Loading...
HomeMy WebLinkAbout1984-03-28 P&Z Minutes_,~ , f KENAI PLANNING & ZONING COMMISSION March 28, 1984 Kenai City Hall Lee Lewis, Chairman "~ f'q AGENDA 1. ROLL CALL 2. AGENDA APPROVAL 3. PERSONS PRESENT SCHEDUL ED TO BE HEARD 4. PUBLIC HEARINGS a. Kenai Zoning Code - Proposed Draft (bring your materi al) b. Conditional Use Pe rmit Application: Portion of Gov't Lot 5, Sec. 2, TSN, R11W, S.M. - for Extraction of Gravel - Olson & Beaudoin c. Conditional Use Pe rmit Amendment: Go v't Lots 1-4, Sec.3, TSN, R11W, S.M., excluding NW 1/4 Gov't Lot 4 - Gravel Extraction - City of Kenai ~ ~ ~ ,~/~, 7 ~, OLD BUSINESS a. Lease Application: Portion Tract B, CIIAP S/D No. 2 - Retail Mall/Office Condos - Howard, Garner, & Smith b. Lease Application: Tract A, GAA S/D No. 2 - Aviation Center - Kenai Air Alaska 7. NEW BUSINESS a. Preliminary Plat PZ84-15: Wandering Channel S/D b. Preliminary Plat PZ84-16: Rutherford Tract A - Snowbird Estates Addition c. Discussion: Review Zoning Map and Land Use Plan - Forest Drive & 2nd Avenue Vicinity PLANNING AGENDA March 28, 1984 Page 2 8. PLANNING a. Discussion: Section 36 Lands 1) Status Report 2) Subdivision Name 3) Street Names 9. REPORTS a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS a. Council Agenda 3/21 b. Section 36 Draft Sale Brochure c. CSSB 417 - Kenai River Management (Jeff will hand out info at meeting) d. Mobile Home Information (bring your brochure) 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT ~~ KENAI PLANNING & ZONING COMMISSION March 28, 1984 Kenai City Mall Lee Lewis, Chairman 1. ROLL CALL Present: Lewis, Bryson, Carignan, Osborne, Smalley, Zubeck Absent: Oleson, excused NOTE: Councilman Wise not in attendence due to a Council committ- ment 2. AGENDA APPROVAL Ttem 5, Approval of Minutes was missing; Agenda approved with the correction 3. PERSONS PRESENT SCHEDULED TO BE HEARD None ~ 4. PUBLIC HEARINGS a. Kenai Zoning Code - Proaosed Draft The draft before the Commission includes the latest revisions. To keep within the time line, the preliminary draft needs to be approved to go on to the City Council in ordinance form for adoption. Public hearing notices have appeared in the Clarion and Cheechako News. Mr. Labahn's recommendation was to move to adopt and then recommend adoption to the Council. Chairman Lewis opened comments to the public. Hearing none, Chairman Lewis opened discussion from the Commission. Commissioner Bryson noted that on page 52 it should read Maximum instead of Minimum. The Commission agreed, it appears to be a typographical error. Commissioner Bryson noted that there were no changes in the mobile home section, Mr. Labahn stated that this section will be worked on in future. Chairman Lewis agreed that this section needed revising as he could find no justification for the way the mobile home zones were designated. Mr. Labahn stated that he would try to have a possible substitution ready far review. PLANNING & ZONING COMMISSION March 28, 1984 Page 2 MOTION; Commissioner Bryson moved to recommend to the City Council that Chapter 14.20 of the Kenai Zoning Code be adopted into the City Code, seconded by Commissioner Smalley. VOTE: Motion passed unanimously. b. Conditional Use Permit Application: Portion of Govt Lot 5, Sec. 2, TSN, R11W, S.M. -for Extraction of Gravel - Olson & Beaudoin Portions of the code which deals with the referenced subject were passed out to the Commission before the meeting by Mr. Labahn. Mr. Beaudoin came forward to explain his operation to the public and the Commission in more detail. Mr. Beaudoin proposes to put in a concrete plant on the site and expect to extract 94,500 yards of aggregate. Along with the plant operation, Mr. Beaudoin planned to clean up the site, there being large stockpiles left, high berms, the ditches need to be worked on, and a settling pond. Most of the excess water will be drained back into the river. Chairman Lewis opened discussion to the public. Mr. Henry Johnson came forward to speak. Mr. Johnson identified himself as a property owner adjacent to the site in question and wished to voice his opposition to the proposal. Historically, there have been alot of abuses at the pit. Mr. Johnson had