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HomeMy WebLinkAbout1982-03-24 P&Z Minutes~~ ~~: ~ ~.~~ ~~ l~ ~~~ •' ~~~~~~~ 'y KENAI PLANNING AND ZONING COMMISSION Regular Meeting, March 24, 1982 Kenai City Hall Philip Bryson, Chairman AGENDA 1. Roll Call 2. Public Hearings 3. Agenda Approval 4. Approval of Minutes of March 10, 1982 5. Old Business A. Discussion: 6. New Business A. Information B. Discussion: Regulations 7. Other Business Acceptance of Zoning Powers from the Borough 1 ~/ ~ ~ ~ ~ J a ,c o ~' ~,r2~1,~ ~.~`.~~!_.f` ~~E (~-f~~J ~~,1«7~2 e., L~~ ~`at ~~ c_ L' ~-/~ l Item and Discussion: Review of Cone Gravel Pit P & Z Ordinance 21.76.150/Supplementary Zone A. City Council Report B. Borough Planning Report C. City Administration Report 8. Persons Present Not Scheduled to be Heard 9. Commission Questions and Comments 10. Adjournment (. ~~~;~22_C ~~ ~,~ c_c~ f KENAI PLANNING AND ZONING COMMISSION Regular Meeting, March 24, 1982 Kenai City Hall Philip Bryson, Chairman 1. ROLL CALL Present: Phil Bryson, Mary Quesnel, Lee Lewis, Jim Blanning, Paul Turner, and Hal Smalley Absent: Jack Castimore 2. PUBLIC HEARINGS None 3. AGENDA APPROVAL It had been requested that John and Kris Stoehner be added to the agenda, item 5-B and discussion of a Corp Permit, item 7-D MOTION: Hal Smalley moved, seconded by Lee Lewis to accept the agenda with the two additions. i There were no objections 4. APPROVAL OF MINUTES OF March 10, 1982 MOTION: Jim Blanning moved, seconded by Hal Smalley to approve the minutes without change or correction. Motion passed unanimously 5. OLD BUSINESS A. Discussion: Acceptance of Zoning Powers from the Borough At the last meeting, the motion had been passed by the Planning and Zoning Commission to be presented to the Council which requested a resolution transfering the zoning powers from the Borough to the City and any considerations the Council may have. It was decided that Bill Brighton, Phil Bryson, and Ben Delahay would meet on Friday to draft an ordinance or resolution. KENAI PLANNING AND ZONING COMMISSION Page 2 ~) Regular Meeting, March 24, 1982 B. Lease Application: John and Kris Stoehner Attorney Ed Garnett briefly described for the Commission the present desire of the Stoehners in regard to the clam processing operation on the Etolin Subdivision tract. Drawings of the building were presented. The application is now being made for lot 9 on that tract. A drawing of proposed parking was presented, however, there were no copies available for the file. Mr. Garnett stated that one of the main reasons for being at the Commission meeting was to ask the Commission to consider a .speedy resolution of the matter as Mr. Garnett pointed out that the clam season begins in April. Mr. Garnett explained that the building will be concrete and fiberboard or fiberglass will be on the inside of the building. Mr. Pfeuffer of the State had gone over the drawings as presented to the Commission Mr. Garnett addressed the letter written to the City and Commission which objected to the operation, submitting a letter written by Mr. Pfeuffer addressing the question of sanitation and odors. Also submitted to the Commission was a letter written by a neighbor of the Sterling operation which also dealt with the question of odors. Letters were submitted from Bell Bouy Seafoods which stated that there were little problems with odors and sanitation. Phil Bryson asked if the clams processed in both operations were for human consumption, they were being processed for .both human consumption and bait. He also pointed out that a written lease for modification had not been presented and asked if it would be forthcoming, Mr. Garnett stated that it would. Jim Blanning asked if this would not be an entirely new lease application, Phil Bryson and Bill Brighton felt that it would be a modification in that the request for lease is the same, just the location has changed, and the machine/engine shop was dropped. Bill Brighton pointed out that the water and sewer hookup would not be operational until at least July. Ed Garnett stated that construction could start before that time and the operation would be ready by the time the water and sewer is in. In reference to the Light Industrial zone, Phil Bryson stated that his interpretation of the ordinance was that the uses in that area are intended to be compatible with General Commercial uses and felt that odor could become a problem that would be objectionable to General Commercial uses. Since outside storage of shells and waste could be problem,. Hal Smalley asked what arrangements were made for dumping and Mr. Garnett stated that the shells would be kept in plastic containers sealed until dumped. KENAI PLANNING AND ZONING COMMISSION. Regular Meeting, March 24, 1982 Page 3 Paul Turner asked if there was a lease application before the Commission, there was none. MOTION: .Paul Turner moved to table this item until a completed application were before the Commission. Mr. Garnett stated that there was an application before the Commission in the form of a modification, a continuation of a lease already applied for. Phil Bryson pointed out that it was a concept lease application. Motion died for lack of a second Phil Bryson asked for comment from the public. Mr. Jerry Cartee spoke from his experience as an operator of a clam processing operation outside the City. Mr. Gartee