Loading...
HomeMy WebLinkAbout1989-11-08 P&Z Minutes~l KE NA = P LANN = NG ~ Z O N = NG COMM = S S = O N November 8, 1989 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Vice Chair Presiding AGENDA 1. ROLL CALL a. Welcome New Members - Art McComsey and Art Graveley b. Election of Chairman 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. Sylvia Spearow, Borough Planner - Borough Comprehensive Plan 4. PUBLIC HEARINGS a. Resolution 89-16: Amendement of Kenai Municipal Code by Adding Section 14.20.145 - Recreation (R) Zone 5. APPROVAL OF MINUTES of October 25, 1989 6. OLD BUSINESS 7. NEW BUSINESS a. Vacation: 10' Utility Easement, Lot 2, Misty Haven S/D - HUD b. Proposed Resolution to Assume Powers of Amending Land Use Plan c. Corps of Engineers Application for Placement of Buoy in Kenai River - Cook Inlet Processing 8. PLANNING 9. REPORTS a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEUDLED TO BE HEARD Planning & Zoning Commission November 8, 1989 Page 2 11. INFORMATION ITEMS a. City Council Agenda - November 1, 1989 b. Borough Planning Agenda - November 6, 1989 c. Article from Computerland Magazine 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT KE NA = PLANN = NG Fx Z O N = NG COMM = S S = O N November 8, 1989 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Vice Chair Presiding 1. ROLL CALL a. Welcome New Members - Art McComsey and Art Graveley New Members were sworn in by Mayor Williams b. Election of Chairman The Commission decided and Vice Chairman Bryson agreed to remain in the position until the annual elections are held at the first meeting in January. 2. APPROVAL OF AGENDA Agenda was approved with no modifications. 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. Sylvia Spearow, Borough Planner - Borough Comprehensive Plan Mayor Williams addressed the Commission regarding the Comprehensive Plan and reviewed the need for getting an updated, current, and approved Plan as the City has been working under the Plan that was approved in 1980. The Mayor charged the Commission with the task of completing the Plan as soon as possible with as much input as possible. Both Sylvia Spearow and Dick Troeger, Borough Planning Director appeared before the Commission. Dick Troeger spoke regarding the overall spectrum of the City Plan and the Borough Plan. The Borough Comprehensive Plan was last addressed in 1973/74 with a minimal update which was an effort to update a 1969 Plan. The Borough is now in the infancy stage of writing a Plan which is much more comprehensive and the municipalities are a vital part of it. The City of Kenai will meld into the Borough Plan through activities near our borders. Another item to keep in mind is the Borough assists you with your Plan in the form of financial assistance. If you can identify a need for some money to help whether it be in-house, printing, hiring a consultant, or anything else, I would urge you to come forward with your request. Mrs. Spearow distributed the Borough Comprehensive Plan outline to the Commission for discussion. The Borough Comprehensive Plan will be a set of goals with action items on how to achieve those goals. Mrs. Spearow pointed out that each municipality within the Borough would have it's own section with information and comments from each community. The City of Kenai has this opportunity to put verbiage of its choice into the Borough Plan. KENAI PLANNING & ZONING COMMISSION November 8, 1989 Page 2 The Borough Plan is going to address needs of the residents that the Borough may not have addressed in the past such as roads, hospitals, and recreation trails to name a few. Input from the public and municipalities are important to these issues. Commissioner Brown asked if the Borough would be contacting Homer Electric addressing electric planning and if they can provide anything in the way of economic development. Mrs. Spearow answered that utilities are going to be addressed, however, it could be done on a much broader base as currently, the process is to work with utilities when addressing subdivision of property rather than from the economic standpoint. Commissioner Brown stated that they had just completed an expanded power requirements study and that would have a lot of important information regarding their ability. Commissioner McComsey: The Borough has service areas all over, is this going to continue and each area will have a portion, for instance the North Peninsula Recreation Area, or is there a possibility that will change. Mrs. Spearow answered that that is something the Borough seriously needs to look at over the next five years. With fire service areas there would probably be a lot of resistance from North Kenai and probably from other areas since the area of North Kenai has a larger area as far as equipment and funding. Commissioner McComsey added the garbage issue and Mrs. Spearow agreed that it was a very big issue. The Commission expressed appreciation to Mrs. Spearow and Mr. Troeger for the mapping on the buoys in the mouth of the river. Since we have the map now, Mrs. Spearow asked if there was something more that the Borough could do and further pointed out that while we now have all the names of applicants and the locations we don't really have any idea of whether or not those buoys are really there and if those applicants really ever put those buoys in or if any are in the right spot. If you would like the City and Borough to work jointly on this project, we could work on a plan. We could do the advertising and some of the notifications and then let the applicants know that if they don't respond by a set date they would lose their permit. The Corps hasn't told me that they would cooperate, however, they wouldn't object. The Commission agreed that it would support it and be worth the effort and that the Harbor Commission would be involved. Commissioner Brown stated that he would support it but not necessarily taking a permit away. Mrs. Spearow answered that the Corps informed her that some of those permits were issued as far back as the 1950's and they never expire. That means that several of these permit holders could have died and/or moved out of state in all that time. In looking at the map and flying over the harbor, it is quite congested. This would be a means of cleaning out those that are no longer interested and making room for new ones. Vice Chairman Bryson noted that in the course of time the channel could and probably has changed hundreds of feet and all these buoys need to be at the channel, they shouldn't be