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HomeMy WebLinkAbout1982-11-10 P&Z Minutes__} KENAI PLANNING & ZONING COMMISSION Kenai City Hall Regular Meeting, November 10, 1982 Jack Castimore, Chairman AGENDA 1. ROLL CALL 2. PUBLIC HEARINGS a. City of Kenai Ordinance 816-82, Mandatory Charges for Public Water b. Capital Improvement Requests 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES of October 27, 1982 5. OLD BUSINESS a. Cluster Housing Ordinance 6. NEW BUSINESS 7. PLANNING a. Comprehensive Plan b. FAA Dobinspeck c. Section 36 Lands 8. OTHER BUSINESS a. City Council Report b. Borough Planning Report c. City Administration Report 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 10. COMMISSION QUESTIONS & COMMENTS 11. ADJOURNMENT - ~ KENAI PLANNING & ZONING COMMISSION Kenai City Hall Regular Meeting, November 10, 1982 Jim Blanning, Vice Chairman 1. ROLL CALL Present: Jim Blanning, Lee Lewis, Mary Quesnel, Bob Roth, Hal Smalley, and Dr. Turner Absent: Jack Castimore, excused 2. PUBLIC HEARINGS a. City of Kenai Ordinance 816-82, Mandatory Charges for Public Water Vice Chairman Blanning called for public comments. Father Targonsky asked to be heard stating his views opposing the ordinance. He made such statements as: "the idea of charging people for water when they are not using city water is unfair", "a greedy, selfish idea","there are wells and they are healthy". Mr. Phil Bryson wished to take issue with several statement s: in the ordinance, 1) imlies that in quite a few situations. where structures are not hooked up, revenue will be brought in, however Mr. Bryson questions that the amount would be as much as expected and has not been investigated, 2) one justification is the welfare of the citizens where water contamination was possible. Last year this area was tested and found no polution at all. Would like to propose 1) 200' distance referred to in the ordinance cross only the individual on the property in question and not be allowed to be a straight line and not allow the person hooking up to trespass 2) the structure that is referred to in the ordinance be perpendicular to the utility being considered for charges. Mr. Bryson wished that the cost. to the individual property owner be taken into consideration when reviewing the ordinance. Vice Chairman Blanning, hearing no further comments from the public turned the discussion back to the Commission. Commissioner Turner stated that his feelings fell into line with the comments already made in that any new structures that are built be assessed .with the intent that those new structures coming in would be more inclined to use water and sewer facilities and not demand those existing structures hook up. } KENAI PLANNING & ZONING COMMISSION Regular Meeting, November 10, 1982 Page 2 MOTION: Commissioner Turner moved the Ordinance 816-82 be approved with the amendment that the sentence read, "any new structure" on page 2 line 3, seconded by Commissioner Smalley. Dr. Turner explained that the issue of the 200' line from the utility to the place of residence is a complicated one and needs to be addressed by the City, as in the case of a house sitting 300' from the line, what will be done with them, also the guidelines for sewer should be consistent with the water. MOTION AMENDMENT: Commissioner Turner moved to amend the motion to state that the 200' issue be consistent with that established for sewer, seconded by Commissioner Smalley. VOTE MAIN MOTION: Motion passed by unanimous roll call vote VOTE AMENDED MOTION: Motion passed unanimously. b. Capital Improvement Requests Vice Chairman Blanning called for comments from the public. Mr. Jerry Sibley of Peninsula Aircraft Service on the Kenai airport asked to address the commission on airport lands, private aircraft, and improvements for them. Mr. Sibley began by giving a history of attempts to gain leases on airport lands dating back to 1975 which would allow afloat plane basin on the west side of the airport. Mr. Sibley informed the commission that he had. spent money of his own in an attempt to meet .the criteria for surveys, platting, etc., in order to get the float plane basin put in to no avail. Mr. Sibley submitted plans which were generally accepted in 1979. A plan resulted from a study paid for by the City which prioritized the float plane basin as the number one item and then. tie down facilities. Mr. Sibley ~~quested th~:_.commis~ion~.lock:at the plan he had developed or at least consider a plan to get the float plane basin moving per the plan the City paid for, pointing out that the airport appears to cater to the commercial flight business and never a benefit for