Loading...
HomeMy WebLinkAbout1995-08-23 P&Z MinutesCITY OF KENAI PLANNING AND ZONING COMMISSION AGENDA } Council Chambers, 2i 0 Fidalgv, Kenai, AK August 23, 1995, 7:00 p.m. Chairman Kevin Walker 1. Roll Call 2. Approval of Agenda 3. Approval of Minutes August 9, 1985 4. Persons Present Scheduled to be Heard 5. Planning a. Plat and Utility Easement Vacation Thompson Park O'Neil Add. -Reso. 95-44 b. Subdivision Plat Approval -Reso. 95-42 c. ~andscapinglSite Plan Review -Reso. 95-43 d. TSH Review - Vozar fi. Public Hearings (3 minutes) } a. Variance - Jelacic Reso. 95-41 7. New Business 8. Old Business 9. Code Enforcement Items 10. Re orts a. City Council b. Borough Planning c. Administration 11. Persons Present Not Scheduled 12. Information Items a. Historic District Board -Future Informational Sign Design (Shk'ituk} 13. Commission Comments & Questions 14. Adjournment '~. PLANNING AND ZONING COMMISSION MINUTES August 23, 1995 Chairman Kevin Walker 1. ROLL CALL Members present: Glick, Bryson, Werner-Quade, Mahurin, Goecke, Walker Members absent: Toppa Also present: Councilman Smalley, .lack La Shot, City Engineer and Kathy Woodford, P.W. Admin. Assistant 2. APPROVAL OF AGENDA Chairman Walker noted the hand-outs for Item 6-a, and asked that they be added to the agenda. MOTION CARL GLICK MOVED FOR APPROVAL OF THE AGENDA WITH THE ADDITIONS TO 6-a AND ASKED FOR UNANIMOUS CONSENT. RON GOECKE SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES -August 9, 1995 .~ MOTION CARL GLICK MOVED FOR APPROVAL OF THE AUGUST 9, 1995 MINUTES AND ASKED FOR UNANIMOUS CONSENT. RON GOECKE SECONDED. PASSED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD None 5. PLANNING a. Plat and Utility Easement Vacation -Thompson Park Subdivision O'Neil Addition -Resolution PZ 95-44 MOTION RON GOECKE MOVED FOR APPROVAL OF RESOLUTION PZ 95-44, PLAT AND UTILITY EASEMENT VACATION, THOMPSON PARK O'NEIL ADDITION. CARL GLICK SECONDED. Kenai Planning and Zoning Commission Minutes -August 23, 1995 Page 2 Walker asked for additional staff comments. La Shot stated he had no additional comments. Walker asked for audience comments. Clarence Ladd stated he has spoke with the Mayor and Council regarding some property in the TSH zone, Vozar's property. He said Vozar claims to own a piece of property that is actually in his name. Walker interrupted Mr. Ladd and asked if he was referring to the T.Park O'Neil Addition Plat and Utility Easement Vacation. Mr. Ladd said he had heard there is going to be a rezone in TSH and he is not in favor of it. He then apologized for speaking out of turn and sat down. There being no further discussion on Resolution PZ 95-44 Walker asked for the vote. VOTE: Glick Yes Goecke Yes Bryson Yes Walker Yes Werner-Quads Yes Toppa Absent Mahurin Yes `} MOTION PASSED. b. Subdivision Plat Approval -Resolution PZ 95-42 MOTION CARL GLICK MOVED FOR APPROVAL OF RESOLUTION PZ 9~-42. THERESA WERNER-QUADE SECONDED THE MOTION, La Shot said prior to the gol# course being built, the land to the south was privately owned, and still is. After the golf course was developed, the owners to the south felt their access was denied by the city. La Shot said it went through the courts and was resolved. La Shot stated the plat before the Commission now is the solution proposed by the present property owner, after meeting with the golf course lessee, as to the best physical access to the property. La Shot said he recommends approval contingent upon two items. (1) An installation agreement to construct the road from Lawton south to the property, and Lawton from the end of the existing to Swires; and (2} approval of City Councii for signature. KPB 20.15.155 requires that all parties having interest sign the plat. Bryson stated he would have to abstain from voting on this item as he was involved with Kenai Planning and Zoning Commission Minutes -August 23, 1995 } Page 3 the city in the past court proceedings on this project. Goecke asked La Shot if it is policy for the owner of the property to fill out Lawton to the access road. La Shat said normal policy is to expect a developer to extend what would be a city maintained street to the portion that he would like to construct. He added that Lawton has a good base, the only thing remaining to be brought in is gravel. Goecke asked if it is La Shot`s belief the base to that point (Swires south) would only need a gravel covering. La Shot said yes, and some drainage work. He added the city did full excavation of the bad material during the Sewer Interceptor/Thompson Park project. Goecke asked what the distance from the end to where the street in