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HomeMy WebLinkAbout1993-05-26 P&Z Minutes~~~ !~ KENAI PLANNIIJG & ZONING COMNII.SSION MAY 26, 1993 - 7:00 P.M. CITY HALL COUNCIL CHAMBERS 1. ROLL CALL: Commissioners present: Absent: Also present: 2. APPROVAL OF AGENDA: MOTION: Duane Bannock, Kevin Walker, Ron Goecke, Lori McComsey, Phil Bryson Cazl Glick (excused) (1 vacancy) Jack La Shot, City Engineer, and Kathy Viall Administrative Assistant Goecke MOVID approval of Agenda. Walker SECONDID. PASSID BY UNANIMOUS CONSENT. 3. APPROVAL OF MINLt'I'FS: -May 12, 1993 MOTION: Walker MOVID approval of minutes as presented. Bannock SECONDID. PASSID BY UNANIIbIOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. PUBLIC HEARINGS: a. Resolution PZ 93-17: Kcherita Katering Bryson This is a continuation of a public hearing that was initiated at the last regularly scheduled meeting. At this point I would open that public hearing up for public comment. If you testified at the last meeting that testimony is part of this record, if you have additional things to say you are welcome to add these comments. **PUBLIC HEARING -VERBATIM** Myrna Davidson, I believe my husband testified at the last meeting. We were the original subdividers, um, we also built the house that the proposed catering service is going to be at and as he told you before, the house is not a very large house and it's not really adequate for, um, an inn, well or dining facility. Also, along the back of it, I don't know if anyone said anything ;. KENAl PLANNING & ZONING COMMISSION MAY 26, 1993 -MINUTES PAGE 2 or not, or you'll notice in your packet where they have indicated there is a second access from the Spur Highway onto this property. I need to let you know that access is not a legal access off the highway and, um, if you'll go back to the original records when we subdivided it states in there that there shall be no access onto the property that borders the highway other than the approved roads in the subdivision and that is not an approved road. That was originally. put in there years ago before it was ever subdivided when my husband, uh, granted aright-of--way to the adjoining property owner and that right-of--way was vacated when we subdivided so you need to know that is not a viable option. Uh, the traffic that we get down through that road, we live at the end of that road, and we get a lot of traffic down that road in .the summer time from people looking for the river, even though it says not a through road there. Um, I don't think that this would be real compatible with the area around there, one thing we've got strict covenants on the subdivision and that's the very reason we put them on there to begin with because we did not want this area to erode into a business area. We wanted it strictly for single- family dwellings and, you know, that's what we'd like to keep it as and let you know that we strongly object to any other use of that property. .._. Bryson does anyone have any questions for Ms. Davidson. Is there anyone else that would like to speak on this item? Sherman Jones I live at 520 Robin Drive, I live on the adjacent property, right next to it, lots 14 and 15. Uh, uh, on this access road there they're talking about, that access road is actually on another mans property it shouldn't even be on this map. The state gives very-clear where it's at back on my property and uh, also the, where they plan on putting the uh, parking lot in the front where it's over the water well that infringes over my property there also. And uh, I went over and talked to Bob at the Dept. of Environmental Conservation and there has not been anyone there to ask about any DEC approve or have filed a contingency plan and without that they can't even open it, it has to be approved before they can even ask for a permit from the commission. Uh, and it says the operator Section 18 AAC 31.210 "The operator of an establishment shall dispose of sewage and liquid waste into a public sewer or a sewage disposal system built and operated in accordance with 18 AAC 72," which is commercial. Uh, that is not in this book or I would read it, to you, but uh, before anyone can, I would think ask for a permit they would have to make sure that it could be approved by DEC. You have to have approved plans and specifications and that you are not allowed to do anything without those, (inaudible) approval from the regional supervisor or the designed, which would inspect it. I ask that this commission turn it down on that basic fact alone. Uh, and also, that you don't break the covenants of our subdivision, maybe think about how you would feel if someone wanted to start something like that in your subdivision, or by your residence. Also the very next day after the May 12th meeting, I was working out in the shop and there was a little l li4 year old girl walldng up the street. all by herself headed for the highway, it could happen again, but I picked her up and took her home, her mother happened to be asleep so I' m j ust glad I' m there, that kind of thing does happen in our neighborhood, not KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 -MINUTES PAGE 3 very often but it could possibly happen again. We certainly wouldn't want that kind of traffic coming in there and as I spoke last time they will be serving alcohol and they will be impaired. That's another reason I ask the commission not to pass this. That's all. Bryson Any questions? Thank you.. Is there .anyone else that would like to testify on this resolution? Tom Rhyner I live at 505 Robin Drive. Because we do have covenants, I think it would be real important anyway for you, if you're seriously considering granting this to check with the City