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HomeMy WebLinkAbout1988-12-14 P&Z Minutes~ °~ KENAI PLANNING & ZONING COMMISSION becember 14, 1988 - 7:00 P.M. City Hall Council Chambers Chairperson Pat Nault, Presiding AGENDA 6:00 P.M. - JOINT WORK SESSION WITH PARKS & RECREATION COI~IlKISSION REGARDING RECREATIONAL VEHICLES 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS a. Resolution 88-20: Amend Kenai Municipal Zoning Code, 14.20.231, to Allow Bed & Breakfast Establishments b. Resolution 88-24: Variance from Sign Code for Snowshoe Gun Club - Don Feltman c. Resolution 88-25: Conditional Use Permit for Business Known as Hi-Lo Charters - Lot 6, Anglers Acres - Bryan Lowe d. Resolution 88-26: Conditional Use Permit for Lucky Angler RV Park - Govt Lot 5, Sec. 2 - Foster Brothers e. Resolution 88-27: Conditional Use Permit for Fosters Landing Guide Service - Lot 39, Anglers Acres - Foster Brothers f. Resolution 88-16: Conditional Use Permit for Extraction of Natural Resource - Tracts A-lA Hollier S/D # 4 and Tract B, Hollier S/D #2 - Ed & Joanna Hollier (extended public hearing) g. Resolution 88-19: Conditional Use Permit for Business Known as Nicks Ironworks - 609 S. Ames Rd. - Nick Miller (extended public hearing) 5. APPROVAL OF MINUTES of November 9, 1988 6. OLD BUSINESS "'~;. ,` `~ 7. NEW BUSINESS a. Home Occupation Permit: B&M Kenai Water Pure - 1709 4th Ave. Robert E. McCroskey b. Preliminary Plat PZ88-21: Kenai Tidelands Survey #2 c. Preliminary Plat PZ88-22: VIP Park Estates S/D #3 d. Preliminary Plat PZ88-23: Gusty S/D #7 e. Preliminary Plat PZ88-28: Parsons Homestead #3 8. PLANNING a. Recommendation for Charlotte's Pond 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 Agenda b. Borough Planning Agenda ~ c. Corps of Engineer's Permit Request for Dredging - Cherrier & King 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT PLEASE BE SURE TO BRING YOUR CODE BOORS AND COMP PLAN BOORS. L~~~ p KENAI PLANNING & ZONING COMMISSION December 14, 1988 - 7:00 P.M. City Hall Council Chambers Chairperson Pat Nault, Presiding 1. ROLL CALL Present: Nault, Bannock, Brown, Bryson, Glick, O'Reilly, Roberts Absent: None 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution 88-20: Amend Kenai Municipal Zoning Code, 14.20.231, to Allow Bed & Breakfast Establishments The Commission held a joint work session with`the Parks & Recreation Commission prior to the meeting. The city attorney had submitted a memo with some suggested amendments to the Commission draft which the Commissions reviewed. Discussion will include this memo. Chairman Nault and Commissioner O'Reilly asked about the time limitation suggested in the attorney's memo. Councilman Smalley stated that he had arbitrarily picked a five day time frame. In checking with some other folks in the travel agencies, generally speaking if you're going to choose a time frame you should chose a week because most of your minimum travel bookings are seven days. Chairman Nault: He states the purpose is to keep it from turning into a boarding house. Councilman Smalley: Yes, then it doesn't turn into a bed and breakfast. I've talked with two of the bed and breakfast operators in town and they suggested if they put a time limit they should consider seven days because that coincides with travel arrangements through agencies. MOTION: Commissioner O'Reilly moved approval of Resolution 88-20 to amend the Zoning Code to allow bed and breakfast establishments, seconded by Commissioner Bryson KENAI PLANNING & ZONING COMMISSION December 14, 1988 Page 2 ~ Chairman Nault opened discussion to the public. There were no comments. MOTION AMENDMENT: Commissioner Bryson moved to amend by adding attorney's comments specifically 14.20.321 items c and d plus the comments following concerning the placement to (76), seconded by Commissioner O'Reilly. Commissioner O'Reilly: I don't think there should be a time limit, the price would keep the bed and breakfast from becoming a boarding house and it seems like a rule that we don't need. And five days is much too short. Councilman Smalley: I agree, I think it would be cost prohibitive. MOTION: Commissioner O'Reilly moved to amend by changing the five days to seven days, seconded by Commissioner Bannock Commissioner Brown: Using an example, if I came to Kenai and lived in a bed and breakfast for seven days and now I can't stay there any more because we're saying that they can't stay more than seven days, and then someone take my place for seven additional days, what's the different between that and if I stay 14 days. Commissioner Bryson: Very good point. Commissioner Brown: If we're going to allow bed and breakfast and say that you can have 30% of the floor area will accommodate five people it doesn't matter if those five people stay thirty days or whether you have five new people every seven days. I would be opposed to a time limit in that sense. Commissioner Bannock: Similar to the thirty days with the RV regulations. Commissioner