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HomeMy WebLinkAbout1988-08-24 P&Z Minutes~, KENAI PLANNING & ZONING COMMISSION August 24, 1988 - 7:00 P.M. Kenai Senior Citizen Center 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 August 10, 1988 6. OLD BUSINESS 7. NEW BUSINESS 1 a. Conditional Use Permit: Bed & Breakfast and Guide Service - Lot 1, Caro S/D - Ken & Elizabeth Smith 8. PLANNING 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 c. Letters from Public Supporting Foster RV Park 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT KENAI PLANNING & ZONING COMMISSION August 24, 1988 - 7:00 P.M. Kenai Senior Citizen Center Hal Smalley, Chairman 1. ROLL CALL Present: Smalley, Brown, Bryson, O'Reilly Absent: Nault (excused) Church (unexcused) Also Present: Councilman Measles 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Conditional Use Permit: Bed & Breakfast and Guide Service - Lot 1, Caro S/D - Ken & Elizabeth Smith Planning Specialist Loper introduced the item with comments from the staff comment sheet. Terry Mattison of Freedom Realty, representative of the Smiths, presented additional material including photographs and an as-built survey of the lot. The material supported parking and screening questions. Mrs. Mattison further informed the Commission that clients would be picked up at the airport and transported to the house, there would be no individual traffic. Chairman Smalley: Regarding the boats in the pictures, who do they belong to. Answer from Mrs. Mattison, they belong to the Smiths and are guide boats. Chairman Smalley: Regarding the corner property, I understand that Mr. Smith is going to have some sort of device that will lift the boats in and out of the river. Answer from Mrs. Mattison, it will be on the left side of the property where it is out of view from any property. Mr. Smith has talked to the Corps of Engineers who stated that there would be no problem and no need for a permit. Chairman Smalley asked if it would require clearing, answer no. Chairman Smalley: You mentioned that there would be very few at any one time (clients). Answer from Mrs. Mattison, three bedrooms PLANNING & ZONING COMMISSION August 24, 1988 Page 2 are going to be used for the guests and three for the family. So there would be about 3 to 5 fishermen. Commissioner O'Reilly: The letter (from Mr. Smith) states 9 to 12. Commissioner Bryson: It doesn't state if it's for a year or at one time. Commissioner Bryson: How many bedrooms are planned for the guests, answer three. How many total? Answer from Mrs. Mattison: there are four bedrooms now. Commissioner O'Reilly: The floor plans shows five. Chairman Smalley: There is a "B" on the floor plan. Is that another bedroom? Answer from Mrs. Mattison: The guests will be downstairs and the family upstairs. There is a family room downstairs. Commissioner O'Reilly: And the "B" in the corner. Answer it is a laundry room and stairway going down with a solarium. It is all open space. Chairman Smalley: How many businesses on Angler and Ames are operating with current City licenses. Answer from Planning Specialist Loper: I've gotten about half way through the list and there are 6 that are located. They are listed to charter, guide services, and a lodge. Chairman Smalley: Did they ever request anything from the City before establishing the business? Answer no. Commissioner O'Reilly: Are those the same businesses that are referred to here in the staff report? Answer no. Commissioner Bryson: I believe Nick Miller came and got a home occupation some time ago. Planning Specialist'Loper: I have checked and have not been able to find anything. Nick Miller: I know, I was on Planning & Zoning when I got it. You were in the airport, in the city managers office, and it was back in, well I've been doing business since the 1970's and I got the permit about 1980 and that was because that's when they started going around and asking people, they were getting aware of zoning and what not and asking people would you please get permits to do this if you're going to continue doing it, at that time I went in and did it, I'd been doing it for a long time before then and I did get one. Planning Specialist Loper: In going back as far as I can go with our current records which is about 1980, there is nothing on the record. Mr. Miller: Like I said, I was doing business since about 1970 and it was sometime after that. Planning Specialist Loper: Do you have a copy of it? Answer from Mr. Miller, a business license? Answer no, the permit. Mr. Miller: No I sure don't. Commissioner Bryson: I know for a fact he did. Planning Specialist Loper: I'm not questioning that, I'm saying I can't find a record. Chairman Smalley: Regarding the picture of the warehouse, I believe that is your ... its going to be your garage because I believe you are going to be building a residence and that is going ~ to be where your garage is going to be. So the term warehouse is a mis-used term. PLANNING & ZONING COMMISSION August 24, 1988 Page 3 Chairman Smalley called for comments from the audience. Mr. Miller asked to view