Attorney at least and see what the City's responsibility is to abide by covenants that subdivisions have inside the city. The fact that Jim and Myrna both came and told you the reasons the covenants were put in was to make sure that businesses didn't move into the neighborhood and I'm sure that's the intent of single family dwellings only, doesn't mean a house that you run a business out of, it means a house that you live in, period. And, uh, since that's the intent and they told you the intent, I think it would be real important at least to make sure that the City Attorney would feel that, if you were to grant this, that it wouldn't be placing the city in a (inaudible) position. That's all I have. Bryson Thank you, is there anyone else that would like to speak. Hearing and seeing none we will come back to the commission for action. Wishes of the commission. *'`END VERBATIM** Goecke I would like to ask Jack if there has been anything more that he has heard? La Shot No. Bryson If there's a motion to be made I think it might be (inaudible). MOTION: Bannock MOVED of Resolution PZ 93-18. Walker SECONDID. Bryson Discussion on motion. Bannock Mr. Chairman this past week I have been going over some of this and my thoughts on this particular issue are, it really looks to me that in this weeks packet we don't have as much information as we did last week, but it really looks to me like there is two separate requests here. With permission of the commission, I would like to address both of those requests individually. Request no. 1 being the catering, request no. 2 being the reservation only fine dining. Perhaps I would like to make a motion that we could address those each as separate issues. F=' KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 -MINUTES PAGE 4 Bryson If you wish to address those separately I would, you want to segregate the issues. Walker I would like to offer an amendment to the motion that we have before us on the table I think we can probably do that, rather than split the question. I don't think we can split the questions legally. At this time the amendment, I would like to offer would be to delete the fine dining portion of the business as requested on the permit, that would leave only the catering portion on this permit. Goecl~e Second. Bryson Discussion on the amendment. My comments are there's been a request specific for catering and fine dining, as far as the conditional use permit I don't know that we have leeway where we can delete one from consideration. Might (inaudible) one of them, but as far as delete from the application I don't think so. If we had someone to rule on that I would feel more comfortable, but that's my opinion. Walker I fully realize that they may very well desire only the permit as stated and if they were represented here they could answer that specific question, I do not see a representative here so I chose to enter that. We can vote it up or vote it down, I don't think it would be appropriate to split the question in one way or another so we can vote this up or down as this group chooses. If they decide that they don't want that type of permit that would be certainly their option. Bryson Further discussion. Vote on the amendment. AMII~IDID MOTION AND VOTE: Walker moved to not split the motion, Goecke seconded. Vote: Bannock -yes, Bryson - no, Goecke - no, McComsey - no, Walker - no. Bryson Motion fails due to lack of quorum. We have the main motion before us right now, at this point represented by the original Resolution. I guess addressing the general concerns expressed during testimony, I guess I am quite uncomfortable approving a use that flies in the face of the intent of covenants, even though they're not highly specific on what uses, they do somewhat infer that business issues are not one of the things they intended there. I don't necessarily feel that the DEC situation is an issue because I think that is something before they operate they will have to conform to the permits for a class c well and a sewage system capable of serving the area and I believe they would have to get a waiver from the conditions to fit on the lot any way. They have their chores set out for them. At this point I stand opposed. Bannock I feel in a box about this because, as a conditional use permit perhaps we can get out of it. I don't have a problem with the catering part of it for a couple different reasons. Like you I'll not really weigh the DEC because that's a problem between the applicant and the state, it's KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 -MINUTES PAGE 5 not something the City of Kenai is really involved with. In regards to the question of covenants, I did specifically ask that question last week and to see if the City of Kenai has a responsibility to uphold covenants. As reflected in the minutes, the city does not. I do think however, the code can cover for that where it says "such uses must be in harmony with the intent of the zone." I find it, I think that the catering portion could fit in there, not that much more different than the previous business that was going on in there. I know that there is a covenant here that says there will be no commercial business going on here, but a commercial business is a commercial business and there was a commercial business operating out of this particular spot before. I don't see that the catering business, I wish Mr. Morrison were here so I could be a little more specific on it, my views of the catering and my idea of what would go on in the catering portion of it would be that the food would be assembled, packed, and arranged then can ied to someones party. That is what I see as the catering business. Not people coming to