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HomeMy WebLinkAbout1992-10-28 P&Z Minutes RENAI PLANNING & ZONING COMMISSION October 28, 1992 - 7:00 P.M. City Hall Council Chambers Chairman Art Graveley AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - October 14, 1992 4. PLANNING a. Development in Old Town - Demolition of Juliussen House 5. PERSONS PRESENT SCHEDULED TO BE HEARD 6. PUBLIC HEARINGS 7. NEW BUSINESS a. Reschedule November 11th Meeting 8. OLD a. 9 . CO1 a. b. c. BUSINESS Resolution PZ 92-26: Rezone - See ~E ENFORCEMENT ITEMS Quandt Property (Oral report) NOAA Installation on Marathon Road Letter to Fandel's 10. REPORTS a. City Council b. Borough Planning c. Townsite Historic Task Force d. City Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS 1. City Council Agenda 2. KPB Planning Commission Agenda 13_. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT ****Work Session with Council - Sign Ordinance**** ~ - ~,~ ^~ RENAI PLANNING & ZONING COMMISSION October 28, 1992 - 7:00 P.M. City Hall Council Chambers Chairman Art Graveley MINUTES ITEM 1. CALL TO ORDER AND ROLL CALL Commissioners Present: Duane Bannock, Phil Bryson, Carl Glick, Art Graveley, Ron Goecke, Kathy Scott, Paul Hanson Council Representative: Hal Smalley Also Present: Cary Graves, City Attorney; Jack La Shot, City Engineer; Loretta Harvey, Administrative Assistant ITEM 2. APPROVAL OF AGENDA The following additions were made to the agenda: 9 a. Letter to State, October 27, 1992 from Jack La Shot, State action regarding this property. 9 b. Additional memo from Cary Graves, regarding NOAA facility. Hanson mentioned the date should be changed to the 28th. MOTION: Scott MOVED approval of agenda as amended. Hanson SECONDED. Graveley asked for unanimous consent. There were no objections. SO ORDERED. ITEM 3. APPROVAL OF MINUTES - October 14, 1992 MOTION: Bryson MOVED approval of minutes as presented. Scott SECONDED. Graveley asked for unanimous consent. There were no objections. SO ORDERED. ITEM 4. PLANNING a. Development in Old Town - Demolition of Juliussen House Graveley introduced the item, reminding the Commission that a permit had been issued to move this building. But this present application indicated that the building could not be moved. Graveley asked La Shot for additional information or a recommendation. ~ KENAI PLANNING AND ZONING COMMISSION October 28, 1992 Page 2 La Shot said he would recommend issuing a building permit to demolish the building. That is why the Commission is reviewing this. According to the TSH Code all activities requiring a building permit must be reviewed by Planning and Zoning. MOTION: Bryson MOVED to approve the issuance of a building permit. Glick SECONDED. Graveley opened issue up for discussion. Coral Seymour, representative for the Oiler's, explained that the building to be demolished is right behind the Oiler's Hall, which the Oiler's are in the process of trying to buy. The building presently sets on the man's property who owns the little red building next to it. In order to get the deal closed, the building must be demolished. It is a fire trap and there is no foundation so it can't be moved. Graveley, are the Oiler's as a group applying for the permit? } Seymour, Paul Wilson in Anchorage wants it done, he filled out the application and sent it from Anchorage. Wayne Dunworth, Oiler representative, reported they are trying to buy the building which sets partially on Clarence Ladd's property. Ladd will not sign off on the deal until the Oiler's trade for a piece of property and demolish the building. He says it's a fire trap and threatens his building. Graveley noted pictures which the representatives had presented. Hanson asked if they saw any historical significance to the building? Seymour, not the way it is. It's dangerous, steps are broken, the floor has holes in it. As far as historical its not hewn logs or anything, it's just a dilapidated shack. Graveley asked if there was a record of when this house was built. Glick reported that in 1962 he came to Kenai, that building was fairly new then. Dunworth said the building has been vacant for about ten years. All the windows have been broken and boarded up. Scott said she was not really clear on who owns the building and who has the right to demolish it? KENAI PLANNING AND ~ October 28, 1992 Page 3 ZONING COMMISSION Dunworth, Mr. Paul Wilson, we've been renting from him. He owns that whole corner except Ladd's little red building. He filled out the application and sent it back, for Dunworth to turn in. Graveley asked for further discussion from Commissioners. Bryson called for the question. VOTE: Bannock: Yes Glick: Yes Graveley: Yes Goecke: Yes Scott: Yes Bryson: Yes Hanson: Yes MOTION PASSED UNANIMOUSLY. SO ORDERED. Graveley informed the Oiler representatives