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HomeMy WebLinkAbout1986-05-28 P&Z MinutesKENAI PLANNING & ZONING COMMISSION May 28, 1986 - 7:00 p.m. Kenai City Hall Lee Lewis, Chairman AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS a. Resolution PZ86- Variance from Sign Code - Lot A2A, Sprucewood Glen S/D - McDonald's b. Discussion: Violation of KMC 14.20.150 (2)[ii] - Conditional Use ~ Permit for Extraction of Natural Resources Issued to Foster Bros. 5. RPPROVAL OF MINUTES of May 14, 1986 6. OLD BUSINESS a. Preliminary Plat PZ86-16: Baron Park S/D #5 7. NEW BUSINESS a. Preliminary Plat PZ86-22: Central Heights S/D Third Add.* b. Preliminary Plat PZ86-23: FBO SID South Add. #2* 8. PLANNING a. Discussion: Comprehensive Plan Update 9. REPORTS a. City Council b. Borough Planning c. City Administration ~ Both plats will be available at the meeting. `~ PLANNING COMMISSION - Agenda May Z8, 1985 Page 2 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS Council Agenda Borough Planning Agenda 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT KENAI PLANNING & ZONING COMMISSION May 28, 1986 - 7:00 p.m. Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Present: All Commissioners Present 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ86-~"~ Variance from Sign Code - Lot A2A, Sprucewood Glen S/D - McDanald's Chairman Lewis opened the issue to the public. Stephanie Edwards, representative of McDonald's Corp. real estate division made a presentation outlining the material in the body of the resolution/permit. Ms. Edwards cited physical features and type of business as the main reason for the request for the variance. The property is 185' from the roadway and within a 150' from the centerline, the sign will be situated within the 185'. Ms. Edwards cited Homer as an example of a store with a very small sign, that particular store is not doing well. Ms. Edwards stated that she and a representative from Alaska Neon brought a boom truck onto the property and hoisted a large truck fire and tried different heights finding that the request for the 45' sign would best suit their needs. Commissioner Smalley asked if Ms. Edwards had any income figures on the downtown Anchorage store or the Kodiak outlet which do not have signs. Ms. Edwards stated that she cannot answer for the Kodiak store The Anchorage store is very different in that it is oriented for foot traffic and the sign is on an awning that overhangs the sidewalk just above eye level. Chairman Lewis asked if the requested sign is a standard height for a highway situation, answer yes, however, they do treat their signs on a case by case basis according to the site. Chairman Lewis stated that they had checked visibility with the truck tire, at what point was the tire visible coming around the curve, answer, from about the King Oscars Hotel. Chairman Lewis asked if the entire could be seen or just the tire, answer the tire. Commissioner ~ PLANNING & ZONING COMMISSION May 28, 1986 Page Z Oleson asked how this sign compared with the store on the island of Kawai, answer, Ms. Edwards had no information on that store, however, it was agreed by those present who had seen the store that there was none at all. Commissioner Carignan asked for some sizes of other standard signs based on this same model, answer, there is one that is 14' in height by 14' wide on the same type of standard; then one that is 10' x 10'. The 14' x 14' looks best at about 35' pole height. Howard Hackney, Building Inspector. Mr. Hackney spoke against the variance stating that Z00 sq. ft. is 2 1/2 times that allowed by code. 45' in height is 13' higher than the code. No one has ever requested a sign this large. Every time someone wants a variance for a sign, there is always a reason for a bigger one. If this sign goes up this big, you can be sure that any future development that goes in there will want a sign at least that big. Pretty soon we will be back to the beginning with sign problems. Commissioner Smalley asked how he would compute the area of a sign as this sign has large spaces. Mr. Hackney answered that he would square it off. Commissioner Carignan asked how the 14' x 14' sign was computed, answer it is 14' high with a pole making it 35' and 108' sq ft for the surface. Chairman Lewis brought discussion back to the Commission. MOTION: Commissioner Carignan moved adoption of PZ86-24, seconded by Commissioner Smalley NOTE: Commissioner Bryson will be abstaining from the vote. Commissioner Smalley voiced concern that as the business core of the community is moving that direction, and if a sign this large is approved, then another across the street will want a larger one, and very soon we have something that most of us object to. Commissioner Smalley