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HomeMy WebLinkAbout1976-01-28 P&Z SummaryKENAI PLANNING & ZONING COMMISSION REGULAR MEETING January 28, 1976 AGENDA MISSING KENAI PLANNING ~ ZONING COMMISSION REGULAR MEETING JANUARY ~8, 1976 7:00 P.M. CITY MANAGER'S OFFICE RON MALSTON, CHAIRMAN 1. ROLL CALL Present: Chairman Ron Malston, Nels Kjelstad, Cliff Heus, Betty Glick, Art Evans, Roland Raymond and Mike Hamrick Ex-Officio Member Present: Councilman Ed Ambarian Others Present: Ronald Swanson of Ron's Rent-A11, Robert Peterkin, Max Swearingen and Vince O'Reilly of the Peninsula Oilers Board of Directors, Howard Keiser of the Alaska Department of Environmental Conservation, Chris Garcia and Deborah Daisy 2. APPROVAL OF MINUTES OF JANUARY 14, 1976 The following additions and corrections were made to the minutes: Page 2, paragraph 4, 11th line, should read January 1, 1975 rather than January 1, 1976. Page 3, paragraph 5, "Mr. Heus requested a shorter time limit on the Permit." should be stricken from the minutes. i Page 3, the Amendment should be placed between the Motion and "Motion passed ." Page 4, paragraph 5, Motion, the word Minchumina is spelled incorrectly. Page 4, Item 4-A, line 6, should read ". .divided into two lots, which was approved." Page 7, Item 5, paragraph 2, 6th line, should read ". in a State Bond Fund." The minutes were unanimously approved as corrected. SPECIAL ADDITION Chairman Malston turned the meeting over to Howard Keiser of the Alaska Department of Environmental Conservation. Mr. Keiser had been asked to attend to supply the Commission with additional information regarding regulations of on-site waste disposal systems. Mr. Keiser referred to Section 18AAC72.060 of the State Envir- onmental Conservation Pamphlet, Register 47, Chapter 72, ~ Wastewater Disposal, Mr. Keiser stated that in the past, this / RL1VA1 YLHNN11VV ~ GUNINV LUMM1551UN REGULAR MEETING JANUARY 28, 1976 ..(Special Addition - continued) Page 2 regulation was interpreted to mean that the Department of Envir- onmental Conservation had the authority to review subdivisions to assure that the. lots could support on-site waste disposal and water supply, prior to approval of the subdivision. An individual would be in violation of the regulation if the plat was recorded before this was done. This regulation was reevaluated and interpreted by the Attorney General's Office to mean that there can be no violation of the regulations until the property is subdivided and lots are sold, and until a waste disposal system is put on the lot. This interpretation has placed the responsibility on the buyer of the lot rather than the developer or subdivider. The Depart- ment can no longer review subidivisions for prevention of pollution, but will be policing to find individuals in violation of the .regulations. Chairman Malston asked the status of American Subdivision. Mr. Keiser stated that the soil condition is good and can support on-site waste disposal and water supply. Mr. Hamrick asked the reason the American Subdivision plat was disapproved the first time it was submitted. Mr. Keiser stated that the Department in Anchorage felt the lot sizes were too. small. However, there is nothing in the regulations which states a minimum lot size. The regulations recommend 40,000 square feet and require that the water supply be a distance of 100 feet from the waste disposal system. Mr. Kjelstad asked if at one time 40,000 square feet was the minimum lot size in the regulations. Mr. Keiser stated this was correct. The U. S. Department of Public Health and HUD recommended this minimum lot size for on-site water supply and waste disposal. The State Legislature decided not to require this and revoked it from the regulations. Councilman Ambarian asked Mr. Keiser if there was a regulation which required that a person tie into an existing water and sewer system. Mr. Keiser stated that the existing system must be used if it is within 200 feet of the lot. Mrs. Glick asked Mr. Keiser if the first American Subdivision plat was disapproved on the Borough level because of the recom- mendations of the Department of Environmental Conservation. Mr. Keiser stated this was not the case. The Borough did not necessarily follow the recommendations of his Department. Mr. Heus asked what steps the Kenai Planning Commission could take to have these regulations followed. Mr. Keiser stated that he recommended the Kenai Planning Commission to urge the Borough to review subdivisions in regard to on-site waste disposal and water supply. iCLNAl YLl-lNN1Nli ~ GUN1Nti ~:UMM1551UN REGULAR MEETING JANUARY 28, 1976 (Item 3 - continued) Page 3 Councilman Ambarian asked if the City could emphasize to the Borough that they wished the Department of Environmental Con- servation's recommendations to be taken. Mrs.. Daisy stated that they could do this and possibly draft some resolutions to this effect. Mr. Keiser stated that if his Department assisted in evaluation of subdivisions, soil testing would be required. Mr. Keiser was thanked for his time and excused by the Commission. 