the house to eat, not people coming to the house for dining, but rather the trays and that effect. So, as a conditional use permit, I really think that we have the ability to offer that to the Morrison's I'm just not sure of the right language to put it into a positive and if we have to vote on exactly what is requested or not. If we have to-vote on the whole thing or nothing then I'll have a no vote. I'd like to figure out a way that we could get the catering part in there because I would be willing to offer a positive vote on that. Bryson Other discussion? I personally don't feel a separation of the issue is the problem, Kevin thinks it is and I stand corrected if I am wrong. As long as both issues are at rest per the original application, I would think it would be reasonable to, if it was interpreted as a motion made originally then there was no seconds. Bannock Would then a motion be appropriate that said something like approving the catering business and denying the fine dining business? Bryson I would say that flies in the intent of the original motion. An amendment cannot change the intent of the original motion. If they were taken as separate issues for approval I would think that they would be concurring. Goecke Mr. Chairman, would it be appropriate to make a motion addressing only recommending approval of catering, and then making a motion for, that's kind of what we just talked about. I'm trying to figure a way to.... Bryson We have a motion before us to approve the resolution the way it was written. It needs to be, is they need to be split apart so they can be voted on separately, if that's the intent of the commission. Goecke In other words, what we need to do now is to remove from the floor the original motion and second? KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 -MINUTES PAGE 6 Bryson No, all you have to do is request a segregation of the question. MOTION AND VOTE: Goecke made a MOTION to move to have a separation of these two items. Bannock Second. Bryson Discussion on approval of the catering. Walker I call for a question on that one. Bryson Any further discussion. Vote: Bannock -yes, Bryson - no, Goecke -yes, McComsey -no, Walker -yes. Bryson Motion fails due to lack of quorum. MOTION AND VOTE: Bryson The second issue is the fine dining proposal. Discussion... No discussion, call for vote. Vote: Bannock - no, Bryson - no, Goecke - no, McComsey -no, Walker - no. Bryson The second half of the motion failed. For the information of the applicant, they have I believe 30 days to appeal this decision. If the applicant wishes to appeal this decision they can contact the City Administration to find out the appropriate procedure. Chairman Bryson requested a five minute recess. b. Resolution PZ 93-20: Evergreen Re-Zone Bryson Staff report please. La Shot I mentioned to you at the last meeting that the City is in the beginning stages of possibly doing a project in the area north of the Spur Highway and west of Forest Drive. It's proposed that this project pave all the gravel streets in that area. The project was initiated by residents in that area by a petition to form an assessment district whereby the adjoining property owners would pay 25 % and the city would pay 75 % of the improvements. In the process of the _:: administration looking at the possibilities of this project we decided to consider subdividing some KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 -MINUTES PAGE 7 city lands bordering Evergreen Street. At this time we have water and sewer lines in that street, it would be a simple matter to stub out service lines to potential lots before the paving takes place. Also by selling the lots the city would be able to recoup some of the 75 % that the general fund would be paying for on this project. In order to do this we have to rezone from the present rural residential zone to a suburban residential zone. All of this may be moot, depending on what council decides to do with the project. The portion that's RR now is bounded by the Spur, Evergreen and Redoubt, with exception of one square there. Normally it's been fairly routine to rezone a RR to RS when water and sewer is present. The minimum lot size then can go down because you don't have to accommodate water and sewer systems. The adjacent zone is also RS. Any questions? Bryson Any questions at this time? At this point I would like to open this resolution to the public for comment, is there anyone that would like to speak? **PUBLIC HEARING - VERBATIIbi** Nancy Gourley I live at 1802 4th Avenue which is evidently further than 300' away because I didn't get notice of this. I am, realizing the reasoning behind the rezoning, in order, because the city does own that piece of property there, they want to go ahead and put in the stubs before the pavement`s laid down in order to save costs later so they don't have to tear the pavement up and redo it. I can understand that with the exception that the pavement we're talking about is strip paving. We're not talking about any sidewalks, gutters, nothing like this. I don't imagine it's going to be too long a period of time before, well actually, hopefully, it would go through and be done properly the first time. But, to rezone this, I'm majorly opposed to rezoning, I'll fight it tooth and nail all the way, I don't want it rezoned just so the city can recoup their cost. I think they can probably do that eventually when they sell the property. Uh, the value of that piece of property there is not going to down um, even if it remains vacant. I think that property will continue to grow, the value. Now what's going to happen to our area in the event that it is rezoned? There's a possibility of six-plexes going