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HomeMy WebLinkAbout1986-02-26 P&Z Minutes~~ KENAI PLANNING & ZONING COMMISSION February 26, 1486 - 7:00 p.m. Kenai City Nall Les Lewis, Chairman Mork Session Begins at 6:QO PM, Gcamcil Mill be attending. Be sure tv bring your cgay of tfae draft Ca~prehensive Plan AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS a. Kenai Peninsula Borough Landfill: Permit Renewal and Expansion 5. APPROVAL OF MINUTES of February 12, 1985 6. OLD BUSINESS 7. NEW BUSINESS a. Yearly Revisor of Gravel Pit Operation: S. Ames Rd. - Foster Brothers 8. PLANNING 9. REPORTS a. City Council b. Borough Planning c. City Administration PLANNING COMMISSION - Agenda 1985 Page 2 10. PERSONS PRESENT NOT 5CNEDULED TO BE HEARD 1l. INFORMATION ITEMS Council Agenda Borough Planning Agenda 12. COMMISSION COMMENTS ~ QUESTIONS 13. ADJOURNMENT ~•6 KENAI PLANNING & ZONING COMMI5SION February 26, 1986 - 7:00 p.m. Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Present: Lewis, Bryson, Osborne, Smalley, Zubeck Absent: Carignan, Oleson, both excused 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS .} a. Kenai Peninsula Borough Landfill: Permit Renewal & Expansion Chairman Lewis asked far a representative from the Borough to present their material. Tom Boedeker, Borough Attorney came forward. Mr. Boedeker stated that this is a renewal application through the DEC. Landfill sites which are permitted through ADEC are subject to approval by the local body having zoning authority. Essentially, this is a continuation of an on-going system. The nature of a landfill is that you open new cells, this is not an expansion, there are addit- ional cells opening up, but this is two new cells to continue the same operation because the old ones have. been filled. The entire site is under permit, not adding new areas, simply to seek renewal of the permit. We are simply making you aware that we will be opening two new cells. The two new cells does not require your approval. There are some concerns with the City that this is an expansion of a nonconform- ing use, however, opening the cells could be connected with that but I don't think that is necessarily connected with permit renewal, though I suspect you would want to Iook at that matter. From our standpoint we are not expanding any use, we are continuing the same operation on the originally permitted site. Mr. Nowland Bombard came forward and gave a brief narrative of operations of the landfill. We do not propose to go in an devastate the entire area with one felled swoop. We progress through an orderly management of the land starting with the clearing and grubbing operation of approximately 8 acres. This prepares enough area for approximately 8 to 10 trenches to be excavated. Trenches are excavated approximately 1 to 2 trenches ahead of the filling operation. The material has been stockpiled on the site and is held in accordance ~ PLANNING COMMISSION MINUTES February 2b, 1986 Page 2 with DOT material Iand use permit. DOT has not made itself available of the material, but we are holding it in the event that DOT needs it. Public as well as contractors are allowed to dump at the bulkheads. Once or twice daily, contractors consolidate the refuse, compacts it, and covers it. The areas of the roads are fenced to help eliminate the wind blown litter. Lighting systems are put in as roads are developed. We grade and seed as trenches are filled and brought to final elevation. We have used this system for the past 7 years and it has proved efficient. Chairman Lewis asked how many years these 2 new cells will serve. Mr. Bombard stated that one would be excavated within the next 2 months, one is already excavated. I have projected those 2 cells will last until mid-July. It is hard to pinpoint, it depends upon the season. Chairman Lewis opened the meeting to the public. Tom Wagoner, Mayor and resident of the City. I would like to bring to your attention, the summary received from Administration which begins in 1973 to the present time. The Borough has had from 1973 to look ~ for additional sites for solid waste disposal of the same type they are currently operating at the old DOT sandpit site. When I first came to Kenai in 1969, it was a small unit, they extracted the sand far a portion of the North Road and the new reconstruction. At the time the City voted to turn aver the powers, I feel it was the intention of the people of the City that they would see a discontinu- ation of this site as a solid waste disposal and that has not happened. The Borough has been spending a tremendous amount of money studying sites to no success and I cannot understand why it would take approximately 12 to 13 years