3. OLD BUSINESS a. Natural Resources Extraction Report: Jan Williams, City Attorney The City Attorney gave the Commission information on the proposed Natural Resources Extraction Ordinance 76-4. She stated this would be introduced as an ordinance to the Borough on Tuesday, February 3, 1976 and will be acted on by the Borough at their first meeting in March. The Kenai City Council will .hold a public hearing on the resolution on February 4, 1976. The Kenai Planning Commission will hold their public hearing in conjunction with the Borough Planning Commission on February 9, 1976. The following additions and corrections were made to the proposed ordinance. Section 141 should include No. 4. "Proof that the applicant is owner of the subject property." Section 144, Part A, No. 4, should read ". .a 2:1 slope, except where working." Section 144 should include No. 9. "The need for the particular natural resource within the City of Kenai outweighs any detri- mental effects the operation may have on surrounding property owners." and No. 10. "Applicant is owner of the subject property." Section 148, Part B, line 2, should read Administrative Official rather than Secretary. Mr. Kjelstad stated the word "take" should be inserted between "can" and "place" in Section 144, Part B, line 6, and that the ~~ word "entirely" should be taken out in Section 144, No. 8. Ms. Williams stated that the penalty for violations of the Ordinance was $100.00 per day, per violation. b. Determination of Home Occupation, Retail Hockey Equipment S op Mr. Garcia stated that he wished to start a retail hockey equipment shop in the basement of his home to supply equipment R~NAl YLHNNINV ~ GUNINV LUMM1551UN REGULAR MEETING JANUARY 28, 1976 Page 4 (Item 3-b - continued) for the Hockey program here. in the area at this time. Hockey equipment is not available Mr. Malston was concerned with increased traffic in a residential area being detrimental to the other residents of the area. Mr. Garcia stated that his was the only residence on the street, and he felt there would be no effect on the flow of traffic since he intended to keep the business very small. Mr. Heus asked if Mr. Garcia intended to sell only to the Hockey teams or if this would be an actual retail shop. Mr. Garcia stated he would sell to anyone requesting hockey equipment and that there would be a small mark-up on the equipment to compensate for his operating expenses. Mr. Heus asked if Mr. Garcia would only be operating during the winter. Mr. Garcia stated that he would sell the equipment throughout the year, but that the demand would be starting in September or October of each year and ending in February or March. Chairman Malston asked the recommendation of the City. Mrs. Daisy stated that the City was waiting until the Commission determined whether or not this was a home occupation. Chairman Malston asked if Mr. Garcia had considered renting property in the business district. Mr. Garcia stated that he had no intention of working regular business hours and that rental in the business district would be too costly for a part-time venture. Mr. Hamrick asked for clarification on the word trade on Page 44 of the Zoning Ordinance. Mrs. Daisy stated that the City interpreted this to mean retail selling of goods rather than of a service. Mr. Heus asked the number of participants in the Hockey program. Mr. Garcia stated approximately 75, in Soldotna and Kenai combined. MOTION: Mr. Raymond moved, seconded by Mr. Heus, for approval of a permit for a retail hockey equipment shop as a home occupation and that the Fire Department should make an inspection of the premises to insure that the shop meets all fire safety requirements. Motion passed by roll call vote. Voting yes; Heus, Raymond, Kjelstad and Evans. Voting no; Malston, Hamrick and Glick. Chairman Malston asked Mrs. Daisy to contact the Fire Department regarding an inspection of the shop. lJ;1VHl YLH1V1V11V1~ ~ GVN11Vli I;UMM1J51UN REGULAR MEETING JANUARY 28, 1976 (Item 3 - continued) Page 5 c. American Subdivision: Revised Preliminary/Final Chairman Malston asked the recommendation of the City. Mrs. Daisy stated that since the soil condition was checked and found to be good, the lot size allows for on-site water supply and waste disposal. MOTION: Mr. Kjelstad moved, seconded by Mr. Raymond, for approval of American Subdivision as submitted in the preliminary/final plat. Motion passed unanimously by roll call vote. d. Peninsula Mobile Home Sales: Conditional Use Mrs. Daisy stated that she did not feel the rezoning of this area to General Commercial would be approved by the Borough at this time, because they indicated there was ample General Commercial property in this area. There is a new law, which the City Attorney has researched, which provides for contrac- tual zoning of lots for df£exent zoning.. This law is based on the principal of Grandfather Rights, remaining in force as long as the business exists. Mr. Helgelien has been advised that if his application for rezoning is disapproved, he should consider contractual .zoning. 