asked if they could live with a sign that is 14' x 14' on an 18' pole making the top of the arches 32' above the ground. It still requires a variance, still is a standard sign, and is smaller, taking into consideration the reasons for the variance and the type of business. Commissioner Smalley stated that he would support that change also, "I would have a hard time supporting the existing resolution after we took action a while back on the NBA sign which we denied and was of less footage". ~ PLANNING & ZONING COMMISSION May 28, 1986 Page 3 MOTION AMENDMENT: Commissioner Carignan moved to amend the resolution to read, a 14' x 14' sign also know as their 70-100 sign of 105 sq. ft on 32' height designation, seconded by Commissioner Smalley. Discussion followed regarding parliamentary procedure regarding amending a resolution. Councilman Wise suggested that the resolution could be amended if the applicants were to agree to amend their request. Ms. Edwards stated that they had a real desire to work with the City and if this meets with everyone's approval. "I would like to make a request that we change our request for the variance to what we term a 70-100 road sign which has 105' of surface area with an overall height of 32' to the top of the sign. VOTE - AMENDMENT: Motion passed unanimously VOTE - MAIN MOTION: Motion passed unanimously MEETING ADJOURNED FOR 5 MINUTES. b. Discussion: Violation of KMC 14.20.150 (2)[ii] - Conditional Use Permit for Extraction of Natural Resources Issued to Foster Bros. Mr. Steve Foster, Soldotna. "When we applied for this conditional use permit, I believe the Commission understood that our long range plans for that property was not to continue as a pit. It has been a pit for about 20 years and the gravel is almost played out. Our long range plan is to develop the property around the pit and amongst those trees that we cleared are piles of overburden that had been pushed there during the original stripping of the pit it is supposed, and the trees themselves were at a low elevation. Where Angler Drive is there was only a couple of feet to the water table, not adequate for building on. What we did was to clear the trees, spread out the piles of over burden which was mainly top soil, spread the top soil 2' to 4' thick and graded it, sloped it back towards Angler, and now we have some nice soil that's going to be dry and will allow trees to take root there other than swamp and something that will look good. Chairman Lewis asked for a time table for reforestation, answer,. we plan to reseed and transplant some tress in there this year in the fall. The tress will be small birches and willow. The tress that ors left are the only things that were any good. Chairman Lewis asked if this is an acceleration of time from your original plan, answer no. Although the existing trees were providing a visual block, the dirt that is leveled out now is high enough it blocks the view of the pit. Commissioner Smalley quoted from the code which states that there must be a fence or sight obscuring screening. This area is still within the ~ PLANNING & ZONING COMMISSION May 28, 1986 Page 4 150' from the roadway except in a 1/4 mile area on the west side which was dug prior to our ownership. That was dug closer than the 150'. "I realize that we took those trees out but I would like you to look at this from a long term outlook. Those trees were from a Iow area plainly unbuildable and not fit for a septic system with only 2' to the water table. The first step to raise it up is to place the fill and the second step is to provide the grass and trees to go back over it. Chairman Lewis asked if there were residents along Angler Drive, answer no. Gary Faster {from the audience and barely audible) I think what we're trying to do here is to beautify the area. we plan to put in grass and trees and except for the one 15' cut, the pit cannot be seen from the road. I think it will be a big improvement along Angler. Chairman Lewis asked again for a time of planting and developing, answer, sometime this summer as soon as the ground thaws. Commissioner Smalley stated that at this point in time we can't say put it back. Obviously it would have been nice if it would have come to some body prior to the occurrence of it. I agree, I live out there and drive by about 9 gravel pits on the way to work every day. Anything being done to do something besides allowing it to be an eyesore is worth the effort, the problem is, my phone was ringing from people concerned about what was going on. Part of the phone calls suggested you may be trying to get drainage into Beaver Creek and then the Kenai River is that right? Gary Foster answered yes, they are applying for a Corps permit to do so. Councilman Wise stated