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HomeMy WebLinkAbout1973-09-06 SummaryAGENDA KENAI PLANNING & ZONING COMMISSION SPECIAL MEETING SEPTEMBER 6, 1973 CITY MANAGERS OFFICE 7:00 P.M. Al Hudson, Chairman ITEMS: PUBLIC HEARING: Conditional use permit on Pelch gravel site, Beaver Loop Road PUBLIC HEARING Re-zoning of R. Lee Seafoods site on the Kenai River from Rural Residential to Heavy Industrial MINUTES KENAI PLANNING ~ ZONING COMMISSION SPECIAL MEETING, SEPTEMBER 6, 1973 CITY MANAGER'S OFFICE AL HUDSON CHAIRMAN ROLL CALL: MEMBERS PRESENT: AI Hudson, Chairman, Ruby Coyle, Ron Malston Nels Kjelstad and James Elson MEMBERS ABSENT: AI Cruver ITEM 1: CONDITIONAL USE PERMIT, PELCH GRAVEL SITE, WITHIN THE SW4 SE4 WEST OF BEAVER LOOP ROAD AND N ~ SE4 of SEC. 2, TSN, R11W, SM Chairman Hudson called the meeting to order and opened the public hearing for discussion. Those speaking were: Henry Johnson: Stated he resided on Ames Road by the gravel site. He noted there were 10 gravel pits on Beaver Loop Road, and all within 4 miles, and only 2 of which had grandfather rights. Johnson protested the issuance of the permit saying he can't see a gravel pit in a rural residential area, and that the population of the Beaver Loop Road has doubled in the last several years, and if the pit is put there people won't move there. He expressed concern for the safety of the children in the area, and stated Kenai was making a big mistake if they approved this conditional use permit. Glen Bilderback: Stated he protested to the issuance of the conditional use permit and felt the same as Henry Johnson and would back up his statement. He also stated that the 300 feet from property Fine and proper screening was never clarified in the paper or anywhere. He stress the need for a rehabilitation program for gravel pits. Henry Johnson noted also that a cease and desist order was issued and that he feels Burgess Construction Co is now operating illegally, that they have been taking gravel out for the past two weeks or more. Johnson also said that the dump trucks and double tandem trucks were not keeping within the speed limit and presented a great danger for the travelling public and children. Wyman Keen, a resident of the area opposed the issuance of the use permit, he also noted that he inquired with the borough and it was his understanding the taking of gravel was halted, he inquired what good is it to hold hearings because they're still having all the gravel they want, and it seems the only action people have left is to hire an attorney. He asked what could be done to curtail this operation, expressed his concern of the danger to the children now with the traffic and in the future with a large hole that could be filled with water or dangerous in other ways. Ed Ambarian a resident of the area noted his protest over the issuance of the conditional use permit, noting that there were enough gravel pits already in the Beaver Loop Road without the addition of this one In general disucssion Mr. Jaynes read the City's zoning ordinance pertaining to screening and stated he was not in favor or opposed to the pit, but should note to the public that the Beaver Loop Road does have a natural resource on its doorstep and that it possibly should be used considering the cost factor of hauling in gravel in the future for private citizens. Mr. Johnson noted that the areas by the City dock in industrial zoning seemed to be the place to draw the gravel from. AI Hudson noted that we should not hamper private development and stay within the realms of the zoning laws of the city. Page 2 Minutes, Special Meeting Kenai Planning ~ Zoning Commission City Managers Office, 7: 00 P. M . AI Hudson Chairman Henry Johnson noted that he was not against progress, and that it seems when the State let the contract far the bridge job that Burgess should have already made the agreement where they were going to extract the gravel from. Mr. Bilderback took exception and noted they were not getting gravel out of the Pelch property but were hauling sand, as that what was primarily in this area, and was a slight oversite in the state for not getting a use permit, and the Borough acting as they did was to just get the State's chestnuts out of the fire. Mr. Keen noted that he is most concerned with a gigantic hole in front of our homes. He asked how this is policed and is an unsightly mess with practically no screening from the homes or roads. Henry Johnson noted that they are taking gravel less than 50 feet from Beaver Loop road and other areas are not screened , and that he doesn't believe common sense was used . Nick Miller a resident of the area protested and noted that the City of Kenai was very concerned about getting a $125.00 permit from him to build a house, and now the City should show concern about no permit to extract gravel and that they were presently doing so without a permit.. Mrs. Coyle noted that the Boroughs Emergency ordinance that was passed at the emergency borough assembly meeting recently was illegal because there was not a 3/4 majority vote of the assembly and that they are operating illegally in taking the gravel. Mr. Bilderback said we should be realistic, and that if they are issued a gravel permit, proper screening should be set up and also a re- habilitation project. Jim Elson spoke noting that first this is not a Kenai City ordinance, it is a borough ordinance, that proper procedures have not been followed and the borough is in a quandry, so this was passed back to the City Commission for recommendation and he noted that no Borough representative was here tonight, Elso also noted the time that has elapsed, and that the final responsibility and desision is still going to have to be that of the Boroughs, and that they'll try to put the blame on someone else. Elson quoted the Muncipal Code regarding areawide powers, saying that we find ourselves in a mesh of laws that are not definitive. Mrs. Knackstedt asked about any Department of Environmental Conservation laws pertaining to the taking of natural resources such as sand and gravel, and asked how the Environmental Impact Statement concerning the bridge was written concerning the taking of these resources for the bridge project. A letter dated 9/6/73 from Mr. Edward C. Hollier was read. It stated " I have no objection to the conditional permit for removal of gravel from the Pelch property on Beaver Loop Road. My property is adjacent to the Pelch property" Mr. Jaynes noted that the item conerning Public Nuisances in the City Code could be brought to the Borough's attention. Mr. Johnson noted that the Borough had asked him to poll the perople around the Beaver Loop Road and that at least 20 persons residing there were opposed to the gravel pit, and that he is planning to present a petition to the borough. When asked why the opposition, Johnson said the people felt it was a residential area. Jim Elson noted that it should be a matter of record that the city's involvement is after the fact and that the City holds itself harmless in the case of litigation of any parties. Chairman Hudson now closed the public hearing, and Nels Kjelstad moved, seconded by Ruby Coyle that the City should recommend to the Borough Planning Commission that the conditional use permit for the Pelch property be denied on Page 3 Minutes, Special Meeting Kenai Planning ~ Zoning Commission City Manager's Office 7:00 P. M . AI Hudson, Chairman the basis of the overwhelming objection of residents of this area, and if the permit is issued, that the ordinance be fully followed, and that a development plan for the rehabilitation, including time schedule for the pit be brought before the City and Borough Planning Commissions and public hearings be held. The motion passed unanimously by roll call vote. ITEM 2: REZONING OF THE R.L. SEAFOODS SITE FROM RURAL RESIDENTIAL TO HEAVY INDUSTRIAL. Chairman AI Hudson opened the public hearing for commend. Doris Schmidt representing R. Lee Seafoods noted that her lease with. the City says the land is industrial, but that in fact the land in question is zoned Rural Residential. After a short discussion, Chairman Hudson decal red the hearing closed. Roby Coyle moved, seconded by Malston that they recommend to the Borough Planning Commission that Government Lot 8 be rezoned from Rural Residential to Heavy Industrial . The motion passed by unanimous roll call vote. ADJOURN: The meeting was adjourned at 9:30 PM