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HomeMy WebLinkAbout1986-05-14 P&Z Minutes~ KENAI PLANNING & ZONING COMMISSION May 14, 1986 - 7:00 p.m. Kenai City Ha11 Lee Lewis, Chairman AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PER50NS PRESENT SCHEDULED TO BE HEARD a. Tammy Miller - Buffer Zones and Conditional Use Permits 4. PUBLIC HEARINGS a. Testimony: Closing Municipal Park & Cunningham park to Overnight Camping 1 b. Resolution PZ86-18: Rezone Entire 3W's S/D to Rural Residential One (RR-1) 5. APPROVAL OF MINUTES of April 9, and April 23, 1986 6. OLD BUSINES5 7. NEW BUSINESS a. Lease Review: Lot 6, Blk 1, Gusty 5ID - Change in Use - Roberts b. Preliminary Plat PZ86-19: Jahrig S/D c. Preliminary Plat PZ86-20: Misty haven S/D ~k2 8. PLANNING 9. REPORTS a. City Council b. Borough Planning c. City Administration ~ PLANNING COMMISSION - Agenda May 14, 1986 Page 2 I0. PERSONS PRESENT NOT 5CHEDULED TO BE HEARD 11. INFORMATION ITEMS Council Agenda 8oraugh Planning Agenda 12. COMMISSION COMMENT5 & QUESTIONS 13. ADJOURNMENT ~ KENAI PLANNING & ZONING COMMISSION May 14, 1986 - 7:00 p.m. Kenai City Nall Lee Lewis, Chairman I. ROLL CALL Present: Lewis, Bryson, Carignan, Osborne, Smalley, Zubeck Absent: Oleson (excused) 2. APPROVAL Of AGENDA Chairman Lewis stated that Tammy Miller asked to be removed from the agenda, add 7-d and 7-e, two preliminary plats Agenda approved with the changes 3. PERSONS PRESENT SCNEDULED TO BE NEARD None 4. PUBLIC HEARINGS a. Testimony: Closing Municipal Park & Cunningham Park to Overnight Camping Chris Garcia, Beaver Loop. We live right next door to Cunningham Park and I would like to see the park closed to overnight camping. During the peak tourist season there are people who live there and run off the real tourist type people. The trash and the crowded conditions, the filthy grounds and public facilities are unbelievable. The City should not be in the business of providing state parks. No local residents can enjoy parks during the summer, they can't even get near them. The parks need to be enforced strongly in order for the camp to be enjoyed by anyone. Especially the cannery type people who come and live in those parks. Troy Castmore, 1533 Coho. I live one block from the Municipal Park. When we first moved in the area we felt that the park being so close would be an asset, however, it has become exactly what Mrs. Garcia has described. We cannot let children play in the park. The neighbors are aware that there is alot of drinking going on in there year round. The grounds and facilities are very unsanitary, it is obvious in places that the sanitary facilities are not being used, perhaps because of the condition they themselves are in. The park could be a real asset, hwoever, it needs very close supervision, at night also if the park does stay open. ~ PLANNING COMMI5SION May 14, 1986 Page 2 Sue Garter, Kenai Chamber of Commerce. Would like to reitterate my earlier comments regarding the parks staying open, however, I agree that these two parks are sadly abused. The Municipal Park has already been advertised in three publications, the Milepost being nationwide. I agree that these parks need supervision, there is a potential for a real attraction for tourists with these parks. Judy Garcia, 2528 Beaver Loop Rd. The 72 hour camping limit has never been enforced. The park (Cunningham) is really not appropriate to camping at all. I would like to see the park closed to overnight camping this year on a trial basis, and be strictly enforced. The residents of this area would not believe what the "live-ins" do to that park. Its not the tourists who destroy it, they really take care of it when they have a chance, its the transients that live there that are really bad for everyone. Leo Oberts. The problems that are being discussed are the same as I experience, the City could use more facilities along the river and I have encouraged this group to draft a resolution to support my plans. I also agree that it is not the average tourist who destroy, it is the transients, 5oldotna may have found the best solution, to turn it over to private enterprise to run. Those people have an interest in strictly enforcing camping rules and keeping the parks nice for everyone. Mr. Oberts referred to the KRSMA and the Clarion article which refer to parks. Chairman Lewis brought comments back to the Commission. Commissioner Carignan stated that he also lives close to the Municipal Park and that he and his wife often walk through the park in the evening and agrees