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HomeMy WebLinkAbout1983-04-27 P&Z Minutes1~~®~~ KENAI PLANNING & ZONING COMMISSION Regular Meeting, April 27, 1983 Kenai City Hall Chairman, Lee Lewis AGENDA 1. ROLL CALL 2. PUBLIC HEARING a. Conditional Use Permit: (Extraction of Natural Resource) Union Oil Company Cannery Loop Well 4~4 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES of April 13, 1983 5. OLD BUSINESS a. Resolution PZ83-22, Townhouse Ordinance 6. NEW BUSINESS a. Lease Application: Tract A Shadura Subdivision - Jess & Catherine Wade, for parking b. Lease Application: Portion of Lot 3, Block 1, Spur Sub. No. 1 - Walter Church & Fred Paxton, for bowling alley c. Lease Application: Gusty Sub. Block 1, Lot 5, Patrick J. & Mary J, Doyle, for car. wash d. Preliminary Plat: PZ83-24, Cone Addition e. Discussion: Vacation Request, Alleyways, Utility Easements & Lot Lines in Black Gold Sub. Lots 4 - 10, 18, 19, Kenai Native Association f. Discussion: Concept Development Proposal - Spur Sub. No. 3-4, Lots Adjoining the Senior Citizens Center, L.E. Porter & Mike Schupe for Restaurant g. Discussion: Concept Development Proposal - Land Adjoining Lawton Drive, Henning Johnson, residential ~ h. Discussion: Performing Arts Center - Dr. Terry Haus 7. PLANNING 8. OTHER BUSINESS a. City Council Report b. Borough Planning Report c. City Administration Report d. Other ~~ KENAI PLANNING & ZONING COMMISSION Page 2 AGENDA 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 10. COMMISSION QUESTIONS & COMMENTS 11. ADJOURNMENT * Dr. Haus did not submit material concerning the Performing Arts Center. He is asking for discussion only at this time. KENAI ADVISORY PLANNING AND ZONING COMMISSION Regular Meeting, April 27, 1983 Kenai City Hall Chairman, Lee Lewis 1. ROLL CALL Present: Lee Lewis, Phil Bryson, Chris Monfor, Ozzie Osborne, Hal Smalley Absent: Bob Roth,excused 2. PUBLIC HEARING a. Conditional Use Permit: (Extraction of Natural Resource) Union Oil Company Cannery Loop Well ~~4 PZ83-22 Chairman Lewis introduced the resolution and read the letter to the audience. Jeff Labahn further explained the resolution restating the criteria that had to be met. Mr. Kevin Tabler and the Union Oil engineer were present to answer questions. Commissioner Bryson stated that in the recent past there was some question of the interpretation of the ultimate disposal of drilling mud, etc. and asked Mr. Tabler to expand on that. The Union Oil engineer, Larry Cutting stated that the controversy has been put to rest with the DEC, there was some concern that the reserve pits that are being used in the Cannery Loop unit as well as Kenai gas field and used throughout Alaska was being used as an ultimate disposal for reserve pit for drilling muds. That has been resolved to the point that the reserve pits themselves are used as a storage basis to the point that they have become completely buried. At that time we will have to receive a permit. Until then they are used __.,..® as part of the drilling activity. Cannery Loop No. 2 well has been abandoned and was approved by DEC, and two reserve pits, Cannery Loop No. 1 & 3. Commissioner Bryson asked if the State were revising their permitting in that area, Mr. Cutting stated that DEC is evaluating toxic and hazardous waste, they are evaluating whether drilling fluid should be under that classification. Indication is that DEC has come to an agreement upon it. From all research, drilling fluids that are normally used are not toxic. There are some cases where additives such as emulsified oil based fluids where there are some problems, but normal water based fluids are not toxic nor hazardous. Mr. Tabler indicated that what Union Oil will use is a steel reserve pit. Commissioner Bryson asked if Union Oil is proposing fencing with the initial site work or a latter phase project. Mr. Cutting stated that what they usually do, using Cannery Loop ~~ 1 & 3, both wells have been shut in, they have not been abandoned, they are still in a temporary status. It has been their tradition to fence those in to fence those in to protect KENAI PLANNING & ZONING COMMISSION Regular Meeting, April 27, 1983 Page 2 ourselves as well as the public from any hazard. This particular well will not have the reserve pit, will not have the hazard there but they will still fence it in around the wellhead itself. Chairman Lewis called for questions from the audience, Mrs. Loretta Breedon stated that she was in support of the well site. Mrs. Breedon asked if all care would be taken of artesian wells in the area. Mr. Cutting stated that it would be a state requirement and further that the first string of pipe would be pushed into the ground approximately 100' and the aquaflow in that area is in the area of 130'. The next string of pipe will be drilled through, with drilling muds will hold the waters into the aquaforth until. the first pipe is set, at that point cement will be placed around that casing and will contain the hold between the casing and the rock itself all the way back to the surface with 2 more sets of casing cemented to the surface, this to ensure there will be no waters going between formations. Chairman Lewis called for further questions or comments, there being none, public hearing .was ..declared closed. MOTION: Commissioner Bryson moved to approve resolution PZ83-22 finding that the use is similar to the principal uses in that zone, in harmony with the intent of the zone, and the city would be benefitted from the development per the written statement and the buffer will be provided as stated, seconded by Commissioner Osborne. Jeff Labahn asked the applicant with .regard to the fencing, the original letter stated that there wouldn't be any fencing and the fencing that has been proposed will be around the well site, how large of an area would that be. Mr. Tabler stated that it would be approximately 200' x 300' so the fenced area would correspond to the pad area as indicated on the map. VOTE: Motion passed with unanimous approval. 