to came up with a satisfactory solution. We knew there was a problem there since day one. The other thing I cannot justify, in front of any group, and you can call me an environ- mentalist, a greenie, or anything else, but why would you take same of the most prime property in the City ar in the Borough and allow the Borough to operate and expand a landfill and destroy prime residential property and that is exactly what they are doing. It is unfit for anything except perhaps some farms of recreation. It is said there can be no construction take place on landfill, that is not exactly true, you can construct anything on that site, it depends upon how much you want to pay to ensure the integrity of your construction. The City has just sold off their portion of Section 36 received as a Municipal Entitlement several years ago From the State and I think in good faith to the people that purchased that property, I feel they never expected to see the City to allow the continuation of a landfill for that many more years, let alone the expansion of that landfill, because they paid a good dollar value and they plan, in the future to develop one of the finer residential developments in the Kenai Peninsula. Down Forest Drive, very close to this site is a brand new it PLANNING COMMISSION MINUTES February 26, 1986 Page 3 subdivision ,just completed this year, all underground utilities, paved streets, 3 or 4 homes are built. That area is potentially the site of more subdivisions, not of farm home quality, but of upgraded homes in the $100 to $200,000 bracket. I have talked to the Borough Mayor, and as a member of the Council I would have no problem in giving an extension of time to operate that facility for one year, if at the end of that one year I knew the Borough was going to have a solution that was palatable to all people concerned, including not only the City of Kenai, but residents of Nikiski, K-Beach, and other areas, because i think if a study were done, Kenai has become a depository far just about 60A of the solid waste of the immediate area or more. I guarantee that the material that goes in there is not .just from the City residents. Mr. Bombard agreed. Mayor Wagoner stated, I am not in favor of this permit renewal, i would like to speak with the Borough Mayor again and get some committment in writing that this is the maximum we are going to expand this site and also, that at a specific date, to be agreed upon, that property will be vacated, brought up to certain specifications, and either sold, or restricted to no more landfill. I think what's going on with that piece of property is totally unacceptable. ~ Royce Roberts, Kenai. I am partners with the City on Section 36 and this concerns me deeply and I am sure it concerns future buyers. My main concern in 26 years in Kenai, I've seen the dump moved from the south of town to the north of town and that's about the biggest accomplishment I've seen. I'm against lengthening it from the time they said they would cease, and when I bought that property, I was under the impression it would cease. Time would not help. Mr. Dick Mueller, resident of Kenai and Broker for Mueller Realty. I am here to speak against the continuation of the landfill in the present location in Kenai. I also have clients that have bought into the Section 36, one of these wanted to be here tonight but is having back surgery. The landfill has become a great disservice to that area of town. There are times that, even though they fill on a regular basis, there are odors, trash scattered in the area, and property values, particularly in Mommsen S/p have deteriorated quite badly in the last few years. I feel that same of this is due to the landfill being in the close proximity. I have another client that is marketing a property in the general area, hoping to make a first class subdivision, and certainly the landfill is not going to help. I feel the Borough .has spent a tat of money and done a lot of studies an fill sites and I find it hard to believe that they cannot identify a site out of that area. Chris Monfor, 1509 Toyon Way, Kenai, and Council member. I want to protest this move by the Borough, I also want to state that I have a problem, it states on the application, ~4, will the following waste be accepted - waste oiI and oil spill cleanup waste, and they have marked PLANNING CQMMISSION MINUTES February 26, I986 Page 4 "no". I do not feel that the Borough has quality control over what goes into the dump. We have had it brought to our (Council) attention in the past that waste oil has been dumped. Unless someone goes through an individual's garbage, there is na way of knowing what you are dumping. If the dump is allowed to