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HomeMy WebLinkAbout1988-01-27 P&Z Minutes~~ KENAI PLANNING & ZONING COMMISSION January 27, 1988 - 7:00 PM Kenai City Hall Hal Smalley, Chairman AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS 5. APPROVAL OF MINUTES of January 13, 1988 6. OLD BUSINESS 7. NEW BUSINESS a. Request for Tidelands b. Review Proposed RV Ordinance c. Resolution PZ88-3: Approving FY88/89 Budget 8. PLANNING a. Review Goals & Objectives 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 b. Borough Agenda 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT '~ KENAI PLANNING & ZONING COMMISSION January 27, 198$ - 7:00 PM Kenai City Hall Hal Smalley, Chairman 1. ROLL CALL Present: Smalley, Bryson, Church, Kryzyanoski, Nault All Commissioners Present 2. APPROVAL OF AGENDA Chairman Smalley asked that two. items be added to the agenda: 8-b, Corps Permit for Mr. Van Dusseldorp and 8-c, Development of Day Care Center in TSH Zone. Agenda approved as amended. 3. PERSONS PRESENT SCHEDULED TO BE HEARD None ~ 4. PUBLIC HEARINGS None 5. APPROVAL OF MINUTES of January 13, 1988 Minutes were approved as submitted 6. OLD BUSINESS None 7. NEW BUSINESS a. Request for Tidelands The memo from Administrative Assistant Gerstlauer detailed the request. The Commission reviewed various maps of the location. Chairman Smalley asked if there were any other purpose that particular land could accommodate other than some type of transportation of goods, or fish processing. Commission Bryson stated that his question was more historical, i.e. "we have had a history in the port area of leasing property, specifically by Mr. Roper, has the Harbor Commission addressed this." Answer from PLANNING & ZONING COMMISSION Regular Meeting, January 27, 1988 Page 2 Planning Specialist Loper, no, however, it is already on the agenda for the next Harbor Commission meeting. However, the Planning Commission will need to direct its comments to the Council as will the Harbor Commission. Commissioner Bryson stated that,."generally, its a marine related use and it is an appropriate area for that use, as far as being site specific I would not have a shot in the dark as to whether {inaudible)". Chairman Smalley, "I agree that it would probably be an appropriate use, but as for being site specific, that is more the Harbor Commission's responsibility than ours." Commissioner Bryson stated that it does conform to the zone description for industrial use. Chairman Smalley indicated support for the concept of a business in that area, because it is appropriate for that area. The Commission further discussed businesses. Planning Specialist Loper explained that the specific type of business will not be addressed until the Council has approved this property for release, then a site and business specific lease will return to both the Planning Commission and Harbor Commission. Commissioner Bryson, "I don't understand why that's the case, leases down in the tidelands are, there have been a number of them." Chairman Smalley agreed, citing the cannery lease of a few years ago. Planning Specialist Loper asked for specific instances, Commissioner Bryson answered, the prior leases for the ill fated harbor project by a private party down there, {the Roper project). Answer from Planning Specialist Loper, that was not a tidelands lease. Commissioner Bryson, "But that area lay in tidelands". Answer from Councilman Measles, "the area that he's leasing is under water at mean high water." Planning Specialist Loper explained that the leases for fish processors was leasing land not tidelands. Commissioner Bryson asked for details concerning the Roper lease, Councilman Measles answered that wetlands would not necessarily be water that is affected by the tidal action. Planning Specialist Loper explained that wetlands can be no where near a body of water an example; behind Wildwood. Commissioner Bryson stated, "I think there is ample precedent for leasing lands which fall in tidelands, unless we are working within the ordinance and it has been updated since the last lease. Planning Specialist Loper stated that the only actual tidelands lease on record is several years ago by Mr. & Mrs. Coyle and it was for a fishing site further up the river. The Commission further discussed this issue, however, it was understood that this land is actually under water. Chairman Smalley asked, "during mean high water, how far is that point going to stick out into the river and potentially interfere with facilities already in operation by Salamatof or North Pacific. Answer from Councilman Measles, "if this is any kind of a scale drawing, its going to stick out quite a bit farther than either of the two adjacent facilities. I don't know how that will affect their operation of getting their barges or boats in to their dock." Chairman Smalley stated that this should be an issue the Harbor Commission should take a closer look at. Commissioner Kryzyanoski stated that we could even take a look at when we get PLANNING & ZONING COMMISSION Regular Meeting, January 2'7, 1988 Page 3 `'j the plans, right now we are more concerned with are we going to give the ok to go ahead and allow people to bid on the lease, we are getting too far ahead of ourselves at this point in time. Commissioner Church asked if any of this 6.18 acres on high ground or is it all in the water. From maps, it appears that all of the land is under water. Commissioner Bryson asked how the area proposed fit into the harbor plan as far as constricting the waterways where they established a wharf line out in the river. Answer from Councilman Measles, I don't know that that's ever been done. That is part of the details of the construction of the planning of the facility. Chairman Smalley agreed that that should be looked at another step beyond this. Councilman Measles stated that something sticking 400' out into the river could cause some problems to Salamatof and the other fisheries, however, that is not something that this body is voting on. However, lets carry this one step further, lets say it goes through all these steps and the City Council agrees to release it and he is the successful bidder or he exercises his first right of refusal and he gets access to the property, will this body or any other body actually have anything to say about what he builds there if the Corps of Engineers approves it. Planning Specialist Loper stated that the Corps does hold a public hearing for comments from all private individuals and agencies. Councilman Measles asked if there is a public hearing as such that if no one comes forward and requests one in writing. Planning Specialist Loper answered that the City would probably have to formalize a public hearing for it. Chairman Smalley stated that if the City has to grant permission for the release of the land I would imagine the Council would have input or get information as to what they are doing. Planning Specialist Loper answered, if he leases it we will have detail. It would come back to the Planning Commission, the Harbor Commission, and to Council. MOTION: Commissioner Kryzyanoski moved that the Commission approve the concept of leasing the tidelands and recommend that to the Council, seconded by Commissioner Church. Chairman Smalley asked, when we make this recommendation of a concept to release tidelands does that then release any tidelands within the City that comes available, answer from Councilman Measles, no, only this specific application. Chairman Smalley stated that he would feel more comfortable if it reads this specific 6.18 acres. MOTION AMENDMENT: Commissioner Kryzyanoski moved to amend the main motion to read the specific 6.18 acres presented in the memo by Administrative Assistant Gerstlauer, consented by second. Commissioner Bryson asked, "the Harbor Commissions view of dimensions, etc. will carry, I presume equal or greater weight than our motion and will over ride it if what is proposed here is PLANNING & ZONING COMMISSION Regular Meeting, January 27, 1988 Page 4 'j incompatible." Chairman Smalley answered that that is exactly his concern. The Commission further studied available maps. It was determined that the site is the old Bearite site where a ship had been located at one time. VOTE: Motion passed by unanimously by roll call vote b. Review Proposed RV Ordinance Councilman Measles explained that Council requested that both Planning & Zoning and Parks & Recreation Commissions look over the ordinance and make it more specific to parks and not private use of RV's. There are some conditions in here, if you pull an RV into your driveway and hook a water hose to it, its in violation of this ordinance. I think the general feeling of the Council was that they wanted to write the ordinance to cover parks period. And not get into the individual use of RV's. Chairman Smalley stated that part of the complaints we were dealing with were people who came in and spoke to the Commission, for instance from Thompson Park and other areas, where camp trailers were being utilized as living quarters. They had been pulled onto the property and were being used as living quarters year round. I think there was an attempt to identify a method we could define what we were calling an RV. I'm thinking that when it left here, there was a time frame involved here. There was a length of time that it would be acceptable, if it went beyond that it would be a violation. Councilman Measles stated that this deals only with long term use and goes on to define long term use. Under this ordinance if you have it in your driveway connected to utilities for half a day it would be long term use. Chairman Smalley reiterated the time limitation that the Commission had originally suggested, and thought it was two weeks. Commissioner Bryson stated that reading through this now, its clear that it relates to RV parks, perhaps there should be an addition made to an exception