Brown: I can understand the thirty days for the RV's because at some point they are going to become a nuisance. Councilman Smalley: I talked to Mr. Rogers and he indicated that he felt that because we had a definition in our code about boarding houses to prevent it from being treated as a boarding house there needed to be a time limit. I've talked with Irene Fandel about this, she couldn't be here. Most of the bed and breakfasts that she knows don't want people more than seven days but that appears to be right at the limit because of the travel coupons and packages which are at seven days. And these include fishing in Homer one day, going to tours in Seward one day, or fishing the Kenai two or three days, but by and large she also visited with other people running bed and breakfasts and they all agree that seven is the maximum they would want. Planning Specialist Loper: It sounds like it would be self KENAI PLANNING & ZONING COMMISSION December 14, 1988 Page 3 ~) limiting. Commissioner Brown: I've never run a bed and breakfast so maybe I'm off, but I'm thinking that that restriction on somebody that would run a bed and breakfast would be bad but you're saying that they don't mind that restriction? Councilman Smalley: They did not object to it. They objected to a five day limitation because it didn't coincide with most package deals. She said we don't want them for more than seven (days) anyway. She said they have a high rate of turn over. Part of a bed and breakfast is getting to know people from all parts of the country, all parts of the world. I guess that's part of the integrity of a B&B. Commissioner Roberts: What is the problem with it being termed a boarding house for thirty days. Councilman Smalley: Boarding house by definition talks about numbers of meals served and so forth where your B&B says no more than one meal. Commissioner Roberts: What is the problem in the event that this particular group stayed more than thirty days and it was termed for a day or five days or whatever. Councilman Smalley: You'd have to ask Mr. Rogers. Commissioner Roberts: If that be the problem then, I think twenty nine days would be a good time limit. Chairman Nault: Boarding houses don't speak to thirty either, I don't know where this comes from. Commissioner Roberts: There is always the remote possibility that we would have a group come in here and someone scheduled a six week time frame to stay in a bed and breakfast, there's always that possibility but I don't see any reason to limit it. Chairman Nault: When I try to think about how it could become a problem, the only thing I can imagine is a B&B is going to have to be a conditional use anyway and if someone comes before us and turns out to be a marginal operation for some reason and they end up turning it into more of a boarding house and taking people on a longer term on less of a daily rate than they would have anticipated, that's the only problem I can see. It wouldn't meet the spirit of the B&B. Commissioner Roberts: In the even that happened then we could always terminate their permit. Chairman Nau1t: Sure, and if the neighbors complained we could act on it then. MOTION RESCINDED: Commissioner O'Reilly asked to rescind her motion regarding the seven days, Commissioner Bannock to withdraw his second. KENAI PLANNING & ZONING COMMISSION December 14, 1988 Page 4 ~ VOTE AMENDMENT: Motion failed unanimously VOTE MAIN MOTION: Motion passed unanimously Commissioner Bannock: We eliminated all of the attorney's comments and what we want is for the attorney to be able to correct any graphic errors as in his "c" and "d" and if he can go ahead and do that then what we want to retain is the item regarding attachment b, moving the definition to number 76. MOTION AMENDMENT: Commissioner Bryson moved to amend by incorporating the intent of the attorney's comments contained in his memo, page 2, following item "d", the first full paragraph, seconded'by Commissioner Glick VOTE: Motion passed unanimously Commissioner Bannock asked that the recommendations of the Commission be passed on to the attorney for submittal to the Council at their next meeting in the proper format with the proper changes as suggested excluding the time limitation. The Commission agreed. b. Resolution 88-24: Variance from Sign Code for Snowshoe Gun Club - Don Feltman Planning Specialist Loper introduced the item and explained that this sign request is similar to the Twin City Raceway sign, that the sign is existing and is a very pleasing sign and not lighted, and that its location rests directly across Shot Gun Drive from the Twin City Raceway sign. No written comments have been received prior to the meeting. MOTION: Commissioner Brown moved approval of 88-24, variance for sign for Snowshoe Gun Club at the referenced location, seconded by Commissioner Bryson Chairman Nault called for comments from the public, there were none. VOTE: Motion passed unanimously c. Resolution 88-25: Conditional Use Permit