in there. (inaudible) six-plexes. I, no, is my answer. Primarily because already we have an enormous amount of traffic on the road. We have a nice subdivision back in that area now, most of the people in the area take pride and ownership in their properties and I think that if you begin putting six-plexes in there, unless you have an opportunity to buy and take some pride in ownership, um, I think the value of my property is going to go down due to the enormous amount of people that would be there, the traffic, I think it's going to take away from my home and area. The only thing that I would, be suitable is, to have that remain single family residential up to duplex, if indeed you are going to even consider changing that to suburban, I think it ought to be done with some type of stipulation that these lot lines do not change, that they remain the same in order to be able to effectively (prevent) six-plexes from going up because I do object to having that rezoned. RS would have the opportunity, a builder would have to put in six-plexes. Bryson Are there any questions for Ms. Gourley? Is there anyone else that would like to KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 -MINUTES PAGE 8 there, they already have a project in mind for that area to rezone it. Uh, he stipulated that by June 2, or so, at the meeting there they would, whatever the council's answer would be would give them the go ahead. I would like to know what that project is, as to what buildings they are going to put in. La Shot Uh, I am talking about the assessment district project to pave the streets in that area. Murphy So you're saying that right now all you're interested in is putting the stub outs in and probably the streets that are going to be adjacent to Evergreen will (inaudible) is that basically what you're saying? La Shot Yes. Um, Murphy What's the long time purpose of rezoning to RS? La Shot It would allow the city the develop the lots smaller than 40,000 sq. ft. that the zoning presently allows and it would actually rezone it to a comparable zone where the project is now, that is all RS. Murphy Okay, in doing so, keeping the lots smaller I am with the present speaker, Nancy, that uh, it would allow the purchase of that land which would give the revenue back to the city of course but then, um, in the long term, we're looking at the area there, we already have a few duplexes in the area which the biggest is a four-plex in our immediate area there and uh, uh, I think any thing larger is going to start degrading our land in the area getting so many duplexes and such, four-plexes and such in the area and six-plexes in the area I would like to see it stay down to RR area where, then our property value stays up then the city then with larger pieces being sold off makes a better looking community in the long run and we don't get so crowded. That would be my objection to it, to let them get the pieces in smaller chunks and it starts getting packed up and real crowded. Bryson Thank you, are there any questions? Thank you for your testimony. Other persons that would like to testify. Marlena Murphy I live at 1806 and I would like it to be known that I did not receive, get a notification of this meeting or this rezoning at all and I live immediately across the street from this project. Um, I am really concerned about the value of our property going down, we get, uh, low cost housing in there and it can't do anything but go down, we're all concerned about that I can speak for everyone here on that. Um, I just don't approve of the six-plex. If the city could put in a covenants that the uh, they made smaller lots, maybe duplexes in there, that ownership would be pride in owning it and keep the quality of the neighborhood up. We have some pretty nice places in there and as we said before we would like to keep it that way. We've akeady established a nice neighborhood there and if you want to put in a low cost housing KENAI PLANNING & ZONING- COMMISSION MAY 26, 1993 -MINUTES PAGE 9 somewhere put it in where a neighborhood isn't already developed and it would not degrade the value of that neighborhood. Um, um, and if it's the selling of the property to be able to get us a black top road in there, as much as I hate that dust azound there, I would rather keep the dust than have low cost housing in there. And I am really set against dust, not only would, it would just make a less quality neighborhood around there and that cheapens the quality of the city and we have enough of that azound already. That's all that I have to say. Bryson Thank you, any questions? Thank you Ms. Murphy. Other persons that would like to comment. Kimberly Jackinski I live at 1803 4th Avenue. I agree with Mazlena as far as the rezoning goes, I would prefer that it not be rezoned.. If the city finds that they do have to rezone it in order to recoup costs, some of their costs in the paving, I would like to see restriction s ont he land that nothing above a duplex be built, that way our neighborhood can stay the way it is. My fear is that if they don't do that and six-plexes become an option, that Iow income housing will move in. The biggest problems that we have now in that area are from larger four-plexes, um, at the end of Evergreen Street, um, adjacent to 4th, that is all single-family homes that aze built in there. Um, it may be zoned for larger but that's not what was built there and is now established as single family residences and that is what is in there and that's the way we would like to see it stay. Bryson Any questions? Thank you. Other persons that would like to testify please. Dawn Barnett I live at 1804 4th Avenue and I agree with everything that's going on here in the