May 27, 1987 - 7:00 PM Kenai City Hall Lee Lewis, Chairman 6:00 PM - Work Session on Proposed Revisions to Townhouse Ordinance (See Memo from Attorney) AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS a. Resolution PZ87-7: Amend Zoning Code: 14.20.245 and 14.20.320 Pertaining to Recreational Vehicles and Recreational Vehicle Parks 5. APPROVAL OF MINUTES of May 13, 1987 6. OLD BUSINESS 7. NEW BUSINESS a. Preliminary Plat PZ87-9: Candlelight Drive R/W Dedication 8. PLANNING 9. REPORTS a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS Borough Planning AGenda City Council Agenda 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT ~.. ;. ~: i KENAI PLANNING & ZONING COMMISSION May 27, 1987 - 7:00 PM Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Present: Lewis, Bryson, Michou, Osborne Absent: Church, O'Reilly, Smalley (all excused) 2. APPROVAL OF AGENDA Amended agenda approved unanimously 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ87-7: Amend Zoning Code: 14.20.245 and 14.20.320 ~ Pertaining to Recreational Vehicles and Recreational Vehicle Parks Planning Specialist Loper introduced the item explaining that this final draft is the culmination of about 3 years of work by the Commission and this draft is the result of work done by the legal department. This ordinance allows for the caravans, places responsibility to the City Manager for designating places for RV parks which do not fall under other guidelines, and does not appear too stringent, however, stringent enough to enable the City to respond to citizen complaints. Chairman Lewis opened the meeting to the public for comments, there were none. Chairman Lewis brought the item back to the Commission. Commissioner Bryson asked that in the event this were on the books at this time, is it the attorney's opinion that the proposed RV park down on Beaver Loop would have been permitted. Answer from Planning Specialist Loper, the question has not been put to attorney. I could not answer for him. This ordinance is general rather than specific. Commissioner Bryson commented on 14.20.245 (d)(1) referring to cannery workers. Commissioner Bryson stated, "I can think of a lot of situations that that could be virtually intolerable even though they are on private property it is quite dangerous to public health and it probably goes on now. What I would like to do is continue PLANNING & ZONING COMMISSION May 27, 1987 Page 2 the sentence where it reads, "only during the cannery season provided 14.20.245 Sections 1 & 2 are conformed to." They are basically that "Utilities are adequate" and "Health, safety, and welfare will not be jeopardized". Chairman Lewis asked if #3 would be excluded, Commissioner Bryson answered yes that would just bring us around in a circle. Commissioner Bryson noted that at the bottom of the first page of the ordinance, 14.20.245 (d)(2) the verbiage could be changed to read more clearly: "except that areas may be designed by the City Manager for use as camping areas and at such time as designated by the City Manager." It is confusing and might read better be deleting the words "by the City Manager" and "and". MOTION: Commissioner Bryson moved to approve Resolution PZ87-7 pertaining to Recreational Vehicles including the following amendments: 1) Section 14.20.245 (d)(2): delete the words [BY THE CITY MANAGER] and [AND] The paragraph should now read: "No persons may occupy or utilize any recreational vehicle as living quarters or sleeping accommodations while such vehicle is parked on City property, not designated as a recreational vehicle park, except that areas may be designated for use as camping areas at such times as designated by the City Manager." 2) Section 14.20.245 (3)(1) add words: provided KMC 14.20.245 (1 and 2) are conformed to. The Commission further requested that the proposed draft be forwarded on to Council for approval and passage at the earliest opportunity. VOTE: Motion passed unanimously 5. APPROVAL OF MINUTES of May 13, 1987 Minutes were not available at meeting time. 6. OLD BUSINESS None 7. NEW BUSINESS a. Preliminary Plat PZ87-9: Candlelight Drive R/W Dedication Administrative Assistant Gerstlauer, to make the Commission aware that this easement traverses land adjacent to the current municipal j golf course, the lands were at one time proposed for additional nine holes. The City has received a signed lease from Dick Morgan, but to my knowledge, that it has not been signed by Mr. Morgan so PLANNING & ZONING COMMISSION May 27, 1987 Page 3 } there may be conflict in the future. Chairman Lewis, the lease property that would preclude a dedicated ROW? Answer yes. Chairman Lewis recognized Mrs. Burnett to speak on the matter. Mrs. Burnett: "I need to address this matter in that the lease specified that, Mr. Morgan's lease, specified that it includes any easements of record. So that, that provision is there. As I mentioned to you privately before the meeting, this plat is submitted in harmony with ordinance 87-083 which was passed through PZ and on to City Council and signed by them on August 17, 1983. So this is simply a platting of the road that was granted by that ordinance." Chairman Lewis, "when did