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HomeMy WebLinkAbout1986-02-13 P&Z Minutes:--~ KENAI PLANNING ~ ZONING CDMI~IS5ION August 13, 1986 -- 7:fl0 p.m. Kenai City Hall Lee Lewis, Chairman ~.. RDLL CALL Present: Lewis, Bryson, Osborne, Smalley, Absent: Carignan, Oleson, Zubeck 2. APPROVAL Of AGENDA Add item 7-g, Preliminary Plat PZ86-38; 7-I, Preliminary Plat PZ86-36, Gabrial Juliussen; 8-a, Landscaping/Site Plan Ord; 8-b, Ord. 1155-86, Changes to the Zoning Code. Agenda approved with the additions 3. PERSONS PRESENT 5CHEDE~LED TO BE HEAR[ None ~+. PUBLIC HEARINGS a. Resolution PZ86-3D: Rezone Tract E, Sprucewood Dien SID to General. - - Commercial - ~-CG-~ - 5chilling Chairman Lewis ca11Ed on Mr. Schilling to present his petition. Lou Schilling. I have na specific development plans at this time, however, I do want to develop that property as commercial. From what I understand, at the last meeting the residents spoke of a buffer and I would like to state that I am willing to go with a buffer, although not the entire 120' of that to the north. Chairman Lewis opened the meeting to the public. Faith Langston, 301 Walker Lane. I have a petition signed by residents in the Walker Lane area opposing the rezoning. Mrs. Langston questioned the buffer asking i.f a buffer could be enforced. Answer from Councilman Wise, no. Particularly if the Council approves an ordinance before it which eliminates the section pertaining to buffers between adjacent land uses. ~Irs. Langston submitted the petition. Chairman Lewis asked how many signatures were on the petition, answer approximately b8. Chairman Lewis asked how the residents would feel about the buffer. Mrs. Langston stated that she could not answer for the group, however, personally, she would approve of the rezoning if no access was allowed onto Walker Lana. f PLANNING & ZONING COMMISSION August 13, 1986 Page 2 Commissioner Bryson asked if the buffer proposed by Mr. Schilling were to parallel Walker Lane, answer yes. Councilman Wise stated that Mr. Schilling could plat the area and deed the buffer to the City with restrictions against sale and/or development. This would also give Mr. Schilling a tax break. Councilman Wise further used drawings to d8pict the type of buffer, curb cuts, and development strategies which could occur under residential development. Commissioner Smalley noted the large volume of traffic in the area since Tern Ave. was cut through to Walker Lane. Mr. Schilling and Planning Specialist Loper further explained possible development under the residential zoning which would allow up to 5-plexes. Mr. Norm Sample, 3O2 Sterling St. I was under the impression that the buffer was in perpetuity. Councilman Wise and Planning Specialist Loper explained that the buffer referred to lies north of this area. Councilman Wise further explained the difference in conveyance of the two different properties. The land being designated as buffer being FAA while the land lying south is private. Mr. Sample further voiced his concern over the traffic, agreeing to the large increase since Tern Ave, was opened up. Mr. Samples stated that when the Lowry land was cleared and partially developed his property values declined and should Mr. Schilling be allowed to develop commercially it will further decrease the value of neighboring property. Chairman Lewis closed comments from the public and returned the issue to the Commission. Commissioner Bryson asked if Mr. Schilling would be willing to get together with the petitioners. Mr. Samples stated that it would not matter how the area was developed, with only 2 access paints traffic is still a big problem. Councilman Wise stated that the Council had requested a traffic light at the intersection of Rogers and Airport Way, however, it will be directly dependent upon state money. Commissioner Smalley stated that in view of the willingness of Mr. Schilling to meet with the petitioners he would prefer this approach. MOTION: Commissioner Bryson moved to postpone and direct Administration to set up a meeting with Mr. Schilling and the petitioners, seconded by Commissioner Smalley VOTE: Motion passed unanimously 5. APPROVAL OF MINUTES of July 23, 1986 Minutes approved as submitted J PLANNING & ZONING COMMISSION August 13, 1986 Page 3 6. DLD BUSINE55 a. Request for Reconsideration: Vacation of 4,200 sq. ft. of Sprucewood Rd within Sprucewoad Glen S/D - Cowry__ Mr. Lawry came forward with maps identifying the areas to be vacated and those to be used for truck access. The maps show that the trucks will be gaining access from the mall side of the wall and are not intended to cross iota the residential side. The wall is in such a position that trucks cannot unload without the vacation. Cammissianer Bryson asked if Mr. Lowry would be willing to