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HomeMy WebLinkAbout1988-09-14 P&Z MinutesKENAI PLANNING & ZONING COMMISSION J September 14, 1988 - 7:00 P.M. Kenai City Hall Hal Smalley, Chairman AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS a. Resolution PZ88-9: Conditional Use Permit for Bed & Breakfast & Guide Service - Lot 1 Caro S/D - Smith b. Resolution PZ88-12: Variance Request: Development Requirements Table for 35' Height Restriction - Lot 5 Dragseth S/D - Dragseth c. Resolution PZ88-14: Conditional Use Permit for Oil & Gas Extraction - Portion Sec. 2 - Far North Oil & Gas - White 5. APPROVAL OF MINUTES of August 17, 1988 6. OLD BUSINESS 7. NEW BUSINESS a. Preliminary Plat PZ88-10: Mommsen's S/D (?) b. Preliminary Plat PZ88-11: Linwood S/D #2 c. Preliminary Plat PZ88-13: Angler's Acres S/D #1 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 12. COMMISSION COMMENTS & QUESTIONS ~~ 13. ADJOURNMENT 1:20 P.M. 9/9/88 - Mr. White asked that item 4-c be postponed until the meeting of 9/14/88. u - ~~ KENAI PLANNING & ZONING COMMISSION SSeptember 14, 1988 - 7:00 P.M. Kenai City Hall Hal Smalley, Chairman 1. ROLL CALL Present: Smalley, Brown, Bryson, Nault, O'Reilly Absent: Church {unexcused) 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ88-9: Conditional Use Permit for Bed & Breakfast & Guide Service - Lot 1 Caro S/D - Smith Chairman Smalley reminded the Commission that this was a return item and that the Commissioners had been asked to get out and view the property prior to this meeting and called for comments from the petitioner. Terry Mattison, representative of the Smiths came forward. At the last meeting the Commission had asked for a letter stating what their intent was, I have that now, and also a letter from the Corps of Engineers stating that what Ken wants to do in regards to Beaver Creek, he does not need a permit. They will be able to do what they want to do until they get to the high water line. Mrs. Mattison distributed copies of both letters. According to the letter, as long as no debris falls into the creek no permit is necessary from the alders up. Once down into the high water line a permit becomes necessary. The letter from Ken and Elizabeth Smith states that there will 6 people at a time in the house as there are only 3 bedrooms plus no more than 3 drift boats. ,The boats will be putting out at the house and pulling out at Cunningham Park or Eagle Rock. They state in the letter that they have business from various sportsman's shows throughout the state and have several European customers. They offer full packages for these clients which include sight seeing trips, fishing in Kenai and Homer as well as the bed and breakfast. The length of stay is usually two weeks. KENAI PLANNING & ZONING COMMISSION September 14, 1988 Page 2 Commissioner O'Reilly: Are you saying that they would only be using 30~ of the house? Answer; three bedrooms of that house probably would be. Their main guide service would probably be run out of Sunshine Sports as before. Commissioner O'Reilly: When they applied for this did they apply for home occupation? Answer from Planning Specialist Loper: They wanted to be able to cover all possibilities and opted for the more stringent as opposed to the home occupation. Commissioner Bryson asked Mrs. Mattison to describe what the guide service and bed and breakfast as far as activity is concerned. The guide service activity that is taking place on the lot. Answer from Mrs. Mattison: The client comes to the house and stay there, they are taken out on the drift boat, they drift down river and pull out. They would be fed at the home. Commissioner Bryson: Basically the most activity generated would be at the house for meals and sleeping. Chairman Smalley: They would be pulling the boats out at Cunningham rather than Beaver Creek? Answer yes. There or depending how far down the river they go. Chairman Smalley: And there wouldn't ever be any more than 3 or 4 boats on the property. Answer no. Commissioner Bryson: How many guides are licensed? Answer, only one. Commissioner Bryson: Do you have to be a licensed guide to operate? Answer, I don't know. Chairman Smalley: Actually a drift boat doesn't require a license such as a six pack. Answer from the audience: Right, drift boats don't require the same licenses as do motorized boats. Chairman Smalley called for comments from the audience. David McKechnie: I live at the end of Ames Street. I have also sent a letter addressed from Fairbanks. I believe you talked to the Army Corps of Engineers, I have also talked to them, and basically what she said is correct. Once they get down to the flat spot you do have to have a permit to do anything. There is another permit that is required, this area is part of the Kenai River Management area and therefore they have to go through the State of Alaska Parks and they handle permitting for anything that has to do with the shoreline and that's Sue Millington. All the residents on either side and along Ames Street have nothing to do with guiding businesses. All the guides are down on Anglers. There's no business that brings the kind of traffic we're talking about down in our area. I'm really against it. It opens the door to another development that I'm sure you're all aware of which is the RV park. And I consider this one to be in a similar vein although it's much lesser impact. The boat, although she says there won't be any guiding activity out of the house, I find that hard to believe that they're going to go to all the expense of building a dock and a way to pull the boats up out KENAI PLANNING & ZONING COMMISSION September 14, 1988 Page 3 there. Therefore there will more people coming down here four to six people to a boat more than two, any more than