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HomeMy WebLinkAbout1981-09-09 P&Z MinutesKenai Advisory Planning and Zoning Commission Regulax ~`~eetng, S,e~tembex 9, 1981 Kenai City Hall, 7 p.m. Philip Bryson, Presiding Chairman AGENDA 1. ROLL CALL 2. PUBLIC HEARINGS Petitions for. two Conditional Use Permits from Chester Cone to allow the use of Cone Tract A-lA for a mortuary and 8 acres lying within a portion of the NWQ of Section 11, TSN, R11W, S.M. north of Beaver Loop Road for a cemetery. 3. AGENDA APPROVAL 4. APPROVAL OF D~INUTES OF August 12, 1981 5. OLD BUSINESS A. Lease Application: F.B.O. Subdivision Lots 1, 2, 3 Donald and Karen Creamer B. Lease Application: (KAS Tract) GAA Tract 1 Kenai Air Alaska, Inc. Construction of Bulkhead from old Sewer Treatment Plant to Ryan's Creek Proposed Gusty Subdivision Addition cation: Kenai Spit Subdivision, Lot 1 Royal Pacific Fisheries Proposed Zoning Code Changes A. City Council Report: Betty Glick B. Borough Planning Report: Betty Glick C. City Administration Report 8. COMMISSION QUESTIONS AND COMMENTS 9. ADJOURNMENT' 6. NEW BUSINESS A. Discussion: B. Discussion: C. Lease Appli D. Discussion: 7. OTHER-',BUSINESS Kenai Advisory Planning and Zoning Commission Regular Meeting, September 9,1981 Kenai City Hall, 7 p.m. Philip Bryson, Presiding Chairman 1. ROLL CALL Present: Philip Bryson, Jack Castimore, Jim Blanning Paul Turner, and I9ayne Regelin O frv` Absent: Mary Quesnel, Jerry Andrews, and Ex-Officio Member Betty Glick Qthers: Bill Brighton, City Operations manager ; Mr. and Mrs. Chester Lofstedt, Kenai Air; 2. PUBLIC HEARINGS P~?anager; Jim Swalley, Airport Jack LaShot, City Engineer; Cone and Jim Hieber; Craig John Wise; and others. Petition for two Conditional Use Permits from Chester Cone to allow the use of Cone Tract A-lA for a mortuary and 8 acres lying within a portion of the NW4 of Section 11, TSN, R11W, S.T•~. north of Beaver Loop Road for a cemetery. T.~r. Bryson opened the public hearing for comments. Mr. Chester Cone introduced himself, his wife Mavis, and Jim Hieber, President of Alaska r-Tmorial Parks. He is requesting a Conditional Use Permit for some of his Beaver Loop property that he is selling to Alaska Memorial Parks. He stated that he has reviewed the Zoning Code regarding funeral homes, cemeteries and mortuaries and he doesn't feel as though there is anything in the Code that would prohibit them. The Comprehensive Plan allows cemeteries in most all areas. He doesn't feel that he would be doing anything that anyone would be opposed to as far as zoning. Mr. Hieber gave a brief background of Alaska Memorial Parks. They are a small Alaskan Corp. and have been in the cemetery business since 1966. They have branches in Fairbanks ,, and Juneau.. They have recently researched the Peninsula for interest in their type of business. There is a feeling that there is a need for a full-service business which would include a mortuary, chapel, etc. They have become interested in the Beaver Loop area because it is centrally located and adaptable to their needs. They are located in a rural residential area in Fairbanks and there are houses all around in Juneau. The serenity o_f the area is appealing to the homeowners. They plan to use the Kasilof and City Cemeteries at the present time. They plan to purchase the building from T?r. Cone and it presently is not being used for anything. They have discussed plans to renovate the building with the City Inspector and plans are in Anchorage with the Fire P~larshall. Kenai Advisory Planning and Zoning Commission Page 2 Regular D?eeting, September 9, 1981 _ ) Mr. Hieber brought plans for the renovation of the building and pointed out the different rooms. There would be a full-time resident director who would be living there. He also showed photos of the funeral homes that they operate now. Jim Blanning questioned if a crematory would be involved. Mr. Hieber stated that it would not be right now. It would be too expensive. Tim Wisnewski stated that he has been a resident here for five years and that he objects to some of the statements made about inadequate facilities. There are three mortuaries here in Kenai now and they are all residents and local funeral directors. He feels that a. MacDonaldS'francise is coming down here. It is good for big business but we are trying to make a living here. There have been 10 burials here this year. He doesn't feel as though the area would support it. The average age is very young. Mrs: ,Rust stated that she was against the mortuary as the would be a neighbor, she is buying the property next to it. Waldo Coyle questioned if they were going to bury above ground or below