place a note on the plat that no vehicular access would be permitted to the residential area, answer; sure. MOTION: Commissioner Bryson moved to reconsider Vacation of 4,200 sq, ft. of Sprucewood Rd within Sprucewoad Glen S/D, seconded by Commissioner Smalley VOTE: Nation passed unanimously MOTION: Commissioner Bryson moved to recommend approval of Vacation of 4,200 sq, ft. of Sprucewood Rd as proposed by the applicant and that a note be placed ant he plat restricting vehicular access from Sprucewoad Rd to Tract F-lA and C-lA, seconded by Commissioner Smalley. VOTE: Commissioner Osborne asked if the vacation would create a small lot nn either side of the wall. Commissioner Bryson asked if Mr. Lowry had a proposal for the remainder of the property after the vacation. Mr. Cowry stated that since the access for use is a turnaround. We propose it to go to C-lA. Cammissianer Osborne asked about the parcel an the other side. Mr. Lowry answered that the Borough informed him that it would make sense to combine it with the adjoining lot. Cammissianer Bryson stated that unless we have a preference, it is the Borough prerogative, the vacation process. Motion passed unanimously 5. APPROVAL OF MINUTES of July 23, 19$6 Minutes were approved as submitted. PLANNING & ZONING COMMISSION August 13, 1986 Page 4 7. NEW B~15INESS a. Lease Review: Lot 3A, Blk 1, FBO S/D - Ha_ngar_Facility_-__Pitts There was no one in attendance to speak for the request. Planning Specialist Loper referred the Commission to the memo from the Administrative Assistant and letter of intent from Mr. Pitts. MOTION; Commissioner Smalley moved to recommend extension of construction on Lat 3A, Blk 1, FBO S/D for Hangar Facility for Mr. Pitts for 2 years, with construction to begin next spring and completion for September 1988 seconded by Commissioner Osborne VOTE: Motion passed unanimously b. Lease Review: Tract A, Kenai Municipal Researve - for Parking - Swarner/O'Connell There was no one in attendance to speak for the request. Planning Specialist Loper referred the COmmlBSlfln to the memo from the Administrative Assistant and the letter of intent from the lessee's. MOTION: Commissioner Bryson moved to recommend granting of the extension of one year to their development plans far Tract A, Kenai Municipal Researve for Swarner/O'Connell, seconded by Commissioner Osborne. VOTE: Motion passed unanimously c. Preliminary Plat PZ86-33; Strawberry H_ills_-_Johnisee_Add #teplat This plat appears to remove the community we11 system and reverts the lots back to the 40,000 sq. ft. MOTION: Commissioner Smalley moved to approve PZ86-33: Strawberry Mills - Johnisee Acid Replat, seconded by Commissioner Osborne. VOTE: Motion passed unanimously d. Preliminar Plat PZB6-3G: Mad Hatter S/D This plat came about as the result of an encroachment of a dwelling on a lot line. The plat gives a portion of the lot line to each side which satisfies both parties. 1 PLANNING & ZONING COMMISSION August 13, 1986 Page 5 MOTION: Commissioner Osborne moved approval of PZ86-3G, Mad #~atter S/D, secnnded by Commissioner Smalley. VOTE: Motion passed unanimously e. Preliminary Plat PZ86-35: Gusty S/D #5.-.Replat.Lot_~ This is the lot leased to Treet Custom Cabinets and came before the Commission as a part of Gusty S/D #4. The surveyor found that a portion of the lot was encroaching on the ball field. The lessee has agreed to give up that footage. Commissioner Bryson asked if the City has proposed any limitations on the title to attach to the ball park so it does not became available for development. Councilman Wise stated that it is still FAR land and there are no restriction on any of this or other ball parks. Commissioner Bryson stated that his concern is that if the ball parks are an it and we are talking about expansion of the ball parks dawn there and if this becomes part of it I wouldn't want it necessarily because it is a plotted lot be available just because someone puts a petition in front of the Council. Councilman Wise stated that the plat was designed to provide a swap with Treet. Mis presentation to the Council was that what we had left between First and Treet's line would not be fit far anything but a softball field, the only way we could do it was if we reduced the property. Presumably this is agreeable between Treet and Administration. Commissioner Smalley asked what would happen to the small piece created by the replat, Councilman Wise stated that he presumed it would ga to the larger tract. MOTION: Commissioner Bryson moved approval of PZ86-35 and request that the future status of that area being platted out of 4-A be defined on the plat, seconded by Commissioner Smalley. VOTE: Motion passed unanimously MOTION: Commissioner Bryson moved to place missing item not on agenda and added at