brought a suit against the asphalt company using the pit due to such problems as operating hours, (trucks and equipment running throughout the entire night) tearing up roads, breaking windows, becoming hazards on the road with reckless driving of the big trucks, etc. The operators had started a big fire during a fire ban time and the fire department responded, putting the fire out, however the site was ruined. Mr. Johnson tried speaking to the operators and was run off the property, he then tried to work with the City Manager at the time and eventually the operation was shut down. Under Grandfather Rights, the owner is not to expand or change the use and this has been done with no recourse. There is no indication or guarantee that the present applicants will be any different and objects on these grounds. Mr. Dave McKechnie came forward indicating that he was a property owner and lives at the end of Ames Road. Mr. McKechnie stated that the previous owners encroached on his property by their ~ digging. The pit has definitely been expanded so where are the grandfather rights. Mr. McKechnie has worked on his property, filling in the ditch which has erroded the back portion of his ') KENAI PLANNING & ZONING COMMISSION March 28, 1984 Page 3 property, and planted vegetation in an effort to reclaim. There is no guarantee that the present applicants would be any dif- ferent than the former and without a guarantee would be against the approval of the application. Such things as hours of operation would have to be mandated as 3 a.m. is no time to be awakened by big trucks. The dust is another problem that is not minor by any means. Also feels the Commission should address the impact on the river of the drainage of runoff as explained by Mr. Beaudoin. Mr. Carl Green of 909 Ames Road spoke against the application for all the same reasons as stated plus the fact that the area is zoned residential and wants it to remain without businesses such as the gravel pit. There are alot of places other than residential, i.e. this close to houses, that would be suitable for a cement plant. Mr. Nick Miller stated that he was aware of the pit and is opposed to it. There have been several temporary operations there. Mr. Miller stated that he is opposed to the operation if the conditions of the operation are the same as they were, i.e. hours of operation, dust, trucks run in a reckless manner, etc. Every operator has promised reclaimation but none have yet done it, leaving a real mess. Chairman Lewis closed the public hearing portion and returned discussion to the Commissioners. Commissioner Smalley stated that he is a resident of Ames Rd. and agrees with the comments made indicating further that there are lots of problems and none have gotten any better. Also indicated "grandfather rights" as meaning the pit is not to be expanded and there is no doubt that it has been. Commissioner Carignan noted that the 10 requirements are specific and further that the owner of the property is still listed as Cone. MOTION: Commissioner Bryson moved to request postponement and that the applicants work out the objections as stated by the publicf and return to the Commission upon completion, seconded by Commis- sioner Osborne. Commissioner Smalley asked Mr. Beaudoin about access points and his plans on reclaimation, Mr. Beaudoin cited the Holt Road pit as an example and invited the Commission and public to view the location. KENAI PLANNING & ZONING COMMISSION March 28, 1984 Page 4 Commissioner Carignan supported the idea of the applicants getting together with the property owners and asked how binding the agreements would be. Mr. Labahn explained the procedure and enforcement also indicating that there is a yearly review of pits by the Commission. Further 1) Mr. Cone needs to be a co-applicant since he is the property owner, 2) item 8, that plans and a guarantee be reached, 3) property owners and their concerns on encroachments be addressed. VOTE: Motion passed with unanimous approval c. Conditional Use Permit Amendment: Gov't Lots 1-4, Sec. 3, TSN, R11W, S.M., excluding NW 1/4 Gov't Lot 4 - Gravel Extraction - City of Kenai Jeff Labahn intraduced this amendment by explaining