question would take o#f. La Shot guessed 500' - 1000'. Bryson said the distance would be roughly 300', one manhole reach. AMENDED MOTION KAREN MAHURIN MOVED TO AMEND THE MOTION TO STATE APPROVAL BE CONTINGENT UPON THE TWO RECOMMENDATIONS BY CITY STAFF. THERESA WERNER-QUADE SECONDED. VOTE -AMENDED MOTION: Werner-Quade Yes Walker Yes Mahurin Yes Bryson Abstain Goecke Yes Toppa Absent Glick Yes AMENDED MOTION PASSED. VOTE -ORIGINAL MOTION Mahurin Yes Walker Yes Goecke Yes Bryson Abstain Glick Yes Toppa Absent Werner-Quade Yes MOTION PASSED. Kenai Planning and Zoning Commission Minutes -August 23, 1995 Page ~ c. Landscaping/Site Plan Review -Resolution PZ 95-43 MOTION RON GOECKE RECOMMENDED APPROVAL OF RESOLUTION PZ 95-43, LANDSCAPING~SITE PLAN REVIEW, LOT 3, BLOCK 2, THOMPSON PARK. CARL GLICK SECONDED. La Shat said the property is Commercial and requires a LandscapinglSite Plan Review before issuance of a building permit. He added the owner is the same as on item 5-a. Walker stated there is minimal description as to what kind of landscaping is going to be done. La Shot said at the bottom of the application the owner indicates natural vegetation and grass. He added that he doesn't believe the owner plans anything too extensive. Mahurin stated her concern about cutting dawn all of the trees on the property. She said in the future she would like to see a mare detailed description of what is going to be done. VOTE: Goecke Yes Mahurin Yes Glick Yes Walker No Bryson Yes Toppa Absent Werner~Quade Yes MOTION PASSED. d. Townsite Historic Review - Vozar MOTION PHIL BRYSON MOVED FOR APPROVAL OF THE PROPOSED DEVELOPMENT ON LOT 2, TOYON SUBDIVISION. RON GOECKE SECONDED. La Shot said this item was approved by the Townsite Historic Board on August 22, 1995. He said the permit is to finish the upper level of the building, making it one single family unit and four rental rooms. La Shot added the exterior appearance would not be changed. Kenai Planning and Zoning Commission Minutes -August 23, 1995 Page 5 VOTE: Glick Yes Goecke Yes Bryson Yes Walker Yes Werner-Quade Yes Toppa Absent Mahurin Yes MOTION PASSED. 6. PUBLIC HEARINGS a. Variance - Jelacic Resolution PZ 95-41 Walker said this is a request for variance permit for a second principal structure located at Lot 5, Block 3, Thompson Park Subdivision, Addition 1. MOTION THERESA WERNER-QUADS MOVED FOR APPROVAL OF RESOLUTION PZ 95-41. RON GOECKE SECONDED. La Shot said this lot is in a Rural Residential zone and is served by water and sewer. He said the applicant is asking to build a triplex on the same lot where a duplex now exists. The Code states the lot size is to be 20,000 sq. ft. minimum) for each structure. La Shot said this area recently went through a rezone request to Suburban Residential, which failed. He added the comments from citizens in the area stated concerns regarding small lots, and having multi-family units in the area. Public Comment Stephen DeHart, stated he believes he lives next door to the lot in question. He said the map he received shows the lot on the corner of Spruce and Iowa. DeHart asked if it was actually Spruce or is it Primrose. It was clarified that the lot in question is on the corner of Iowa and Wildrose. DeHart said, with that clarification, he does have concerns regarding the request for variance. He stated by having that many apartments located so close together it may down-grade the quality of the neighborhood and the property value in the area. DeHart said there are already duplex's on all four corners of the black. He said the !at in question is not kept up as it is. Rick Needs, builder, stated he is representing the owner of the property. Needs stated he sees a large Ivt there with two families that each have their own yard which they care J Kenai Planning and Zoning Commission Minutes -August 23, 1995 Page 6 for. The owner would like to sell one building and move into one unit of the triplex. Needs stated by having the property owner there the quality of the neighborhood would not go down since she would be there to help maintain it. He added this is not a low income housing project, it will be a nice building with a landscaped yard and right now the lot is natural vegetation and not landscaped at all. Gus Rodes asked if the item in question is a variance or a rezone request. Walker said it is a request for variance. Rodes asked if a variance could be granted in this case. Walker said yes it is possible and it is at this time, under consideration. DeHart returned to the podium. He said he is not concerned with the natural vegetation on the back part of the lot, he is concerned