the private aircraft owner. Businesses that are on airport lands that are non-airport related have been allowed to develop, and in the last ten years since the master plan came out, not one penny was spent on services for private aircraft owners. KENAI PLANNING & ZONING COMMISSION Regular Meeting, November 10, 1982 Page 3 Mr ._ Sibley further presented diagrams and a plan which would not cost over $20,000 which would develop the facilities needed for the private aircraft owners. Commissioner Blanning caused for comments from the commission. Dr. Turner stated that "he would bet lunch tomorrow that Soldotna has more private aircraft than the city does". Mr. Sibley stated that 10 years ago, there were 35 private airplanes at the Kenai airport and today there are 32. Mr. Sibley went on to state that complaints had been made by Woodland residents of a noise level if the float plane basin went in and pointed out that his proposal would be 3000 yards further away then the present one runway. Commissioner .Blanning asked Chief Winston about accessibility of his fire equipment to the proposed strip. Chief Winston stated that there already was a road to that area and there would be no problem crossing the runway. The commission and Jim Swalley agreed tihat it sounded like a good idea and would be of public benefit as well as benefit the city financially. Kerry Mohn spoke on behalf of the library expansion item on the capital improvements list citing reasons why it was left off the last list and why it should be considered for this year's list. She wished the commission to take into consideration the fact that the library is out of space and that the library is used by not only Kenai residents but also residents in surrounding areas. Mark Necessary, Chairman of the Parks & Recreation Commission spoke on behalf of the Commission to .encourage the Planning & Zoning Comm- ission to adopt the list as compiled on October 28th and on their item to construct a camping area for itinerant cannery workers, delete the location of the camping area. Mr. Frank Getty referred the Commission to the petition submitted by Mr. John Williams concerning the paving of Kaknu and elaborated on the condition of the roads and ditches which is hazardous at all times of the year, with vehicles and school buses falling off the roadway and needing to be pulled out. Mr. Tom Thompson appeared on behalf of the Harbor Commission and item 23 the bulkhead and dredging of the proposed fueling facility. Mr. Thompson explained the plan to the Commission adding that the city has done nothing for the commercial trade from. the fishermen nor the recreational boaters who would be attracted to the area and our own Kenai River fishermen. Mr. Thompson noted that there are about 500 permits out KENAI PLANNING & ZONING COMMISSION Page 4 ~ Regular Meeting, November 10, 1982 representing that number of fishermen and also that a survey had been taken which indicated that the canneries unanimously wanted the city to assist in the fueling of the boats. The river now serves not only commercial fishing boats but the Kenai River fishermen, tenders, rec- reational boats, and others. The nearest docking facility is Kasilof which is deplorable. Mr. Thompson also stressed that this fueling facility is not something that will be disgarded should the harbor prove feasible, but something that will enhance the city for the present time and the future as well being a facility that will tie in with a harbor. Mr. Sibley asked why the city was interested in cannery workers when they were not supporting the city`s economy and was .answered that private property owners, businesses, and the city were having problems with them and this would be one way of controlling the problems. Mr. Jerry Hanson, a member of the library board wished to corroborate Kerry Mohn's statements on behalf of the library and went on to request consideration of a playground in the area that was the former fire training ground near the high school. Discussion ensued about the proximity of grounds available such as the ball park. He next requested consideration of a green strip along that area. Commissioner Quesnel asked to be excused to speak on behalf of the Historical Society. Mrs. Quesnel stated that .when the seniors move into the new facility the museum will be left with no maintenance or anyone to oversee it and asked that this item be considered in the list. Vice Chairman Blanning read a letter into the record written by Mr. Patrick E. Carty opposing the float plane basin on the basis of cost and availability of float plane facilities by his business, Island Lake Seaplane Basin on the North Road. Commissioner Turner pointed out that in terms of Capital Improvements people tend to think of asphalt as being a priority and hopefully with time some lasting facilities which address other needs will be looked into ranging from the harbor and the airport and recreation. 