that the City uses this pit because it is the only sand pit the City has available for street sanding in the winter. Several parties have been interested in a portion of the lots described including the Burnetts who have requested the amendment. In the case of the Burnetts, they would like to extend the proposed subdivision into portion of these lots. Chairman Lewis opened the hearing for public comments. Jill Burnett came forward stating that they are residents of Candlelight and Kiana and own property at the end of Candlelight which is in the process of being developed into a very nice subdivision. Mrs. Burnett further detailed her plans. Chairman Lewis returned discussion to the Commission. Commissioner Smalley stated that he felt the situation was very similar to that of Mr. Sipperly and would object to a sale on the same grounds, that it should be open for sale to the general public if opened at all. Commissioner Carignan drew attention to the memo from the City Engineer which states that the sand is necessary to the City, Mr. Labahn concurred stating that if the pit were closed and not allowed to expand the City would have to go out and buy sand. Tdeally, the City needs to expand the pit, logically to the east, however runs into problems with the park lands where trails and equipment already exists. Commissioner Osborne asked if gravel could be obtained from the proposed float plane basin, answer is no, the soils are different. Mrs. Burnett pointed out that the ~ proposed subdivision is to be high class and would object to a pit expanding in that direction. Commissioner Bryson asked if an overall plan was developed for disposing of City lands and also } KENAI PLANNING & ZONING COMMISSION March 28, 1984 Page 5; if a five year plan was considered. Certainly don't want all land disposed of this summer and feels the public should be aware. City government needs to be open. Chairman Lewis agreed stating that the City needs to be consistent. While short term disposal is acceptable, we still need to be consistent and not dump lands that are needed which in the long run would cost taxpayers money. MOTION: Commissioner Carignan moved, seconded by Commissioner Osborne, to approve the Conditional Use Permit Amendment as stated to reduce the size of extraction area. Commissioner Smalley asked if the reason the CUP was before the body because of the request to purchase, answer yes. Commissioner Zubeck stated that he felt the size of the pit should be doubled not reduced. MOTION WITHDRAWN MOTION: Commissioner Smalley moved to postpone the issue pending receipt of further information indicating long term plans by the City for expanding the pit, seconded by Commissioner Carignan. VOTE: Motion passed unanimously. 5. APPROVAL OF MINUTES of March 14 „ 1984 Minutes were approved as submitted. 6. OLD BUSINESS a. Lease Application: Portion Tract 6, CIIAP S/D No. 2 - Retail Mall/Office Condos - Noward, Garner, ~ Smith Mr. Lem Putnam, representing the referenced firm explained the change in site plan, that being the HEA power lines which would have run through the proposed mall. The concept remains the same. Step I will use the property closer to the Dairy Queen rather than Airport Way where the HEA power line runs. The mall and condos are the same, just shifted on the tract. Step II is really a poor use of the property so Step III is considered; to move the ROW to the middle with one major anchor at each end. The site plan still remains flexible acccording to both City needs and those of the firm. 1 KENAI PLANNING & ZONING COMMISSION March 28, 1984 Page Commissioner Bryson asked if water & sewer were available. appears that the development is moving easterly so how will it be provided that direction. Jeff Labahn explained that the City Engineer, Mr. Putnam and Jeff have been working on some plans and alternatives that would bring the utilities to the site in question and also serve the remainder. Utilities can be brought to the remainder from Airport Way. Mr. Labahn explained that the philosophy is to hold on to a large area for a major develop- ment. MOTION: Commissioner Smalley moved to approve the amended concept lease application to incorporate