it first come to your attention that the golf course wanted to incorporate this same land. Answer from Mrs. Burnett, 1985. Chairman Lewis asked if she had discussed it with anyone in the City at that time, answer yes, for two years from the time we found out what the golf course included. Chairman Lewis, how would you describe the City's position on it. Mrs. Burnett, the City has changed their position a number of times and their most recent meeting that I attended, the Council simply elected to do nothing. They said that, the Mayor's words to me was, "we gave you an easement, claim it." His words to Mr. Morgan were: "we've given you an option to lease with whatever easements may be there." Administrative Assistant Gerstlauer, at the last Council meeting which I attended also, May 20th, the Council directed Administration to make the land available to Mr. Morgan. He has what is called the first right of refusal on that land. He can't claim the land or ask for a lease, we have to make it available. Council directed that we do that. Subject to easements, that may very well be. They did change some of that verbiage and I'm not privy to what they changed, but it did have to do with that section. That lies with the legal department, but there has been a change. Mrs. Burnett: "that is specifically what it says, it does not elaborate, it just says subject to easements of records, I do have a copy of that." Commissioner Bryson asked if the legal staff had offered any recommendations to us? Answer no. Commissioner Mishou stated that he felt we were being asked to solve a legal problem. Chairman Lewis and Administrative Assistant Gerstlauer felt that on the face of it, no. Chairman Lewis felt that as far as legalities go, there is nothing here to support a decision. Commissioner Bryson noted that the City has to sign the plat as the property owner and asked if the City Manager had been given any direction from Council. Answer from Mrs. Gerstlauer, no. I would venture to say that this plat would go to Council but I don't know that for a fact. I could not answer for him. ~ Commissioner Osborne asked what the Commission had done the previous time this issue had appeared before the Commission. Ms. Loper answered that if memory serves, the easement had been PLANNING & ZONING COMMISSION May 27, 1987 Page 4 granted without dedicating it, then Council had taken over. Chairman Lewis noted that there was no golf course at the time. There was also something about the gravel pit. Mrs. Burnett answered that there was a proposed moving of the gravel pit from the west side of the road to the east side in 1984. Actually, we've been back and forth with several different issues. First we were granted the road, then they were thinking of putting the gravel pit right in front of the property so we opposed that and that only got stopped because of the golf course proposition which of course we welcome anyone would rather have a golf course right across from their land than a gravel pit. The only thing was that we didn't understand at that time that the proposal was being considered to actually cover up Candlelight. I don't recall if there were any specific stipulations on what P&Z did in 1983 as opposed to what the Council finally did with it, it was specified in the ordinance that the City did not maintain the road unless it was upgraded to standard, which it is not. Commissioner Bryson felt very uneasy that we are being asked to act on this and the Council hasn't indicated that they are even going to plat it. Mrs. Gerstlauer stated that normally it wouldn't go to Council. I can't say what Bill what do. Mrs. Burnett stated that she did present this very plat to Mr. Brighton Friday, in view of the fact that we did have an ordinance for support on that, and he simply commented to us that he doesn't sign-'the paper plat, he signs the mylars and that it has certain steps that it had to go through and that it would finally end up on his desk in mylar form. When I questioned him as to why it couldn't be signed since it is actually been before P&Z and been before Council before it could ever become an ordinance, he just simply said well there are other details on the plat, the surveying details and other things that P&Z has to take a look at, Dana was there for that conversation. Commissioner Bryson asked if there had been a survey done, exception to the staking requested, answer from surveyor in audience, it is presently being surveyed to monument according to the Borough regulations, no specific monumentation waiver was requested. Commissioner Bryson felt there were two options open to the Commission, one is to postpone action and the other is to approve it and request that it go immediately to the Council for revocation of our action prior to going on to the next stage. Mrs. Gerstlauer stated that it could go to Council before the Borough meeting which is June 8th. Mrs. Burnett stated that she "agreed with Dana, you're not being asked to decide any legal questions at all, this may very well end up a legal matter, but if so, it will be determined, first of all it will be on Mr. Brighton's desk for the final approval, without his