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HomeMy WebLinkAbout1988-09-28 P&Z Minutes-, y J KENAI PLANNING & ZONING COMMISSION / September 28, 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 PZ88-14: Conditional Use Permit for Oil & Gas `~ Drilling - N. Ames Rd. - James H. White b. Resolution PZ88-15: Variance for Construction Within Utility Easement - Lot 2, Gusty S/D - Thomas H. Wagoner 5. APPROVAL OF MINUTES of September 14, 1988 6. OLD BUSINESS 7. NEW BUSINESS a. Request for Development Within Townsite Historic District (TSH) - Bed & Breakfast - Tom & Kathy Tomrdle b. Request for Development Within Townsite Historic District (TSH) - Renovation of Historic Building for Commercial Use - James. A. Arness b. Request for Release of Lands: Lots 6 & 7, Section 15 - Miller c. Request for Release of Lands: Lot 14, Section 1 - Baily 8. PLANNING 9. REPORTS a. City Council b. Borough Planning c. City Administration j 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS a. Council Agenda b. Borough Agenda 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT COMMISSIONERS: The Bed and Breakfast material is too heavy to mail. It will be available at the meeting or call for pickup. Considering the heavy agenda, the work session for the Comprehensive Plan has been postponed to the next meeting, October 12, 1988 at 6:00 P.M. ``~ KENAI PLANNING & ZONING COMMISSION September 28, 1988 - 7:00 P.M. Kenai City Hall Hal Smalley, Chairman 1. ROLL CALL Present: Smalley, Brown, Bryson, Nault, Roberts Absent: O'Reilly excused) 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ88-14: Conditional Use Permit for Oil & Gas Drilling - N. Ames Rd. - James H. White Chairman Smalley asked Mr. White to come forward for introduction. Commissioner Bryson wished to correct the title to extraction as the well is developed. The resolution reads correctly. Mr. White asked if there were any questions. Planning Specialist Loper indicated that this was an existing well that had been operated by Unocal, the wells being capped. Mr. White needs to have the permit issued to his company. Commissioner Brown asked if this was the same type of permit as issued to others, answer yes. In the last two years we have issued two permits to Unocal for new well heads on existing wells. Chairman Smalley: I used to live across from your well. Is the flaring still going on, answer yes, from time to time. Chairman Smalley stated that while at his old residence on North Ames, some of the residents stopped him and asked him how much longer the flaring would have to go on, Chairman Smalley gave them Mr. White's phone number. I know during the summer it was ongoing, seven days a week sometimes and in the evening. We had conversations about it and we talked about it and you were very cooperative, I appreciate it. Mr. White: From time to time we do flare the well, we're not producing into a pipeline so we do this to make sure the well is clear. Commissioner Brown: Is that your plan, to put it into a KENAI PLANNING & ZONING COMMISSION September 28, 1988 Page 2 `) pipeline? Answer yes. Commissioner Nault: Was there gas produced before from this well? Chairman Smalley: Yes. It was a working well, Unocal capped it and Far North Oil & Gas either leased or bought it. Mr. White: It is a lease. Howard Hackney, Building Inspector: Are you going to be putting up any buildings on the site? Mr. White: We may hook this well to a pipeline, there will be other work that we will have to do and at that time, we may add construction and will come for any permits, but what we've done so far and in the near future don't warrant buildings. Chairman Smalley returned the item to the Commission. For the record: Chairman Smalley, "I need to identify that on this particular sight, again I'm not too sure of the legalities between Mr. White's company and Unocal. I currently hold a lease agreement with Unocal on that property description as a mineral rights holder and I'm currently receiving dividends from Unocal. They're not great and quite a few people in the City, I mean I can go to pizza probably once a year, but, I will still vote on this issue because I don't believe that's a conflict of interest. I have in the past and it's never been mentioned. Councilwoman Monfor also. Mr. White: Union has your property under lease, I don't have your lease, just some surrounding acreage. I can make you a better deal. MOTION: Commissioner Bryson moved approval of PZ88-14, for oil and gas extraction, seconded by Commissioner Brown. VOTE: Chairman Smalley: I noticed it is identified under item 15 that a chain fence will surround the site, is that when and if you put up buildings. Answer no, that is just in the future. There is quite a bit of vandalism there. Motion passed unanimously by roll call vote. Planning Specialist Loper: The petitioner for the next item is not here, I would request we take item 7-a next as the petitioners are present. The Commission agreed. 