that there are road improvement projects for that whole area. This kind of problem does not help anything including getting the money to do the project. We need to get some real effort down there and clean the area up and get these things done. There are alot of people down there being incredibly hurt right now. This kind of thing does not help the Council in the effort to get the funds to do those projects down there. Commissioner Zubeck stated that he felt they are trying to improve the area. Commissioner Smalley stated that there is a violation and we need to deal with it, i.e. put some development in there as soon as you can. MOTION: Commissioner Bryson moved to request the permit holders submit a schedule for grass seeding and tree reforestation to the Commission, seconded by Commissioner Smalley Commissioner Bryson stated, I would like to see types, density, and schedule that they are proposing. Commissioner Carignan stated that what we're asking is that you put down on a piece of paper a time line ~ what we talked about today, what your plans are. In other words are you planning a dense forest or a twig. Commissioner Bryson stated that what we are interesting in is what you are proposing and if the proposal would be compatible. Commissioner Smalley stated that we PLANNING & ZONING COMMISSION May 28, 1986 Page 5 VOTE: don't want you to put a thicket in and have to mow it down to put houses in. The Commission agreed on a deadline of the next meeting, June 11th. Motion passed unanimously 5. APPROVAL OF MINUTES of May 14, 1986 On page 7, delete incomplete sentence. On page 8, Commissioner Smalley stated that he felt it should read that it was their intent to dredge. The minutes were approved with the corrections 6. OLD BUSINESS a. Preliminary Plat PZ86-16A: Baron Park S/D 465 Amended this plat returns as a result of public comment regarding the ROW known as Magic Avenue connecting a residential use with an industrial use and of Council support of those comments. The plat now shows Magic Avenue ending in a cul-de-sac. Councilman Wise stated that the attorney is researching a question as to whether the City will be required to build a road before the plat is finalized. MOTION: Commissioner Carignan moved to adopt PZ86-16A with inclusion of staff comments, seconded by Commissioner Osborne UOTE: Motion passed unanimously 7. NEW BUSINESS a. Preliminary Plat PZ86-22: Central Heights S/D Third Add. This plat is a substandard sized lot for the RS zone. There is a note on the plat which indicates that the lot must be served by city water & sewer. The Commission discussed whether this is an undesignated portion of an existing subdivision. MOTION: Commissioner Bryson moved approval of PZ86-22 with incorporation of staff comments, seconded by Commissioner Smalley. Commissioner Bryson stated that his intent is that the lot size is ~ basically a Borough issue and the City Planning Staff has flagged it. Commissioner Bryson stated that with consent of second he would like to restate his motion. ~ PLANNING & ZONING COMMIS5ION May 28, 1986 Page 6 MOTION: Commissioner Bryson moved to recommend approval if in fact the plat is a deed of record only, second agreed to restate. VOTE: Motion passed unanimously b. Preliminary Plat PZ86-23: FBO S/D South Add. #2 This plat is straight forward and does not change the subdivision, only removes the easements. Engineer's comments are that the easement be removed only if no utilities exist in the easement. MOTION: Commissioner Carignan moved to adopt PZ86-23, seconded by Commissioner Osborne 8. PLANNING a. Discussion: Comprehensive Plan Update This body has never officially adopted the Plan or any of the revisions. By the letter in the packet the Borough is asking that the City move the Plan ahead. Councilman Wise stated that the Commission must have a public hearing prior to approval. The Commission stated that there had already been 2 or 3 public hearings, Councilman Wise stated that there must be public hearings prior to adoption. The Commission agreed to hold a hearing at the next meeting. Commissioner Smalley stated that at the last meeting they had agreed that they would compile all comments with a public hearing following, the comments would be included and it would be acceptable. Councilman Wise felt that there were several comments that were not included in the letter regarding additional comments. 9. REPORTS a. City Council Councilman Wise indicated the four ordinances that were proposed by the Commission noting that all four had been postponed. Councilman Hall had not had an opportunity to attend the work session prior to the Council meeting. There has been a proposal to establish an RV, tent, and caravan park in an area off Marathon Rd. behind Craycroft. This will be coming to you as a preliminary lease and plat. l~ PLANNING & ZONING COMMISSION May 28, 1986 Page 7 b. Borough Planning Commissioner Bryson reported on the situation with the bouys in the Kasilof River. The Borough may request the same procedures on the Kenai River. c. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS Council Agenda Borough Planning Agenda No comments or questions 12. COMMISSION COMMENTS & QUESTIONS Commissioner Smalley asked for a report on native allotment lands adjoining his property. Commissioner Smalley had asked the Building Inspector previously if allotment status superceded local zoning regulations. The reason for the second request is that a week ago there were 64 cars parked on Ames Rd. 44 of them were there at one time. Today there were 28 cars. It is a highly residential district with lots of little kids and because of the extra gravel trucks coming up Beaver Loop, most of them come down the gravel roads. It concerns me that this kind of activity goes on at the end of a residential dead end road. The trailer that houses the native association offices sits within 3' of my property line, it was surveyed last summer. I know that they need a place and what they are doing is great and I would have no objection if they would sit the trailer on the Beaver Loop side, but where they are is causing severe difficulties. Councilman Wlse stated that he felt the Commission should have something in writing from Administration or attorney as to whether our zoning code is legal or not. Councilman Wise stated that other people are going to approach the City and question or complain that a certain group can be exempt from zoning. Commissioner Smalley stated that he had worked with native allotment lands and it was always a rule then that once native allotment property was sold the allotment status ended regardless of who bought it. Commissioner Smalley stated, "the second thing is the concern with our neon strip out here. If the core develops out that way it doesn't have PLANNING & ZONING COMMISSION May 2B, I9B6 Page 8 such a glow on it at night that it competes with Spenard." Commissioner Smalley stated that the drilling rig is back up on Beaver Loop, its 700' from my front room window, drilling away. Apparently its been sold, the lease has been expired that Union Oil had, but• someone else has picked it up, I believe its a consortium of 3 people or more. It never came back through us and I wonder what's going on. Councilman Wise stated that no one has come through Council for a permit. Commissioner Smalley stated that the drilling rig is clanking and pounding and probably dumping more waste in the hole. Councilman Wise stated that it may have been approved by City Manager but I think certainly the neighbors should be notified. Commissioner Smalley asked if the lease were expired, should they not have to come back and reapply. Councilman Wise answered that a permit for drilling is issued by the City under City code. Once drilling stops, there is 6 months to either approve it or seal it. As I understood it was sealed so there was na well there, it is a sealed well. My impression would be that this is a new well, has a new drilling permit and if one has been issued it should be common knowledge. Commissioner Smalley stated that he was here when that permit came through some years ago and that it was sealed. Since then, they have drilled the cement out of there and they are drilling in the same hole, I walked over and looked at it. I would like to know the status of the well. Councilman Wise answered that you have a right to know as a Commissioner and as a resident. The Commission asked that a memo be drafted to the City Manager and a report be given at the next meeting. Councilman Wise stated that in my view, I'm not an attorney but that is a new well. Once its sealed its gone, but I think you have a perfect right to ask does their permit comply with the code of the City of Kenai. There is a requirement in the code about drilling muds and Janet if you would provide that portion of the code at the next meeting for the Commissioners and ask whether or not Administration has had complied with it. It talks about steel tanks and removal of ... everyone should know what requirements are now. Planning Specialist Loper asked for the name of the well site, answer Beaver Loop Cannery Well ~2. 13. ADJOURNMENT There being no further business, the meeting was adjourned at 9:37PM. The next regular meeting will be Wednesday, June lI, 1966 Janet A. Loper Planning Specialist Ro 11 Call PLANNING & ZONING) COMMISSION - ~ V" ~ 4 u~" ~ ,~~° ,a~ /////// Chairman 'Lee Lewis -Phil Bryson Richard ~ Carrignen Bob Oleson Ozzie Osborne Aal Smalle '/ }' ~ y Bill Zubek ~ - a 1 J G