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HomeMy WebLinkAbout1988-10-26 P&Z Minutes„. `~, ~ KENAI PLANNING & ZONING COMMISSION October 26, 1988 - 7:00 P.M. City Hall Council Chambers Vice Chair Pat Nault, Presiding AGENDA 6:00 P.M. WORK SESSION - RV Parks and Bed & Breakfast Please call Janet if you cannot attend 1. ROLL CALL a. Swear in New Members b. Election of Chair (See Memo Following) 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD ~ 4. PUBLIC HEARINGS a. Resolution PZ88-16: Conditional Use Permit for Extraction of Natural Resourse - Tract A-2A, Hollier S/D - Ed & Joanna Hollier b. Resolution PZ88-17: Conditional Use Permit - Lots 4 & 5, Angler's Acres - Beaver Creek Lodge - Cowan & Manwaring c. Resolution PZ88-9: Conditional Use Permit for Bed & Breakfast and Guide Service - Lot 1, Caro S/D - Smith (Extension of Public Hearing) 5. APPROVAL OF MINUTES of October 12, 1988 (not available at packet time) 6. OLD BUSINESS 7. NEW BUSINESS a. Lease Application: Fisheries, Inc. b. Development in TSH Original Townsite c. Repeal Plat PZ88-1 1, East Addition, Lot 1, Kenai Spit S/D - Inlet Zone: Portion BLM 12, Kenai - RV Park - Jim Bookey 3: Block A, Lot 6, Block Kenai Original Townsite ,, w KENAI PLANNING & ZONING COMMISSION October 26, 1988 Page 2 8. PLANNING a. Recommendations to Council 9. REPORTS a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS a. City Council b. Borough Planning c. APA News 12. COMMISSION COMMENTS & QUESTIONS i 13. ADJOURNMENT 1 KENAI PLANNING & ZONING COMMISSION October 26, 1988 - 7:00 P.M. City Hall Council Chambers Chairperson Pat Nault, Presiding 6:00 P.M. WORK SESSION - RV Parks and Bed & Breakfast 1. ROLL CALL a. Swear in New Members Margaret O'Reilly, Duane Bannock, Carl Glick, and Dan Roberts were sworn in. b. Election of Chair MOTION: Commissioner Bryson nominates Pat Nault, seconded by Commissioner Glick VOTE: Motion passed unanimously MOTION: Commissioner Bryson nominates Margaret O'Reilly for Vice Chair, seconded by Commissioner Brown VOTE: Motion passed unanimously 2. APPROVAL OF AGENDA Chairperson Nault asked to add Item 7-d The agenda was approved with the addition. 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ88-16: Conditional Use Permit for Extraction of Natural Resource - Tract A-2A, Hollier S/D - Ed ~ Joanna Hollier MOTION: Commissioner Bryson moved approval of PZ88-16, seconded by ~ Commissioner O'Reilly. Planning Specialist Loper explained that this is an existing KENAI PLANNING & ZONING COMMISSION October 26, 1988 Page 2 ~ extraction site, that some years ago the property had been subdivided in order to sell portions, however, the property was repossessed. The new owner did not obtain a permit prior to repossession. Gary Hollier, representative of Ed and Joanna Hollier presented maps and photographs to the Commission. Commissioner Bryson asked if any gravel had been sold from this site in the last five years, answer from Mr. Hollier, very small amounts sporadically. The city purchased 250 yards about two years ago, at the time they didn't know they were on the wrong lot. We have no contracts lined up. Commissioner Bryson asked if there were any buildings on the property, answer no. Commissioner Bryson: The study itself is very general and the permit is asking specific questions. I don't know in all cases that you intend that the application ... Gary Hollier: Did you get the same one I have? Commissioner Bryson: Do you have an estimate of the amount of material you wish to extract? Gary Hollier: (a large part of the answer is inaudible) ... about 618,000 yards. Commissioner Bryson: You indicated that your proposed term of use was indefinite. With an activity like this with a limited resource ... Gary Hollier: I was under the impression it was good for 99 years. We can't tell you we're going to use it tomorrow and be done with it. We have 54 acres there so to me that would be indefinite. We might never use that up. The acreage came from their original homestead. Commissioner Bryson: Does the family own all the adjacent property? Gary Hollier: One side is Chester Cone, the east is Beaver Loop Partnership, the west is city and to the north is either city or a native group. Commissioner Bryson: Item 21 asks for description of future land use after extraction. You are proposing that it go into a residential configuration? Answer yes. Councilman Smalley: You might note on the mineral analysis is that there is a great deal of sand and the City is in need of sand. Gary Hollier: The City has made use of that sand from time to time. Commissioner Bryson: I personally would like the application itself to specify that the ultimate use is a conforming use. That is the residential lots. Commissioner Bannock: If I understand this, the operation you want to continue here is exactly the same as has been going on for quite some time, but what this application for is because of a transfer of ownership with nothing new? Answer yes. KENAI PLANNING & ZONING COMMISSION October 26, 1988 Page 3 Commissioner O'Reilly: If we approve the motion are we approving this with conditions? And if so what are the conditions. Planning Specialist Loper: Conform to the residential development, item 21 per Commissioner Bryson. (several inaudible comments were made) The Commission ascertained that Mr. Hollier had an original application which was much more complete and also depicted a different legal description. The tracts which should be listed are: Tract A-lA and Tract B. Commissioner Bryson asked that the permit come back at the next meeting with the corrected legal description. Commissioner Brown: If we're approving five acres for 50 acres if it's been operated as a gravel pit for all this time, when it comes back, I'm speaking for myself, I would approve it whether it was five acres or 50 so why do we need to delay the applicant. We could amend the application now and he can leave his application with the city rather than delaying it. Commissioner O'Reilly: I would have no problem with that. The Commission further discussed the public hearing issue. Councilman Smalley: It doesn't sound like he would even need to come back. It's just a matter of getting the paperwork straightened out. Planning Specialist Loper: The adjacent property owners affected are only three people and one is sitting in the audience, one is the city, leaving only one other. There were no comments received prior to the meeting. Commissioner Bannock agreed. We can get the corrected paperwork and approve it next meeting. MOTION: Commissioner Bryson moved to postpone to the next regular scheduled meeting, seconded by Commissioner Bannock VOTE: Motion passed unanimously b. Resolution PZ88-17: Conditional Use Permit - Lots 4 & 5, Angler's Acres - Beaver Creek Lodge - Cowan & Manwaring Mr. Ed Garnett is representative for the applicants. Commissioners Roberts asked if there were any close neighbors who might be upset by the activity. Answer no. The neighbors to the north engage in similar activities, to the north also. There is swamp to the west with no houses at all. Commissioner Roberts asked if there would be off road parking. Answer, there is more than sufficient parking off road. The people who come there do not come by automobile, they fly in and are met and transported to the triplex. It is not a rooming house and I might point out that the triplex houses three apartments rather than rooms. Mr. Garnett: It is aesthetically pleasing, more specifically to the area. The house which is on an adjacent lot is also aesthetically pleasing and is used only by owners and friends. KENAI PLANNING & ZONING COMMISSION October 26, 1988 Page 4 Commissioner Roberts: It says in your letter that no food is served. Answer, correct. The only food on the premises is prepared by the people renting the apartments. They can buy and prepare their own food if they want to, its up to them. The house is a three bedroom house. Commissioner O'Reilly: On the application you have "n/a" under parking, what is that. Answer, there is no traffic flow as far as the property is concerned. There is a driveway into the buildings but they can't go any where else. The only traffic is the owners going to and from the airport. Commissioner Bannock: Is the circle the business itself. Answer, yes. There are actually two lots with a two bedroom house on the north lot and the triplex on the south lot. Chairman Nault: Can you speak to the guiding activities. Answer, they are conducting a guiding activity out of the area in the sense that they are making arrangements for their friends and guests to go fishing. That's not only for Kenai but for Homer, Anchor Point, and across the inlet or any place else they want to go. They also make arrangements for sight seeing trips both by car and airplane. Chairman Nault: Yes, but is there some one on the premises that also actually does the guiding. Answer no. The guide comes from his own place upriver, comes to the dock on this property to pick up clients. Chairman Nault: So the guiding