for Business Known as Hi-Lo Charters - Lot 6, Anglers Acres - Bryan Lowe Planning Specialist Loper introduced the item by explaining that the situation is similar to the Beaver Creek Lodge approved at the last meeting, and is adjacent to that property. One written comment was received from Mrs. Schnieder, an adjacent property KENAI PLANNING & ZONING COMMISSION December 14, 1988 Page 5 `p owner voicing no objection. MOTION: Commissioner O'Reilly moved to approve Resolution 88-25, seconded by Commissioner Roberts Chairman Nault called for public comments, there were none. VOTE: Bryan Lowe, applicant and property owner came forward to answer questions. Chairman Nault: Is there any indication of the number of boats you plan on operating. Planning Specialist Loper indicated the letter of intent, answer is three boats. Chairman Nault: Is this drifting? Answer no, power boats. Commissioner O'Reilly: He meets the parking requirement? Answer yes, more than adequately. Motion passed unanimously d. Resolution 88-26: Conditional Use Permit for Lucky Angler RV Park - Govt Lot 5, Sec. 2 - Foster Brothers Chairman Nault and the Commission established the last appearance before the Commission and in what form which was as an amendment to their existing conditional use permit for a gravel pit. MOTION: Commissioner Bannock moved to accept Resolution 88-26, seconded by Commissioner Glick Chairman Nault called for public comments, there were none. Chairman Nault asked Mr. Foster to step forward and answer any initial questions. Chairman Nault: You already have a conditional use permit for this parcel of land correct? Gary Foster: That's correct. Chairman Nault: That existing permit is for operating as a gravel pit and the proposed land use after the gravel pit is a residential housing development. Gary Foster: That's correct. Chairman Nault: So the change that you are asking for is the proposed land use be changed to an RV park. Gary Foster Right. A lake and an RV park rather than a subdivision. . Chairman Nault: The proposed access is to be off Angler Drive? Answer yes. That is in the first phase. I explained in the letter that it wouldn't propose any type of a dust problem as there are no existing homes along there that would be bothered by the dust. Chairman Nault: Yolr plan is to eventually do away with that entrance and use the entrance from Beaver Loop. Gary Foster: Correct. When phase 2 is finished then the only entrance and exit KENAI PLANNING & ZONING COMMISSION December 14, 1988 Page 6 ~ will be from Beaver Loop. Chairman Nault: Now why is the entrance not going to be from Beaver Loop initially. Gary Foster: We still have to run our gravel operation out of phase 2. We have a lot of material to remove in order to make the lake right now. This keeps the gravel trucks from having a conflict with the RV's. Commissioner Bannock: How long with the gravel operation continue after this is passed and it becomes 100% RV resort. Gary Foster: That is hard to say. We would like to say next year but it depends on the amount of gravel that is required to come out of there. Commissioner Glick: How many yards do you think you have to take out of there yet. Gary Foster: My brothers would have to answer that and they are both out of town right now and couldn't be here. Commissioner Bannock: Can a situation be allowed with two very different situations are going on. Planning Specialist Loper: They wouldn't be operating on exactly the same parcel at the same time. Commissioner Bannock: Is the intent here to divide it into parcels where one has the gravel operation and this one is the RV resort. Gary Foster: Phase 1 and phase 2 would be the difference between the two. Commissioner Bannock: So then, going back to the legal description ... Gary Foster: There is a map which depicts phase 1 and 2. Commissioner Bannock:..._So...then if this conditional use permit were approved it would only be for phase 1. Planning Specialist Loper: No. Chairman Nault: The permit for gravel extraction is always issued with the mineral extraction being a part of the permit and then the plan as to what the land is to be used for after the mineral extraction. Planning Specialists Loper: He would be doing exactly the same thing if he were doing a residential development. Commissioner Bannock: I understand. Commissioner Bryson: I think generally the gravel operation is a pretty general situation and is not something that spreads evenly across the summer, its concentrated in a few days or a week or two and is seasonal. Chairman Nault: Is there going to be any conflict with an RV park and a gravel operation going on at the same time. I guess people in RV's wouldn't want to be next to an ongoing gravel operation. Gary Foster: Probably what we'd have there is an operation that would be strictly sporadic as Phil explained. It's unfortunate and I wish we didn't have all that gravel there right now, but I think with our plans of putting up buffers and rock to screen it