the pictures prior to comments. Mike Pelch: Whoever wrote this letter to you people (referring to letter from Mr. McKechnie) is very appropriate. I couldn't hear very well, but it appears that some of you are in favor of turning Beaver Creek into a commercial zone. Is it your intention to turn Beaver Creek into a commercial zone. Commissioner Bryson: I don't think anyone on the Commission said that. Chairman Smalley: We were speaking to the application that has come to us. Mr. Pelch: You refer to other guide services and bed & breakfasts and I know, living right there myself, I know a lot of people are getting unhappy about the situation. I've lived on Beaver Creek longer than any body. Commissioner Brown: Do you live on Ames? Answer no. Chairman Smalley: He owns property on both sides of Ames, down Beaver Loop and Angler. About 160 acres. Nick Miller: I own two parcels on South Ames Road and I control another parcel, the one you got the letter from, from McKechnie, he is attending school in Fairbanks and working as an engineer up there so we're renting the house for him. One of the things he didn't write in his letter, the lease that we have them fill out and sign when they lease the house, is that they do not operate a guide service, they do not allow a guide service to operate on their property. My property is right next to that and right next to the Green (new owners Smith) property which is where I lived quite a few years ago. I never allowed any one to tie up or use my creek front either. Gong through these pictures, the one with the log cabin, those people live here full time and work here so they aren't recreational. The other one is up the road and they are from Anchorage, that's the trailer house. The other one is the McKechnie 3.5 acres which is Phil Ames old house, which eventually is going to get burned and a nice house is going to get built. I'm the one that owns the warehouse in the pictures next to the Smith property. I work for a company here as a truck driver. I like to work on boats and fool around with metal, that's my hobby, there's no signs there. It is a business because I do have a business license. I don't intend to keep the business license forever once I get my shop done and get my house built on the creek, I don't care. On the businesses in the area, the only business on that road is me. The six businesses are all on Angler Drive and does not connect with Ames. That was a subdivision that got in over a lot of protest because it was supposed to be recreational only, no ~ sewer system, and just to be people going down there to have cabins and fish. Most of the people that own land there don't live here. So on Ames, the only one that does have a business, PLANNING & ZONING COMMISSION August 24, 1988 Page 4 'l I'm the guilty one as of now. Things keep going the way they're going I'll be happy to tear up my permit and throw my business license away to preserve it. On the photo of the adjoining property of the screening trees, if you look they are only 28' from the corner of my property behind the swimming pool. I intend to build right here. I don't want anybody doing what they intend to do here right next to me. If it was an individual owner and lived there year round and the guy had one boat with one guide, wanted to rent out a room for a bed and breakfast I wouldn't have an objection. This isn't the case, this is an out of state company that does business in Alaska three months of the year. I think they will have enough use on that road to impact it. We talked to DEC and they did have some questions about how they were going to get boats out of the creek without disturbing the natural vegetation. There are some trees down there, they would have to do some clearing. I do have that business down there but most of the stuff I do is either people call me on the phone or stop by, I've got neighbors that have two or three teenagers that generate ten times the traffic my building generates. I don't solicit business, but I do get it and I keep it as non-business looking. There is a boat in front of it. I don't keep junk or store things there. Under the circumstances, if they want to run this, they may be real nice people, I don't know I never met them. They went by there two or three times when I was there and kept right on,.gg,ing. Commissioner Brown: Is your opposition to it because of the increased traffic down Ames or because of the increased traffic up Beaver Creek. Mr. Miller: I would say both reasons. Primarily because Angler Drive is on the lowland. We are 20 to 30 feet above that. Most people coming up the creek are stopping at Angler Drive. Mr. Miller presented a topo map of the area. Mr. Miller stated that the rear portion of Ames Road have homes in excess of $50,000 and are not recreational. Many persons on this side dock their boats. Mr. Miller referred to the Ames Road Project which the City undertook to build the road we had to have this surveyed ourselves, get all the property owners to sign a release so the City could have the ROW to build the road and we also paid to get the gas line extended