neighborhood we've all gotten pretty close because of this rezoning thing, you decided to do and most of us aze very well established. We've all been in our homes at least ten years, at least, and we all know each other and we all take pride in where we live. But when you're going to start throwing extra things at us, we're not ready fvr this yet. Whether it be black top or not, and I hate gravel also and like I say, I've lived in my house for ten yeazs and I've put up with gravel and I have put up with everybody else getting paving but I would much rather have the gravel than to have six-plexes, four-plexes, dozens of kids that we already have around there, adding up to the traffic that we will be getting in there, um, I am just not happy with it. Thank you. Bryson Just for the record, when you stated that you agree with everything, you agree with the previous testifiers... Barnett I agree with what they're bringing up right now. Bryson Other comments from the public. David Hales I live on 404 Evergreen Street, Kenai, and these are my neighbors here tonight. KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 - MI]VIJTES PAGE 10 I simply feel the same way that they do. We would all like see to see the neighborhood paved and get rid of the dust but when we moved into our house, and they're all single-family dwellings, uh, they were pretty much, all in our area have remained single-family homes with the exception of a few duplexes and a couple of four-plexes. What we're all afraid is going to happen is we're going to see, in the long run ten years down the road, homes for abandoned vehicles right on our main street, another home for junk yard (inaudible), another Larry's .Club type of establishment across on the other side. Low income housing up and down one side of the street, more cars, traffic, itinerant fishing people, we'll watch our property values go down. Some developer can come in and develop this, make his money, and get out of town, subsequently leaving it all in the hands of the City of Kenai, who in the long run will have to take care of it. We're not against building in the area, I'm not at least, it's just that I want to see a nice quality of neighborhood. Everybody wants to live in a nice neighborhood. Everybody wants their property value to increase, so do I. I used to live in Anchorage on Spenard. I don't think we need a Spenard type development there. Unless it's rezoned and there are covenants regulating development to this property to the extent it's kept at single-family dwellings or duplex only, and a builder couldn't come in and buy an entire block of lots, get it resurveyed, (inaudible) lot lines and (inaudible). So if the city wants to (inaudible) otherwise I don't see a problem with a rezone. Bryson Anyone else with comments, last call. Jay Ship From 313 Haller and uh, I would like to concur with the previous testimony, and the only thing I would like to say is if we have to have an expansion and change this zoning the density should be limited to no more than, is it R2 for duplexes? Bryson For suburban residential zoning there's three classes, one of the three is restricted to duplex but that's not the one that's been proposed. Ship So, could you define to us what this zoning is, uh, what they're changing. La Shot Actually the zone that we're proposing is exactly like the zone you're living in. At this time, the entire area there is suburban residential, and that zone does allow up to six-family dwellings if you have a 12,000 sq. ft. lot. We don't feel this rezone would be detrimental to the area or we had no real thoughts of multi-family uses, but, to create lots that were reasonable size for development and actually, we're thinking to be marketed now, what people are asking for are single- or seem to be single-family lots. (Inaudible) unless there were special restrictions at the sale of the property and it was rezoned to RS exactly like the land there in that area. Ship So you're saying in our area right now there could be possibly up to six or eight-plexes put in here? _., La Shot Six. KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 -MINUTES PAGE 11 Ship Again, I concur with my neighbors. Bryson Are there any questions? Is there anyone else that would like to testify? Gourley Can I speak again? Bryson Are there any objections to a second testimony? Ms. Gourley. Gourley What troubles me here is, I heard it said a couple of times, the zoning is what you have. The proposed change is the zoning that you have. That may be the zoning that we have but there are very few lots to develop on. It may be the zoning that we have but there isn't room to be able to do this, um, I just wanted to make that clear to the members here that aren't in the area, don't know the area, that the area is developed, there is very few lots, the lots that are undeveloped aze very tied up, the owners are uninterested in selling and evidently aze holding onto them themselves in order to deal, I would imagine later. So I just want to make it clear that there isn't very much area back there to develop and um, what is there is fairly tied up and will remain tied up. Walker I have a question. Have you by chance, in your last comment you said that that azea is very tied up, very developed, um, I too as you aze well aware, live in that azea and I find many, many, many lots available, lots for sale and for that matter, Larry's Club's there, the Spur Motel, there is eight apartment buildings I can think of right off the top of my heads just going around the various corners in about a four block region. And a lot of four-plexes and duplexes like that, still, like my back- lot, Irene Anderson's property across from me, and a lot