that an awful lot of users are local kids and while there is drinking going on I don't believe it is that bad. While I agree with the concept of having a 72 hour limit on camping, it must have close supervision. I can see where a 72 hour limit would be a nuisance to a true tourist who may have plans for a week's stay, they would have to move on. I would rather see some arrangement made perhaps like Soldatna has done with Centennial Park. Commissioner Smalley stated that he is from Oregon and comparing parks From that region and what the area has to offer, there is no comparison at all. Overnight camping facilities are very poor. I would recommend that parks stay open this year, then at the end of the season close and remain closed until some upgrading of all facilities are done and arrangements are made to closely supervise the parks. The same comments would apply to Seaver Creek park with gates put up to help enforce an ll PM closure. There is a camper at Cunningham Park that has been there about a week. Judy Garcia (from the audience) it has been there 2 weeks, however, it is a local person and they have cleaned the bathrooms and grounds while they have been there and it ~ PLANNTNG COMMISSION May 14, 1986 Page 3 hasn't look this good all year. Commissioner Zubeck stated that he felt neither Beaver Creek nor Cunningham Park are really adequate for camping at all. Cunningham Park is so crowded during the summer you can't walk through it or drive through it. I'm sure there are campers there who stay for weeks. Commissioner Smalley stated that the earliest boats are usually on the river about 5 AM and most are back off the river around 11 PM to midnight. MOTION: Commissioner Smalley moved to recommend closure of Beaver Creek Park and Cunningham Park to overnight camping and that they have limiting of hours of SAM to midnight with no use whatsoever during the closure hours and that the Municipal Park will remain open this summer with closure at the end bf the summer season until such time as it has been upgraded and improved, with strict enforcement of the 72 hours rule, seconded by Commissioner Carignan. Commissioner Smalley stated he felt it would be a good idea to get together with Soldotna and ascertain how the contractural type agreement is working and look at that as a viable possibility. The Commission instructed Planning Specialist Loper to carry out this request and report back to the Commission. VOTE: Motion passed unanimously MOTION: Commissioner Carignan moved that the City investigate the possiblity of hiring someone to supervise the city parks during the summer months similar to the concession basis, seconded by Commissioner Bryson. VOTE: Motion passed unanimously b. Resolution PZ86-18: Rezone Entire 3W's S/D to Rural Residential One (RR-1~ Chairman Lewis opened the issue for public hearing. Bob Gerstlauer, 535 Shane Crt. The residents desire to prohibit 4-plexes. Our covenants restrict the subdivision to single family only, however, we have found that the City does not enforce covenants therefore we could have the covenants but still have the 4-plexes. We would like to have the subdivision restricted to single family homes only, however, we understand that there is no zoning for single family homes so we are requesting the RR-l. PLANNING COMMISSION May 14, 1986 Page 4 Doug Emery, 570 Rance Crt. Mr. Emery stated that 100°0 of the property owners in Three W's S/D are requesting the rezoning. The residents would like the rezoning to go along with the covenants, but the city has no such zone for single families. Mr. Emery went on to quote DEC regulations concern lot size and water & septic systems. MOTION: Commissioner Bryson moved approval of PZ86-16, seconded by Commissioner Carignan Commissioner Bryson commented that there is presently a weak area in the setbacks in that they are blank. That is something that is presently in the works to be rectified in line with the RR zone. Right now there is no site setback requirements. Commissioner Smalley asked if this could be dealt with through a motion, answer it can be handled administratively. VOTE: Motion passed unanimously 5. APPROVAL OF THE MINTUES OF April 9, and April 23, 1986 Minutes were approved as submitted 6. OLD BUSINESS None 7. NEW BUSINESS a. Lease Review: Lot 6, Blk 1, Gusty S/D - Change in Use - Roberts Administrative Assistant Gerstlauer explained that it was observed that the plans that had been approved for a sandwich shop had turned into a video rental store. Upon contacting Dan Roberts it