boat. David McKechnie: So plus the associated traffic, be more activity based on that plus if they're running four boats with .. Chairman Smalley: probably no that it's too hard to control the ae're still talking eight to 16 people trespassing .... Terry Mattison: They only go out on the river once a day. They take people to and from the airport to the house, there are no individuals who would increase traffic. David McKechnie: Yes but I have no assurance that that won't change. There are a bunch of illegal guides down the river and believe me its a roaring business in the pure sense of the word. Chairman Smalley: I believe the City is pursuing that. David McKechnie: I believe they will go to power to get up Beaver Creek. Commissioner O'Reilly: Can we separate the bed and breakfast from the guide issue? Answer; probably. David McKechnie: The way the ordinance is written you can only have one conditional use per property and the way this is written it combines the two. And they are not necessarily tied together. They are two separate entities. Nick Miller: I live next to the property being discussed. You already know how I feel so I won't go into that. The only thing I would like to state is that for any reason you approve any one or other or both of these or any part of these, that you make sure that the restrictions or conditions are very clearly stated that do protect people that would like to be a private property owner in the area, and pretty well write it out, this is just to say you do decide to do it for some reason. Put in all the restrictions that should be put in there that are in the book so that the other owners around there will have some recourse so that people who own the property, should they get a permit also will know the guidelines they have to go by under the conditional use process. Commissioner Brown asked if the restrictions in the letter would suffice. Answer from Mr. Miller: Well, for the number of people, its not really covered in the code real well, you pretty well have to decide how many boats or how many people or any part of it that you want to allow. But there are some pretty specific things under the uses that have to deal with, not only screening, sight obstruction, off street parking, all these other things. The reason I'm bringing this up is in case any part of it goes through that we do have some recourse and we call the City for some reason, that there is something specific that we can tell the City so they're not just saying its just because you're not having a good day and you don't like the guy, and you're just complaining. If it's specific then we do and if you limit the number of people that are living in the house or under the bed and breakfast and boats coming up, that should be in there specifically so that if KENAI PLANNING & ZONING COMMISSION September 14, 1988 Page 4 it is being abused there is some guideline to go by. I can't just call the City up and say hey he's using four boats today. He might only be using two, I don't know. But those things should be in there and there is another matter going before the City now that if it had gone through the way it was there would have been no guidelines on anything. The person could have done anything they wanted unless it had, reason I'm saying this is because that's one thing that could be left out and if they got, say the bed and breakfast without the guides using the place well then, you know what time in the evening, if it's too late to be making noise, if that's what's going on or what, I don't know, that's questions you will hear about later if this does happen. I would have been a lot happier to see this happen if the person doing it would have been a single person with a single guide business and then maybe having a room as a bed and breakfast and living there year around where if there was a problem, I'll talk to a neighbor you live with and say hey, you know you're disturbing us a little bit, but this isn't somebody that's going to live here year around. He's not a person to know real well so we can't go over and say, hey, knock it off, you're bugging me. Tanni Miller: I'm not actually opposed to bed and breakfast and guiding service, although in the area I feel that its not particularly a good place for it, in a residential. And I believe it's kind of opening the door to anyone that has any property on Beaver Creek to just bombard the place as has happened in Soldotna. I went to a meeting last week in Soldotna over the bed and breakfast issue and guiding service issue. And it's gotten to the point where the guides feel like it should be against the law for private property owners to own property on the river. It should belong to guides and bed and breakfasts and people that serve the tourists. And shame on you if you are a private property owner because you're depriving a guide. That's pretty much how I feel. I hate to see the whole area opened up for just guiding services because it's going to push us right out. Chairman Smalley called for further comments, there were none. Commissioner Bryson: I wonder if it would make a better document if we approve or take action on an item or get a set of conditions or a set of development standards, whether its not having flashing lights on after a certain time of night, or screening, or what ever. Commissioner O'Reilly: Along those same lines, I get the feeling that we're going to be asked for a number of these permits and it seems that if there are this many businesses, people, or entities that need a conditional use, maybe we should consider the zoning itself. Commissioner Brown: That may not be desirable as you open up to others. Commissioner O'Reilly: I'm not saying one way or the other, we should change the zoning. I'm just saying that