4. NEW BUSINESS a. Ap lication for Lease of Lot 7, Block 5, General Aviation Apron - Ron Swanson Ron's Rent-All Mrs. Daisy stated that Ronald Swanson has applied for lease of this lot for a period of 55 years. The lot would be cleared and used as an equipment storage yard. This lot is located next to the present Ron's Rent-All building. Mr. Swanson stated that at their present location there is a congestion problem and that the yard next door is needed for an equipment storage yard. Mr. Heus asked Mr. Swanson what kind of fence he would be using. Mr. Swanson stated chain link fence. MOTION: Mr. Heus moved, seconded by Mrs. Glick, that the lease application of Ronald Swanson (Ron's Rent-All), for Lot 7, Block 5, General Aviation Apron, be approved for a period of 55 years. Motion passed unanimously by roll call vote. x~N~l YLANNINV ~ GUNINU ~UMM1551UN REGULAR MEETING JANUARY 28, 1976 (Item 4 - continued) Page 6 b. Application for Lease of Government Lot 4, Section 3, T 5N, R 11W, S.M. - Peninsula Oilers Base all, Inc. Mr. Robert Peterkin, Board Member of the Peninsula Oilers, stated that his association wished to lease this lot for a period of 55 years, at no charge, to build a baseball park. This lot would suit their needs because the ground has good base, the location is near town, the amount of wind is minimal and the lot has water and sewer. The Oilers plan to have two exits and entrances, two parking lots with a capacity of Z00 vehicles each, bleachers, boxseats, snack bars, etc. They plan to expand the facilities so the park can be used for various activities. The City would maintain the title to the lot and all facilities placed on the lot. The Oilers cannot afford to purchase a piece of property at this time. Mrs. Daisy asked the proposed itinerary for developing the facilities. Mr. Peterkin stated as quickly as possible. The Oilers would be willing to develop a schedule of work with the City. Mr. Hamrick asked the projected cost of the initial outlay. Mr. Peterkin stated that this would be difficult to estimate since a good deal of the labor would be volunteer. Mr. Heus asked the lease rate of the property. Chairman Malston stated that this property was designated as Public Park. Mr. Ambarian asked if the lot would be fenced. Mr. Peterkin stated the perimeter would not be. Mr. Ambarian expressed concern over an increased flow of traffic in the area, and asked if there should be a public hearing. Mr. Raymond stated he felt a public hearing would be a good idea, and asked the- amount of time required to set one up. Mrs. Daisy stated a public hearing was not required according to the Ordinance. The maximum time required to set up a public hearing would be 30 days. Chairman Malston asked the feelings of the City Council. Councilman Ambarian stated that Mr. Peterkin had made the presentation at their last meeting and no decision or comments were made by the Council. Councilman Ambarian asked if the Oilers were able to acquire land from the Borough. Mr. Peterkin stated that the Borough would only allow a five year lease, would not allow beer in the Park, and restricted the permanent structures. They also required that the Park be fully developed within too short a period of time. nJ;1Vx1 YL!-1N1V1Nl~ ~7 GU1V1Nli I:UMM1J51UN REGULAR MEETING JANUARY 28, 1976 Page 7 (Item 4-b - continued) Mr. Hamrick asked if this would be a profit making venture. Mr. Peterkin stated that it would be some time before the Oilers began making a profit. Any profit made would be used to upgrade the Park. Councilman Ambarian asked if the Oilers had considered other lots. Mr. Peterkin stated they had considered several, but could not obtain any because of cost or location. MOTION: Mr. Hamrick moved, seconded by Mr. Raymond, for approval of the application for lease of Lot 4, Section 3, T 5N, R 11W, S. M., at no charge, for a period of 55 years- or until such time as the Peninsula Oilers become a profit-making organization. Motion passed unanimously by roll call vote. The Commission requested that the City develop a schedule of work for the Oilers, showing completion dates required for the proposed facilities. Mr. Heus recommended that the Oilers state specifically the activities which would be allowed on the field. 5. OTHER BUSINESS It was decided by the Commission to cancel their meeting on February 11, 1976 and hold this meeting following the public hearings on February 9, 1976. Chairman Malston requested a report from the Council. Councilman Ambarian had nothing to report. Chairman Malston requested a report fxom the Borough Planning Commission. Mrs. Glick stated that she was sworn in as a member of the Borough Commission at their last meeting and that nothing pertaining to Kenai was discussed. There was nothing to report from the Harbor Commission. Chairman Malston asked Mrs.. Daisy for a progress report on the FAA Planning Grant for a Master Plan for the Kenai Municipal Airport. Mrs. Daisy stated the City should begin receiving proposals from the engineering firms next week. Councilman Ambarian asked Mrs. Daisy what progress had been made on moving the Constellations off the airport. Mrs. Daisy stated they were in the process of being moved. There being no further business, Chairman Malston adjourned the meeting at 10:00 p.m.