will help. The main thing is we don't want to mix RV's and gravel operations on the same street. It will be seasonal and a while for us to become known anyway. Commissioner Glick: You show trees around the area now, but when I drove out there I wasn't sure of what I was looking at. Gary KENAI PLANNING & ZONING COMMISSION December 14, 1988 Page 7 ~ Foster: There is very little there now. Part of our problem is that we're building back up to the property lines. You may not have noticed but last summer we reclaimed a lot of the property line on the west side connecting to Mr. Pelch. Years ago when that pit was put into existence they probably didn't have survey stakes so there are some places that are closer than we would like so we're reclaiming that back up from the property line out to the lake's edge. Commissioner Glick: Are you actually going to have trees or shrubs or just grass. Gary Foster: We have grass and trees we transplanted in one section all ready. We hope to do the whole thing that way. The grass is no problem but the trees are hard to grow. We've had good luck with some trees because we have big enough equipment. Commissioner Glick: So the buffer zone would take a few years before it would really be thick. Gary Foster: Some of the buffer is actually there, but not very much of it, so much was cleared in years past. Chairman Nau1t indicated the second lot and description on the map and discussion turned to the public access. The lot had originally come to the Commission for a boat ramp and that project has been completely dropped. Chairman Nault asked where people would put in boats, answer from Mr. Foster from Cunningham Park or other facilities. We can put them up for the night and we can provide them with a bulletin board listing guide services but they would have to line up their own guides. Chairman Nault: What about river access for bank fishing. Do you anticipate use of the public easement. Gary Foster: I don't think so. There is a right-of-way there but people would have to walk down the ditch. I doubt if the kind of people are going to attract are going to do that. Commissioner Roberts: When do you think you would have the first spaces available. Gary Foster: I don't think we'd make it next summer. We could make some space available but I doubt if we have enough time left. It would take a full summer season to do what we want to do with the underground work and reclaiming work. Commissioner Roberts: That's too bad, we need the spaces now. Commissioner Bannock: If you use that entrance from Angler Drive say for two years before you are able to use the Beaver Loop entrance, are there houses on that portion of Angler? Gary Foster: No. The nearest house is Mr. Pelch's to the north of Angler Drive and he is well off the road in the trees. The Commission discussed the two dissenting letters and the location of their property in relation to the RV park. Mr. Bryan Lowe: I don't mind the RV park going in at all, but the biggest concern I have and most of the residents on Angler Drive is the boat traffic. I'm speaking for property owners from Lot 4 through 9 and some down on lot 23. I feel that everyone that owns KENAI PLANNING & ZONING COMMISSION December 14, 1988 Page 8 property on Beaver Creek slough should have no more than three boats and not everyone has three boats now but if everyone has three boats that owns a lot there, that's going to be a lot of boats. If the RV park goes in they aren't going to be coming in there with the boats and parking along the banks and the wetlands. Chairman Nault: Where would you anticipate they would park. Mr. Lowe: I'm not saying they could do it, but they could park around the public easement, along the banks and then go up to the RV park. Commissioner Roberts: What are you saying, why would this have anything to do with the RV park, how are you tying it in. Mr. Lowe: Say the person comes from California or Anchorage and he comes into the Foster Brothers RV park, he goes down to Eagle Rock and puts his boat in and comes up to the slough and ties up to the tree by his motor home and walks maybe a block to his motor home. Commissioner O'Reilly: Are you saying that you feel that many of the people who are driving these RV's will be bringing a boat with them. Mr. Lowe: Well I don't know, it's an RV park. If I come from Anchorage and I have my own boat maybe I want to try out this new RV park instead of staying at Eagle Rock and come in at the easement. Commissioner Roberts: The people at the RV park are going to be staying in the RV park. What you're talking_ahout_is general traffic. Mr. Lowe: No, I'm talking about an RV pulling a boat behind them and parking it on the banks near the RV park or the public easement and then walking to their camper or motor home and then you get 50 RV's and 50 boats. I'm not saying this is going to happen I just want to say that this is what we don't want. There should be some kind of control on this. Commissioner Glick: There is only one parcel there that is not private land, right? Mr. Lowe: Yes, the public easement. Planning Specialist Loper: Perhaps it would help you to know that both Angler and Ames are city roadways and should a problem with parking arises our police could handle that. Mr. Lowe: I'm talking about boats on the slough itself. I'm talking about 20 guys in there with 20 motor homes pulling 20 boats and then they go in there and park their motor home and take a pickup with the boat down to Eagle Rock and then all zoom up the slough and park along the bank. Councilman Smalley: I don't think the city can regulate that can they? Commissioner Bryson: That was a concern when it was first proposed quite a while. To the extent that they are parking on property that is private, that is something the property owners are going to have to protect their rights in that area. It's a 1 concern I had a long time ago, but the only people that can enforce it are the private owners. KENAI PLANNING & ZONING COMMISSION December 14, 1988 Page 9 Mr. Lowe: Its not only private property its the wetlands. The biggest thing is the traffic on the slough. If you get a hundred RV motor homes parking there and 50 of them have boats and they're parking along the banks its going to be a problem. Commissioner O'Reilly: Do you have some research that would indicate actually what kind of percentages of these RV people would have boats. Mr. Lowe: No I don't. I'm not against the RV park, I'm just concerned about the slough and the boat traffic. Commissioner Roberts: Mr. Lowe. we can't control the slough. Mr. Lowe: Ok, but you can say in his permit that he can't allow 50 boats to be tied up to lot 1. Planning Specialist Loper: We are talking apples and oranges here it sounds like. We can't control the easement nor the slough. He has a second permit application for a guide service for the lot you're talking about. You might want to keep in mind that the guide service is controlled. Mr. Lowe: I feel that anyone that owns a piece of property on Beaver Creek slough has the right to have three boats and three boats per lot and if everybody has three boats that slough would be full and I don't think we need that. Planning Specialist Loper: It might be helpful if I explained by using Mr. & Mrs. Sledge as an example, that they are private property owners who do not have a guide service,:. or a bed and breakfast and no commercial venture and are permanent year round residents cannot be restricted in any way shape or form on whatever they want to do. Mr. Lowe: So they could have a hundred boats on their lot. Planning Specialist Loper: Yes, they could have a hundred boats on their lot and we cannot restrict them. Does that make any sense or help you. Mr. Lowe: If I had known that I wouldn't have come up in the first place. I just wanted to express my concern over the slough and I think the RV park is a good idea, just so there is strict control over it itself. Chairman Nault: And you think the neighbors there don't have any objection to the RV park just to the boat traffic. Mr. Lowe: No. They don't, just the boat traffic. Gary Foster: I just wanted to add that we have a controlled plan for that lot. We have our own boats there, we have one guide worked out, and we wouldn't let anyone walk all over our property any more than you would. Commissioner Glick: I spent several years in Fairbanks and there are a lot of gravel pits there that were extracted right in the city and around the surrounding area that were reclaimed and a couple big ones that they turned into lakes and have trailer parks in them that are nice with grass planted and on the other side they're still extracting gravel and it doesn't seem to be a detriment to what they're doing and people don't seem to be unhappy and I know several people that live there. It seems to KENAI PLANNING & ZONING COMMISSION December 14, 1988 Page 10 work well, and they're not RV in that sense, they are more permanent places. But when the question came up about doing both at the same time, they seem to be doing it successfully there and not bothering the full time residents. In light of the fact that we really need some spaces to park RV's and travelling people, and my son is in the guide business too, and most of his clients that are in motor homes and RV's are brought in from Soldotna. That's where they park now, there is no place to park. There are a couple behind Fred Braun's, not nearly enough. We're talking about attracting business and tourists to Kenai and we don't have a place for them to park when they get here. Personally, I'm in favor of this especially if its going to be developed like Mr. Foster says. Chairman Nault: Concerning the RV park ordinance. My concern is that if we're going to ultimately pass some type of an RV park ordinance I would like any development that we're considering in the mean while to conform as closely as possible. Planning Specialist Loper: The regulations that we are setting