of properties there, there's a lot of property to be developed so I understand your desire for the duplex maximum, but I have to take exception as to whether or not there is very much property there to be developed, there is a lot of property there... Gourley In what area do you speak, off of Evergreen or... Walker No, I' m talking about a four block radius. Gourly So you're talking all the way up basically to Forest Drive, so you're talking Eadies and all those back into, towazds Sears. Walker There's a lot of property available all in through there. And it's all in the same zone and it's basically the same neighborhood, uh, and the same kind of, type of atmosphere, basically, small children, young families, things like that, and I definitely don't disagree with you on the amount of development that you're requesting. My one disagreement would be that if, I believe if we're going to have stripping and strip paving put in, then it's time to put in the stub outs now, KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 -MINUTES PAGE 12 Gourley I can see the city doing that but I can't see uh, doing that against the homeowners in the area. And I can see the city wanting to recover the cost of that so they keep it separate. Sell it as a package deal, ok we're going to sell you this but, however you have to pay this assessment we did for the road and you also need to pay for the stubout. Charge them, it's in the city's hands, it is a nice piece of property, I think you should get a fair, a little chunk of change for it and if you really wanted to rezone it and the city really wanted to make some money for it, maybe what they ought to do is rezone it commercial. It'd be a good commercial location. I mean it extends the city just a little farther out. How about sticking in a park, you know for the many children that are already in the area, push the city out just a little bit. Bryson Okay, we're in public hearing and we've probably gotten a little too informal here, uh, are you done with your comments. Bannock From what I seem to be picking out from the conversations here, what I' m looking at when I drove down this street, I found it a little bit odd, personally, that there were two different zones on one side of the street I don't see that the street is that big of a divider (inaudible) but let me ask you a personal question, if those lots were just like your lot, what would you like to see there? Gourley Single-family homes. Bannock In relation to your home, bigger, smaller, taller, deeper, more duplex, triplex, you know, what... Gourley Single-family home. Uh, comparable size, large would be okay. Bannock How about smaller, would smaller be okay? Gourley Smaller would be okay. I don't see a problem with asingle-family home being smaller, on the lot, um, I think what's important here is ownership, pride in ownership. You know, that's what keeps it up. Bannock Do you think it should be a different zone than the zone that you're in, do you live off, what was your address again? Gourley On Haller Street, just off Evergreen. Bannock Okay, so right across the street, should that be a different zone than the zone you're living in? Gourley At this point, yes I think it should be, in order to be able to, um, to be able to have _, the flexibility to keep six-plexes out. Because with the zoning the way it is, am I correct in KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 -MINUTES PAGE 13 assuming that the way the proposed change would allow six possibly eight-plexes to go in there? How large can you go? La Shot Up to six-plex. Bannock And asix-plea would be okay on your side of the street, I mean right now that could happen. Gourley Except (inaudible)..... Bryson I'd like to keep this a public hearing and she has the floor. Gourley There is not in the area that these families are the people that are here to testify, there is not, contrary to what Mr. Walker says, there is not the area in order to put up a six-plex. Now the area that he's talking about is further away from us, we're talking another 2 - 3 blocks and I imagine that if we got wind in the sails that asix-plex was going in down there, that you would see us again in here or somewhere, whoever, in order to be able to stop that because of the amount of duplexes, four-plexes that we have back there now. Behind me on Haller Street we have three duplexes and a tri-plex. We have nine families in an area that if it was divided for residential single-family homes there would be four, so there's an enormous amount of traffic, enormous, with very little regard to traffic signs, condition of the streets is very, usually very poor, in the winter time, you know, if this is what we have to do to get paving, keep the gravel. Bryson Any further questions for Nancy? Thank you. Anyone else that would like to comment? We would like to bring it back from public hearing back to the commission. **END OF VERBATIItit** Walker I have a question for Jack first. Jack is there a provision in our zoning code that would allow us to zone that, and what is that designation. La Shot We could go with an RS-1. Walker And that would limit us to... La Shot Single-family, duplex. It's similar to the zone across from the high school. Walker I have property there and they're very happy with that zone. La Shot Except an RS-1 would allow us to go down to 12,500 sq. ft. lots that we're thinking, that would make a decent size lot. N- KENAI PLANI~TING & ZONING COMMISSION MAY 26, 1993 -MINUTES PAGE 14 Bryson The intent of that RS zone originally was to overlay districts like Woodland if they ever wanted to protect themselves other than with covenants. Walker I haven't heard anybody tonight really speak against