continue, it will be there in the Future and we are just finding out now, especially looking at the East Coast, what has happened to the land and to the people from dumps that have had seepage into residential areas causing illness and worse. Councilman Wise asked if Mrs. Monfor was referring to the August 1985 moving of oil from.... answer from Mrs. Monfor, yes, on August 25, 1985, Mr. Dave Brown came before Council showing examples of what had been mowed into the dump in the dead of night, we had asked Adminis- tration to write to the Borough and get some sort of answer and as far as I can recall, we have never had a satisfactory answer. The attitude is that as long as it is in the City of Kenai, they do not have to deal with it, we can do as we please because we are the Borough. This is the people of Kenai we are talking about. Anybody can come and dump in that location, they can come in the middle of the ~ night, there is na control. David Brown, 118 Wooded Glen Court, Kenai. i am here on behalf of Dena' Ina Point Associates which are landowners of Tract A. It is approximately 18 acres, adjacent to and across the highway from the landfill. We would like to be on record as apposing any extension far this permit, agreeing with everything that Mayor Wagoner has stated with one exception, giving them one year extension. I think that the remainder of this year is mare than enough time far them to locate an acceptable dump site. I think that the residential areas within the City are going north with the possible development in Section 36 and also along Redoubt Drive. Chairman Lewis asked Mr. Boedeker to "expound an efforts to search for an alternate location". Mr. Bombard explained that the Waste Disposal Commission is focusing its search on a location for an incinerator site, whether the incinerator site would have an ash site attached to it is a question mark. They have ,just begun that as a main topic. They are finishing a special waste site study which will have same impact, to what extend we da not know. Some of the aspects of a special waste site, i.e. soil types and location are applicable, however, there are other aspects which are detrimental, that being distance. in an industrial situation, you are looking at industry hauling to the site with a landfill or ash site attached to the incinerator, you are looking at some residents hauling their waste to the incinerator so the distance question becomes mare of a concern than with the special waste site. That has yet to be addressed by the Commission. In 1980 the Borough did a Solid Waste Management Plan and as one small task in the Plan was a site identification for landfilling. We looked at sites within a mile of any of the road ~_ \l PLANNING COMMISSIQN MINUTES February Zb, 1986 Page 5 systems within the entire Peninsula. The search was done by arial and soils records. North of the Kenai River there were no site identified for landfill due mainly to the wetlands. The areas of the soils types that are desirable are not in close proximity to the road ar are already developed. By going to the incinerator we can consolidate the waste flow, reduce it, and then if there is no ash fill on site there is less volume to haul. Even if a site were chosen, it would take a minimum of 2 years, before we could put it an line, 3 years for an incinerator. Commissioner Smalley stated, the Borough has been actively searching for a site far 12 to 13 years and has come up with nothing. Mr. Bombard answered, we have been diligently searching for the last b years. Councilman Wise asked, when you were searching far the incinerator, where was the dump for the ash you were planning on using. Mr. Bombard answered they were looking into several scenarios, depending upon the actual location of the incinerator. In the short term we were lacking at the Soldatna landfill For the ash supposing we could not find a site where the incinerator could not accommodate an ash fill. Councilman Wise stated that he was under the impression ~ that he had made statements before other bodies that you always intended to bring the ash to the Kenai dump, I believe you have been quoted in the newspaper. Mr. Bombard felt it would not be found in the newspapers. Councilman Wise asked how long the Borough has known of the intent of the City of Kenai to oppose continuation of this permit. Mr. Boedeker answered that there has been no Iegal action by the City that is effective to bar this if that is what you are implying. Councilman Wise answered that he is talking about intent. I am trying to establish for the record how Long you have known......Mr. Boedeker interrupted saying, since when did you notify us, I would ask you a question....Councilman