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HomeMy WebLinkAbout1990-03-28 P&Z Minutes } KE NA = PLANN = NG ~ Z O N = NG COMM = S S = O N March 28, 1990 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Chairman AGENDA 1. ROLL CALL a. Oath of Office to New Member Saylor Rehm 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS 5. APPROVAL OF MINUTES of March 14, 1990 6. OLD BUSINESS a. Vacation Request: 66' of Section Line Easement, .Section 5&6, T5N, R11W, SM - Old Towne - Bookey/Way b. Discussion: Amendments to KMC 14.20.145 - New Recreation Zone i ,.,,, , 7. NEW BUSINESS a. Lease Review: Lot 2, Gusty S/D - Addition to Building - Wagoner 8. PLANNING a. Reassign Teams for Comprehensive Plan b. Review of Borough Comprehensive Plan 9. REPORTS a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEUDLED TO BE HEARD 11. INFORMATION ITEMS a. City Council Agenda - March 21, 1990 b. Borough Planning Agenda - Not Available c. Memo from Chairman Bryson to City Attorney's Office 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT } `~ KE NA = PLANN = NG ~ Z O N = NG COMM = S S = ON March 28, 1990 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Chairman 1. ROLL CALL Present: Bryson, Bannock, Glick, Graveley, Rehm, Harbaugh Absent: McComsey (excused) Also Present: Councilman Smalley a. Oath of Office to New Member Saylor Rehm - Mayor Williams 2. APPROVAL OF AGENDA MOTION: Commissioner Glick moved approval of the agenda as submitted, seconded by Commissioner Bannock VOTE: Motion passed by Unanimous Consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD I Mayor Williams addressed the Commissioners regarding the Congregate Housing project and brought them up to date. 4. PUBLIC HEARINGS None 5. APPROVAL OF MINUTES of March 14, 1990 MOTION: Commissioner Glick moved approval of the minutes as submitted, seconded by Commissioner Bannock VOTE: Motion passed by Unanimous Consent 6. OLD BUSINESS a. Vacation Request: 66' of Section Line Easement, Section 5&6, T5N, R11W, SM - Old Towne - Bookev/Wade This item returns at the request of the Commission following some questions brought up at the last meeting, March 14th. The Commission further discussed the location. Chairman Bryson: If Tract G-2 belongs to the City, this is inferring that Bookey's main building there encroaches onto the property. Again, perhaps a problem for someone else. Planning Specialist Sumey: If it were vacated, KENAI PLANNING & ZONING COMMISSION March 28, 1990 Page 2 the part of the section line that would belong to G-2, is that what you're talking about? Chairman Bryson: Whether or not its vacated. Their major building there is on a number of parcels, most of which may be theirs, .but Tract G-2 I assume is in title to the City. Planning Specialist Surrey: I would imagine as long as the building was in a section line easement there was no problem there, assuming it was for public use, but as soon as it was vacated it goes to the City and the buildings would be a problem, am I right? Chairman Bryson: The laws pertaining to who the property goes to in the case of a vacation are very specific, state laws are something we can't control one way or another. Mine was only a passing comment. Planning Specialist Surrey: Should it come up, would you like to address it? Whether or not an easement is vacated, doesn't either clear up anything or cause additional problems. If there is an encroachment, the encroachment exists either way. Planning Specialist Surrey: Do you feel that this should be mentioned at all them. Chairman Bryson: If the Borough has this drawing they would certainly make comment on it. Planning Specialist Surrey: I don't believe the Borough has the drawing as there are no indications the plat is anything but a survey done for the City privately. Chairman Bryson: This should be something between Mr. Bookey and the City. Commissioner Glick: What you're saying is that it doesn't have any bearing whether we vacate the easement or not. Chairman Bryson: I don't think it does, unless someone else has comment on it. Commissioner Glick: The fact that there are buildings set over on the City. property doesn't have any bearing on whether we vacate the easement or not. Chairman Bryson: If this is the City property and there's an easement across and you eliminate the easement, you still have the same building encroaching on it. Here you would have leverage to get something cleared up. Commissioner Glick: The best way to get