7. NEW BUSINESS a. Request for Development Within Townsite Historic District (TSH) - Bed & Breakfast - Tom & Kathy Tomrdle Planning Specialist Loper: The portion of the code pertaining to this item are before you. As the development is not anticipated to exceed $10,000 and the zone is a mix of both residential and commercial, no special permits are necessary. KENAI PLANNING & ZONING COMMISSION September 28, 1988 Page 3 Chairman Smalley: Would more than 300 of your home be used for your business? Tom Tomrdle: Probably not this year. We would like to get this going and see how it works. Chairman Smalley: The reason I ask is that the code does not address bed and breakfasts or RV parks and we are looking at developing ordinances. What we have is a home occupation which limits to 30% of the floor area and it's my understanding that you probably want to use more than 30%. Planning Specialist Loper: In this case it wouldn't hold though, because the TSH zone is both residential and commercial. A commercial venture would not be out of place in that zone. Commissioner Brown: So in this case it wouldn't be a home occupation but strictly a business. Chairman Smalley: I would hesitate to call it a bed and breakfast because that would cause some confusion in the very near future. Planning Specialist Loper: By going through a formal review of this body, it protects the integrity of the TSH zone for historic value. It meets the criteria for the funding agencies for historic grants, both federal and state. Chairman Smalley: I'm sure most of the Commissioners are aware of the home. I remember what it used to look like and it's come a long way. MOTION: Commissioner Bryson moved to state that the proposed activity is compatible with the intent of the TSH zone, seconded by Commissioner Nault. Commissioner Nault: Are you going to occupy the house while you develop the business or are you going to turn the house over to someone to run it. Kathy Tomrdle: Probably it would be me and at times my son as Tom and the other children are gone during the summers. After that we may make other arrangements. Chairman Smalley: Would it be necessary for them to come back to this body if it were to change and they moved out of the home. Answer no. Should they decide to expand onto the adjoining two lots they will come back for a second review, but it is tied to the building permit. VOTE: Motion passed unanimously by roll call vote 4. PUBLIC HEARINGS b. Resolution PZ88-15: Variance for Construction Within Utility Easement - Lot 2, Gusty S/D - Thomas H. Wagoner ~ Mr Wagoner joined the meeting, this item moves to it's original place on the agenda. KENAI PLANNING & ZONING COMMISSION September 28, 1988 Page 4 Planning Specialist Loper: The building presently lies within the platted right-of-way, Cohoe Avenue. According to the engineer, a water line runs under a corner of the building. Mr. Wagoner proposes to expand his building which will continue the back portion of the building in the right-of-way. At some point the City would like to move that water line closer to where Cohoe Avenue really lies. Commissioner Brown: How much of that water line runs under the building. Tom Wagoner: The back of the building sits over the utility line by 4' at the furthest point, then it goes at an angle back towards the Tesoro station and gets narrower as far as encroachment. The only reason I'm asking for a variance because I want to maintain that line on the building. I could off set it easily 3'. Because it's right in the downtown area I hate to start breaking up the lines of the building and make it look like a bunch of additions. I want the building to look nice. The other reason is that my business has grown so much I plan to use the warehouse that Muffler King is in right now and they're a good renter and they don't want to move so I'm going to build a warehouse. Chairman Smalley: There are no other utility lines under the building? Tom Wagoner: I don't think so. We may find a lot of things once we start digging. Chairman Smalley: If the water line breaks, the City is not liable when repairing? Tom Wagoner: No. It is my responsibility. Commissioner Bryson: Some time ago there was a somewhat similar situation where Ed Lowry requested to build adjacent to an easement. Tom Wagoner: I think in that situation he built his rear steps into the easement. The building wasn't but the rear steps were. Commissioner Bryson: I would suspect that the same type of liability statement could be attached. Mr. Wagoner agreed. Chairman Smalley: When we deal with this we need to ensure that it meets the criteria as set forth in the code and they appear to be there. MOTION: Commissioner Bryson: Finding that all the conditions specific to a variance are found to exist I would move for approval of PZ88-15, seconded by Commissioner Nault. VOTE: Motion passed by unanimous roll call vote. 5. APPROVAL OF MINUTES of September 14, 1988 Chairman Smalley: In looking through the minutes I did not find the comments from Commissioner Brown on two uses on the same KENAI PLANNING & ZONING COMMISSION September 28, 1988 Page 5 ~ conditional use. We tried to clarify the point. Commissioner Nault: It was the statement that the two uses weren't permitted but I don't think the clarification is in there. Chairman Smalley: We looked for it and could not find it in the code. Planning Specialist Loper: Where would you like it inserted? Commissioner Brown: Under Comments and Questions. MOTION: Commissioner Nault moved for approval of the corrected minutes, seconded by Commissioner Bryson VOTE: Motion passes with unanimous consent. 6. OLD BUSINESS None 7. NEW BUSINESS b. Request for Development Within Townsite Historic District (TSH) - Renovation of Historic Building for Commercial Use - James. A. Arness Planning Specialist Loper: This is the same circumstance as for the previous request. It requires a building permit, however is not over $10,000. This is a renovation of an existing building within the Petersen compound. Chairman Smalley: It sounds like he's maintaining the integrity of the zone and the building. MOTION: Commissioner Bryson moved to find that the request for Mr. Arness' activity is compatible with the intent of the TSH zone, seconded by Commissioner Brown. VOTE: Motion passed unanimously by roll call vote c. Request for Release of Lands: Lots 6 & 7, Section 15 - Miller Chairman Smalley called attention to the letters enclosed from the Parks and Recreation Commission and Kim Howard, Administrative Assistant. Chairman Smalley: Last night I was on the river and with the high tides right now, there was a great deal of water on lot 7 which you could see from Cunningham. Commissioner Roberts: The memo says "made available for sale ~ again", has this been brought before the Commissioner before. Chairman Smalley: Yes, however we took no action, we sent it on to the Parks and Recreation Commission for comments. KENAI PLANNING & ZONING COMMISSION September 28, 1988 Page 6 Planning Specialist Loper: The Land Use Plan calls for that land to be for conservation and public use. Commissioner Brown: The Land Use Plan, does it seem that there was a lot of property they didn't know what to do with so they called it public use, is that about it. Commissioner Nault: What is on the adjoining lands besides the ranch. Answer just the river and wetlands. Chairman Smalley: From about Cunningham Park to the fish Wier it is one of the most heavily fished spots in the river. The ranch belongs to the Martins. Basically it's a land locked parcel. There is no access except by river. Commissioner Nault: It's all swamp to get to it isn't it? Answer yes. Commissioner Roberts: There is an area of lot 6 that is high is it not. The Commission agreed. MOTION: Commissioner Brown moved that Planning and Zoning Commission recommends to the City Council that the subject lands are determined not required for public use and should be made available for sale, seconded by Commissioner Roberts. Commissioner Bryson: I'm not that familiar with how well this is formulated but I felt at the time the City proposed the Corps permits in the industrial portion of the river that the intent was that the focus of the development would be in the lower portion of the river rather than allow any commercial development in the upper portion or above the mouth. Commissioner Brown: Would this be for commercial development or residential development. Commissioner Bryson: It's not stated at this time, I would only surmise that they are proposing commercial. Commissioner Brown: So whoever bought this property would have to rezone it to develop it commercially. Answer yes. Commissioner Bryson: I personally feel the highest and best use for this parcel is to leave it in public control, and leaving that portion of the river undeveloped. Commissioner Brown: I'm not arguing for or against development, I'm saying I think by looking at this Land Use Plan there is more than enough public lands that they have under their control and putting conservation land under private control, I don't see a problem with it as long as Planning and Zoning has control of the zoning and if that conservation zone remains with the property then before they can development they have to come back to the Commission. Planning Specialist Loper: To further clarify this, since it lays in wetlands it would take a Corps permit for any development. KENAI PLANNING & ZONING COMMISSION September 28, 1988 Page 7 Commissioner Bryson: What it creates essentially is an inholding in that wetlands area which I think from a planning perspective is not a good situation. Chairman Smalley: I talked with Dale Sandahl and Dick Hultberg on these two issues and the concern that Dale mentioned was again, what Commissioner Bryson mentioned and I also believe the City has an obligation to keep hold of the property it has on the river for public use. Commissioner Brown: Are there any comments from the Parks and Recreation Director as far as it being highly used by the City? Answer no. However it is inaccessibly except by the river and under those circumstance the City could not maintain it. What we would have to do is float a barge down the river with lawnmowers. VOTE: Commissioner Roberts: I have a problem with the fact that the ordinance states here that if it's not required for a public purpose then it should be made available to the public for sale. I don't foresee any public necessity for this land. As far as getting to the land, I would think it would be the landowners responsibility. Chairman Smalley: That road that comes down beside the Beaver Loop Mortuary goes right behind the land on follows a section line and that has been shut down. Commissioner Roberts: He just might have a ferry that he wants to put out there and I don't think that is our problem., we shouldn't deal with that. Planning Specialist Loper: Our concern here tonight is only if you want to release the land. As far as control is concerned, we have control over the zoning, the Corps would have control as far as development since it is within wetlands, it probably falls under the Kenai River Management Plan so they would be involved. Since there are several reviewing agencies I don't think you would need to consider development aspects at this time. Administrative Assistant Howard: George Miller may not necessarily be the owner of the land. You are declaring it available or not available and not required for public use. It will go out to public bid and it may not go to George Miller. Commissioner Nault: Are the lands surrounding it in public or private hands and second does the Comprehensive Plan address that portion along the river. Planning Specialists Loper: I don't remember any portion of the Plan that addresses the river property specifically except for bluff setbacks. Chairman Smalley: There is Borough, City, and private ownership adjacent. Chairman Smalley - no Commissioner Bryson - no Commissioner Brown - yes Commissioner Nault - no Commissioner Roberts - yes KENAI PLANNING & ZONING COMMISSION September 28, 1988 Page 8 ~ MOTION: Commissioner Nault moved that the Planning Commission recommends to City Council to retain the land for future use per the recommendation of the Parks and Recreation Commission, seconded by Commissioner Bryson VOTE: Commissioner Bryson - yes Commissioner Nault - yes Commissioner Roberts - no Chairman Smalley - yes Commissioner Brown - no d. Request for Release of Lands: Lot 14, Section 1 - Baily Chairman Smalley: This property is almost behind South Ames Road across from one of the bed and breakfast requests that we have. Commission recessed to view the map. Chairman Smalley: The concerns that the Parks and Recreation Commission had about this parcel is that it remains undisturbed. I think any kind of development in there would cause a disturbance. Commissioner Brown: I don't see where they say they are going to be developing it. Chairman Smalley: I can't gee anyone. buying a parcel that size and not doing anything with it. Commissioner Brown: I again think that the City should be promoting the idea of getting some of it's property out into private hands to where it doesn't become a custodian to the majority of lands in this area. I have always been a believer that private property owners have more concern for property than a government entity. If it's a good habitat for birds and it's the wishes of the Commission at a later date to continue to leave it as a conservation, so be it. I think the City should be releasing these lands for public sale. MOTION: Commissioner Brown moved to recommend to the City Council that these lands are not required for public purpose and should be made available for sale, seconded by Commissioner Roberts VOTE: Commissioner Nault - no Commissioner Roberts - yes Chairman Smalley - no Commissioner Brown - yes Commissioner Bryson - no KENAI PLANNING & ZONING COMMISSION September 28, 1988 Page 9 MOTION: Commissioner Nault moved that we recommend to City Council that these subject lands be retained as recommended by the Parks and Recreation Commission, seconded by Commissioner Bryson VOTE: Commissioner Bryson: Aside from the habitat argument I feel that retaining this parcel in public hands is the best use. Chairman Smalley: I think it's too bad that the persons were not here to explain what they intended. Commissioner Roberts: I think it definitely would have been to their advantage to have been here tonight. Chairman Smalley: When someone petitions something like this are they encouraged to be here when it's coming up? Administrative Assistant Howard: I've kept them up to date on what has been going on. Planning Specialist Loper: As far as I know there is nothing in the code that says we even have to say who it is that is petitioning for lands. Taking you back~to when Jeff Labahn was Land Manager I think he made that statement. It is really the only way you are to make recommendation, based on the merits of the property only. Commissioner Roberts - no Chairman Smalley - yes Commissioner Brown - no Commissioner Bryson - yes Commissioner Nault - yes 8. PLANNING Chairman Smalley: There is a large amount of material on bed and breakfasts. These are two things not addressed in our code. A list of items for work sessions: RV ordinance - Mayor Williams Bed and breakfasts Comprehensive Plan update Home Occupations Day Cares Sylvia Spearow of the Kenai Peninsula Borough Planning Department will be making a presentation to us October 12th on the Coastal Zone Management manual. She will be explaining it and answering questions. The document is very thick so it will be available for review prior to that meeting. 9. REPORTS a. City Council None - Councilman Measles attending another meeting ~ b. Borough Plannina Commissioner Bryson reported that the only item for Kenai was a KENAI PLANNING & ZONING COMMISSION September 28, 1988 Page 10 } plat that we reviewed at our last meeting. The rest of the time was taken up with forestry lands. c. City Administration No report 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. Council Agenda b. Borough Agenda No comments 12. COMMISSION COMMENTS & QUESTIONS Chairman Smalley: I take this time to welcome our newest member, Dan Roberts. Mayor Williams indicated in his letter that he is working on another appointee. 13. ADJOURNMENT ~ There being no further business, the meeting was adjourned at 8:43 P.M. Janet A. Loper Planning Secularist Roll Call PLANNING & ZONING COMMISSION DATE: I ~ ~ .._._ ~~ ,i i ~~~' ////// CHAIRMAN Hal Smalle -~/ Q Dave Brown ~ ~' /~ f \J /~ Phil Br son Pat Nault ~~~ ~ ~' Margaret O'Reil y Dan Roberts ~ ~ 3 ~ 3 ~ TO DO LIST: D10TES