Wise went an tv state, we were concerned about the most recent permit expiring this December and how long you have known of our concern over the dump. Mr. Boedeker answered, I am aware that you and members of the Council have had concerns far a number of years and objections. fihat's all I can say. I think most of the public is aware of that. That doesn't particularly alter the fact that the site is there and there is no other site at the present time. I'm not sure haw that is material to this decision. Councilman Wise stated that he did not want to get into a debate. Mr. Boedeker stated he would respond in this way, the issue here is a permit renewal, you have certain criteria you are going to have to determine whether we violate something ar there is some basis for this, there are no legal bars to renewing a permit whether you consider this a nonconforming use or not, and we can go into all sorts of issues of paramount public use, but I think that's immaterial, what we're dealing with here is for same reason not to renew this permit, and ~~ you're authority as far as ADAC looks at it is in your zoning capacity. It's not we don't like it, you have to look at it as a zoning body and that's where you are exercising your authority. They PLANNING COMMI5SION MINUTES February 26, 1986 Page 6 are looking far zoning authority not do we have 42 people that don't want it. If those people object to that permit application the appropriate place for their comments to be is to the ADAC. I dont' see any impediments, I'm not aware of what the issue would be if it is. Chairman Lewis asked, if the permit were extended far one year, what would that do for you. Answer by Mr. Boedeker, it would give us a year. Chairman Lewis stated, we would be in the same spot next year. Mr. Boedeker answered I suspect you would have to look at a further extension. Chairman Lewis stated you have had several years and nothing has transpired. Mr. Boedeker answered that is true and there have been proposals and we have the same problem with any proposal that you have here tonight, everybody lives around it, everybody thinks we need a landfill but not in their backyard and that is the reality of selecting a site. There are costs involved, it would cast $550,000 a year to haul to the Soldotna landfill. You're own sewage treatment plant would have to haul to Saldotna which will overfill Soldotna's landfill. Mayor Wagoner stated he wished to reinforce what he said earlier, i think the specific time could be nailed dawn to when some of the Borough employees were directed to pursue alternate sites, that is when Mr. Rice went to work for the Borough. I would ask that you take no action on this permit tonight. There has been discussion on what is and is not the legality of the situation, I think you should have the opinion of the City's legal council who is out of town. The current zoning in that area is suburban residential and to permit a landfill in a residentially zoned area is hard for me to fathom. I would also like to get a comment an the record, this is my last year as Mayor and I hope people listen to this, there has been a lot of discussion from time to time about consolidation of powers on a Borough wide or service district wide basis. Looking back on this I'm not sure the City made a wise choice at the time of turning over the solid waste authority to the Borough because the City of Kenai did not go to the Borough and request they take over waste disposal. The reason the Borough consolidated on a Borough-side basis and the vote was held was because there were places in the Borough that were not organized and were having horrendous problems concerning waste disposal. Commissioner Smalley referred to the Zoning Code, 14.20.050 which deals with nonconforming use and quoted the section regarding enlarging or increasing an existing nonconforming use and stated the City would benefit from the City Attorney's opinion. Chairman Lewis stated that the Commission would not take action on the ~ question this evening, but would recess and reconvene at the next meeting, 3112/86. PLANNING COMMISSION MINUTES February 26, 1986 Page 7 Councilman Wise stated that he wanted all documents be formally introduced into evidence as exhibits. Councilman Wise stated that he wished to have the chairman of the Solid Waste Commission at the next meeting. Chairman Lewis requested Mr. Mike Lucky of DEC .attend the next meeting. MOTION: Commissioner Bryson moved to recess the issue until the next meeting, seconded by Commissioner Smalley. VOTE: Motion passed unanimously Commission recessed for IO minutes 5. APPROVAL OF MINUTES of February 12, 1986 Planning Specialist Loper explained some of the confusion during the Sheeran hearings and referred to the memo attached. Commissioner Bryson asked that in place of "day care centers" "home occupations" be added. This would preserve what was said by Mr. Hackney and confir what he intended. Also, on page 5, strike the sentence referring to the lease returning to the Commission. Minutes were approved as corrected. 