up are going to be over and above the state regulations that must be met such as DEC. We approved two RV parks, one for Mr. Bookey who is in the audience and Mr. Roberts, our commissioner and both gentlemen can tell us in more depth what is required. Commissioner Roberts: Oh yes, there are many agencies involved, we don't need to be putting more on them since Fosters have just begun. VOTE: Motion passed unanimously e. Resolution 88-27: Conditional Use Permit for Fosters Landing Guide Service - Lot 39, Anglers Acres - Foster Brothers Planning Specialist Loper: This lot is proposed for a guide service similar to those already approved. The letter of intent states that they will be limiting themselves to three boats, there will be an office plus one full time employee with off hours being run from the resort office. Planning Specialist Loper: Councilman Smalley is asking for clarification on that lot. There is a public easement on your lot. On the map you submitted it is not shown and appears to be your entire lot. I think what Councilman Smalley is asking for is clarification that that easement is not going to be used as part of your guide service. Have I explained it right? Councilman Smalley: Probably. Gary Foster: About the only way I can explain is that the easement is 30' on either side of the drainage ditch. That map is too small to show the easement. Councilman Smalley: Yes. It was just a point of clarification because it was a concern before regarding the parking of trailers KENAI PLANNING & ZONING COMMISSION December 14, 1988 Page 11 'y and so on. Gary Foster: We upgraded that lot, gravelled it and made space there so that his dad could put his motor home there. Commissioner Bryson: The 30' easement that is on your side is included in your lot one. Gary Foster: Yes. I don't know where it came from but it is from our lot. Planning Specialist Loper: In visualizing the easement, the ditch is perhaps 20' wide which leaves 10' for public walkway if one so desired. Gary Foster: Right. And the average person probably wouldn't want to walk down there anyway. In years passed people did walk it. It's mainly drainage for the lowlands and the roadway ditch. We use it to drain off water from the gravel pit and maintain that ditch. Chairman Nault: Is that a formal agreement you have with the city to maintain that ditch. Gary Foster: We aren't in charge of it but we did agree that we wouldn't block it or dam it. Planning Specialist Loper: If you are asking if there is a written formal agreement that the Fosters will maintain that ditch the answer is no. They have just done it and the city actually does most of the maintenance on it. Councilman Smalley: The only reason I asked that is a point of clarification because it was a point of concern as far as the potential denial of public access down that strip if they ever chose to use it. ~ MOTION: Commissioner Roberts moved to grant the conditional use permit for Foster's Landing Guide Service on Lot 1 Angler's Acres, seconded by Commissioner O'Reilly Chairman Nault called for public comment. Nick Miller: I have no problem with Foster Landing Guide Service I just came up to answer questions on the public right-of-way. Its pretty swampy and grown up right in that area, not too many people ever try t.o walk down there more than one time and then when they get there nobody fishes there because it isn't that great. We never have. I'm adjacent to that too and there's really never been too many times that people have tried to get down there. Once they get past the sign that says big bears they don't try it again. Commissioner Bryson: The permit is requested for a fishing guide business. It's my impression that this excludes any access of boats being taken to and from the river other than the operation that is going on as part of the guide service. Councilman Smalley: In other words its not a launch. Commissioner Bryson: Yes, its more or less a definition of what a guide service is. As long as boats aren't funneled through the lot whether they're charged or not, its quasi open to the public type thing. My impression from the description is that he's excluding that but it's not said. If this is more than a fishing KENAI PLANNING & ZONING COMMISSION December 14, 1988 Page 12 '~ guide service I would request that the city staff warn us or make us aware of such use_ VOTE: Motion passed unanimously f. Resolution 88-16: Conditional Use Permit for Extraction of Natural Resource - Tracts A-lA Hollier S/D # 4 and Tract B, Hollier S/D #2 - Ed & Joanna Hollier (extended public hearing) There were questions concerning ownership at the last meeting and since that time Mr. Gary Hollier has contact me and the Borough and has corrected the problems. The names of Ed and Joanna Hollier have been removed as owners in Beaver Loop Partnership in that they never had been a part of that Partnership. The problem arose when they swapped lands with the Partnership and the deeds were never recorded