is separate from these premises, they have some kind of pick. up arrangement with guides. Mr. Garnett: Not only with one guide but several. Whether they have any intentions of running a guide service in the future I don't know. Chairman Nault: What is the activity that is actually being requested as a conditional use permit, the lodge? Mr. Garnett: Yes. Operating a business which is on the order of a lodge although what they are renting are not rooms but apartments and they serve no food. Chairman Nault: And this is just a summer time operation. Answer yes. Chairman Nault: Are there owners that live on the premises year round? Answer no. There is a couple that lives there. Commissioner O'Reilly: They live in the triplex or the three bedroom house. Answer in the three bedroom house. Chairman Nault read the criteria for conditional use permits and intent for rural residential zone for the new commissioners. Mr. Garnett read from the Land Use Table on allowable uses within that zone. I don't think this violates the zone. They don't conduct an activity from the standpoint of something that is not allowed, they arrange for an activity which then takes place elsewhere. KENAI PLANNING & ZONING COMMISSION October 26, 1988 Page 5 Commissioner Bannock: Basically then people are just sleeping here. Mr Garnett: Yes, they are fishing on the river or elsewhere, or doing activities of all sorts elsewhere. This is their residence while they are here enjoying those activities. Commissioner O'Reilly: How long on the average will these people stay. Answer, any length from one day to months. That is not unusual in Kenai. I believe it's Toyon Villa that rents by the day. Commissioner Brown: Why can't you operate this as a triplex like any other triplex. Mr. Garnett: I don't think the triplex itself is the .problem. The activity being carried on that might be in violation is the arranging of guide services out of the area. Commissioner Bannock: If the triplex is allowed the only thing that falls under the bed and breakfast rules is the arrangements being made out of the building. Chairman Nault: It sounds like they might at least consider for the future. Mr. Garnett: No they're not. Chairman Nault: But you won't rule it out. Mr. Garnett: I wouldn't rule anything out, but if they do, if you make it a condition that they can't have a resident guide aboard unless they come back before the Commission that's fine. Commissioner Glick: Aren't we talking about something between now and spring to discuss the bed and breakfast and guide service issue. It's my understanding that we're going to try to come up with some kind of a plan between now and spring if I am correct. Answer yes. Commissioner Glick: Well if we're going to pass this we shouldn't ok the guide service out of it, but make sure that that part of it is not on it. Mr. Garnett: There's no intent to have a resident guide there, so if you want to make a condition to the permit that there be no resident guide that's fine. Commissioner Glick: Or if a guide keeps his boat there. Mr. Garnett: He doesn't keep his boat there. Commissioner Glick: The guide is keeping his boat there too. Mr. Garnett: That I don't have a problem with. Chairman Nault: We are going to try to define bed and breakfast. The way it is now they come before the Planning & Zoning Commission as a home occupation and that is what we've followed. It appears to be a bed and breakfast without the breakfast with tourist arrangements. Mr. Garnett: I might make an observation about the entire area out there. If you were to go take a walk down the west side of Beaver Creek from the highway, there is very little land along there that is usable and most of it is right along the creek and then it goes into the black spruce. There is nothing on the east side of the swamp accept the area that comes out at Thompson Park. There ~ should be some consideration given to consider that whole area with a little different zoning or an added zoning or an added KENAI PLANNING & ZONING COMMISSION October 26, 1988 Page 6 conditional use fo residential as set tourism because it you might consider Beaver Creek right another. r that because it lends itself not to the forth. It lends itself more in the nature of is right there were everyone wants to go. So that for the future. Most of the activity on now is a commercial nature in some form or Commissioner Brown: Recreational? Mr. Garnett: Yes. Councilman Smalley: On rental apartments on the triplex, and I know you can rent