that they could receive a building permit for the demolition of the building. ITEM 5. PERSONS PRESENT SCHEDULED TO BE HEARD None. ITEM 6. PUBLIC HEARINGS None. ITEM 7. NEW BUSINESS a. Reschedule November 11th Meeting The meeting was rescheduled for November 10th. ITEM 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See Scott reminded the Commission that they had decided to table this item for up to one year. Graveley thought the item should be carried on the Agenda for one year from the date of motion. It could be carried with a note of the one year time limit. KENAI PLANNING AND ZONING COMMISSION October 28, 1992 Page 4 ITEM 9. CODE ENFORCEMENT ITEMS a. Quandt Property Graveley noted the letter to the State regarding this property and giving 60 days for a field survey and report to the City of State's actions. b. NOAA Installation on Marathon Road Noted the memorandum from Graves which had been passed out prior to the meeting. Graves said he had nothing to add. He felt the memo's were an adequate representation of Administration's view of the RV Code. If the Commission was not happy with the way the code reads they could suggest revisions. Bannock thanked Graves for his help in this matter. The intent of Bannock wasn't to chase NOAA off, but to bring attention to what he felt was a poorly written code. By reading the letter regarding the definition it is not a RV. Bannock said he had trouble with a couple of items in the definition: I primarily designed as temporary living quarters and; also, that RV's include, but are not limited to Bannock felt that unit meets the definition of the last definition. When the code was written Bannock was on the commission, then if it had tires, an engine and license plates, and said W on the side of it, it was a RV. He said at the time, he did not have the foresight to imagine that such a situation would happen that we would have a unit, that based on the activity inside the unit we'd not call it a RV. Bannock closed with, "If it walks like a duck, looks like a duck, sounds like a duck, it's a duck." Bryson said he thought it would have to fit the definition of a duck also. He felt that Bannock's interpretation was an overly strict reading of the definition itself. Bannock agreed with Bryson but felt it was defined wrong. Is a RV defined by what goes on inside it, or what it actually is? If you looked on the title it would list under "type of vehicle," the brand name will be Winnebago, the type will be MH, Motor Home. La Shot noted that the NOAA facility had already applied for a new license, which will list the vehicle as commercial. Graves said that the State's definition of a motorhome is not necessary the code's definition of a motorhome. It could fit perfectly into the State's definition for licensing, but not be a KENAI PLANNING AND ZONING COMMISSION October 28, 1992 Page 5 motorhome or RV under the City's code. Goecke said that he was concerned about the public's view of this situation. They see a RV, and might think the City has a double standard regarding the legal .use of these vehicles. Glick said at the time the RV ordinance was drafted the intent was to keep RV's from becoming permanent living quarters. The city may want to redefine this ordinance to avoid future problems. MOTION: Bryson MOVED to accept Graves memo as record of status on the NOAA unit. Bannock seconded. Bannock added that he would support this motion because it was listed as a code enforcement item. He would like to look into this ordinance in light of new circumstances which may occur. Graveley said the Commission should take care of the first issue 1 and discuss review of the ordinance at a future meeting. Call for question. VOTE: Bannock: Yes Glick: Yes Graveley: Yes Goecke: Yes Scott: Yes Bryson: Yes Hanson: Yes MOTION PASSED. SO ORDERED. c. Letter to Fandel's La Shot reported that this was just a letter to have record of the Council and Commission's decision regarding this issue. ITEM 10. REPORTS a. City Council Smalley reported that Carol and Mark Padgett had appeared before the Council, regarding vacation of an easement off South Ames. Borough and Kenai Planning Commission had approved the vacation. Than it came to Council and because of letters from Department of Natural Resources (DNR), and Fish and Wildlife (F&W), Council overturned the decision. The Padgett's wished to appeal. There were 16 entities that expressed concerns over this easement, because of these concerns the Council did not rescind the veto. KENAI PLANNING AND ZONING COMMISSION October 28, 1992 Page 6 Padgett's had brought a picture of this access, which is very poor and concerned entities have been asked to come down and look at this access, in person. This item may come back at a later date. Smalley presented copies of the CIP list for 1992/93. Thompson Park water sewer interceptor was the priority item on this list. Public Hearings were all passed. A change order was approved for additional costs related to delayed construction on the Courthouse due to contaminated soils. Baron Park S/D is an item where PTI is considering relocating to Kenai. The City had an appraisal done and it came out approximately, $118,500.00. The City is looking to establish a relationship with PTI to get this facility into Kenai. The Mayor reported that the FAA should be employing 85-90 people at their facility within the next two years. Senator Stevens was in town, the Lake Clark exhibit opened at the KBVCC and the Council took a tour of the new Fire Training Facility. Smalley said he had told Council about the Commission's concerns regarding the sign ordinance. The Council expressed concerns about changing the present ordinance, but not loosen the strings just to cater to big business. b. Borough Planning Bryson reported on items of interest to the City: Item 2 a. FBO S/D # 5 was approved and; consideration of Plats, items 1 & 6: Wildwood Corrections and Right-of-Way map. Items of general interest: Item G1. McGahan Industrial Park S/D - this is an airport and the applicant is planning to expand. Their was an appeal under Ordinance 21-12. The Planning Director had determined that 21-12 would not be applicable in this situation. There was an appeal at this meeting and the Commission upheld the Planning Director's decision. The appellant could now go to the Assembly. c. Townsite Historic Task Force Hanson reported that Chairman Jim Arness had prepared an outline ~ and the Committee reviewed the outline point by point, making recommendations and changes. Hanson brought up the concerns of P&Z regarding the Task Force becoming a Commission, but the group KENAI PLANNING AND ZONING COMMISSION October 28, 1992 Page 7 didn't change that. Goecke said he missed the meeting but he talked to Arness and the Mayor had told him, unless things change drastically that group will not be a Commission. The Council has serious doubts about two entities controlling that zone. Graveley asked how long the process of reviewing the ordinance would take. Hanson said they did not want to wrangle with the exact wording in Committee. They'll send their ideas to Graves and he will rewrite the ordinance. Then the Task Force will review and present a final draft to Council. Hanson also volunteered to be the permanent representative on the Task Force for P&Z. Graveley thank Hanson for that and for his dedication to the community. d. City Administration La Shot reported that the City had started an abatement on Cook Inlet Drive. The City had cleaned up an area there at the approximate cost of $5,000 and there was a lien placed on the property. An abatement had also been started on 4th Avenue, but the owners had contacted the city and asked for more time to renovate this property. The City had requested that the windows be boarded and the building secured until the renovation begins. La Shot had also investigated a complaint of people living in RV's off Beaver Loop Road. He had notified the State that these people were there and were in violation of several of the City codes. ITEM 11. PERSONS PRESENT NOT SCHEDULED ITEM 12. INFORMATION ITEMS 1. City Council Agenda 2. KPB Planning Commission Agenda ITEM 13. COMMISSION COMMENTS & OUESTIONS Smalley said that the Council had sworn in Mayor Williams for another term and also Christine Monfor would serve again. The new Council member was Jim Bookey. AML will be held in Juneau the second week of November, several councilpersons 'and City Administrators will attend this conference. Gravely asked La Shot about the vacant house on Float Plane road. KENAI PLANNING AND ZONING COMMISSION October 28, 1992 Page 8 La Shot reported that someone had purchased the property and was in the process of renovating it. They had approached the city about placing a mobile home on the lot to live in while they did the work. After several complaints from neighbors the trailer disappeared. Graveley asked the Commission how they felt about reviewing the RV code. It was the group consensus to wait until the first of the year to start this review. Paul Hanson, Kathy Scott and Art Graveley reported they would be unable to attend the first meeting in December. Bryson reminded P&Z that in the past the 2nd meeting in November and December have been canceled due to the holidays. This will make it important for all other Commission members to attend so a quorum can be established. ITEM 14. ADJOURNMENT There being no further business the meeting was adjourned at approximately 7:55 p.m. The Commission and Council went into a work session for review of sign ordinance at 8:00 p.m. Respectfully submitted, ett ar eY Transc ibing Secretary