to reflect that. That problem has been corrected and the deed is in the process of being recorded. The Commission and Mr. Hollier clarified the legal description of the lands being requested (for the record the descriptions are correct in the heading). Gary Hollier: I would ask not to be held to a 10 acres limitation. In discussions with Janet I learned of the problems with Mr. Cone and I don't know of any reason why that. was done when in fact the city has no such ordinance. Planning Specialist Loper: I did a research which was sent out to the Commission and Councilman Smalley and it did indicate that Mr. Cone was the only one with that type of stipulation. It appeared to have been done through administration with concurrence by both Borough and City planning commissions. MOTION: Commissioner Bryson moved to approve resolution 88-16, seconded by Commissioner Glick. Commissioner Bannock: My main concern is that we approved these as consistently and uniformly as possible. Planning Specialist Loper: Along with your report/summary is a map on the wall behind Mr. Hollier of all the existing gravel pits. The green marks depict the permitted sites, the red are the existing sites whether or not they are being worked. Chester Cone: I have no objection to Gary's application but I did submit a letter to the city asking that if this permit were granted in access of ten acres, that there be an exemption made to my permit doing away with the ten acre requirement. I think now is the time when you are acting on his. Chairman Nault called for further public comments, there were none. KENAI PLANNING & ZONING COMMISSION December 14, 1988 Page 13 ~ VOTE: Motion passed unanimously Mr. Hollier: I have a comment for the record. It seems to me like these grave pit permits are kind of a two edged sword. The city requires that a person acquire a permit before they can sell any gravel but then in turn if the city wants gravel they will go anywhere they will purchase gravel from anyone without a permit. It seems to me that the city or the Commission would want to be consistent with their own regulations that they put on citizens and then adhere to it themselves. Councilman Smalley: That comment will be read for city administration. The Commission took a 5 minute break. g. Resolution 88-19: Conditional Use Permit for Business Known as Nicks Ironworks - 609 S. Ames Rd. - Nick Miller (extended public hearing) Planning Specialist Loper: Mr. Miller and I had a discussion during the break and the result is that Mr. Miller still has a business within his home and is asking that the Commission does not rescind the home occupation permit. The request for the ~ conditional use permit stands on its own since it is a separate business on a separate lot and is under consideration this evening. Nick Miller: There is no business license for that other building at this point in time. What I did was move from one lot to the next without thinking about doing the same thing until Janet sent the paper work asking for a permit for the second location. Planning Specialist Loper: With a business though, the way his garage is situated, it needs the conditional use permit. Nick Miller: The one that has the garage, house, and shop, that's not in question. The one that's on the end of the road, that one is the one that needs the permit. MOTION: Commissioner Roberts moved to call for reconsideration for resolution 88-19, seconded by Commissioner Glick VOTE: Motion fails Commissioner Bannock - no Commissioner Brown - yes Commissioner Bryson - no Commissioner Glick - yes ~ Commissioner Roberts - no Chairman Nault - no Commissioner O'Reilly - no KENAI PLANNING & ZONING COMMISSION December 14, 1988 Page 14 Original motion for approval failed and stands. Councilman Smalley: He has the option to appeal to Council. Nick Miller: Now if you look, you've completely surrounded me by conditional use permits for guiding. I also am a partner in my fathers guide business. Is there going to be any objections when I bring my conditional use permit for a guide operation. Chairman Nault: For that same garage? Answer yes. Chairman Nault: I think it's pretty clearly reflected in the minutes of the last meeting that it was denied, not because any one thought it was a bad idea but because the use is so clearly incompatible with the area. Nick Miller: Now every one of these guide services has three boats parked in their yard they're allowed am I right? And they can all work on their boats in the yard? Chairman Nault: But a welding shop is not something that is allowed as a conditional use in a residential area. Nick Miller: That is my point, they can also do the same thing like Mr. Keen. He has a business license on a piece of property but works out of Homer and keeps a 40 foot boat and equipment parked on his yard most of the year. The same with the other people, they have boats in their yard and they're working on them. It was a welding shop but it was welding on boats that were used on the Kenai River. Councilman Smalley: I think the word was fabrication. It was in the book that Howard used. 5. APPROVAL OF MINUTES of November 9, 1988 Minutes approved as submitted. 