3. AGENDA APPROVAL MOTION: Commissioner Turner moved to approve the agenda with the addition of 5-b Capital Improvements, seconded by Commissioner Smalley Motion passed unanimously KENAI PLANNING & ZONING COMMISSION Page 5 ~ Regular Meeting, November 10, 1982 4. APPROVAL OF MINUTES of October 27, 1982 Minutes were approved with no corrections or additions 5. OLD BUSINESS a. Cluster Housing Ordinance This item was placed on the agenda by Chairman Castimore, however he could not be present. MOTION: Commissioner Smalley moved to table this item to be brought back at the next meeting, seconded by Commissioner Roth There were no objections b. Capital Improvement Projects This item was added to allow for the prioritization of the Capital Improvement list with the recommendations and wishes of the public. ~ MOTION: Commissioner Smalley moved unanimous consent of the additional Capital Improvement items. starting from items 22 through 41 as follows: item 22 Beaver Creek Fire Station, 23 ski grass-dirt strip, 24 float plane basin, 25 runway extension (memo of 11/2) 26 apron overlay (memo of 11/2) 27 bulkhead and dredging at boat ramp site, 28 path to the beach and bridge repair, 29 Robin Dr., 30 Kenaitze Court, 31 Eagle Rock Road, 32 Sandpiper Lane, 33 Tern Place, 34 Strawberry Rd. South, 35 Alpine, 36 Juliassen Street,37 Ames Road, 38 Barabara Dr., 39 Angler Drive, 40 Camping area, 41 Complete addition to racquetball court, with the request that item 23 be started as soon as possible, seconded by Commissioner Roth. Motion passed with unanimous consent Commissioner Turner thanked the public and commissioners that have worked so hard on this list and requested that this list go to the Council with a -copy of the previous resolution regarding Capital Improvements. Vice Chairman-Blanning requested Commissioner Smalley be placed on the Council agenda for presentation of this list. KENAI PLANNING & ZONING COMMISSION Page 6 Regular Meeting, November 10, 1982 6. NEW BUSINESS None 7. PLANNING Chairman Castimore had asked that this item be added to the agenda, however he is unable to attend the meeting. MOTION: Commissioner Turner moved to table this item to be brought back at the next meeting, seconded by Commissioner Smalley. There were no objections 8. OTHER BUSINESS This item was passed as there were no representatives present. 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD Father Targonsky asked to speak on the possibility of broadcasting the P & Z meetings since the Council had suggested more publicity. Vice Chairman Blanning suggested that it was not in the perview of the Commission and should be taken to the Council. 10. COMMISSION QUESTIONS & COMMENTS Commissioner Turner stated on pages 30 - 41 in the Comprehensive Plan should be reviewed. The second item would be that the Sign Resolution was not addressed earlier and asked that it be now. MOTION: Commissioner Turner moved to adopt Resolution 82-34, seconded by Commissioner Smalley. Vice Chairman Blanning commented that this was a well written and well put-together resolution and thank you for the hard work. The Commission agreed. VOTE: Motion passed with unanimous approval 11. ADJOURNMENT There being no further business the meeting was adjourned to November 27, 1982 at 7:00 p.m. Respectfully submitted: ti.2-~~ J et Loper, Secretary CITY OF KENAI "~ ~ ~ ~ ~ P. O. 80X 580 KENAI, AIASKA 99611 TELEPHONE 483 • 7535 MEMO T0: P & Z Commission FROM: Charles A. Brown, .Finance Director SUBJECT: Mandatory Charges for Water & Sewer DATE: October 25, 1982 Based upon the Administration's request, Ordinance No. 816-82 has been referred to P & Z by the City Council. This Ordinance was scheduled to be introduced on October 20, 1982, but Council declined introduction pending your review. Essentially, this ordinance would require that the City charge an owner of a building for water if the building abuts a street containing a water main, and the building is within 200' of the main. We estimate that perl-aps 150 to 200 buildings would be included in this category (that are not presently hooked up to water). A similar number would apply to sewer. There already exists in the City code (KMC 17.15.010) a mandatory connection to sewer if the building is within'=200' of a sewer main. A mandatory charge is not mentioned, but the City Attorney believes that such a charge is implied by the