some people say this area has become commercial and some people say no its residential. Maybe we should let the people decide whether they want this to remain residential or have more freedom. KENAI PLANNING & ZONING COMMISSION September 14, 1988 Page 5 Chairman Smalley: I read those comments in the papers regarding past meetings. The area is zoned rural residential and granted there are businesses operating down there that are not operating in complete compliance to Kenai law. The City is pursuing it, so its not that the area has gone commercial, the area has gone illegal. I think we need to be careful so that we don't set a precedent that we'll make that become a commercial area. The input we've received says they want it to remain residential. Commissioner O'Reilly: I agree. Does it seem to you though that we've got some people that say that it should remain residential and some people who don't? Answer yes. Commissioner Bryson: Historically, the Planning Commission has left zoning changes up to the people in the area. Our zoning right now does not have a designation specifically for a recreational/commercial use. In that respect there is something we could do which would create a zone, but when no one's in it. In the not too distant past, Leo Oberts has asked for a zone of this type, at least for five years that I've known of. Chairman Smalley: And the difference for instance between the Ames Road area and Angler's Drive, number one the size of the lot, type of housing combinations, most zones are summer and only one or two are large enough for year round. It's almost two different areas. Commissioner Brown: Are we generally in favor then of coming up with some type of guidelines for bed and breakfast and guide services. Perhaps a favorable motion would be tied to those guidelines. I think the guidelines should be on the shoulders of the Planning and Zoning Commission and not a burden on property owners. Chairman Smalley: The guidelines would be the burden of the Commission and City Administration. Commissioner Nault: Can we set conditions for these, so they would be across the board for everybody from here on? Commissioner Bryson: What we're doing tonight would apply to this one only. Chairman Smalley agreed. Commissioner O'Reilly: So when you were talking about setting restrictions you were speaking to only this one? Commissioner Bryson: yes. The concerns I have personally on this one in the event it were approved would be not having the additional clearing or removal of vegetation or screening on common lot lines for adjoining residents. Something addressing how late activities can take place, something that would be compatible with residential use. Chairman Smalley: I know that with regular guides hours of operation are 7 to 7. Answer from the audience: 6 to 6 from June. That would be a time frame as far as fishing at night would be concerned. From the sounds of what we've been told the clients aren't going to go out there are rip, roar, and party. But if something like that is not contained within the condition, what's to stop them. KENAI PLANNING & ZONING COMMISSION September 14, 1988 Page 6 Commissioner O'Reilly: Do we have conditions of that nature for regular residents. Chairman Smalley: No. Commissioner Bryson: Just the nature of recreational .., it might be more abused in a residential area. Commissioner O'Reilly: Is it even constitutional to make them comply? Chairman Smalley: We talked about off street parking, I think there's probably adequate space down there, having walked through the property to park a number of vehicles, these people would be flying in, picked up and delivered, at no time there wouldn't be anyone driving their own vehicles. Terry Mattison: I wouldn't say at no time, because there are some people who might rent cars, however, there is more than adequate parking that cannot be seen from the road. Chairman Smalley: Then there's the potential of having all the space used by vehicles or boat trailers or boats that the side screening be so that ... Terry Mattison: On one side there isn't much screening, but the other side it is. Commissioner Bryson: Other conditions would be per stated by the agent plus garbage, number of boats, number of bedrooms used, etc. Commissioner Brown: Until we come up with a general set of guidelines that could be used for all bed and breakfasts that apply for a conditional use permit rather than going through the exercise of trying establish guidelines for, I can see a dozen coming before us soon. Chairman Smalley: Yes, but they are going to be different, like down on Angler's Drive when those start coming in to us, you get DEC to work down there as far as sanitation. Commissioner Brown: So we sit here and say the Jones' come before us and for your bed and breakfast you can have 40o and for Smith's they'll say well Jones got 40% why am I restricted to 30%. Chairman Smalley: We're talking for specific number of clientele, if you set it specific for all bed and breakfast, some of those off Angler's Drive might not be in compliance. Commissioner Brown: That's why I'm saying you need to set a guideline for why you're even looking at it. You need to be specific as to what you're trying to achieve by restricting the number of people they can rent to. Commissioner Bryson: I think this is a situation where this is a residential district and it should have those guidelines as far as impact. Commissioner Nault: I think the solution is responding to the people in the area. Commissioner O'Reilly: I do agree with Commissioner Brown that I can see that there will be a number of permits coming to us and it seems ridiculous to go through every single one. All the bed and breakfasts are going to be in residential. It has to be. It seems