that cleared up is to have discussion to take place with him. The Commission agreed. Commissioner Rehm: If what you're saying is not to get involved, who would get involved in this encroachment. Chairman Bryson: I would assume someone who cleans up City records. Commissioner Rehm: What he is asking is that we vacate the easement. But somebody somewhere is going to get involved. Planning Specialist Surrey: Doesn't a replat follow a vacation? Commissioner Rehm: You have to replat after a vacation, yes. Chairman Bryson: In some instances the Borough will allow it by just ...... other than a plat. Have the Borough recommendations come yet? Planning Specialist Surrey: No. I talked to Robbie Harris today and she said the Commission wouldn't meet until April 2nd and the Council meets April 3rd, so she asked that the Council wait on a decision until April 18th. Commissioner Graveley: They are asking for 66' and I question whether they need the whole length of the easement. I understand it would make more sense that way. Planning Specialist Surrey: I think what they're asking for is to use the easement because this is all going to be part of his RV park at this end. I would assume that after he is gains the vacation, he will ask the City for the property in the this lower section. It makes sense that way. . KE,NAI PLANNING & ZONING COMMISSION March 28, 1990 Page 3 ~~ Chairman Bryson: If there's never any access contemplated from that direction, there's really no reason to have the easement sweep through the area, it just hinders development.. I'm sure the state is in no hurry to make another access to the intersection. Planning Specialist Sumey: There is an access there, it is Mr. Wade's driveway. MOTION: Commissioner Graveley moved to approve and recommend approval to vacate the 66' section line easement as described, seconded by Commissioner Glick VOTE: Motion passed unanimously by roll call vote b. Discussion: Amendments to KMC 14.20.145 - New Recreation Zone Planning Specialist Sumey: For Councilman Smalley, if you check back in your December 6th packet, you will find, I believe, that all pages of the chart are included and I have checked the ordinance files and all copies of the chart are there also, so I fail to see that this first part is a problem. Councilman Smalley: We talked about that over the phone and you are correct. Planning Specialist Sumey: Does anyone have any problem with the last item, an ordinance adding the recreation zone to the list. ._ Commissioner Bannock: What does Administration think of this. Planning Specialist Sumey: The Commission doesn't hear ordinances, it would have to come before you as a resolution then on to Council as an ordinance, thus going through about three meetings. That's up to you and Council to decide. Commissioner Bannock: What is Council's wish. Councilman Smalley: I don't think Council objects, this did not come from Council, it came from the legal department. Commissioner Bannock: As a Council person do you think its necessary. Is Council going to ... do they feel we need to do this. Councilman Smalley: No, I don't think its necessary, from a personal standpoint. However, it could be, I haven't visited with the attorney on this. I did visit with Janet and went back in those records and it was there. Maybe the reason the attorney is doing this, in including those other pieces is the boat launch. Maybe it wouldn't, but I'm just guessing. Commissioner Graveley: I have my own opinion, I think that that's a function of the City office to take care of it. It falls under administration. We've already made the ordinance that created the zone. What are we trying to do with it. It seems to me that if that's already created, its a matter of function to just add it into the system. Councilman Smalley: I cannot understand why the City Attorney wants it done this way. It seems to me a duplication. Commissioner Bannock: On the other hand, we could just do another ordinance. It seems to me, like with Art, its a matter of function and part of administration's job. MOTION: Commissioner Graveley moved that the Commission assign this task to City Administration - legal department to update the Kenai Municipal Code page 14-61 supplement #51 by adding the Recreation (R) designation between the words Conservation and Rural Residential and adjust appropriately the Land Use Tables pages 14-66, 14-67, 14-68 with the additional columns which we believe has already been done, seconded