was explained that this was not in conformance with his lease, therefore the letter requesting a change in lease. Nis lease presently states it is for a restaurant. MOTION: Commissioner Carignan moved approval of the change of use request by Mr. Roberts for described property from a restaurant to a video sales store, seconded by Commissioner Osborne. Commissioner Smalley asked if he wished to change it completely eliminating the restaurant, answer yes. Administrative Assistant ~ Gerstlauer suggested that instead of being so restrictive, the Commission might consider making it a retail establishment. ~ PLANNING COMMISSION May 14, 1986 Page 5 MOTION AMENDMENT: Commissioner Carignan, with approval of second I will change motion to state "retail", Commissioner Osborne agreed VOTE: Motion passed unanimously b. Preliminary Piat PZ86-19: Jahrig S/D MOTION: Commissioner Smalley moved approval of PZ86-19, seconded by Commissioner Bryson VOTE: Motion passed unanimously c. Preliminary Plat PZ86-20: Misty Haven S/D #2 This is a subdivision of remaining property. The front two lots have existing buildings which face E. Aliak. There are three lots which are ~ below the minimum 60' frontage, however, due to the fact that they are on a cul-de-sac, the smaller lots are acceptable as long as the structures are built far enough back on the lots to conform to the 60' minimum. MOTION: Commissioner Smalley moved approval of PZ86-20, seconded by Commissioner Osborne VOTE: Motion passed unanimously d. Preliminary Plat PZ86-16: Baron Park S/D #5 This is a plat of city-owned Land which was tabled at the last meeting in order that residents near the area may be notified of Council's intentions. MOTION: Commissioner Smalley moved to remove the resolution from the table, seconded by Commissioner Osborne VOTE: Motion passed unanimously Chairman Lewis opened the item to discussion from the public. ~ Mr. Rick Baldwin, Princess Lane. We feel that this appears to be a fairly significant item that affects how we percieve that area be developed. The nature of our objection is that if Magic Ave. were ~ PLANNING COMMISSION May 1G, 1986 Page 6 continued, it would link up with industrial area by a road which would probably encourage heavy industrial type traffic through a residential subdivision which is medium density. It has always been our desire that this area be developed as a small subdivision. The road would appear to create a direct pipeline between Homer Electric equipment yard with the highway, the shortest distance between two points being the most desirable. Our main concern is having alot of line trucks coming right up Magic and further those same trucks coming from the direction of Soldotna will use the straight approach (Magic Ave.} rather than continue down the Spur Hwy and use Marathon Rd. 1 live on the corner and I really would not like to see this happen. As children play in the road it would cause a hazard, during the summer it would cause a dust problem, during winter it would encourage pat hole problems. Vesta Leigh, Magic Ave. Agree with Mr. Baldwin's comments. Coming from the other side of the comments, as soon as streets such as Lawton are paved and connect other streets, it becomes a raceway. This plan would certainly have that potential. As the city develops and trees are cleared the noise polution goes up. I can hear sounds from the airport and the highway I didn't hear a year ago. Please pass on a recommendation to close Magic Ave. to straight through. Colleen Ward. I agree with the previous comments and would add that the gravel road that exists now is not design to hold the type of trucks that would be attracted to use Magic. Chairman Lewis brought comments back to the Commission. Administrative Assistant Gerstlauer stated that the plat first went before the Planning Commission with the recommendation being that the road end near the antenna farm or gully. Council decided to use the straight through approach and not sure why, Councilman Wise is not in attendence. The road is not expected to be constructed for about another 5 years. Commissioner Smalley stated that he does not see a need for the road to continue across that gulley. Personally, he would like see the road end in a cul-de-sac at the end of the antenna farm property. Administrative Assistant Gerstlauer stated that in the new draft Comprehensive Plan the transportation plan portion shows that road ending, the consultant has stated that he definitely does not want to see that road connect a residential area with an