it. 1!?r. Hieber stated that they have to meet State requirements on ~ this. A?rs. Cone stated that about 20 years ago there wasn't a laudromat in Kenai but they had to put up with competition. D?r. Cone wanted to make a rebuttal to Mr. Wisnewskib5 reference to a MacDonalds. Mr. Hieber plans to move to Kenai immediately as there is a two bedroom apartment available to him and he plans to be a resident. He is in the concrete business and would like to get rid of all competition too „but whoever gives the best service gets the business. P~?r. Hieber stated that he did not want hii:s comments to be detrimental to any of the three morticians and doesnot plan to downgrade any of the existing businesses. Wayne Regelin questioned whether any soils testing has been done in this area to see if it is compatible. Mr. Cone stated that two years ago the area proposed for the cemetery was tested by Mike Tauriainen. They dug down to 15' and did not reach any water. This area is not in the designated wetlands. T?r. Hieber stated that if there is a health problem, the health department would not allow them to put the cemetery in. Mr. Regelin questioned how many cemetery plots remain in the established cemeteries. -Kenai Advisory Planning and Zoning Commission Page 3 Regular Meeting, September 9, 1981 Tim Wisnewski stated that there were about 250 there now and there would be room for twice or three times that amount. Spruce has a new section that has opened and you can get approximately 1,000 graves to an acre. He commented on the burial rate and there are alot of shipouts and cremations which leaves approximately 20 - 25 burials .per year. There is alot of space left. Mr. Hieber said that he had found all of this t+e be true but it is their capital and their investment. This will be a long1 term program for them. Delo s Hersea questioned why the meting started when the notice said 7:30. Letters were sent to property owners and a notice placed in the paper - all stated 7 p.m.) She questioned whether this was wetlands. Mr. Hieber explained that one of the requirements for the conditional use permit would be a greenbelt anal no :development witrhin 30 feet. There has been no affect on the sale of land near their other cemeteries. There are no headstones as everything is flat, well kept and serene. Phil Bryson questioned to what degree the State concerns themselves with the approval of the site. The State Health Dept. would give approval as far as the water table. r, Mr. Bryson questioned whether they have ever commented about an area where there is a fluctuating water table. Mr. Hieber stated that if there was a fluctuating water table then it would not be allowed. There was a question from the public regarding development of land around it and Mr. Bryson stated that the zoning would remain the same. Jim Blanning questioned how many people were notified. Four people who were within 300 ft. of the property in question. Ruby Coyle spoke and stated that she was neither for nor against but wanted people to be aware that there are private wells out there which might be shallow. Ernie Knacksted stated that there were no shallow wells in this area. Tim Wisnewski questioned why studies weren't done. He has heard different water levels from different real estate people. Phil Bryson stated that this isn't the point that they are addressing. Kenai Advisory Planing and Zoning Commission Page 4 Regular P~Ieeting, September 9, 1981 Mr. Hieber stated that if the water table is higher than 6' then the State of Alaska would not allow them to put the cemetery in and they wouldn't want to anyway. I~c{-ler u~us r~ceive~ -from 1-la(smallec~ c<.nd c~-4-f-~c.~ee[ -~o -E'~ese m~;~~~-mss ; MOTION: Wayne Regelin moved, seconded by Jim Blanning, to adopt Resolution PZ 81-12 approving the Conditional Use Permits for a Mortuary and Cemetery located in Cone Tract A-lA and 8 acres lying within a portion of the NWq of Section 11, TSN, R11W, S.M. North of Beaver Loop by Chester Cone with the following stipulation that. the State Health Department approvral be granted before the cemetery is established. The motion passed unanimously. 3. AGENDA APPROVAL There was a request to add an item requesting a trailer wif,hin Bush Lanes Subdivision as Item B under New Business. P~IO T I ON Wayne Regelin moved, seconded by Jack Castimore, to approve the agenda with the addition. ~ There were no objections. 4. APPROVAL OF MINUTES OF August 12, 1981 MOTION: Jim Blanning moved, seconded by Jack Castimore, to approve the minutes of August 12, 1981 as submitted. There were no objections. 