by Commissioner Bannock KENAI PLANNING & ZONING COMMISSION •~ March 28, 1990 Page 4 VOTE: Motion passed unanimously by roll call vote. 7. NEW BUSINESS a. Lease Review: Lot 2, Gusty S/D - Addition to Building - Wagoner There was no representative present. PSS reported that this addition would be very similar to the existing building and would be painted the same color. The Building Official has indicated that according to City policy, because it is City leased lands, the addition needs to be reviewed and approved by the Planning Commission and sent on for information to the Council. MOTION: Commissioner Bannock moved for approval of the lease amendment for the addition to the existing building for Mr. Wagoner, seconded by Commissioner Graveley. VOTE: Commissioner Graveley questioned setbacks for the building, however it is a commercial zone and will have to meet the building code. Chairman Bryson noted the setback from the primary highway and assumed it was already met. Motion passed unanimously by roll call vote 8. PLANNING a. Reassign Teams for Comprehensive Plan Team #1 for III A, B, G & IV A, and C: Art M. and Saylor Team #2 for III C, D, & H and IV B: Duane & Carl Team #3 for III E, F, & I and IV D: Art G. & Phil -Team #4 for Special Team, Kenai River and Land Use: Art G. & Tim The next work session with the various departments will be Thursday, April 12th at 7:00 P.M. b. Review of Borough Comprehensive Plan Commissioner Graveley has suggested some verbiage to be added to the Borough plan regarding the impact of some DEC regulations on small communities. While the Borough has agreed to the suggested verbiage and plans on adding it to the document, they would like the Commission to formally adopt it. The verbiage to be added is: "providing such DEC procedures are not detrimental to the welfare and are in the best interest of the communities involved. MOTION: Commissioner Glick moved to recommend that the Kenai Planning & Zoning Commission is in support of the inclusion of the statement into the Borough Comprehensive Plan, seconded by Commissioner Harbaugh KE~1AI PLANNING & ZONING COMMISSION March 28, 1990 Page 5 VOTE: Motion passed unanimously Commissioner Graveley: The purpose for this verbiage is that the DEC will respond with some discretion to the smaller communities. For example, Seldovia, Port Graham and some of the smaller communities around, if DEC does not use discretion they could go in there and tell them they must put in a certain type of system, well it may be in DEC's best interest, but it may not be the community's best interest if they can't afford a big fancy system. This may give them a little leverage in saying they can stay within the bounds with a smaller affordable system. 9. REPORTS a. City Council Councilman Smalley reported that he was not at the last Council meeting, however, Chairman Bryson was at the work session on the landfill. Councilman Smalley: I had spoken with the City Attorney last night and basically, at this point in time, his assistant is looking into several different concerns with regard to the rezoning, issuing a conditional use permit, however, there is a problem with issuing a conditional use permit on property that is not (rest is lost due to tape change). There will be more discussion by our Council. ~_- Chairman Bryson: As a result of that work session and comments by Councilman Walker, I think there's a lot of merit but also a lot of ramifications. Councilman Smalley: I think there's going to be a report to us at the next meeting from Mr. Graves. Chairman Bryson: I think one of the things Councilman Walker brought up was if you go through a rezoning the City loses a lot of control of the use of the property if its zoned commercial or industrial. The City Clerk has tendered her resignation. She is one of the individuals participating in the retirements system. The other six who qualify must notify the City of their intent by Friday. b. Borough Planning Chairman Bryson reported that there was no meeting to report. c. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. City Council Agenda - March 21, 1990 b. Borough Planning Agenda - Not Available c. Memo from Chairman Bryson to City Attorney's Office f KENAI PLANNING & ZONING COMMISSION March 28, 1990 Page 6 12. COMMISSION COMMENTS & QUESTIONS None 1S. ADJOURNMENT There being no further business, the meeting was adjourned. f~ „ Janet A. Surrey, Planning Specialist Transcribing Secretary