apartments by the day, they probably don't because of the cost. But if you look at rental apartments under that concept what's to stop any bed and breakfast from coming in and saying we're just apartment rentals. Mr. Garnett: Most of your bed and breakfasts are not apartments, they're rooms. These are legitimate apartments. Councilman Smalley: The building is built to code for a triplex. Mr. Garnett: Apparently, I don't know when it was built. Planning Specialist Loper: If I may suggest, the permit wouldn't be for a bed and breakfast or for a guide service, it sounds more like the permit is being requested for a booking service. The lot is being used, the triplex is being used, it is used seasonally, they have caretakers there and in a residential setting full time residents are appropriate. You would be further ahead to approve it as a booking service and then if the owners want to come back and amend it to add a guide service you have that option. Mr. Garnett: And that is not inconsistent with the area either. Planning Specialist Loper: That's true. It is zoned rural residential but the character is far from that with all the activity that is going on in the creek. Mr. Garnett: If the Commission so desires I would amend the application to include or read a booking service because the triplex will stand on its own. And if they do decide to have a guide service of their own they can come back. MOTION: Commissioner Brown moved for approval of PZ88-17 for Beaver Creek Lodge, seconded by Commissioner Roberts Commissioner Roberts: I don't believe we need to address the renting of the rooms which falls under the criteria of the zoning. MOTION AMENDMENT: Commissioner Roberts moved to amend the permit for the activities operating as a booking service at this location, seconded by Commissioner Brown Commissioner Bannock: By calling this a booking service, that is i not going to create a problem some day is it. Like booking a rock concert. Commissioner Glick: That's all right as long as they don't do that on the premises. KENAI PLANNING & ZONING COMMISSION October 26, 1988 Page 7 VOTE: Motion passed unanimously NOTE: The tapes from this point on did not record. Minutes are taken from written notes and statements from the Commissioners themselves. c. Resolution PZ88-9: Conditional Use Permit for Bed & Breakfast and Guide Service - Lot 1, Caro S/D - Smith (Extension of Public Hearing) Commission Recessed at 8:38 P.M. MOTION: Commissioner Brown moved to approve PZ88-9 as described, seconded by Commissioner Smith. Commissioner Bryson noted that when this came up last time and original with public comment and that is that there are no parameters. I am uncomfortable with approving a guide service in a residential area and I think there should be limits. Commissioner Brown: Are you concerned by the applicant's statements. Commissioner Roberts felt that as long as the activity is compatible with the neighborhood, I see no problem. On the parking, if we did have parking, then it would not be compatible ~ and would be a violation. Commissioner Bryson stated he didn't have a problem with that, would they do this in one year but five years later it may be determined to overwhelm the area. Chairman Nault called for public comments. Nick Miller, adjacent property owner. Mr. Miller stated that if you don't have conditions on the activity then any one can do anything they wish. There are no parameters for the neighbors, say they are operating four boats instead of three. You need to determine the number of rooms that are going to be used and you need strict guidelines on the guide service. You need to look at the number of people that will be housed and taken out in the boats and the traffic on the road created by all the these people. Commissioner Brown stated that he had never run a bed and breakfast and they do provide a very good service, and I would feel uncomfortable with trying to place regulations on one. Commissioner Bannock stated that we could approve this under the home occupation criteria and quoted the criteria. The other bed and breakfasts have been approved under this criteria. I would say that using 30a of the floor area would be better than trying to limit the number of people since this is a large house. Commissioner Bryson stated that the adjoining property owners have i the right to ask for limits on what is being done next door. If the use deviates then the impact has to be born by the neighbors. Commissioner Roberts stated that if you use the 30% you've