addressed the problem of shells being disposed of, stating that shells are usually not taken away on a daily basis and are. usually kept in a dipsy dumpster until it was feasible to haul the shells to the dump, creating an odor. Mr. Pheuffer passed Mr. Cartee`s operation which is much larger, and the problem of odor was never addressed. Ferol Hall spoke concerning the size of operation of the Stoehners in that the Sterling operation was small compared to the size of the operation now under consideration. The operation that Mrs. Hall runs, while larger than the Sterling operation disposed of over one million clam shells last year and the Stoehners operation now under consideration could conceivably run that high once the plant had begun and in order to support the size of the operation, a larger. volume was produced. Mrs. Hall also wished the Commission to take into consideration the fact that seafood operations usually are not within the City centers and that odors under those conditions are a problem, and finally to consider the FAA`s rejection of the conceopt of the processing plant, and further that they may want to concur on anything that was in a close proximity to the airport, since what they had rejected is now only a block away from the original site. Both persons wished the Commission to know that they were not against competition, they were concerned with the City and in the normal course of growth, an operation will frequently go from clam processing to possibly fish and would the City want that in the downtown area. Mr. Brighton wished to point out that in the last sentence of a letter sent to Kris Stoehner from Mr. Pheuffer, it states that should sanitation including odor, waste, waste storage and waste disposal become a problem, the DEC would be obliged to take appropriate action to eliminate the problem. KENAI PLANNING AND ZONING COMMISSION Regular Meeting, March 24, 1982 Page 4 Mr. Cartee indicated that he had contacted Fish and Game and other knowledgeable agencies pertaining to clam processing and also discussed the odor problem in regards to businesses that may want to establish in that area. Phil Bryson asked what one million clam shells represented, Jerry Cartee indicated that it represented processing 5,000 to 6,000 pounds per day. Mr. Bryson then asked the Stoehners what volume they would be processing, Kris Stoehner said they process approximately 1,500 pounds per day, which is what they have processed in the last two years. Mrs. Stoehner also asked to comment on the point of dumping the clam shells, stating that their operation dumps at least once a day, sometimes twice a day. Dr. Turner asked if the Stoehners would be willing to have that made a part of their lease, that the waste from the clam processing be dumped on a daily basis. Mrs. Stoehner stated that she would. Mr. Bryson asked Jack LaShot if there would be special requirements concerning the handling of waste products and the sewage that would be created by a facility of this type and size. The handling of the daily waste can be controlled but not the solids eliminated into the treatment operation. Dr. Turner voiced his concern about the two leases under consideration. What Mr. Garnett is saying is that he would like the original concept lease approved, but from Dr. Turner's opinion, the original concept is completely. different from what is being presented, and again expressed his concern over seeing an entire lease package presented to the Commission for consideration. Mrs. Stoehner stated that she wanted to process in the month of April and had plans to take the final plans before Mr. Pheuffer the next day and since they are on a tight schedule they need to get started and pointed out that they had been before Council and Commission 8 times. Jim Blanning commented that it was his opinion that it was not so much a lease problem as it is zoning and the odor and if it comes down to a problem of being noxious to nearby properties would Administration then acquire the problem and deal with it. Mr. Brighton stated that it would, that Administration would protect the leases and would not permit a problem to exist. Jim Blanning stated he felt the City would have the same problem whether the property was bought outright or leased it and felt that it was strictly a zoning problem. Phil Bryson asked the status fo the original lease. "Essentially it is the same lease application and in general the same use". KENAI PLANNING AND ZONING COMMISSION Regular Meeting, March 24, 1982 Page 5 MOTION: Paul Turner moved to table the application whether the original lease or modification until an entire lease application or modification is before the Commission, seconded by Jim Blanning Motion passed with Commissioners Quesnel, Lewis, Blanning, Turner, and Smalley voting yes; Commissioner Bryson voting no. Hal Smalley wished to voice his opinion that what the Commission is going to want to see in the package to come back is the question of parking that was never addressed this session. Jim Blanning stated that in answer to Mrs. Stoehner's statement that this was their eighth meeting, the foot dragging was not on the part of the Commission but that clot of it comes from FAA and some from the Stoehners themselves. While it is unfortunate that the Commission could not approve their plan, neither can it rush into something