approval it will not have any bearing, and even it he does put his approval on it if it proceeds to a legal matter than it will be decided by the court. I don't think this body is being asked to decide any legal question but simply whether the plat is up to standard as far as the workmanship of the surveyors and again that you do have the authority of ordinance 870-83. There is nothing on PLANNING & ZONING COMMISSION May 27, 1987 Page 5 the books conflicting instructions even in the lease that Mr. Morgan has returned back to the City and has not yet been signed, because it does provide for any easements. Ms. Loper suggested that perhaps Commissioner Bryson is suggesting that this body has no knowledge of the desires of Council, they have never seen the ordinance you are referencing. Mrs. Burnett handed out a copy of the ordinance to the Commission. Commissioner Mishou asked if it would be safe to say that if no action is taken nothing would happen, or if action is taken and we approved it, it could get the legal action it would need. Mrs. Burnett answered that probably either way legal action is very likely. Surveyor from the audience stated that the plat goes to the Borough and whether or not you take action, they will approve it whether they hear from you or not, they will approve it according to the staff comments. Commissioner Bryson stated that he can agree with what Mrs. Burnett says about the property, however, I am still uneasy about the fact that there is positioning for relative priority on the property itself. Chairman Lewis stated that the Commission has not been made aware of that. Commissioner Bryson felt somewhat dismayed that there is no legal staff report. Commissioner Mishou asked if the plat for the golf course came before this Commission, Chairman Lewis answered yes. Commissioner Mishou asked.if at the time the existence of this road was addressed, answer from Mrs. Gerstlauer, I was not here at the time and I don't know why Jeff Labahn didn't bring it up, that would probably have cleared up this whole mess, but the ordinance was in effect and the original lease from 1985 did have the language that if the City should make this additional acreage available to Mr. Morgan he has the first right of refusal. Why this happened I don't know. Commissioner Mishou stated, that if we were dealing with sold property instead of leased, a title search would have uncovered the ordinance. Mrs. Gerstlauer answered that ordinances are not recorded. Mrs. Burnett stated that this was the reason we were subsequently instructed to go ahead and survey and plat it, that way it would be a matter of record. These were the instructions from on of the Council meetings they had. MOTION: Commissioner Bryson moved to approve Resolution PZ87-9, preliminary plat for Candlelight Drive R/W Dedication, contingent upon that this recommendation, if approved, be forwarded to Council, seconded by Commissioner Osborne. Chairman Lewis Commissioner Bryson to explain the last provision, do you mean forwarded to Council prior to administrative approval, ~ answer "I would like Council to ratify the positive motion that may be passed prior to giving the City authority to sign off." PLANNING & ZONING COMMISSION May 27, 1987 Page 6 Chairman Lewis asked if that was not normal procedure anyway, answer from Ms. Loper, no. Plats do not go to Council unless specified as Commissioner Bryson has just done. Mrs. Burnett, as Dana said too, if Mr. Brighton was in doubt he would put it back to Council anyway, it still isnt going to be final until he signs it just as Mr. Morgan's lease will not be final until its signed by Mr. Brighton so the ultimate decision is going to be on Mr. Brighton's desk anyway. Surveyor, normally the Council is the initiator of a project so they have given you authority to do the - process. In this case as Mrs. Burnett indicated, the process involves city-owned property. VOTE: Motion passed unanimously. 8. PLANNING None 9. REPORTS a. City Council None - b. Borough Planning Commissioner Bryson informed the Commission about a lengthy discussion by a logger from Cooper Landing concerning the trees being cut which are victim of the beetle infestation. The concern is that the dead trees are a forest fire potential and loggers would like to cut or harvest the timber. This is an ongoing battle this individual has had with the forest service. c. Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS Borough Planning Agenda City Council Agenda No comments 12. COMMISSION COMMENTS & QUESTIONS Commissioner Osborne questioned the sign which is the side of the building containing the donut shop owned by Mrs. Swanson. "The `l PLANNING & ZONING COMMISSION May 27, 1987 Page 7 whole side of the building looks like a sign." Planning Specialist Loper was asked to check into the legality of a sign of that size. 13. ADJOURNMENT There being no further business the meeting was adjourned at 7:45 PM. Janet Loper, Planning Specialist Secretary to the Commission KENAI PLANNING & ZONING COMMISSION Roll Call ~~^~K~ ~ 1 /////// Chairman •Lee Lewis 'Phil Bryson Gloria Church Leighton Mishou Y ' Marj O Reilly Ozzie-Osborne Hal Smalley Pass/Fail TO DO