the new site plan, seconded by Commissioner Carignan. Mr. Labahn suggested that it might be wise to subdivide the larger Tract B into 2 smaller tracts to aceomodate the two step development. MOTION: Commissioner Carignan moved to split Tract B, CIIAP S/D into two parcels to aceomodate the development per the lease application, seconded by Commissioner Smalley. WOTE: Both motions passed unanimously. b. Lease Application: Tract A, GAA S/D No. 2 - Aviation Center Kenai Air Alaska The Airport Committee found that this issue is outside their jurisdiction and offer no comment, The Airport Manager has stated that he has no objection. Commissioner Smalley asked if there was a buffer planned for the Willow Street side. Chairman Lewis stated that it would be a good idea since the trees were already there, to keep a buffer of trees along the Willow Street side. Commissioner Carignan drew attention to Mr. Labahn's memo and asked if the applicant had met with Administration regarding the 5 issues. Commissioner Bryson asked if there was a buffer on the north side where the airport parking is and if there were any plans to expand the airport parking in the future. If so it would be valid to explore the long range plans. MOTION: Commissioner Smalley moved to postpone the item until the ~ applicant returns with the 7 concerns addressed, seconded by Commissioner Carignan. It KENAI PLANNING & ZONING COMMISSION March 28, 1484 Page ? UDTE: Motion passed unanimously. 7. NEW BUSINESS a. Preliminary Plat PZ84-15: Wandering Channel S/D The Commissioner reviewed the plat and the staff comments. MOTION: Commissioner Carignan moved approval of PZ84-15 with the inclusion of staff comments, seconded by Commissioner Osborne. DOTE: Motion passed unanimously. b. Preliminary Plat PZ84-16: Rutherford Tract A - Snowbird Estates Addition The Commission reviewed the plat and the staff comments. Chairman Lewis stated that the assessments would have to be cleared before filing the final plat as indicated. MOTION: Commissioner Bryson moved, seconded by Commissioner Smalley, approval of PZ84-16 with the inclusion of staff comments. VOTE: Motion passed unanimously. c. Discussion: Review Zoning Map and Land Use Plan - Forest Drive & Znd Avenue Vicinity Mr. Labahn suggested certified letters go out to the property owners of the area along the strip to see what they feel about a rezoning. The area in question would be McKinley Street along the Spur Highway which is zoned General Commercial. MOTION: Commissioner Smalley moved to certified mailings referenced, VOTE: Motion passed unanimously. request Administration initiate the seconded by Commissioner Osborne. 8. PLANNING KENAI PLANNING & ZONING COMMISSION March 28, 1984 Page a. Discussion: Section 36 Lands 1) Status Report 2) Subdivision Name 3) Street Names Mr. Labahn stated that the plat was sent on to the City Council. It now needs a name to be official and in line with City policy, a system for street naming. It was the concensus of the Commis- sion that they would like community involvement in the naming and that Mr. Carignan take the issue to the elementary schools and to postpone any decisions until return of his students' ideas. 9. REPORTS a. City Cvuncil Repart Councilman Wise not in attendence, no questions on the inclosed Council agenda. b. Qorough Planninc,~ Report ~ Commissioner Bryson had no report. c. City Administration Report Mr. Sipperly has withdrawn his request and his money was refunded. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS No questions 12. COMMISSION COMMENTS & QUESTIONS None. 13. ADJOURNMENT There being no further business, the meeting was adjourned at 10:10 P.M. KENAI PLANNING & ZONING COMMISSION March 28, 1984 Page The next regular meeting of the Planning Commission will be Wednesday, April 11, 1984 commencing at 7:00 P.M. in the Council Chambers. Janet Loper Secretary PLANNING & ZONING COMMISSION C ,L ~- ~ ° ~ ~~ Chairman •Lee Lewis ~ ~ ~ o ~ ., v ~ ~ "Phil Bryson ~ ~ ~ 1 Richard Carrignon ~ ~ ~ / ~/ Bob Oleson ---.._ Ozzie Osborne ~ ~ I y ~ y -~ ~ ~ ('~ Hal Smalley ~ ~ ~~ ~ _ Bill Zubek - ~ ) ~ TO DO ~~ ~v r'~-cJ>' - :~~~- _- ~( ~ ~„; i ~~ ~~` -~..~,~e s~ ter-~ ~~~' ,~ ~ ~-~-~