the zoning change, they don't want multiple family housing, I don't blame them, that area will get crowded. I have talked with a number of these people prior to this meeting and I haven't heard of anybody other than, if we could get the speed of the traffic in that area under control that would help too, but that's another matter entirely. I don't think that anybody here is against developing that strip that we're addressing tonight, as long as it's developed more in keeping with the RS-1 rather than the six- plex thing. I just wanted to point out that there's a lot of multiple housing there and there's problems with it. I think the whole neighborhood wants the closer zone. Personally I am in favor of that. Bryson I' m not sure what leeway we have because it's been advertised as a zoning to RS whether we could reasonably modify this to RS-1. I suppose we could try it and see what happens. Bannock Jack, from the city's position in wanting it to be RS, what would that do if we went to RS-1, an RS-1 would limit out more than duplexes, what would that do to the city's project. La Shot I don't think it would hurt a thing. Bryson It appears as though, the statement was made that you were going to make available 15 lots, if you split seven per block, about 86 or 87' width on the lots and it's over 12,000'... La Shot We set the dimensions to provide a good size, single-family residential lot, similar to Inlet Woods. Bryson Your intent for hook-ups was for residential hook-ups. La Shot Yes. Bryson We still don't have a motion before us. MOTION AND VOTE: Bannock Made MOTION to approve the proposed zone change to the City of Kenai from Rural Residential to Suburban Residential -Resolution 93-20. Walker Seconded. Bryson Discussion. __. Bannock Could we AMII~iD that MOTION to make the new proposed zone be RS-1. Walker KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 -MINUTES PAGE 15 Second. Bryson Discussion on the amendment. Bannock Is there anyone that would speak against that, specifically. Bryson Hearing and seeing none.. Jay Ship Could you define RS-1. La Shot In our development table RS-1 would allow 500 sq. ft. lots if water and sewer is available. It would not allow multi-family housing except for duplexes. Ship If the water and sewer were available... La Shot And it would be available. Ship It would. Walker Jack, what size would be allowed if water and sewer were not available. La Shot 20,000 sq. ft. Walker Water and sewer would only be available only after the improvements were complete. Barnette If there was a possibility of someone deciding that they didn't want the water and sewer, are we guaranteed that they have to have it anyhow? We've all been stipulated in our area that we can't have wells, we can't have septic tanks, okay, because we're in the city, now if somebody over there decided I'm going to buy 20,000 sq. ft. of property and I'm going to do without the water and the sewer, can they do that? La Shot No. We'll be selling them as individual lots. We will provide water and sewer stub outs to the lots. We also have an ordinance that says that if they aze within 200 feet of water or sewer they have to hook up. Barnett Thank you, that's what I wanted to hear. Bryson Jack, do you have any opinion as to whether we should continue the public hearing to the next session for modifying the requested zoning. The general category is the same, although it is different. La Shot Our land sale, proposed land sale, it shouldn't hurt to push it back. If it's continued KENAI PLAI~iNING & ZONING COMMISSION MAY 26, 1993 -MINUTES PAGE 16 and it doesn't pass this meeting it might have some bearing on the council's decision on this project. June 2, should the council say go with the project, we'll start spending money. Bryson I live on a government lot on the other side of the gulley. This has always been a district I wish, I wouldn't mind be incorporated in, of course it takes more effort to do than not to do because one body owns this property it's easy to do. It wouldn't be so easy if you found people have diversified opinions on it. Barnett By the sounds of it you already have a buyer for this land. La Shot No, we're just preparing it for a public sale. By our ordinances it has to be a public sealed bid auction. Barnett Okay. So on this June 2, meeting are we just deciding on the paving? La Shot Yes. Bryson Considering the appropriate time to put in water and sewer, I feel this very definitely the time to put in water and sewer services, regardless of which zoning is utilized. Is there any objection to continuing this public hearing to the next meeting. Walker Before stating any objection or non-objection I would like to hear from administration on the necessity of the change, I don't want to get in the way of the council. Personally I feel if we can handle it this evening fine, if not, I have no objection to continuing if it's necessary. Bryson Further discussions on the amendment. Call for question on the amendment which, being to amend the original motion substituting RS-1 for classification RS. Vote: Bannock -yes, Bryson -yes, Goecke -yes, McComsey -yes, Walker -yes. MOTION PASSED. Bryson Further discussion on the main motion, no requests, call for question. Vote: Bannock -yes, Bryson -yes, Goecke -yes, McComsey -yes, Walker -yes. MOTION PASSED. 