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
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