limited KENAI PLANNING & ZONING COMMISSION October 26, 1988 Page 8 ~~ that people, you can limit the boats, and the parking is all on the property. What do you want to limit. Yau can use the letter submitted by the applicants for restrictions. Commissioner Bryson stated the letter mentioned six persons per boat. Chairman Nault agreed that the letter addresses the traffic, parking, the number of boats, and cars. Commissioner Bryson until we can phase this in. MOTION AMENDMENT: Commissioner Brown moved to amend the motion by adding that the permit is approved based upon the letter submitted by the applicants on 9/3/88 with off street parking only be allowed, a maximum of three boats be used and that the bed and breakfast and guide service operate under the letter submitted, seconded by Commissioner Roberts. VOTE AMENDMENT: Motion passed unanimously by roll call vote VOTE MAIN MOTION: Motion passed unanimously by roll call vote Councilman Smalley asked about the rigging for handling the boats. Planning Specialist Loper answered that there is a permit from the Corps in the file permitting that use and it doesn't really fall ~ under the Commission's jurisdiction to review. 5. APPROVAL OF MINUTES of October 12, 1988 Minutes were approved as submitted 6. OLD BUSINESS None 7. NEW BUSINESS a. Lease Application: Lot 1, Kenai Spit S/D - Inlet Fisheries, Inc. MOTION: Commissioner Bannock moved approval of the lease application on the described property, seconded by Commissioner Glick. Administrative Assistant Howard explained that this is the former Fisherman's Packing lease. Inlet Fisheries, Inc. is currently leasing Lot 2 and wish to expand on Lot 1. VOTE: Motion passed unanimously by roll call vote KENAI PLANNING & ZONING COMMISSION October 26, 1988 Page 9 ~~ b. Development in TSH Zone: Portion BLM 12, Kenai Original Townsite - RV Park - Jim Bookey Planning Specialist Loper introduced the item explaining that the proposed development is in the new zone and is on the site where the old trailers are. Mr. Bookey has planned to remove the trailers and clear the lot for his development. There is a natural screening between his property and the highway. Commissioner Bryson asked if Mr. Bookey were differentiating between RV and trailers. Answer yes. This is for RV's only. Tt runs from 5 to 8. Commissioner Bryson asked if Mr. Bookey was proposing to leave the trees, answer yes. There is a natural screening that will be left. Commissioner Bryson asked if Mr. Bookey was proposing to add trees or landscaping, answer yes. There are some areas that will need to be cleared and those areas will be replanted and landscaped. Mr. Ed Garnett asked to speak. I have an office building in the area and I have been there for several years. I would like my comments directed to the next proposed RV park as well. (Roberts) I have been trying to get this type of project going in the area for some time, the area lends itself well to it, now and in the future. There are two very good reasons for these gentlemen to gain approval; 1) there are not many people that can afford to have land that will only be used four months out of the year, it is expensive. The owner will have to put in utilities and provide toilets and possibly laundry facilities. The return is not very large, and 2) the area is perfect being so close to town. In watching the RV tourists who come to Kenai, all of them come with just the RV and walk every where. You have two people now who are doing a service. With the studies I've done, we need spaces for 30 to 50 RV's. With these two developments the total number will be about 30 and still will not be enough, but it is a start. I have often wondered why Old Town has never developed and I researched it this year and found out that most of the land is under native allotment and cannot be sold or is under restrictions. If I may say, Bookey's lot has long been an eyesore and this development will certainly be an improvement. I strongly urge you to approve both RV developments. Chairman Nault asked if the new development would be hurt by the caravans that stay at the Chamber, answer no. They like to stick together and we could not handle that many. Commissioner Brown noted that if the private sector is willing to stand the expense of an RV park it certainly is going to be better for the city. Mr. Fred Braun asked to speak to the two issues. Mr. Braun stated that he agrees with Mr. Garnett. I am over 40 and have lived in Old Town for 23 years and I welcome any new