5. OLD BUSINESS ~~~ Leas e Application: F.B.O. Subdivision Lots 1, 2, 3,~ ~~:~ _~~ ~. ~ - _c~ ~~ Donalduand Karen Creamer ~~ ~, l~ The secretary stated that Mr. Creamer contacted the City at 5 p.m, this evening and stated that he had no additional information but expects to by the next meeting. B. Lease Application: (KAS Tract) GAA Tract 1 __ Kenai Air Alaska, Inc. Craig Lofsted was present to represent this application. ~ Phil Bryson questioned the time of the lease, indefinite?' Mr. Lofsted stated that he would agree to 99 years. Mr. Bryson questioned what would be stored in the area marked aircraft and helicop ~.~r and Jack Castimore questioned Kenai Advisory Planning and Zoning Commission Page 5 Regular Meeting, September 9, 1981 __~ whether people would be viewing disassembled aircraft. P•~r. Lofstedt stated that any disassembled aircraft would be in the building. The size of the building is still in Question. John Wise Questioned whether the lease would have anything regarding avoiding personal property taxes at the first of the year. They will be using a portion of this area for aircraft storage. Bill Brighton stated that Council will decide and set this policy. Mr. Wise stated that they have been moved in the past to avoid being taxed. r~r. Brighton stated that it is a subject that he will bring to the Council's attention. Bob Raf~rty spoke and stated that this operation is in business and they shouldn't be burdened to keep their aircraft in the City if they get an opportunity to fly on the first day of January. Jim Blanning stated that this is not their area to discuss. ~ Jack Castimore was concerned that the area be properly landscaped. Mr. Lofstedt stated that they are being cramped where they are now as the fixed wings take up the ramp area. Their intent is to expand and attract corporate pilots. They plan to model their operation after ERA in Anchorage. Their intent is to have it good looking. Phil Bryson requested that they keep some trees to the left of the property. MOTION: Jack Castimore moved, seconded by Jim Blanning, to approve the lease application for {KAS Tact) GAA Tract 1 to Kenai Air Alaska, Inc. for 99 years. The motion passed unanimously. 6. NEW BUSINESS A. Discussion: Construction of Bulkhead from old Sewer Treatment Plant to RYan's Creek John Wise stated that the erosion extends from Kenai Packers to the old Sewer Treatment Plant and ~a created by two factors, ~ the earthquake in the 60's and the river's high pressure on the - outside curve. The Corps states that the only way to stop the erosion is to put a metal base there which would extend 6,0.00 _feet to the Sewer Treatment plant. Kenai Advisory Planning and Zoning Commission Regular T!Ieeting, September 9, 1981 Page 6 All Capital Improvement projects must come before the Planning Commission first and now is the time to thin~C about this project together. They need a definition, rational cost estimate, and a formal request by the Planning Commission and the City Council. He would like to see more than a bulkhead. He would like to see it be developed to move vehicles, handle up to 150 boats for off loading and maintenance. Cranes could operate and work on the fishing fleet. It would protect the bluff and provide 6,000' of wharf frontage. Small boats and barges could be worked on. It would be a $5 - 7 million project. It would benefit the people on the bluff, control the drainage over the bluff, enhance property along the river, and serve the Peninsula. The City could rent or lease dock space. It would help the fishing capabilities of Kenai and solve a basic requirement fbr a harbor. Mr. Wise feels that this is a project that warrants funding from the State and support by the City. He wants the Planning Commission to consider this and asks Council to provide the initial study so that it can go before the State. The City has run into problems because of not estimating enough money. Phil Bxyson stated that this should go before the Harbor Commission. Bill Brighton thought that Dir. Wise should make a presentation before the Harbor Commission. Wayne Regelin thought that the suggestion has merit but wants some time to think about it,and will review it after the Harbor Commission. Mr. Wise expressed concern about the timing as the request will have to be in Juneau by mid-December and cost estimates will have to be done first. It might be too late now. Waldo Coyle commented on how much land has gone over the bluff since he came herer This will be brought back as Old Business and John Wise will be notified. B. Request for a trailer in Bush Lanes Subdivision Dale Bertram requested permission. to place a trailer at his place of business. He has expensive equipment parked there and needs to have someone on the property