6. OLD BUSINESS None 7. NEW BUSINESS a. Home Occupation Permit: B&M Kenai Water Pure - 1709 4th Ave. Robert E. McCroskey Mr. McCroskey came forward and explained that his business would mostly be carried out by phone and by delivery. No persons would be coming to his home. His inventory consists of about 4 square feet of one room and is worth about $5,000. None of the equipment is large or heavy. MOTION: Commissioner O'Reilly moved approval of the home occupation for B&M Water Pure at 1709 4th Ave, seconded by Commissioner Glick. KENAI PLANNING & ZONING COMMISSION December 14, 1988 Page 15 VOTE: Motion passed unanimously by roll call vote b. Preliminary Plat PZ88-21: Kenai Tidelands Survey #2 This is the plat that details the two leases previously approved by this Commission. MOTION: Commissioner Bryson moved approval of PZ88-21, seconded by Commissioner Glick VOTE: Motion passed by unanimous consent c. Preliminary Plat PZ88-22: VIP Park Estates S/D #3 This plat is for a separate lot which would contain a drainage pipe to the Kenai River from Royal Pacific Seafoods. MOTION: Commissioner Brown moved approval of PZ88-22, seconded by Commissioner Bannock VOTE: ,~ Motion passed by unanimous consent d. Preliminary Plat PZ88-23: Gusty S/D #7 This plat would enable Mr. Doyle to attain additional parking spaces for his trailer vans. MOTION: Commissioner Glick moved approval of PZ88-23, seconded by Commissioner Roberts. Commissioner Bryson asked that the Council and administration be alerted that the Commission has concerns about the buffer strips along First Avenue and perhaps Coral Street when the lot is cleared and advises that the Commission concurs that the buffer be retained. VOTE: Motion passed by unanimous consent e. Preliminary Plat PZ88-28: Parsons Homestead #3 This plat reverts the .former small lots to large acreage. The Commission noted that the rezoning will be cancelled due to the fact that this plat will supersede the previously unfiled plat. MOTION: Commissioner Brown moved approval of PZ88-28, seconded by Commissioner Roberts. KENAI PLANNING & ZONING COMMISSION December 14, 1988 Page 16 VOTE: Motion passed by unanimous consent MOTION: Commissioner Bryson moved to direct administration to forward a letter to the Borough concerning the ordinance which would enact the rezoning of this parcel, seconded by Commissioner Glick. VOTE: Motion passed by unanimous consent 8. PLANNING a. Recommendation for Charlotte's Pond The material concerning this item were addressed to the Planning Commission with an opportunity for comment should the Commission so desire. The location is across the inlet and not within the City jurisdiction, and the Commission chose to make no comment officially, however, felt it was a pretty name. b. Consideration of Request by Mr. Cone to Modify an Existing Conditional Use Permit for Gravel Extraction Material concerning a study of existing permits on gravel pits and Mr. Cone's permit for Tract 6, Horseshoe End. at River Bend had been mailed to the Commission previously. MOTION: Commissioner Roberts moved that the Commission modifies the conditional use permit for Mr. Cone on Tract 6, Horseshoe End at River Bend to conform to the privileges and regulations granted other permits for the same use, seconded by Commissioner O'Reilly. Chairman Nault: I realize he can request modification of his permit, does he have to fill out some type of form? Councilman Smalley: He did send a letter and that should be sufficient. Commissioner Bryson: I would imagine, in an area that was tighter on development on completing these things the intent would be to finish work in an area and start redeveloping it through placement of silt or whatever, but giving the precedent of so many since then. Planning Specialist Loper: The odd part is that there were three granted all within a short time of each other, but only his was given those restrictions. ~ Commissioner Bryson: The breakdown of logic to me was requiring a buffer area every ten acres, well that's where the roads would go. KENAI PLANNING & ZONING COMMISSION December 14, 1988 Page 17 9. REPORTS a. City Council Councilman Smalley gave a report on Council activities, with emphasis on CIP projects. b. Borough Planning Commissioner Bryson gave a report on Borough Planning Commission activities. c. City Administration No report 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. City Council Agenda b. Borough Planning Agenda c. Corps of Engineer's Permit Request for Dredging - Cherrier & King i No comments 12. COMMISSION COMMENTS & QUESTIONS None 13. ADJOURNMENT There being no further business, the meeting was adjourned. C~,,~r,%r''v / ~ ~~ Janet A. Loper Secretary to the Commission KENAI PLANNING & ZONING COMMISSION DATE: Q~,ryp ~~~~ ~ ~~ f~~i~/ ~~ i CO DO ~~~ ~.~