development. This summer we expanded our business and things happened. People were KENAI PLANNING & ZONING .COMMISSION October 26, 1988 Page 10 walking around Old Town and were window shopping. I had an opportunity to talk to tourists and found that they are interested in Kenai and would like to see more done to develop that section. These new RV parks will accommodate a small number but they are sorely needed. MOTION: Commissioner Brown moved for approval of the proposed RV development, seconded by Commissioner Roberts. MOTION AMENDMENT: Commissioner Roberts moved to amend the motion to reflect that this body authorizes Mr. Bookey to remove some trees and that they be replaced with trees and/or landscaping, seconded by Commissioner Bannock. VOTE AMENDMENT: Motion passed unanimously by roll call vote. VOTE MAIN MOTION: Motion passed unanimously by roll call vote. c. Repeal Plat PZ88-18: Block A, Lot 6, Block 1, East Addition, Kenai Original Townsite This plat is very unusual for this area. It is 1" squares within a lot. None of the 1" lots have been sold. All lots are under one ownership, Mr. Leo Oberts. An approval of this resolution repeals the plat. MOTION: Commissioner Brown moved approval of PZ88-18, seconded by Commissioner Roberts. VOTE: Motion passed unanimously by roll call vote d. Development in TSH Zone: Lot 4, Blk 4, Original Townsite - RV Park - Dan Roberts Commissioner Roberts stepped down to present his development. Currently there are 15 spaces and the expansion will bring the number to twenty. The current portion of the park is to be upgraded. We will construct hookups and will excavate the lot making a new gravel pad along with utilities. I have already applied for DEC permits and will meet all requirements. I have had an RV park there and I have been told that I should get approval on both portions if you would agree. The park has been there for several years and there has been an RV parked on it every year. KENAI PLANNING & ZONING COMMISSION October 26, 1988 Page 11 ~~ MOTION: Commissioner Brown moved approval of the proposed RV park on Lot 4, Blk 4 Original Townsite and the existing RV park on the adjacent lot, seconded by Commissioner Bannock Commissioner Bryson requested that legal description of the adjacent lot be included. Mr. Garnett stated that it would be Tract D, Nissen S/D 1983 Addition. Chairman Nault asked if a clause regarding landscaping needed to be included, answer no. The lot has one tree on it and Mr. Garnett stated that he would protest if that were removed. All other vegetation should be removed. Chairman Nault asked about public facilities, Mr. Roberts answered that there will be toilets on skids that can be removed during the winter, but that they are not the portapotty type. These are much cleaner and nicer. Councilman Smalley asked if there were going to be showers, answer yes, although they are not shown on the plan. VOTE: Motion passed unanimously by roll call vote 8. PLANNING a. Recommendations to Council ~ This item was on the agenda should the Commission have reached a decision following the work session. There were none. 9. REPORTS a. City Council Councilman Smalley stated that the agenda is in the packet. The Commission discussed the street light problem. b. Borough Planning Commissioner Bryson gave the report from the Borough Planning Commission. c. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None KENAI PLANNING & ZONING COMMISSION October 26, 1988 Page 12 11. INFORMATION ITEMS a. City Council b. Borough Planning c. APA News 12. COMMISSION COMMENTS & QUESTIONS MOTION: Commissioner Glick moved for reconsideration of PZ88-9 at the next meeting, seconded by Commissioner Bryson Commissioner Glick stated that he was not comfortable with what the Commission did and would like to put on a review. Please request an opinion from the attorney regarding which portions of KMC 14.20.150 and KMC 14.20.151 pertain to extraction alone. 13. ADJOURNMENT There being no further business, the meeting was adjourned. The Commission set a work session for the following meeting, November 9th, at 6:00 P.M. Janet A. Loper, Planning Specialist Secretary to the Commission PLANNING & ZONING COMMISSION ~ ~~~~ ~~ ~~'~ lll.....~~~ ,CJ' f ~~, n1~~ R o 11 1r~ (~ ~ ~~ ~~ , ~ ~ ~ ~ 6, Call ~ ~~ ~~, ~~~ ~~ ~, ~~ ~~ ~o ~v~~ ~~ ~~v ~~ , Chairman Pat Nault ~ ~ , ~, ~ ~ \~ Dave Brown ~ 7 ~ ~ 1' ~~ ~ I -Phil Bryson ,~ ~ , \/ 1 ~ ~ ~ t i Carl Glick ~ ~ Margaret O'Reil y Y Dan Roberts / ~ y y ~ ~ ~-~. . Council Re.p. Hal Smalle TO DO