without proper information before the Commission. Phil Bryson felt that it probably would have been in order not to allow it on the agenda. Dr. Turner concurred in that he was being asked to approve a lease or concept that was not before him. Bill Brighton asked to go through the sequence of events surrounding the application of the Stoehners for the Commission, whch'he did, indicating that part of the problem for the Stoehners now is that DEC is not willing to license them for an entire season at their present location, however, some sort of agreement must have been reached with the governing agency that should they get another site and should they start construction of a new facility so that the governing agency knew that they were going to vacate their present facilities they would then permit them to start the processing season at the. old facility. Dr. Turner asked why the agency would allow them to start at the old facility. Mr. Bryson felt that they essentially wanted the use of the other facility ended and were willing to strech it a season. Mr. Smalley pointed out that the Stoehners have not been denied, the Commission requested that to avoid confusion he now feels he would like to see an entire package before him, and felt that as a Commission it would be nice to be able to look at the papers and say this is what they want without all the changes and confusion. 6. NEW BUSINESS A. Information Item and Discussion: Review of Cone Gravel Pit Mr. Brighton stated that this was a formality that was required by the code and went on to explain that there are three gravel pits now in the City and that the Cone gravel pit is the only one that provides the City with an annual report as required by the code. KENAI PLANNING AND ZONING COMMISSION Page 6 Regular Meeting, March 24, 1982 Mr. Brighton pointed out that the last report from Borgen was in 1980 and there have been no reports from the Coyles. Mr. Brighton informed the Commission that he will be making a report to the Commission on the state of these other two pits. He also brought out that there is a pit called Fredrickson pit and is supposed to be inoperable, however, there have been gravel trucks pulling out from that area last summer. An investigation will be done on this also. B. Discussion: P & Z Ordinance 21.76.150/Supplementary Zone Regulations This ordinance deals primarily with setbacks. Mr. Howard Hackney, City Building Inspector addressed the ordinance as it relates to Old Town. The main problem is space. Lots in that section are small and create safety hazards by way of visibility for vehicles at intersections when structures are set close or over the setback allowable in the ordinance. It was suggested, after much discussion that the Commission would not. change an entire ordinance but rather consider each case on an individual basis for that area. 7. OTHER BUSINESS A. City Council Report: Betty Glick The City Council received a letter from the Kenai Utilities Service Corp. regarding the franchise agreement between the City and Kusco. Their agreement ends in 1987, however, they are looking at trying to either prolong that or extend their contract or hear other recommendations. The Administration will be discussing this along with the land Union Oil has discussed purchasing. B. Borough Planning Report: Betty Glick The Borough reviewed the Nisson Subdivision No. 2 and approved a time extension and reviewed the final plat with staff recommendations which were given to Jack LaShot. The preliminary plat for Etolin Subdivision No. 2 was approved. Application was received for the placing of buoys in the Kenai River. Royal Pacific Fisheries was one of the applicants. C. City Administration Report: Bill Brighton The Harbor Commission may be going back to one meeting per month. r KENAI PLANNING AND ZONING COMMISSION Page 7 Regular Meeting, March 24, 1982 D. Corps of Engineers Report Application The request for permit is from Royal Pacific Fisheries to place 12 steel mooring buoys in the Kenai River for the purpose of mooring 125 boats during the fishing season.. This permit will be forwarded to the Harbor Commission for comment and any Planning Commissioner wishing to make comment can do so. 8. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 9. COMMISSION QUESTIONS AND COMMENTS Dr. Turner asked Mr. Brighton for an update on the letters sent to persons who were in violation of the City code. Mr. Brighton referred to the issue of the building permit that was to be obtained by Father Targonsky specifically, stating that he has not as yet come in to get the building permit. MOTION: Paul Turner moved to request the Administration address the issue 1 of the abandoned trailer presently existing adjacent to the Russian Orthodox church, seconded by Hal Smalley, Motion passed by unanimous roll call vote. There is yet one person not yet in compliance and the is Parsons. 10. ADJOURNMENT There being no further business, the meeting was adjourned. The next meeting of the Planning and Zoning Commission will be April 14, 1982 at 7:00 p.m. Respectfully submitted: Ja Loper, Sec e ary PLANNING AND Roll Call ZONING CObm4ISSI0N MEETING OF .`~ ;, '~ ~;~ '^~ _~-' ~.~ ~, ~.~ ~~~r~ ~~~ ~~\ ~\ ~v \, %/ Phil Bryson ~1 ~'' Mary Quesnel ~ ~' ' Jack Castimore ~ ;~ Lee Lewis ~ ~~ ~~~ ~ Jim Blanning ~ 1 4 Paul Turner ~ ~ ~ _ Hal Smalley ~ ~ Betty Glick (Ex-Officio)