with the yard around the duplex. DeHart said it is not kept up very well at all. He stated he has spoken with other neighbors in the area (all of which said they would be here tonight, but are not) and they share his concerns regarding this variance being allowed. } Mahurin asked why the application is not signed by the applicant. Woodford explained that Ms. Jelacic had come into city hall and signed the incorrect application. She then left town. Administration contacted Ms. Jelacic to notify her she had signed the wrong application and she requested we fill out the correct application, allowing her to sign it when she returned. Administration decided to allow it on the condition Jelacic sign the correct application when she returned to town. Mahurin said she is not comfortable acting on something that does not have a signature. She understands staff's trying to help but is concerned with it coming back to haunt the Commission. Mahurin added her concerns regarding public comment that has been made. Walker asked if Mahurin wished to postpone action pending an appropriate signature. Mahurin said no, she will just vote no. Bryson said a rezone of the area was proposed several months ago that would have been appropriate for this kind of development. He stated it was not received we11, in fact had virtually no support. Bryson said he understands a variance request is being discussed here, however there is a high likelihood there will be an attempt to replat the lot in the future into several lots. Bryson referred to the Land Use Plan, showing the area being Low Density Residential. He mentioned discussion at the previous meeting Kenai Planning and Zoning Commission Minutes -August 23, 1995 Page 7 concerning the use of Figure 4 in the Comprehensive Plan. Bryson read from Land Use Paragraph 1: The land use plan for Kenai shown in figures 4 and 5 is designed to respond to development trends, natural site characteristics and the communities attitude about future growth. It assigns all land areas in the city limits to one of seven land use categories based on existing and emerging patterns of development... Bryson said this plan, entitled Land Use, is presumably a future envisioning of the way the development should go, not the existing zoning or use, but future. He stated he does not feel this area is depicted to go into the mediumlhigher density residential use at this time. Bryson added if it is, then it is also time to modify the Land Use Plan. Walker stated his disagreement with Bryson's interpretation of Figure 4 in the Land Use Plan. He said the comments brought to the Commission during the proposed rezoning did preclude this Commission with the zoning of smaller lot sizes and feels that at this time he would have to vote no as well. VOTE: Bryson No Glick No Werner-Quade No Walker No Mahurin No Toppa Absent Goecke No MOTION FAILED. 7. NEW BUSINESS None S. OLD BUSINESS None 9. CODE ENFORCEMENT ITEMS None 10. REPORTS a. City Council Kenai Planning and Zoning Commission Minutes -August 23, 1995 Page 8 Hal Smalley said Jerry Best, and several others, spoke to the Council regarding equipping the new senior van with wheel chair access. Council said the needs of the community are being met by the other van that does have wheel chair access. It was suggested by Council tha# Ms. Best address the Borough for transportation needs for individuals that have handicaps. Smalley said the Vozar's spoke to the Council about purchasing same private property on the bluff in Old Town with either the city and/or the owners participating with the idea that the property would be turned over to the city for a park. Smalley stated that Mr. Hakkinen has said his lot is far sale. Smalley said the Council took no action an this item, that Mr. Hakkinen and the Vozars are working out something between themselves and the Council will go from there. Smalley said there will be two bond issues on the October ballot. The first one is the ice skating/recreational facility. He said the cost is 2.5 million with a .73 mii rate increase, should it pass. Smalley said the facility would be covered & enclosed, Olympic size, and located east of the high school. He said this land was originally held in public health trust, the Borough would receive deed to it and they have gone an record stating they would turn the property aver to the city should this project be passed. Smalley stated the second bond issue is an expansion to the library. The Library Commission gave the City Council proposal for a two story addition at approximately 3 million. The Council discussed going to a one story