to the end. Commissioner Brown asked for Mr. Miller's property description and asked if Mr. Miller used the creek for boat use, answer no. Chairman Smalley called for further comments. Carol Ambarian: I lived in the house you are talking about for eight years. I own the property next door and I've owned that for 16 years. All the time I was living in that house I was thinking PLANNING & ZONING COMMISSION August 24, 1988 Page 5 what a great lodge this would make. It is so perfect with a view, right on the creek, and the size. I agree that that is the way the area seems to be going. I don't understand why these people are the only ones that have ever applied for a permit when there are so many other of the same type of concerns running. Perhaps if they had just kept quiet then no one would have known its there, but they were honest. I am in favor of it because I can see it will increase the value of my property. Chairman Smalley: However, at this point in time that would be the only bed and breakfast on that road. The rest of them do exist off Anglers. Commissioner O'Reilly: The bed and breakfasts that exist off Angler though are they in agreement with the code, are they registered with the City. Chairman~Smalley: I think they are being operated but under the table. Commissioner O'Reilly: Well what happens if they are operating and not under the code. Chairman Smalley: I believe that is being worked on. I believe DEC is looking into some of those businesses. Chairman Smalley called for any further comments from the public. Nathan Baily: I live next door to the house and the only thing I see that doesn't seem as simple as it looks is how they are going to get boats in and out. They say they are going to get them up from the left side of the house. That's between their house and my house and they couldn't possibly do that without disrupting my life. Carol Ambarian: Except that I own the house. That is my cabin. I have two parcels that border this house. Terry Mattison: Ken and Elizabeth have been looking for property since last summer. I know these people and they are not going to have parties out on the deck. The customers that they bring in are professional people that come up every year to fish. They have an excellent clientele. Ken and Elizabeth have two permanent residences, one in Idaho. Many people do this. They run a guide service there also. This is not just a business, they will be living here with their children. They don't plan to disturb the terrain, they have had the Corps of Engineers come down, go over the embankment, discuss what their plans are and the Corps feels there is no way the operations are going to hurt the vegetation or disturb the creek. They are going to put a floating dock in, and they certainly don't want it disturbed either because that is part of the beauty of the spot. Several times when we were there boats were going up and down the river and they certainly weren't going slowly. Commissioner O'Reilly: Where have these people been keeping .their guests up to this time. Answer; at the Riverside Inn and a bed and breakfast in Soldtona. Commissioner O'Reilly: Where was their guide service being operated. Answer; from Sunshine Sports. PLANNING & ZONING COMMISSION August 24, 1988 Page 6 -~ Chairman Smalley: Reference the letter form the Smiths they said nine to twelve and you had said a few at a time or three to five. Three to five boats might not be much of an impact but.... Terry Mattison: Not three to five boats. Commissioner Brown: Are you talking about bringing up nine to twelve people during the summer or all at one time? Answer, they are only operating two boats so they couldn't bring that much. Commissioner O'Reilly: So those that stay, stay for a while. Answer, usually seven days. They have different bookings through the summer and I don't know how many for sure. Chairman Smalley returned the issue to the Commission. Commissioner Bryson: My concern is the .... I don't see a tremendous impact as a real small operation but I am concerned if it becomes a hotel situation where. you hive five or six people for the whole year. I would like to see some indication as to the actual number of both clients and how many bedrooms will be used so that there is some method of evaluating how close they are conforming. Commissioner Brown: On the permit is there a way of restricting the number of people would be at the bed and breakfast? Answer from Planning Specialist Loper: yes. The resolution can be amended however you wish. Are you thinking in terms of the whole summer or at one time. Answer; at a time. Planning Specialist Loper: Would your clients have a problem with that? Commissioner Brown: Would you have a problem with say no more than twelve people in the residence at one time? Answer no. I will have to ask them but I don't see a problem. Terry Mattison: In reference to building his house, there is a considerable amount of distance from the end of that pool to where the deck is. When people are actually in the pool they are not going to be in the corner of that property...... Tanni Miller: Excuse