to watch it. It will not be permanent but only until they can build something else. The zoning excludes trailers in this area. Mr. Bertram was requested to come into the City the next day to make out a temporary permit to allow a trailer on this site until he could build a permanent structure. Kenai Advisory Planning and Z Regular Meeting, September 9, C. Discussion: Proposed Jack Castimore questioned being leased and they are oning Commission Page 7 1981 Gusty Subdivision Addition whether Lots 5 and 6 are currently not. The Commission discussed the proposed plat and recommended +h~t the Administration :relocate the curb cut ,and renegotiate the lease for Estes' property. D. Lease Application: Kenai Spit Subdivision, Lot 1 Royal Pacific Fisheries MOTION: Paul Turner moved seconded by Jack Castimore, to table this lease application until additional information is available. The motion passed unanimously. E. Proposed Zoning Code Changes There were no comments at this time. 7. OTHER BUSINESS A. City Council Report: Betty Glick B. Borough Planning Report: Betty Glick C. City Administration Report. Bill Brighton commented on the lease of Terminal space. Ruby Coyle questioned any City d.odes that would prohibit people from camping on private land. The cannery workers set up camps and leave their garbage on other peoples property. Phil Bryson suggested the City encouraging these people to camp in an area set aside ~fror them with adequate facilities and water. Mr. Brighton commented on what Petersburg is domng about this problem. Mrs. Coyle commented on how the problem is growing worse. Mr. Castimore stated that the City needs to deal with this problem now. 8. COMMISSION QUESTIONS AND COMMENTS 9. ADJOURNA![EP1T ~ MOTION: Jack Castimore moved, seconded by Jim Blanning, to adjourn the meeting. There being no further business the meeting was adjourned. T0; Kenai. Planning and Zoning Commission _ ~ FIZObt Harold V, Smalley P.Q, fox 3239 . Kenait nlaska 99611 residence t T3eaver Loop SG`BJECT: Proposed Limited Use Permit on Beaver 1,Qo~ Firsts I tvouid Like to apologize for not being able to attend this meeting in person. I have a prior commitment for this evening.. I would like to ex- press my concerns on the limited use permit involving the old Beaver Loop Laun- dromat and adjoining properties which is under consideration tonight. I make these concerns l:not~n after considerable time and energy has been spend collect- ing data ~aliich supports my request to deny this consideration; It is my understanding that there are certain zoning ordinances which gov- ern the building and development of business witlYin the city limits of Kenai. According to my information the proposed limited use permit for the avove men.. tinned property, if for the establishment of a funeral home and possibly a ce- metery on the adjacent property. There exists a specific ordinance governing the location of funeral homes ar~d cemeteries within the city limits and the re- quest for this limited use permit tivould result in a variance or an exception of existing zoning regulations. As a land owner in the area of this proposed fun- eral home and cemetery I object to any variances ~ti~hich could set the ~re$idence for future ordinance variances. I have contacted several zeal estate brokers in the Kenai area. and Anchorage area to discuss the possibility of property values in the area near a funeral home and or cemetery, It is the oninioil of all brokers ~~~hom I contacted that that substantial losses in property value next to such business could result and in all but one case has resulted in the Kenai area and property located from approximately a mile or more ai~~a}T from said business are less affected, As a resident of the City of Kenai, I would expect the planning and zoning commission to help protect the value of my property, r`Y reason for building i.n a rural residential zone ti~•as for the protection of my property value as ~,~ell as the other protect1011S of rural residential property. The proposed variance could cause the value of my property to be reduced and twill cause the property adjacent to the proposed site of the funeral home and cemetery to be reduced. C11ze of the requirements for a cen,eter}' is that the land must be drainable and have good soil. The I~roposed area is consi.clcrccl a peat bog t~~ith an almost zero t~~ater table for part of the year tditlt seater covering much of the surf_acc`; I would guess that: at least eight feet t~~ould ire necessary for a cemeter}~, The proposed l~utd beins; consiclerecT i:or the cemetery was once rejected as a sub- divisioli for residences due to the fact of an extreme high taatcr table.