industrial area. Commissioner Carignan stated that is his "feeling also. Commissioner Bryson stated that he was at the Council meeting where this was discussed and the feeling he got was that the Council did not want to plat a lot in front of the street where they were too blocked and could not alter any situation that had been created." j PLANNING COMMISSION May 14, 1986 Page 7 MOTION: Commissioner Bryson moved to recommend to City Council that Magic Ave. be terminated at the access (east frontage) to the antenna farm and then if in the future the Council decide to extend it, it could be done at that time, seconded by Commissioner Smalley. VOTE: Motion passed unanimously Commissioner Bryson advised the audience that anyone supportive of the proposed alignment should be at the Council meeting 5/Z1. e. Preliminary Plat PZ86--Z1: Amend S/D #3 The Commission noted that this is the third subdivision of this property, this particular plat subdividing property extremely close to an existing structure, and all Gity of Kenai resolutions bear item 7 "any existing structures must be shown on plat". MOTION: Commissioner Smalley moved that, in order to avoid approving a plat with a possible zoning violation and creating problems for the owner the structure should be shown an the plat. The resolution is tabled until that time, seconded by Commissioner Carignan. VOTE: Motion passed unanimously 8. PLANNING The Commission discussed dates for vacations. It was found that there would not be a quorum present for the June 25th meeting. That meeting will be cancelled. Commissianer Carignan would like to go back to the discussion on single family zaning and stated that he felt it was the intention of the Commission at the time of drafting to provide for those who desire single family dwellings. Chairman Lewis, na. However, it is mentioned in the new comp plan. Commissioner Carignan stated that he would Iike to see the Commission pursue this further. Commissioner Bryson stated that if there is support for it, I would be for it, however, I think at the time it was a compromise of sorts. Chairman Lewis stated that right after that there was a group (Cinderella area) requesting the single family designation. Commissioner Carignan stated that all groups thus far that have come in for a rezoning have all shown a preference for single family dwellings. Commissioner Bryson stated that he did not feel it was up to the city to propose a subdivision be rezoned and would hope that someone who lived in those subdivisions would approach. Administrative Assistant Gerstlauer stated that the -,` ~ PLANNING COMMISSION May 14, 1986 Page 8 property owners in her subdivision did just that. What we would have liked to have done was to initiate a zone that would allow only single family dwellings. Commissioner Carignan stated that there is no way to do that now because there is nothing in the code that directs us. One way to do this would be to drop the verbage that would allow up to a duplex. Planning Specialist Loper stated that the way to go may be to draft a separate zone classification and then let those who want to rezone approach the city and go from there. 9. REPORTS a. City Council None b. Borough Planning None c~Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS No comments or questions 12. COMMISSION COMMENTS AND QUESTIONS Commissioner Smalley, concerning the Foster gravel pit, I would like to see someone from the City view the site and check the permit as I am sure they are in violation. They are dredging into the river for drainage and I wonder if the City can check on that also, Planning Specialist Loper stated that that usually falls into DEG or Corps of Engineers. Commissioner Smalley stated that the site has been cleared right up to Angler Drive. The Fosters have purchased an additional parcel of land from a gentleman out of Anchorage that lies between the pit and Angler Rd and once he purchased that it was leveled. He does not say he is expanding his pit but part of his argument to the residents is that it is part of his landscaping. This will be checked by Administration. PLANNING COMMISSION May 14, 1986 Page 9 13. ADJOURNMENT There being no further business, the meeting is adjourned. The next regular meeting is Wednesday, May 28, 1986. Janet A. Loper Planning Specialist PLANNING & ZONING COMMISSION ~i ~1 1\V 11 Call ~a~ ~"' . Chairman 'Lee Lewis ~~ ~ ~ \~ Y Q ~~JJ -Phil Bryson ~ ~I Richard ~ ~ ~ ~} Carri nen ~ ~ I g Bob Oleson Q Ozzie Osborne `I ~ Hal Smalley ~. /~ Bill Zubek ~ - `~ TO DO