6. PLANNING a. Proposed City Land Sale . Bryson The next issue has already been discussed at length. Jack do you have anything further? KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 -MINUTES PAGE 17 La Shot We pretty well covered it. We're simply running it by to see what you think, if any of these parcels should be retained for any reason. Bryson Comments? Goecke I concur with what the city's planning to do, get some of this property out of city hands. At this point in time we could get some housing going, get some energy as far as residents are concerned moving in this direction, I think we'll all be better off.. The more building that you have in an area it seems like you get a good push from the whole area. I think that's what the city needs. Bryson ,There is pressure for small lots on water and sewer. Builders have been looking for these. Walker This property, as noted, is good level property, reasonable water table, adjacent to road easy to develop, I can't think of a better spot in town because of access and water and sewer are easy to stub out. Do we have to take any action on this? Bryson No, I think this is more of an informational item. La Shot Unless you find or recommend another purpose for this land. Bryson Is this in conformance with the land use plan? La Shot Yes. Bryson I am glad to see an area upgraded to this zoning level because that's the first time it's been used. The other area was R1. I think RS-1 has a good purpose, it just hasn't been utilized. La Shot It seems like there's been a scurry of people inquiring about lots. Several builders are looking at Inlet Woods but of course they're tied up. Bryson Any other comments? On to the next issue. b. Coastal Management Program Consistency Reviews Residential Floating Dock: Beaver Creek 13 -Bailey Bryson Any comments? Bannock Is this draft from the City Administration or Borough Planning. KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 -MINUTES PAGE 18 Bryson Kenai Peninsula Borough. Bannock What. kind of action are we looking for on this? Are we looking for an approval or what? Bryson This came before the Borough Planning Commission last Monday. Mr. Bailey had requested to speak on the issue. His intent was to respond to any questions that were asked. His comments were accepted by the Planning Commission and the project was recommended for approval so at this point the city could comment on this, the comment period is only open until today, I guess. Doesn't give any time. There was a concern on the Borough review staff on the type ax (?), but the planning commission did not have a concern. MOTION AND VOTE: Bannock made a MOTION of non-objection to approval. Wallcer SECOND. Passed by Unanimous Content. 7. NEW BUSINESS None 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone -See (Tabled 10/ 14/92) Bryson Has he been contacted? I would expect him back in town soon. 9. CODE ENFORCEMENT a. Quandt Property Bryson There's no update in this issue? La Shot I haven't looked in the past few days. The state was giving them until June 1 to try for a CUP or remedy the situation. Bryson It looks like they're being moved around a little. Any further comment? No City Council or Planning Commission report. The one issue that concerned the commission was the Beaver Creek Floating Dock, it was recommended to be approved. The other item that drew a lot more comments was a complicated platting issue further up the Kenai River, Sterling area, granting a permanent easement to a property owner. City Administration, any comments. KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 -MINUTES PAGE 19 11. PERSONS NOT SCHEDULED None 12. INFORMATION ITEMS None 13. COMMISSION COMMENTS & QUESTIONS La Shot I think our new building inspector will be here in a couple of days, several capital projects we're bidding and getting ready to bid the Evergreen area paving if Council approves. McComsey Over on Walker Lane and Lawton there has been a garage sale going for the last month. Has anyone else complained about that? La Shot I' 11 add that to my list. I don't think they're supposed to go for more than a few days. I'll check it out. Walker Jack, Councilman Smalley's not here, could you provide any information regarding the Courthouse building. What is it's supposed to be completion date? La Shot July 15 or August 1. At this point it looks like it's going to be later. Walker Any more on the piles of dirt? La Shot I don't know, I'm not as close to the project as Keith is. Bryson Have you looked into testing it since it's been aerated? La Shot I think there`ll be less contamination now than at first. Bryson Commission questions. Goecke I heard today that Clint Hall has bought 50 or so of the lots in Inlet Woods, yesterday. La Shot I don't know if that's true or not. Goecke The city does not have all of those lots tied up because there is still payments coming due and when the payment comes due they attach them a few more lots. They've not ever gotten to that point. Right now the city is talking about this settlement thing, basically letting them off the hook for a high dollar number. a;. KENAI PLANNING & ZONING COMMISSION MAY 26, 1993 -MINUTES PAGE 20 La Shot I haven't heard that Clint was trying to get in there. He has come to the city several times asking if there was a way to do such a thing, but I haven't heard that he actually pulled something off. If he did it's with the McLanes. Bryson The title to those are solidly clouded and it all the legal parties will know at the time if there is a sale. La Shot The deal we read about in the paper whereby McLanes are offering a certain amount and using personal property as collateral maybe a future deal will allow them to be sold. There are a few lots there that are privately owned. Walker Doesn't the city outright own a few lots in that area and didn't we have a sale concerning some of those. La Shot There was about eight of them. 14. ADJOURNMENT There being no further business the meeting was adjourned at approximately 8:45 p.m. Respectfully submitted Kathy Viall for Loretta Harvey Administrative Assistant