toward prohibited uses where its qualified for individual short term use on private property. There is a church right down the street from me and through the summer there are RV's that pull in there and hook up to water and are there for a few days and would be in violation and there is nc particular reason why they should be. The Commission further discussed RV's and mobile homes with Councilman Measles. Howard Hackney cited some sections of the code which are obsolete and compared them to this ordinance. Commissioner Bryson used Anglers Acres as an example. Property owners along the river drive their RV's down from Anchorage and leave them there and live in them during the summers and weekends. PLANNING & ZONING COMMISSION Regular Meeting, January 27, 1988 Page 5 ~~ Commissioner Nault stated that while listening to the discussion, it sounds like a case of apples and oranges. If the intent of this is to provide for and define RV parks and allow for that kind of use in the City then I don't understand why we need to include something that discusses living in a mobile home or something that is functioning as a mobile home on a piece of land, (reading from the proposed ordinance) I don't understand why this can't remain as it substantially is and address the inappropriate use of travel trailers in the mobile home ordinance instead of tacking it on this one. Commissioner Church asked if that wasn't what was in the original draft sent. to the attorney's office. "When I first came on we were trying to put that under the mobile home ordinance with a time limitation and I thought it was 30 days." Chairman Smalley, "My concern is that when things come back to us, there really is not much of a recommendation as to why certain things were omitted and there really isn't much there saying this is what you should incorporate." Councilman Measles stated that it appears that there are some things that have gotten lost since the first time it came to Council. Last week was the third time it had been to Council and it was voted down the reason being that maybe the Planning Commission could request a work session with the Council to make the amendment. Then we could write something we can all agree on. Chairman Smalley asked Mr. Hackney if it would work, to leave the ordinance as it stands pertaining to RV parks and add verbiage to the mobile home ordinance pertaining to RV use on private property, i.e. something referring to serving as a ~ mobile home. Mr. Hackney and Commission. Bryson noted that the general intent at the front of the ordinance, it speaks to RV parks and then it runs through the definitions. In section 2 it speaks to RV's as opposed to parks. It appears as though what the Council would like is RV's in approved RV parks, then the rest might be applicable. It narrows the scope rather than broadening out to a full spectrum. Chairman Smalley noted that this is a new Council and "beating it up again" might not be a bad idea and discussing these new ideas may be helpful. MOTION: Commissioner Bryson "proposed going back to the Council for a work session, to include the Planning Commission, the Parks & Recreation Commission, and Council, seconded by Commissioner Church. The Commission agreed to set a tentative work session with Council prior to their next meeting February 3rd as the Commission now stands two members short and Commissioner Church and Nault will be gone through most of February. The Commission will be notified should the work session be called or cancelled for February 3rd. The Parks & Recreation Commission is to be included. VOTE: Motion passed by unanimous roll call vote. PLANNING & ZONING COMMISSION Regular Meeting, January 27, 1988 Page 6 c. Resolution PZ88-3: Approving FY88/89 Budget The general over all budget shows an increase of $250 for the year, however, upon getting into the work sheets, nearly all items have decreased except one, communications which are usually long distance phone calls which have dramatically increased, the reason being mostly return calls for research items. MOTION: Commissioner Bryson moved to recommend to Council the adoption of proposed budget for FY88/89, seconded by Commissioner Church. VOTE: Motion passed by unanimous roll call vote. 8. PLANNING Item c will be moved forward as there is a speaker on this issue. c. Development of Day Care Center in TSH Zone - Mr. Bekins Mr. Dave Bekins introduced himself stating that he is with Dick Mueller Realty representing Mr. & Mrs. Jones who are potential buyers for an apartment building which has 4 two bedroom units and 4 efficiency units. The 4 two bedroom units are on the top floor. The building is located at 507 Willow Street and is the smaller brown building facing Designer Realty. The Commission and Mr. Bekins discussed licensing and granting restrictions. Their intention is to live on the premises and act as managers and operate their day care. Chairman Smalley summarized the issue; 1) the code does not deal with day cares (or any form of child care) in anything outside of a single family dwelling unit (this is a request for a day care in an apartment complex), and 2) the code does not deal specifically with uses within the TSH zone. We set up the ordinance for a body to deal with on a case by case basis. Chairman Smalley asked if there were a figure for the number of children to be served, answer no, however, it appears that the highest number that could be served is 6. Chairman Smalley noted that the floor space appears to be doubling. Commissioner Nault stated that she had seen no figures on floor space and that would be an indicator of the number of children. Commissioner Bryson stated that he was under the impression that the general use of that zone was to promote and utilize the existing structures in there too and develop them compatibly. Paragraph 3 appears to suit the best. Given the nature of the neighborhood, I am not troubled by the use. Chairman Smalley agreed and asked how the Commission wanted to handle it, with a conditional use or other. Commissioner Bryson suggested a declaration of compatibility with the zone, given that it is not going to fit anything in the code. Commissioner Nault and Bryson asked for further details of the building itself and parking. Mr. Bekins: There are 4 two bedroom PLANNING & ZONING COMMISSION Regular Meeting, January 27, 1988 Page 7 j apartments on the upper floor, two of the apartments are going to be joined and utilized for the child care, the rest are to be rented. The parking surrounds the building and is more than adequate. The Commission agreed that an apartment and a child would generate heavy amounts of traffic and parking. The Commission further discussed the possibility of public input, however, felt that a declaration that both the use and the building are compatible in the zone and the declaration would suffice. For the record, the Commission feels that updating the code is a priority and are added to the goals and objectives listed below. a. Review Goals & Objectives The Commission reviewed the goals and objectives as submitted to the Council at the joint meeting and wished to add some items and send them on to Council: Goal 3 - 2, Include "Update Zoning Code to Include Revisions to the TSH Zone" and will accompany Goal 7. Goal 3 - 3, Update Day Care Ordinance Goal 5, now states "Revise Mobile Homes Ordinance". This goal was originally intended to handle the complaints of citizens regarding RV's. This goal will be extended indefinitely pending outcome of the work session discussed above. Goal 7, Add "Assume Duties of Landscaping/Site Plan Review Board". The Commission will add verbiage to this pending notification of appointment of new members to the Commission. b. Review of Corps of Engineers Application for Use of a Public Waterway: Docking Facility in Beaver Creek - Dusseldorp Materials furnished by the Corps of Engineers depicts a floating dock and floating walkway which, apparently, is seasonal, i.e., would be pulled up during the winter and used during the summer months only. According to Borough records, the owner resides in Anchorage and apparently would use the dock only during the summer months. There are no buildings constructed on the lot at the current time. The Commission reviewed the topographical maps of the area and the material furnished. Both Chairman Smalley and Commissioner Bryson are familiar with the area. The Commission determined that, while there is no problem with the location of the dock, the length of the dock is a critical factor and express concern for blocking boat traffic which would necessarily pass this facility. Apparently, boats can pole up the creek at low tide provided there is no obstruction. This dock appears to extend into the water at low tide. Further, this dock appears to be of such length that it would block traffic at low tide as well as high tide. The PLANNING & ZONING COMMISSION Regular Meeting, January 27, 1988 Page 8 ~j Commission asks that this factor be taken into consideration by all review bodies. 9. REPORTS a. City Council Councilman Measles referred to the Council Agenda in the packet and made his report. b. Borough Plannina Commissioner Bryson reported on Borough Planning Commission activities. There was one plat for the City of Kenai on the agenda. c. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. Council Agenda b. Borough Agenda No comments or questions 12. COMMISSION COMMENTS & QUESTIONS Chairman Smalley reminded Commissioners to turn in their Conflict of Interest Statements as soon as possible. 13. ADJOURNMENT There being no further business, the meeting was adjourned at 9:40 PM. Janet A. Loper Planning Specialist PLANNING & ZONING COMMISSION DATE• i Roll ~~ /~ Call ~~ C ~(~ / ~ ~ ~ ~~~' /// O~iI ~-laY Sma.Iley l Peal ~p soII ~ ~ \ ~~®I'7L.e'9 G~]t11TC~1 D~t~xe z Osk ~ \ \~ ~1C~ ~i.Y Pay ~~~at ~ TO ~ LiS`T. ~ ~~ ~~~ ~ ,, ~~ ~ r ~~~-- ~ ~ ~-2 ~~ NOTES