this paint - item is i. Preliminary Plat PZ86-36: Gabriel Juliussen S/D, seconded by Commissioner Smalley VOTE: Motion passed unanimously PLANNING & ZONING COMMISSION August I3, 1986 Page 6 f. Preliminar Plat PZ86-37: Hallier 5/D #G - Re lot Tract A This plat came through some time ago as a part of a gravel pit which was being expanded and sold. MOTION: Commissioner Smalley moved approval of PZ86-37 hallier 5/D, seconded by Commissioner Bryson. VOTE: Motion passed unanimously a. Preliminary Plat PZ86-38: B.M. Thompson.S/D Heplat The City Attorney's letter was attached. The zoning violation centers around the trailers which were placed on the property while the old zoning code prohibited trailers north of Main St. Howard hackney had not issued building permits to the trailers. Councilman Wise stated that the trailers have been there for over 5 years and the City has never done anything about it. ~ MOTION: Commissioner Smalley moved approval of PZ86-38 with a contingency that all trailers that are in violation of City ordinance be removed, seconded by Commissioner Bryson Councilman Wise stated that the only problem he would have is that the trailers straddle a lot line. Since the City has Failed to pursue the ordinance at the time the violation was made this has become garbage. Commissioner Bryson asked the City policy on structures straddling a lot Iine. Howard Hachney answered that there was no problem as Iong as one there was one owner for bath lots. Howard Hackney noted that the lots were too small for on-site water and sewer. Commissioner Bryson stated that the Borough had reviewed this plat and requested that they obtain an engineers statement that they are satisfactory size ar provide water or sewer. Commissioner Bryson noted that if they were to provide a community well system that they would then be satisfactory. VOTE: Motion passed unanimnusly h. Corps of Engineers Permit far City_of_Ke_na_i Commissioner Bryson is with the firm engineering the project and } explained that the City is extending the sewer line from Lawton Dr. to l the golf course due east for Thompson Park. Dne of the obstacles, in PLANNING & ZONING COMMI55ION August 13, 1985 Page 7 addition to the wetlands, is Beaver Creek. The City is proposing putting the sewer line under Beaver Creek which requires a Corps permit. Commissioner Bryson will be abstaining from voting. MOTION: Commissioner Smalley moved for a letter of non-ojection, seconded by Commissioner Osborne. VOTE: Motion passed unanimously. i. Preliminary Plat PZ86-36: Gabriel Juliussen Tract, Add #1 MOTIDN: VOTE: Commissioner Smalley moved approval of PZ86-36: Gabriel Juliussen Tract, Add #1, seconded by Commissioner Osborne. Motion passed unanimously B. PLANNING a. Landscaping -Site Plan Ordinance Over the past few months, the Landscaping Review Board, the Council and the Commission have been working on three main ordinances; landscaping, site plan, and townsite zone. The Council agreed on the concept of the Landscaping Review Board take on the duties of the site plan review. As a result, Councilman Hall requested that the land- scaping ordinance and the site plan ordinance be combined. Before the Commission is the landscaping ordinance as it now reads plus the combined ordinance in the first draft form. Howard Hackney stated that an the draft of the landscaping ordinance as it now appears, when it went to Council, there were some modifications. Mr. Hackney rewrote it to Council specifications and it returned For approval. The Council passed the original document instead of the modified document. It was painted out to the Council by City Clerk. Councilman Wise stated that he was sure the Council did not understand at the time of adoption. The revised ordinance before the Commission now will incorporate the changes desired by Council. The Landscaping Review Board has not had an opportunity tv review this as their meeting was cancelled last night and rescheduled for Thursday. Commissioner Bryson and Commissioner Smalley stated that they would prefer having a chance to Iaok it over and have comments from the Landscaping Review Board and perhaps schedule a work session. Councilman Wise felt he would object to moving ahead with major revisions prior to the new Council in October. The Commission deferred to Councilman Wise. J PLANNING & ZONING COMMISSION August 13, 1986 Page 8 b. Ordinance 1155-B6 At the last meeting the Commission discussed removing two items from the ordinance; one dealing with setbacks and one dealing with buffers in adjacent land uses. The setbacks address the Public Land Order which sets out ROWS, The Commission and Councilman Wise discussed the attached PLO 6D1. Councilman Wise suggested requiring a written waiver from the State of Alaska waiving the PLO as it affects