connection requirement (when, in fact, the requirement is not complied with). One of the terms of the grant from DEC for the sewer treatment plant expansion is that "the sewer use ordinance shall require connection to a public sewerage system if one is available within 200 feet of any structure from which sewage is generated." A copy of the state law is attached. The purpose of asking P & Z to review this ordinance, I believe, is to assist Council in determining: 1) the desirability of a mandatory water charge, 2) if the charge should apply under the same circumstances as the sewer charge would apply (that is, if the structure is within 200 feet of the main), 3) the implications if a structure is within 200 feet of a main, but the main does not extend to directly adjacent to the property. Register 69, April 1979 ENVIRONMENTAL CONSERVATION CHAPTER 72. WASTEWATER DISPOSAL Section 10. Surface waste disposal restrictions 20. Subsurface wastewater disposal restrictions 23. Minimum treatment 24. Implementation and enforcement plan 30. Pretreatment 40. Sludge disposal , 50. Connections prohibited to overloaded facilities 60. Plan review 65. Subdivision plan review . 68. Waiver of subdivision plan review in qualified jurisdictions 70. Operational reports 80. Emergency notification 90. (Repealed) 100. Definitions 18 AAC 72.010. SURFACE WASTE DISPOSAL RESTRICTIONS. (a) No person may conduct an operation which results in the disposal of wastewater into or upon the waters of the state or surface of the land without obtaining a waste disposal permit from the department under AS 46.03.100. A permit will be granted upon a finding that the disposal will meet the requirements of this chapter and ch. 70 of this title. However, the department will, in its discretion, require further waste treatment above that specified in 18 AAC 70.080 or, where necessary, prohibit the disposal of wastewater in order to protect sensitive receiving environments. (b) No person may cause or allow the discharge of wastewater or other wastes in any manner which results in violation of the Water Quality Standards found in ch. 70 of this title. (c) No person may cause or allow the deposit of garbage, refuse, spoils, excrement, animal carcasses or other wastes to waters of the state or to land nearby those waters so that the matter or leachate from it may enter the surface waters of the state, unless permitted by the department under AS 46.03.100, and the department finds that the deposit will not result in a violation of this chapter or of the Water Quality Standards found in ch. 70 of this title. 18 AAC 72.010 18 AAC 72.020 (d) No person may cause or allow the discharge of septic tank or package plant effluent, or primary treated or raw sewage to the surface of the land, unless permitted by the department under AS 46.03.100 or AS 46.03.720, and the department finds that (1) the discharge will not cause or tend to cause water or land pollution; and (2) the proposed method of treatment of which land surface disposal is part will provide the equivalent of secondary treatment; in no event will the department permit the discharge of raw sewage to the surface of the land. (e) No ,person may cause or allow the discharge of stormwater, silty water from construction dewatering efforts, gutter runoff, or street runoff to a sewerage system designed to contain only sewage or waterborne industrial waste. (f) No person may cause or allow the discharge of oil, petroleum products, or industrial solvents to a sewerage system designed to contain only sewage or stormwater. (Eff. 8/10/73, Reg. 47; am 2/3/77, Reg. 61) Authority: AS 44.46.020(2) AS 46.03.020(10)(A) AS 46.03.020(10)(D) AS 46.03.020(10)(E) AS 46.03.050 AS 46.03.070 AS 46.03.080 AS 46.03.100 AS 46.03.710 AS 46.03.720 18 AAC 72.020. SUBSURFACE WASTE- WATER DISPOSAL RESTRICTIONS. (a) No person may discharge wastewater into the ground by well, crevice, sinkhole, gravel pit or depression, or any other opening, whether natural or manmade, unless that person has previously complied with the requirements of sec. 60 of this chapter. This prohibition does not extend to gas, air, water or other extraneous fluids injected or reinjected into the producing formation to aid in the extraction of petroleum products from the ground. 