6. OLD BUSINESS None 7. NEW BUSINESS a. Yearly Review of Gravel Pit Operation: Foster Brothers Planning Specialist Loper reported that staff have reviewed the operations and recommend approval of the report. Commissioner Bryson asked if there were other pits operating that were beyond their reporting time, answer no. The next review period for a pit would be in April. MOTION: Commissioner Bryson moved approval of the yearly review of the gravel pit operations for Foster Construction, seconded by Commissioner Zubeck VOTE: Motion passed unanimously PLANNING COMMISSION MINUTES February 26, 1986 Page 8 8. PLANNING Planning Specialist Loper asked for the desires of the Commission regarding work sessions for zero lot Line and site plan draft ordinances, answer from Chairman Lewis, not until after the landfill question is decided. Commissioner Smalley stated that he has some questions on the zero Sat line draft and since the construction season is near would like to move ahead with that. Chairman Lewis felt that since there was no recent activity that it could wait. Commissioner Smalley suggested the meeting following the next landfill public hearing which would be March 26th, the Commission agreed. This would be a work session on the zero lot line and site plan draft ordinance only. Comprehensive plan review would be kept a separate subject. Commissioner Zubeck asked for feedback from the zero lines approved in Central Heights, answer no. No complaints have been received. 9. REPORTS a. Gity Council Councilman Wise reported on the road prv,ject for Eagle Rock; awarded ~ an engineering contract for a dock in the river; the Old Town Committee is going to research viability for creating a historic district and the associated road projects. Commissioner Smalley asked for the criteria of the Council when the Fisherman's Packing lease was turned down by the Council. Councilman Wise explained that at least one member of the Council felt it was not a legitimate request. Councilman Wise could not recall the details or the vote. Administrative Assistant Gerstlauer explained that, at the time there was interest from other parties in the land. And further that since the lessee's had come in and made a presentation with a development schedule and not lived up to the plans that they probably would not be able to live up to the second one also, and since there was interest in the land by other parties, the land could be put to a good use. Commissioner Osborne asked for input on the denial recommendation for the liquor license renewal of the Fines. Councilman Wise explained that the City has token input to the ABC Board on liquor license renewals. The fact that the Council wrote a letter of objection was due to severe litigation and default. There are numerous liens against the property and they are in foreclosure. b. Borough Planning Commissioner Bryson reported on a request by the Kachemak Gun Club to approve a site. The request was denied due to the close proximity to a new subdivision. ~ PLANNING COMMISSION MINUTES February 2b, 1986 Page 9 c. City Rdministration None 10. PERSONS PRESENT NOT SCHEDULED TO 8E H£ARD Mr. Leo Oberts spoke to the Commission an the Old Town study stating that naw is the time to start planning for a gala event as Kenai will be 200 years old. Mr. Oberts is looking into funding as is Mr. Wise, Mr. Oberts would like to see Old Town a "tourist trap". Kenai has a unique spot that is going unnoticed. Mr. Oberts stated that through his travels he has found that the zero Iot line concept is accepted and is possibly the way of the future, Mr. Oberts next spoke on parking in the commercial district. A great deal of land is being "wasted" on parking. A better idea would be a central parking. Mr. Oberts addressed the Kenai River encouraging the Planning Commission to take authority for Iands adjoining the river. 11. INFORMATION ITEMS No comments, no questions 12. COMMISSION COMMENTS & QUESTIONS None I3. ADJOURNMENT There being no further business, the meeting was adjourned at 8:55 PM. Janet Loper Planning Specialist PLANNING & ZONING COMMISSION Roll Call ~~~~//~ <6 ~si~ /~j Chairman 'Lee Lewis ~ "Phil Bryson ~,, Richard Carrignen Bob Oleson ;- Ozzie Osborne Hal Smalley e~ `~ Bill Zubek _ \ TO DO ~~~~ ~~z~ ~L~~~ E ~, 3~a ~ ~ ,~~,~ ~~ ~~ 3 ~~ o~ ~ ~~-.~ .~ ~~~ ~~~ ~' `~' ~ ~;~ ~~~~