expansion (cutting the cost in half) with the ability to go two story eventually. Smalley said that is not what the Library Commission wanted so the Council went with the Library's request. Council included maintenance costs in both band requests. Mahurin asked why the rink is Olympic size rather than standard. Smalley said the difference in cost between the two sizes is relatively small. He added this facility would be a year round, multi-use facility and would raise the mil rate approximately .84. Walker asked Smalley "why or how" the City Council supported a school tax. Smalley said the Council had previously discussed the general economic condition of the s#ate and the City of Kenai receiving very little funds this year. He said the economic forecast is not good and the biggest expense in the state budget is set for education and health, safe#y, welfare issues. Smalley explained that years ago everyone who worked and received a paycheck paid a portion of money that went to state school tax which went directly into the school monies the legislature dealt with. The city feels the state needs to look into different methods of generating revenue for the state budget. The school tax is one the city does not feel is a bad idea. Smalley said it passed by all but one vote. l Smalley said the idea of supporting dedicated fuel tax is a way to help the state generate 1 Kenai Planning and Zoning Commission Minutes -August 23, 1995 Page 9 maintenance funds. He stated it was tabled because the way the resolution is worded it could dedicate money to fuel for the state ferrys because they are a state transportation system. Therefiore, it was tabled until a resolution could be drafted that spoke primarily to road/highway, asphalt type maintenance. Smalley said there was a resolution to support local control on gaming, including all forms. He said right now we can review the gaming permits, but the state controls it. The city would like to see this issue reviewed. Smalley said the Airport Commission asked for the Council's recommendation regarding a continuous video tape running in the Airport for the fishing industry. Smalley stated the Council approved supporting this video and charging them $50/month for three months. He said there is also a request from Fun in the Midnight Sun. They want to use a space at the end of the car rental agencies to set up reservations for people, etc. Smalley stated they also wanted the space for only three months. Council sent it back to the Airport Commission to see if they would object to paying for the whole year rather #han only three months. Smalley noted the application received for matching grants. The Council told } Administration to apply for additional money for the well, and the proposed expansion in the Sewer Treatment Plant. Smalley said there has been a request to review the regulation governing parking at the front of the airport. He said the signs say you have twenty minutes to park there, but the regulation states if you abandon your vehicle and go inside the terminal, technically, you are in violation. The City Manager will be reviewing this issue. Goecke asked why there is a prejudice between the fishing industry tape running 2~4 hours a day and only having to pay for three months and Fun in the Midnight Sun having to pay for 12 months. Smalley said it had not been rejected, it is being sent back for more information because it is a much larger space. b. Borough Planning 6ryson said the August 14 meeting was very fast and all items were approved. He added there was only on item concerning Kenai, the Strawberry Park Plat. c. Administration La Shot said the Townsite Historic Board met an August 22 and approved of the Vozar development. The Committee also met with Preservation North who is doing the historic Kenai Planning and Zoning Commission Minutes -August 23, 1995 Page 10 survey in Old Town. La Shot said Administration met with Preservation North today to give them information to help get them started. La Shot said the Board voted to ask Council for permission to apply for a Phase II grant far the same type of grant being used for the survey. This grant would be for up to $6,000 to place signage in Old Town at appropriate sites. La Shat said Administration has gone through the interview process for an Admin. Assistant and should have someone here by the next meeting. 