the City prior to platting. Since the State and Borough did not do the research on the PLO as a result the plat indicates a ROW of 100' when actually the plat is legally incorrect because the federal government had a reservation for 150' from the centerline. What the City had been doing is granting variances pertaining to that and it should have been looked into loaner. Commissioner Bryson stated that unfortunately something like this shifts the responsibility to the City to enforce rather than to the federal government. Councilman Wise corrected that to state rather than federal. When we had setbacks we were enforcing the PLD. Concerning the buffer, it was mentioned during the hearing for the rezoning for Mr. Schilling as an example of a buffer between land uses. As it stands now, an alley is too restrictive, however, the Landscaping Review Board feels eliminating it would be too open. Commissioner Bryson asked if it would be appropriate to state somewhere that variances from these requirements shall be granted only upon authorization being received from appropriate state agencies. MOTION: Commissioner Bryson moved to recommend approval of 1155-86 as submitted with the exception that Exhibit B, Street Setbacks be omitted from the proposed changes and adding a sentence indicating that variances from these requirements shall be granted provided no objection is made by State of Alaska, Dept. of Public Facility in regards to PLO 601, dated August, i9~9, seconded by Commissioner Smalley. VOTE: Motion passed unanimously 9. REPORTS a. City Council. The Council heard Mr. Kevin Fenner of the Borough and decided to hold a public hearing on the Comprehensive Plan in October when the new Council is on board. Councilman Wise stated that he is still confused as to why the Plan was not approved except perhaps far the printing costs. PLANNING ~ ZnNING coMMlSSION August 13, 1986 Page 9 Commissioner Smalley noted that the Council agenda showed the item concerning the Kenaitze Indian problems an Ames Rd and asked if Council took action to recommend to Mr. Brighton to sign and send that letter to the Department of Interior. Councilman Wise answered that the Council did act formally an the issue and asked that Mr. Brighton send the letter. The other issue raised is the Council wants to know how the tribe has allotment rights. b. Borough Plannin All plats presented this evening were heard by the Borough. No comments. c. Cit Administration No report. lO. PERSONS PRESENT NOT SCHEDULED TD BE HOARD None ll. INFORMATION ITEMS No comments or questions i2. COMMISSION £OMMENTS & QUESTIONS Commissioner Smalley stated that new information has come up concerning this land. One of the items mentioned is that with the passage of the Native Land Claims Settlement Act, all allotment status lands and requests far allotment lands had to be filed prior to a date, if they were'nt filed far they weren"t allotment status. The Kenaitze tribe was not even organized and identified as the Kenaitze tribe until the Land Claims Settlement Act came into effect. My question is haw can a tribe that came into effect on that date receive allotment, be granted allotment status. In discussing the item the property on Ames Rd which is being declared allotment status with the Borough assessor who is responsible far native lands in the Borough indicated that he felt it was not allotment status for a couple of reasons, number one; according to his understanding of the law allotment status is non-transferable, the allotment concept is not transferable no matter who purchased the property. He indicated that the young woman, the realty officer in Anchorage, the BIA realty officer is in error, she is quoting statements suggesting federal regulations that does not exist. He suggested that the City pursue it further because its a City problem at this point in time until they fi18 a deed. When a deed is filed then the Borough will probably go after it because taxes have been paid on that parcel. One does not pay taxes on allotment status land, I gat that from the Department of the Interior, Just the amount of information that has come to light PLANNING & ZGNING CgMMISSIQN August 13, 1986 Page 10 since I have returned from vacation is staggering and I would encourage the City to pursue it even further because the property owners out there have lost property values at this stage of the game an that road and I think the City needs to pursue and not just accept a statement from a 8IA realty officer that those lots are allotment status when in fact they may not be. Chairman Lewis asked if there were additional items, Commissioner Osborne stated that he has no more ditch. 12. ADJOURNMENT There being no further business, the meeting was adjourned at 9:12 PM. Janet A. Loper Planning Specialist