3. AGENDA APPROVAL There being no additions or deletions, the agenda was given unanimous approval 4. APPROVAL OF MINUTES of April 13, 1983 MOTION: Commissioner Bryson moved to approve the minutes as submitted, seconded by Commissioner Monfor. Minutes were approved unanimously KENAI PLANNING & ZONING COMMISSION ~~ Regular Meeting, April 27, 1983 Page 4 a portion of this tract is to gain legal access to the building. Commissioner Bryson stated that he would like to wait, if time were not essential until maps could be found showing the relationship of the land, building, and ROW, in that there is no way of telling if the Commission is acting detrimentally toward other property owners and the public. Jeff Labahn stated. that eventually the land will be subdivided and a survey will have to be done at that time. Commissioner Monfor asked. for clarification on sale vs lease lands. Since the direction of the city is to rid itself of land, why are there so many leases. Bill Brighton explained that there are some lands that the FAA will not release for sale but will lease and these leases fall into that category. Councilman Wise further explained that the FAA has to release lands from airport related activity, an example being the Tesoro gas station, and until there is a request, there is no reason for the city to secure a release of the land. MOTION: Commissioner Bryson moved to table the lease application of Tract A Shadura Subdivision until the next regular scheduled meeting at which time administration, working with the applicant will present a layout showing proposed tracts in relationship with the existing ROW, seconded by Commissioner Osborne. Motion passed unanimously b. Lease Application: Portion of Lot 3, Block 1, Spur Subdivision No. 1 for bowling alley Jeff Labahn presented material. that had come to the administration late the same day, it included a copy of the layout and. design. Mr. Fred Paxton came forward representing the lease application to answer questions. Chairman Lewis asked if the lease application is approved, what is the time of begining construction, Mr. Paxton stated he hoped to start by May 15th, with the doors open by September 1st of this year. Commissioner Bryson asked if the parking area was to be paved, Mr. Paxton stated it was in phase one, the primary reason being for adequate snow. removal. Chairman Lewis asked if access was to be off Beaver Loop Road, Mr. Paxton agreed, with the access to be in the utility easement. Trees are to be left as a buffer strip along the Spur Highway to deter anyone gaining access at that point. Commissioner Monfor asked what type of siding was planned, Mr. Paxton stated it was to be a block building with glass to be on the front and both sides. The building will face Beaver Loop with the long side facing the Spur. KENAI PLANNING & ZONING COMMISSION Page 5 Regular Meeting, April 27, 1983 Commissioner Bryson asked how it fit in to the adjacent area, i. e. the frontage road, the area across Beaver Loop and across the Spur as well as behind the lot. Jeff Labahn described the surrounding .area, pointing out that there would be a slight jog from Frontage Road and the proposed entrance. Jeff Labahn also stated that the Commission should take a look at some type of interior circulation pattern to service any more parcels. Right now, there probably is no problem with this parcel, but looking at the future-there is a need for a plan to guide subdivision activity. Discussion followed regarding the intersection, alignment of Frontage Road, MOTION: Commissioner Bryson moved to approve the concept lease application of Walter Church and Fred Paxton, seconded by Commissioner Osborne. Chairman Lewis noted room for possible expansion of 8 more lanes and asked when this would be. Mr. Paxton stated that he wanted to first get the doors open and the project under way and if the need is there to go ahead with the expansion. .The building will be constructed so as to look like one large building and not a thrown on addition. Councilman Wise asked if a bar was planned and if a liquor license was to be obtained, Mr. Paxton answered yes. Councilman Wise pointed out that approval of the lease did not ensure the issuance of the liquor license. Mr. Paxton stated that a snack bar was planned with possibility of a restaurant later. Commissioner Monfor stated that that peice of property is one of the finest peices in the city of Kenai and when the building is constructed it would be hoped that this will be kept in mind as this will be the first thing that people see when they enter the business district. Mr. Paxton stated that he expected this building to be an asset to the city rather than an eyesore. VOTE: Motion passed by unanimous roll .call vote Commission took a short break. Chairman Lewis asked that Dr. Terry Haus, Item 6-h be taken out of order at this time, there were no objections. h. Discussion: Performing. Arts Center - Dr. Terry Haus Dr. Haus explained that he was representing a group of music teachers KENAI PLANNING & ZONING COMMISSION Regular Meeting, April 27, 1983 Page 6 that are incorporating into a group for credibility purposes and are hoping to put together a performing arts center for Kenai and Soldotna and are in need