me, I want all of you to take a physical walk around so you can see. You have no concept from the pictures. Come out and have Nick and myself come out and show you the boundary lines. I'm sorry, I would definitely object. Chairman Smalley: I think that is a good idea, we should all go out and view the area. This Commission has done that in the past. Terry Mattison: I would agree to showing any of you around also. Commissioner Brown: Is there any problem with postponing this request? Commissioner O'Reilly: I agree, we could view the area. Would it be a problem to the owner? Answer no. Commissioner O'Reilly: Would they be able to put a sign on the property to advertise their business? Chairman Smalley: I was also concerned because on home occupations they are allowed. PLANNING & ZONING COMMISSION August 24, 1988 Page 7 Planning Specialist Loper: yes they are allowed. Chairman Smalley: It sounds like this particular business wouldn't be out necessarily advertising because they would be dealing with clients that they deal with from another state. The other concern I have is the limitation of a business not to exceed 30~ of floor space. Planning Specialist Loper: That pertains to home occupations only. Mike Pelch discussed long range planning and setting aside river front property for commercial enterprises. Commissioner Brown: I believe this was similar to a request we had last week from a private party. Commissioner Bryson: You would propose philosophically that we identify an area that is private property and rezone it? Answer yes, you could do that as the need is there. Chairman Smalley: It appears that that area is headed for potentially commercial zoning. Living out there on North Ames and knowing the residents, that's not a fair statement for the Ames Road. Anglers Drive yes. There would be an impact on this end, the traffic on Ames and the traffic on the river as well as the erosion. Planning Specialist Loper: In discussing a trip to the property, Irene and Herman Fandel have offered their establishment for viewing by the Commission. Chairman Smalley: That is a nice facility but they have not been satisfying the neighborhood. Tanni Miller: Nor do they have a creek that would be impacted. The situation is different in that there are curbs and gutters, paved streets and lots of parking for equipment. MOTION: Commissioner Bryson moved to postpone this until the next regularly scheduled meeting, September 14th, seconded by Commissioner O'Reilly. VOTE: Motion passed unanimously Chairman Smalley: I would encourage the Commission to visit the site and view the bank as well. Terry Mattison: The state sent us a letter saying that for what Ken and Elizabeth are planning on doing no permits are necessary. Chairman Smalley asked for a copy of the letter, it will be available at the next meeting. 8. PLANNING The Commission will have a work session at the next meeting, September 14th for work on the Comprehensive Plan. The work session will begin at 6:00 P.M. PLANNING & ZONING COMMISSION August 24, 1988 Page 8 j 9. REPORTS a. City Council Councilman Measles reported that he had been out of state, however the agenda is provided. b. Borough Planning Commissioner Bryson reported that Gusty S/D was granted administrative approval. There was a protest to the Borough concerning a drilling operation by Borealis Resources in Clam Gulch. The status of the land is residential. Clearing has been undertaken and establishment- of the drill site. The person protesting the activity asked for some invocation of the Borough noxious, injurious, hazardous use ordinance. There will be a public hearing for any interested person in September. This was an old lease that had been picked up for exploration. The most concern is noise. Chairman Smalley: And the use of the water out of the creek, about 15,000 gallons per day. c. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. Council Agenda b. Borough Agenda c. Letters from Public Supporting Foster RV Park Chairman Smalley: Concerning item c-11. I believe these letters came in to Mr. Brighton and then on to us. A comment to Janet earlier on the phone, of the six letters four of the people live in Soldotna, five of them were written on the same typewriter and I believe the people that wrote them are all employed by the same company which is somehow a relationship of the Fosters, I think they are employees. I told Janet I really didn't have any problem with people telling us what's in our best interest but I had a real difficult time with Soldtona telling us what's in our best interest. 12. COMMISSION COMMENTS & QUESTIONS Commissioner Brown: Is there an open seat on the Commission? Answer yes. We are still holding on Gloria's seat so there is PLANNING & ZONING COMMISSION August 24, 1988 Page 9 --j one. Commissioner Brown: Would it be appropriate to make a recommendation? Planning Specialist Loper explained the procedure and encouraged any interested persons. 13. ADJOURNMENT There being no further business, the meeting was adjourned at 8:10 P.M. Janet A. Loper, Planning Specialist Secretary to the Commission