11. PERSONS PRESENT NOT SCHEDULED Gus Rodes referenced the two band issues Smalley had discussed. He asked why the Planning and Zoning Commission has not done any planning on either of the two projects. Bodes stated he thought the Planning and Zoning Commission had to review all bond issues before they go to the City Council. Smalley said he does not think Rodes is correct. Rodes said he heard the most information, so far, about the ice rink tonight from Mr. Smalley. Smalley said these issues had been discussed at the last two Council meetings and the agendas were published in the Clarion. Smalley added he thinks the Clarion will be doing an article on these two items. Rodes said he thought the Planning Commission would have had hearings on it. Smalley replied that the Planning Commission would become involved when, and if, the projects came to fruition and pass. He added the Planning and Zoning Commission does not have to give its approval far bond issues. Rodes said he has not seen any justification or dollar amounts for these two issues. Smalley told him the information is in City Hall. Walker told Mr. Rodes, briefly, the Planning and Zoning Commission has not reviewed these issues and will not until the City Council requests it. 12. INFORMATION ITEMS a. Historic Board Puture Information Sign Walker noted the elk in the first panel needs to be made to look like a moose. 13. COMMISSION COMMENTS AND QUESTIONS Werner-Quade asked La Shat about the travel trailers parked at fraternal organizations. La Shot suggested making it a winter project to decide what to do about this kind of RV parking. Werner-Quade commented that she reports this type of parking every summer and it never changes. La Shot said unless the RV's are skirted the city doesn't approach them. Werner-Quade referred to the thirty day rule, stating she would like to see it i' Kenai Planning and Zoning Commission Minutes -August 23, 1995 Page 11 enforced. La Shot asked for direction from the Commission -should he send letters to the organizations? Mahurin stated her concerns about sending a letter to the organizations. She stated that being able to park RV's is something that comes with being a member of a fraternal organization. She added as a member of one herself, she is aware of what the visitors from outside bring to the city. La Shot offered to send a letter informing the organization of the Code (move it after 30 days) and ask them to adhere to it. Mahurin concurred. Smalley added the visitors are not taking money from the community, they are adding to it. Werner-Quade reiterated her feelings that they are camping in the lots for an extended period of time with no conditional use permit. She said it is not fair to the people in the community that have applied and paid for a permit and are within the limits of the law. Goecke stated the city purchased a fire tanker for the Fire Department because the old one was unsafe. He said now the old one is being used and he feels it should be gotten rid of if it is unsafe. La Shot asked if Goecke is requesting a memo to the City Manager be sen# for explanation. Smalley said he had asked the same question to the Fire Chief and he was told they wouldn't use it with the tank an it. Goecke said it has the tank an it. Smalley said a memo to the City Manager would be appropriate. Mahurin said she agrees with Goecke, if something is sold on one premise and in fact something else is happening an explanation is appropriate. Mahurin commented on the subject of RV's at fraternal organizations -she agrees we shouldn't blatantly allow the codes to be violated and a fetter to the organization s would help. She added she does view it different than parking in the lot at K-Mart and she supports fraternal organizations for the things they do far the community. Mahurin encouraged Smalley to support buying the property on the bluff from Hakkinen, stating it would make a beautiful public facility. She also supports the Historic Board's request to apply for a grant for the informational signs. Walker commented on the thirty day camping limit -stating this Commission decided thirty days would be plenty of time to stay in one spot and after thirty days move the RV to another spot in town, they do not have to leave. Walker stated he thinks the Code should be enforced, after thirty days, move the RV. He said K-Mart is commercial property and they pay a considerable amount for the laying down of the parking lot and if they choose to allow people to park overnight, it is their business. Walker added it does bring in Kenai Planning and Zoning Commission Minutes -August 23, 1995 Page 12 money to the city and he does support allowing the campers to park there overnight. 14. ADJOURNMENT Chairman Walker adjourned the meeting at approximately 8:45. Respectfully submitted by Kathy Wo dford, P.W. d in. Assistant