like instead of saying if you're going to have six people in your bed and breakfast maybe we should allocate a certain percentage of house area. Make it a ~ special use. Chairman Smalley: The home occupation uses 300. Commissioner O'Reilly: They need more than that. Chairman Smalley: This is a big house. I'm sure they're well within the KENAI PLANNING & ZONING COMMISSION September 14, 1988 Page 7 30~. I think you're going to have to be specific to the number of persons because there are different sets of standards that you have to look at that regulates the number of people. Commissioner Brown: What is that percentage of floor space, does that apply to bedrooms? Commissioner O'Reilly: But doesn't that mean they are going to be using the living room and eating in the dining room? Commissioner Bryson: That's where it should become a zone situation. Every one of these are going to be different. In all likelihood we will be going through this every time with every one. Commissioner O'Reilly: What criteria are we going to use for the guides. It seems that we should be using the same criteria. Chairman Smalley: Or the criteria we could use to evaluate them is the public input which we hear. Part of that is to help us establish guidelines as far as restrictions. But I agree with Phil, they're going to be specific. We didn't create the situation, we just have to deal with. I think rather than trying to create something general to all that may come in we need to deal with this issue and get this process on-going and then maybe we can establish something. Planning Specialist Loper: Part of our goals and objectives beginning in 1985 was to look into the bed and breakfast question. I have available for the Commission information from several sources that you could use for reference. Many of the samples have been in place and working for several years. If you desire, I can get it together and send it out to you and this may help you with restrictions. From listening to your discussions it sounds as though you are confused and this may help you out. Chairman Smalley asked Terry Mattison if there were a time constraint to her client's application, answer no. MOTION: Commissioner Brown moved for approval of PZ88-9, seconded by Commissioner Bryson. MOTION: Commissioner Brown moved to postpone PZ88-9 to the October 26 meeting, seconded by Commissioner Nault VOTE: Motion passed unanimously b. Resolution PZ88-12: Variance Request: Development Requirements Table for 35' Height Restriction - Lot 5 Dragseth S/D - Dragseth There was no one present to speak for the variance request. Planning Specialist Loper explained the details of the proposed home and distributed large blue line drawings. The home lies in an open area with only one other residence nearby. There is an oil and gas drilling sight within 300' of the property lines plus fish canneries in the vicinity. The height should not be a KENAI PLANNING & ZONING COMMISSION September 14, 1988 Page 8 .l detriment to aircraft nor any surrounding structures. MOTION: Commissioner Nault moved approval of PZ88-12, seconded by Commissioner Brown VOTE: Motion passed unanimously c. Resolution PZ88-14: Conditional Use Permit for Oil & Gas Extraction - Portion Sec. 2 - Far North Oil & Gas - White This item postponed to the next meeting. 5. APPROVAL OF MINUTES of August 24, 1988 The minutes were approved as submitted 6. OLD BUSINESS None 7. NEW BUSINESS a. Preliminary Plat PZ88-10: Mommsen's S/D (?} The Borough has recommended the name of Mommsen's S/D #2, 1988 Addition. The staff comments reflect this. MOTION: Commissioner Bryson moved for approval of PZ88-10 per staff comments, seconded by Commissioner Nault VOTE: Motion passed unanimously b. Preliminary Plat PZ88-11: Linwood S/D #2 This plat clears up an "illegal subdivision". Two lots had been subdivided by deed which left old lot lines and setbacks. Commissioner Nault noted that it appeared that buildings would still be over lot lines. Commissioner Bryson stated that we have the authority to require buildings shown on plats and this would protect the City from violating it's own ordinances. MOTION: Commissioner Bryson moved for approval of PZ88-11 per staff comments, seconded by Commissioner Nault VOTE: Motion passed unanimously c. Preliminary Plat PZ88-13: Angler's Acres S/D #1 This is an old plat, originated in 1977 which has never been filed. The Borough has apparently found some old plats and is taking action on them. KENAI PLANNING & ZONING COMMISSION September 14, 1988 Page 9 °) MOTION: Commissioner Bryson moved for approval of PZ88-13, seconded by Commissioner Nault VOTE: Motion passed unanimously 8. PLANNING None 9. REPORTS a. City Council Councilman Measles not in attendance b. Borouah Plannin Commissioner Bryson discussed the drilling operations in a residential area near Clam Gulch which have been an issue for some weeks. Among the options was to invoke the obnoxious use ordinance, require conformance with conditions, invoke the same ordinance and declare that there is nothing acceptable that they could propose that would circumvent the impact, and to find that the ordinance itself is unconstitutional. The legal staff is very ~ nervous about defending the ordinance. c. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. Council Agenda b. Borough Agenda 12. COMMISSION COMMENTS & QUESTIONS The Commission asked for two persons to fill the empty seats. 13. ADJOURNMENT There being no further business, the meeting was adjourned at 8:50 P.M. Janet A. Loper Planning Specialist PLANNING & ZONING COMMISSION DATE~/' fly ~9~~' i n ~~ ~ Id1 i' , ~"1 _ /~ Ij ~~ ,f Roll ! ~ ~~~ ~'v ~ Call ,. CHAIRMAN Hal Smalle ' - Dave Brown r Phil Br son ~ ~ ~ Gloria Church Pat Nault ~ ~) `( Margaret 0`Reil y TO DO LIST: NOTES: