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HomeMy WebLinkAbout1988-10-12 P&Z Minutes•~, KENAI PLANNING & ZONING COMMISSION October 12, 1988 - 7:00 P.M. Kenai City Hall Hal Smalley, Chairman AGENDA 6:00 P.M. WORK SESSION AGENDA: Bed & Breakfast Home Occupations Guide Services Comprehensive Plan 7:00 P.M. REGULAR MEETING AGENDA i 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. Sylvia Spearow, Borough Planner: Coastal Zone Management Plan 4. PUBLIC HEARINGS 5. APPROVAL OF MINUTES of September 28, 1988 6. OLD BUSINESS 7. NEW BUSINESS a. Tidelands Lease Application: Portion of Kristine S/D - Royal Pacific Fisheries, Inc. b. Tidelands Lease Application: Portion of Kristine S/D - Larry Powers 8. PLANNING 4 ~ `` KENAI PLANNING & ZONING COMMISSION October 12, 1988 Page 2 ~~ 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. Detachment Report* 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT * Available at the meeting KENAI PLANNING & ZONING COMMISSION, REGULAR MEETING, MINUTES OCTOBER 12, 1988 - 7:00 PM KENAI CITY HALL CHAIRMAN HAL SMALLEY PRESIDING 1. ROLL CALL Present: Hal Smalley, Roberts, Pat Absent: None 2. APPROVAL OF AGENDA Dave Brown, Phil Bryson, Dan Nault, Margaret O'Reilly MOTION: Commissioner Bryson moved, seconded by Commissioner Nault, to approve the agenda as submitted. Motion passed by unanimous consent. 3. PERSONS PRESENT SCHEDULED TO BE HEARD 3-a Sylvia Spearow, Borough Planner - Coastal Zone Management Plan Sylvia Spearow. If anyone needs copies of the Coastal Zone Management Plan, they can contact her. The Borough has a draft Coastal Zone Management Plan, they will have a hearing Oct. 24. It it not a new program, the Federal plan has been since 1972, the State since 1977. The State has special standards for all projects, State or Federal, that may affect the coastal zone. Most are already reviewed through this. After the Borough passes this, it will become part of the State law. They average 150 permits through the Borough per year at this time. We do not have standards for Borough review, so it is on a case-by-case basis. The Borough has no authority, the State does not have to follow their recommendations. The draft was done in 1979, it called for zoning in the entire borough. That did not pass. They have just started this now. The boundary is 1000 ft. elevation, the City of Kenai is in the coastal zone. The policy is, issues and objectives are enforceable. The different categories of policy are: Coastal development Floating facilities Commercial fishing Dredging and filling Geophysical hazards (floods, etc.) Recreation and public access Energy and industrial standards Fish and seafood processing KENAI PLANNING & ZONING COMMISSION OCTOBER 12, 1988 PAGE 2 Mariculture (mussels, etc.) Timber (similar to State) Mining & Minerals Habitat policies Archeological & historical Implementation would be carried out by State and Federal agencies. The Borough would be one of the commenters. There is provision for areas of special mention, a total of 12 areas. Kenai River is one. The public hearing is Oct. 24, there will be public comment till Oct. 30. There will be Borough Assembly hearings after that with re-writes. Commissioner Brown. Does the Borough have final approval? S. Spearow. The Planning Commission will have a hearing, the Assembly will have final approval. Then the State and Federal agencies will approve. Commissioner Nault. Is there any teeth in the policies? S. Spearow. Yes, it is the law, the State can enforce it. Commissioner Brown. Will this supercede the State plan? S. Spearow. It will add to the State plan. The State standards will still be back-up. Commissioner Roberts. Where will the hearings be? Answer - The Borough building. Commissioner Brown. In new development, the developer would be responsible for both State and Borough plan? S. Spearow. The Borough either repeats or replaces the State plan. All you would have to follow is in this book. Chairman Smalley. There is no additional fee? Answer - no. Commissioner Brown. What if there is expansion of the facilities out north? S. Spearow. Anything that requires a permit now will require a permit. Chairman Smalley. The commercial fishermen that are set netters with permanent anchors - will they need a permit? S. Spearow. If they do now. Chairman Smalley. A portion of their anchors are way off shore. S. Spearow. I have never reviewed one. There is no policy on this. 5. APPROVAL OF MINUTES, SEPT. 28, 1988 MOTION: KENAI PLANNING & ZONING COMMISSION OCTOBER 12, 1988 PAGE 3 ~ Commissioner Nault moved, seconded by Commissioner O'Reilly, to approve the minutes as submitted. Motion passed by unanimous consent. 6. OLD BUSINESS None 7. NEW BUSINESS 7a Tidelands Lease Application: Portion of Kristine S/D - Royal Pacific Fisheries, Inc. Admin. Asst. Howard. This is the formal lease application. P&Z looked at it in Aug. There will be full public hearings at Harbor Commission, Council and P&Z. Both areas are being surveyed. She is asking if the contemplated use is falling within the stated use. Joe Dragseth. Mr. Dragseth is ill, he will be at the Council meeting (10-19-88). MOTION: ! Commissioner Bryson moved, seconded by Commissioner Nault, that the proposed use is in conformance with industrial and river-related use. MOTION, Amendment: Commissioner Bryson moved, with consent of second, to amend the word "industrial" to "zoning." VOTE, Motion as Amended: Motion passed unanimously by roll call vote. 7b Tidelands Lease Application: Portion of Kristine S/D - Larry Powers Chairman Smalley. Does the City take care of the suggested length of the lease? Answer - yes. Commissioner Bryson. Is this proposed for launching of small recreation boats? Larry Powers. It is for small boats but now necessarily for the public. It could take a load off the City during peak times. MOTION: ~ Commissioner O'Reilly moved, seconded by Commissioner Brown, to approve the tidelands lease application as it is in compliance with the zoning ordinance. KENAI PLANNING & ZONING COMMISSION OCTOBER 12, 1988 PAGE 4 Commissioner Bryson. (to L. Powers) Do you have the adjacent up-land property under contract? Answer - yes. Commissioner Bryson. As we have done with previous applications for tidelands, it would be appropriate that the area applied for conform to adjacent property whether it is limited to water, or whatever. Joe Dragseth. If he has floating dock facility directly upstream from us, his anchor will have to be directly underneath ours. How will he do that? Mr. Powers. It is 150 ft. from the dock out, there will be an anchor at each end. There will not be a need for anchors where Dragseth has theirs. Mr. Dragseth. Is it far enough out so it won't run into ours? Mr. Powers. Yes, the Corps of Engineers determined if it was too close to existing structures. We measured from the floater. Chairman Smalley. The Harbor Comm. will review this. Mr. Powers. .The Dragseth dock will be 30 ft. to 40 ft. further out than mine. Commissioner Bryson. Is the land end of the launch ramp at the end of the subdivision? How far is the average high tide in relation to this drawing? Mr. Powers. A normal high tide (17 ft.) is 25 ft. from the cut-bank. A 22 ft. tide comes to the cut-bank. Commissioner Brown. What did he propose to be used for anchoring floating docks? Mr. Powers. The 3 floating piers between Dragseth and Dragnet. They are anchored to screw anchors. One cement way will be on the down-stream edge of the pier closest to Dragseth. It will be used to haul fishermen in and out of the water. Commissioner Bryson. Would it be more appropriate to be used for launching boats rather than replacing the facility? This will end up in contract for lease if approved by Council. But the use is stated in the development plan. Motion passed by unanimous consent. 8. PLANNING Chairman Smalley reported they had a work session regarding Bed & Breakfasts. There is a need in the future to meet with the Rec Comm. regarding an R/V ordinance. Commissioner Nault. What Bed & Breakfast was discussed? Chairman Smalley. The one on Anglers Dr. The City has directed them to come into compliance. If the Code does not address this, they cannot have it. They are coming to P&Z Oct. 26. Also, a guiding service. KENAI PLANNING & ZONING COMMISSION OCTOBER 12, 1988 PAGE 5 Commissioner Brown requested that a letter be sent to all Bed & Breakfast businesses that there will be a work session. Commission agreed to the request. Chairman Smalley. The Mayor has requested an ordinance be prepared on Bed & Breakfasts. Right now they have to be in conformance with Home Occupations. Till we get something on the books, we will have to deal with them on a case-by-case basis. Commissioner Bryson. We could start with the Soldotna ordinance and ask for input regarding that. The Soldotna ordinance is more restrictive, but it is good place to start. Chairman Smalley asked that the Soldotna ordinance be sent to existing businesses that have been identified in the City. The Commission agreed to hold a work session on Dec. 14 with the Rec. Commission regarding an R/V ordinance. The Commission further agreed to hold a work session on Nov. 3 regarding Bed & Breakfasts. 9. REPORTS 9a City Council Chairman Smalley. What was the decision of the Council on the Foster Bros. R/V park? Clerk Ruotsala replied, it was denied. Commissioner Roberts. It was not in the paper. Commissioner Bryson. It came to Council as if P&Z had denied the use. Commissioner Nault. P&Z denied modification. Chairman Smalley requested copies of the decision be sent to P&Z. Commissioner Bryson. All he wanted in the motion was a public hearing. He thought it was inefficient. Commissioner Nault. The denial was till it was brought back as a conditional use permit, not a modification. Commissioner Bryson. It was presented to Council as if P&Z denied modification. Chairman Smalley. P&Z was not speaking in opposition to an R/V park, but to the modification. They felt a public hearing was necessary for modification. 9b Borough Planning Commissioner Bryson. There was Seward. The major request was similar to Kenai, Soldotna and 9c City Administration None a meeting Oct. 10 in for zoning powers Homer. It was approved. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD f- t KENAI PLANNING & ZONING COMMISSION OCTOBER 12, 1988 PAGE 6 None 11. INFORMATION ITEMS lla Council Agenda Approved as submitted. 11b Borough Agenda None 11c Detachment Report Chairman Smalley requested copies of the Detachment Report be submitted to the Commission. 12. COMMISSION COMMENTS & QUESTIONS a. Chairman Smalley. The Mayor will probably make recommendations for membership at the next Council meeting. Vice Chairperson Nault will take over the Commission Chair when Chairman Smalley leaves. Chairman Smalley. He has enjoyed working with P&Z. He has been here since 1982. He recommended new members have a good knowledge of the Kenai Municipal Code and the Comprehensive Plan. b. Commissioner O'Reilly. Is there any way Commission members can get training? Clerk Ruotsala. There is a video available and the Kenai Peninsula College has a course every year. 13. ADJOURNMENT Meeting adjourned at 8:10 PM. p Janet Ruotsala City Clerk