of places to teach, to practice, to perform dance and a recital hall the recital hall to seat 100 - 200. The City Council had been approached and he had been informed that the land set aside by the city was for community arts center. Dr. Haus stated that he did not desire funding for the center nor asking for decisions, but to discuss at this point and return at the next meeting with plans for a building should there be land available. Chairman Lewis stated that perhaps he should start with the land manager to see if land is available. Chairman Lewis stated that if everything was in order it would certainly be taken into consideration. c. Lease Application: Gusty Subdivision Block 1, Lot 5, Patrick & Mary Doyle for ear wash Jeff Labahn stated that this subdivision had been replatted and has been approved at the Borough. This lease is similar to the Wade lease, the land being available for lease only. MOTION: Commissioner Bryson moved approval of lease application of Patrick & Mary Doyle for Gusty Subdivision as described, seconded by Commissioner Smalley.. Councilman Wise brought up a drainage and sewerage issue in that a car wash would generate heavy use with heavy substances. It was suggested that the city engineer be contacted to see if any adverse affects would come from the indicated use. VOTE: Motion passed unanimously. d. Preliminary Plat: PZ83-24, Cone .Addition Jeff Labahn introduced the plat. and amplified the administrative comments in that at this point the subdivider has not submitted any road construction plans. to be reviewed, these must be submitted to the city prior to final approval. The half ROW's are clearly not a desirable situation, it is allowed. by Borough ordinance therefore the engineer will work with the developer on reaching an agreement, pending receipt of construction plans. A minor change would be to change the street names in conformance with the official name and the applicant has indicated that he will change the name to perhaps Tundra Rose. The plat has already been reviewed and approved by the Borough, subject to the comments and recommendations of KENAI PLANNING & ZONING COMMISSION Page 7 Regular Meeting, April 27, 1983 the Kenai planning commission. MOTION: Commissioner Bryson moved to approve PZ83-24 and road agreement be made with the city concerning the requirements for road construction and that the names and numbers be in conformance with city recommendations, seconded by Commissioner Smalley. VOTE: Motion passed unanimously. e. Discussion: Vacation Request, Alleyways., Utility Easements & Lot Lines in Black Gold Sub. Lots 4-10, 18, 19, Kenai Native Association Jeff Labahn stated that this request is being presented as a matter of information to alert the city to the fact the KNA has asked for a replatting and the designated areas to be vacated, which in effect would erase those interior lot lines within the boundary. This petition goes before the Borough Planning Commission and from the date of that hearing the Council has 30 days to appeal the decision if they so desire. The City does not have any utilities within the outlined area. Commissioner Bryson stated that there is an area of frontage road that is apparently dedicated along the Wildwood Road, what is the current status of Wildwood Road, is it state or city and what would be the impact if; that portion adjacent to block 8, 9, 10 were vacated. Commissioner Bryson stated that he personally knew that this goes back many years because this had to be revised due to this frontage road. If Wildwood does not belong to the City, perhaps vacation of that portion could encourage the acquisition. Given that this area is now commercial and the rest of the area is residential apparently the frontage road is used to front residential property at some time it might be just as appropriate to drop back to lot 11. Commissioner Bryson asked if objection or non-objection is needed, that is, and it will be coming back as a plat if approved. f. Discussion: Concept Development Proposal - Spur Sub. No. 3-4, Lots Adjoining the Senior Citizens Center, L.E. Porter & Mike Shupe for Restaurant This concept deals with airport lands that are unsubdivided and purchase is desired of approximately 2 acres to develop a restaurant. To be considered is the property has not yet been released by the FAA for sale or lease for non-airport uses and second is the potential of locating the Pioneer Home in that general vicinity. The state mandates 5 acres KENAI PLANNING & ZONING COMMISSION } Regular Meeting, April 27, 1983 Page 8 for this type of activity. Assuming that this land would be released for private sale it would take some degree of redesigning to accomodate both proposals. Councilman Wise stated that a subcommittee of the Council discussed the need and possibility of a pioneers home, a needs assessment was done which indicated that there may well be such a need. It was discussed placing the pioneer home near the senior center which would provide some of the recreational amenities that a pioneer home would need, and the land made available at no cost to entice the state to locate in Kenai. Discussion followed concerning locations for both proposals and development plans surrounding the site. It was the concensus of the Commission that this item return at the next meeting with maps and material and tzhat administration come back with an idea of flexibility on the FAA tract, including any plans for a pioneer home. .Bill Brighton explained that even by piecing that whole area there would not, in all probability be 5 acres to meet the state criteria for the pioneer home.. g. Discussion: Concept Development Proposal - Land Adjoining Lawton Drive, Henning Johnson, Residential Jeff Labahn explained that the City has received release from FAA to the land described above. .The City has been in contact with a surveyor who proposes the described subdivision into lots with 80' of frontage on Lawton between Rogers and Walker. One of the criteria for making this residential is that developers in the. city have voiced a concern over the lack of lands for building which have the City utilities. This brought up the subject of having to tear up the paving and curbs to put the water & sewer in. MOTION: Commissioner Bryson moved to recommend the subdivision of tracts along the north side of Lawton Street for residential uses, seconded by Commissioner Smalley. VOTE: Motion passed unanimously 7. PLANNING a. Discussion of Dimensions of the Church Lease Application Commissioner Bryson. had asked that this item be discussed after the approval of the lease as a separate item in that a problem exists with access to that lot. KENAI PLANNING & ZONING COMMISSION Page 9 Regular Meeting, April 27, 1983 Commissioner Bryson explained that his concern for the site was that Mr. Church be made aware of the water & sewer easement location so that it would not interfere with the placement of his building and rotating the lot 90° to align with Frontage Road. The concern with Frontage Road is that if they were not aligned, a situation would be created similar to the Carrs Mall and Frontage Road on that end where there is a jag created, cars pulling out of the mall from Frontage Road have a tendency to "get lost" out in the middle of the Spur Highway and this same situation would be created on Beaver Loop since Arbys will be going in on the Beaver Loop corner. Councilman Wise reiterated by asking if the water & sewer were going to run .from Thompsons corner through to Walker Road which it is. The property along the Spur is so valuable this may be a low level use, even with a double frontage. Jeff Labahn felt that whatever development goes into that area, we as a City should make sure that we have some type of decent circulation to and through that property regardless of the use. Commissioner Smalley stated that with an interior access at least there. would be access to the south and east property. Commissioner Bryson noted that there has been some talk of widening the radius of some of the main arteries which means taking corners which would be widended to accomodate the radius from corner lots which in turn would be a consideration for constructing the bowling alley back away from the corner. Councilman Wise mentioned the fact that Arby's will be building right on the corner at Thompsons which further complicates that corner. Eventually the DOT will probably prohibit left hand turns at that intersection. The whole thing may be solved by turning his lot as discussed earlier, 90° without destryaying his whole :.-plan. MOTION: Commissioner Bryson moved to ..recommend that the. administration negotiate with the applicant for proposed Walter Church lease concerning orienting the lot with the logical flow of traffic crossing Beaver Loop Road, seconded by Commissioner Smalley. Bill Brighton asked where the idea for a frontage road came from, Councilman Wise explained that originally it was to ensure access to back lots, however that was before the City obtained Daubenspeck, there were no back lands or lots before that time where there are now. Bill Brighton stated that his biggest and real concern is that Mr. Church not be placed in a position that he must acquire more real estate or it becomes too costly, and second that this not delay his project as he wanted to begin business this summer. Commissioner Bryson stated that the money was already allocated to survey the land and a plat will come back, however, the Commission should be beyond that point, i.e., there should be some type of plan before an applicant gets to a place where he is drawing up plans and sketches which are costly. Motion. passed unanimously. KENAI PLANNING & ZONING COMMISSION ~~ Regular Meeting, April 27, 1983 Page 10 The Commission wanted it understood that the lease was approved and this motion did not change that approval., merely set a guideline and suggestions. The administration has already given authority to go ahead with the plat as they see fit. 8. OTHER BUSINESS a. City Council Report A charter amendment has been proposed for assessments which provides for 100% assessments for all .property owners affected, waive their rights and opens up the possibility for assessments districts in certain areas. b. Borough Planning Report At this point there is no one appointed for the Borough. c. Administration Report Jeff Labahn stated that at the last meeting, the parking for the Battered Women's Center was discussed and was.. to return to this meeting. The situation has been gone over by administration and it was determined that ~ the most similar use would be hospital, resthomes, etc and the criteria for that would be used and the parking as submitted in the drawings will more than satisfy. The Borough approved the Kenai Zoning Map and it will now go to the Borough Assembly. A report on the trip to the National Planning Convention in Seattle will be at the next meeting. Alot of material was obtained that will be helpful. Bill Brighton stated that there is a 5.9% increase in the budget which is doing very good. Council is still in work sessions for the budget. 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 10. COMMISSION QUESTIONS & COMMENTS 11. 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