18-18.3 (b) No person may construct, install, or use a septic tank, package plant, or soil absorption ` Register 69, April 1979 ENVIRONMENTAL CONSERVATION system if a community sewerage system is available within 200 feet of the structure from which sewage is generated. This prohibition does not apply to the use of a septic tank, package plant or soil absorption system which meets the requirements of this chapter and ch. 70 of this title, and which is completed before the availability of the community sewerage system, if the septic tank or package plant, and any accompanying soil absorption system, continues to meet the requirements of this chapter and ch. 70 of this title. (c) No person may construct or install a septic tank, package plant or soil absorption system in such a manner that a water supply is in danger of becoming contaminated or that does not meet the requirements in 18 AAC 80.020(d). (d) No person may construct or install a septic tank and soil absorption system or privy within 100 feet, measured horizontally, of any natural or manmade lake, river, stream, slough, or coastal water of the state. The department will, in its discretion, require further separation if necessary to protect sensitive receiving environments. (e) No person may construct, place, or install a septic tank or sewer line in the ground, either directly above, directly below, or within 10 feet, measured horizontally, of a water supply pipe. If sewer lines and water supply pipes must cross, the sewer lines shall be constructed of cast iron, ductile iron, or equivalent with watertight joints for 10 feet on both sides of the water supply pipes. (f) No person may construct or install a septic or holding tank for a dwelling unit or units containing a total of three or less bedrooms served by the septic or holding tank with a liquid capacity of less than 1,000 gallons. For each additional bedroom served by the septic or holding tank in excess of three the tank size shall be increased by 250 gallons per bedroom. (g) No person may construct or install a sewer line with a diameter of less than eight inches without prior written approval from the department. (h) No person may construct, install, maintain, or operate a septic tank or soil absorption 18 AAC 72.020 system in permanently frozen ground. (i) No person may construct or install a cesspool. (j) No person may construct, install, or use a septic tank or package plant with soil absorption system in soils not suitable for effective absorption. (1) The vertical separation from the lowest part of the trench or pit for the soil absorption system, or discharge pipe for a soil absorption system constructed in gravelly soils without a definable trench or pit, to the water table, as measured during the season of the year with maximum water table elevation, shall be four feet or greater. (2) The vertical separation between the lowest part of the trench or pit for the soil absorption system, or discharge pipe for a soil absorption system constructed in gravelly soils without a definable trench or pit, and the underlying bedrock, clay, or other impermeable strata shall be six feet or greater. (3) The size, design and dimensions of the soil absorption system shall be based upon characteristics of that soil in which it is to be used. (4) The department will, in its discretion, require that soil tests and borings be submitted and certified by a professional engineer registered in the State of Alaska. (k) No person may construct or install a soil absorption system within 75 feet of the top, measured horizontally, of a .cut or fill bank exceeding six feet in height, measured vertically, unless permitted by the department under AS 46.03.720, and the department finds that the construction or operation of the system will not cause or threaten to cause water or land pollution. (I) No person may construct or install a holding tank unless permitted by the department under AS 46.03.720 and, in the department's opinion (l) the presence of permafrost precludes the use of an approved soil absorption or other 18-18.4 CITY OF KEN AI P, O. bOX 580 KENAI, ALASKA 99611 TELEPHONE 283 • 7535 November 2, 1982 T0: Kenai Planning & Zoning Commissioners FROM: Jack Castimore, Chairman As you will note there is a new item added to the agenda, ~~7 Planning. According to the 1980 Comprehensive Plan, ,,page 30, it states .that the Planning & Zoning Commission should "hold at least one annual j public hearing to review'"the comprehensive plan". Please bring your copy''of the 1.980 Comprehensive Plan and any material you have received regarding Section 36 to the next meeting on Wednesday, November 10. If you do not have copies of the material please call Janet at 283-7539. jal PLANNING AND ZONING Cn~LtitISSION MEETING Op ~ ~~ id ~~~ Roll C a I 1 ~ ,~~~ ~' (N ~ `(~ , ~~ ~' ~ ~ ~, Chairman ~ Jack Castimore ~~ Vice Chairman ~` t \ Jim Blanning ~~ \ V ~ ~. Mary Quesne 1 J `I r `' ~ ~ ~ `~ Lee Lewis ~ Dr, p aul Turner ~ ~ - \\ a I Hal Smalley Bob Roth t Ex-Off ' y ~ ` ` t icio t '~ L