in the middle of the channel. Planning Specialist Loper reminded the Commission of plans to expand boat launching facilities which are bound to impact the channel. Mrs. Spearow will contact the PW Director and come up with an approach to take to the Harbor Commission and have it brought back by you for ways to approach this. KENAI PLANNING & ZONING COMMISSION November 8, 1989 Page 3 Commissioner McComsey stated he knew of one couple that had a buoy in the river and are no longer in the state which is just one example and is in favor of the project so that someone else has a chance to use the space. Mrs. Spearow: I'm sure there's a way to handle it fairly so that those who are active and have buoys and permits can be protected. Commissioner Brown suggested an addition to the Plan would be the proposed fire training grounds. Chris Como of the Borough is working with that portion and agreed that that certainly is something that needs to be mentioned. Commissioner McComsey: Chief Willis has land marked on his map was mental health lands given to the University of Alaska yesterday morning so that land is available for the fire training grounds. Dick Troeger: I personally am in favor of as much local control in government as possible. I don't suppose the City of Kenai would like to take on garbage and waste disposal. On Planning & Zoning matters, the City has zoning power with the Borough retaining the planning powers. Last year we put an enabling ordinance into place which allows the cities to make amendments to the Comprehensive Plan at the city level without having to go through the bureaucracy of going through the Borough. Planning Specialist Loper explained that there is a resolution before the Commission this evening dealing with just that. On the Comprehensive Plan I hope you keep moving ahead on it and get a draft in place as soon as possible. The longer it goes without attention the harder it is to make it meaningful and that is where the Borough is right now. We let it go too long. 4. PUBLIC HEARINGS a. Resolution 89-16: Amendment of Kenai Municipal Code by Adding Section 14.20.145 - Recreation (R) Zone This resolution and draft returns to the Commission with two forms for revision of the sign portion of the Code which would accommodate this particular zone. Form A was the original draft and Form B was the amended draft as submitted by Commissioner Bannock, plus the Land Use Plan proposed amendment. Commissioner Brown: It would be my opinion that the amendment to the sign code portion should be a separate resolution. Planning Specialist Loper asked if that would mean three since the Land Use Table is included. We missed amending or addressing both the Sign Code and the Land Use Table when we were going through the process for the Townsite Historic Zone and I felt that this would keep it cleaner, however, it can be done any way you wish. Vice Chairman Bryson asked that the resolution be amended to reference those two items. Commissioner Brown stated that he did not desire delaying the passage of the zone and if there was no problem with keeping all three ~ amendments together, then there is no problem. KENAI PLANNING & ZONING COMMISSION November 8, 1989 Page 4 MOTION: Commissioner Glick moved approval of PZ89-16 with the last paragraph being amended after the the words "Attachment A" to read: "14.20.220 amendments to the Sign Code with Form B and updating of Land Use Tables" and add the date for the second public hearing, seconded by Commissioner Bannock MOTION AMENDMENT: Commissioner Bannock moved to amend Form B to eliminate the last sentence of (1) "no lighting is permitted" Commissioner McComsey asked if that meant you couldn't even shine alight on the sign or there can't be a light in the sign, answer no lights at all. Vice Chairman Bryson: I would say that this would address both an illuminated and an illuminating electric signs. Commissioner McComsey asked what happens if it ends up to be a big blinking neon sign. Commissioner Bannock answered that it can't be any larger than 32 sq. ft. You can have one that says open. There was no second to the motion - motion dies. MOTION AMENDMENT: Commissioner Brown moved to amend Form B by changing the size form 32 sq. ft. to 16 sq. ft., There was no second to the motion - motion dies. MOTION AMENDMENT: Commissioner Bannock moved to amend the motion by stating that "no internally illuminated sign is permitted" seconded by Commissioner McComsey Commissioner Bannock: This is opposed to a light shining on it. Vice Chairman Bryson asked for clarification. Commissioner Bannock: I have my sign in my yard and either I have lights on the ground shining up on it or I've got lights on the top shining down on it so people can see my sign at night. I think the golf course sign is lighted up with lights that are in the ground. I think what you people are afraid of is a Dairy Queen type of sign, right? The Commission agreed. So do we call that a self illuminated sign? VOTE AMENDMENT: Motion passes Commissioner Graveley - yes Commissioner Bannock - yes Commissioner Brown - no Vice Chair Bryson - yes Commissioner Glick - yes Commissioner McComsey - yes Commissioner Brown asked why the proposed recreation zone was listed on such large lots. Answer, most of the proposed recreational uses will be large and will require large tracts of land. Most of the lots that are zoned Suburban Residential, while on City water & sewer wouldn't fit on small lots. The 20,000 or 40,000 sq. ft. designations are DEC minimum regulations for well and septic systems. Commissioner McComsey asked about KENAI PLANNING & ZONING COMMISSION November 8, 1989 Page 5 ~ small parks such as the one on Fourth Avenue. Answer, they don't have a commercial enterprise such as a concession stand attached to it and small parks are allowed as a secondary use in residential zones. Vice Chair Bryson noted that this new zone is basically a commercial venture and will have an impact on the neighbors. This gives an advanced notice on the impact potential. VOTE MAIN MOTION: Motion passed unanimously by roll call vote 5. APPROVAL OF MINUTES of October 25, 1989 Minutes were approved as submitted. 6. OLD BUSINESS None 7. NEW BUSINESS a. Vacation: 10' Utility Easement, Lot 2, Misty Haven S/D - HUD Planning Specialist Loper reported that the staff recommends approval as the lots are served by City utilities. You will notice that the building encroaches into the easement but not the setback. There is a preliminary plat on file that develops the remainder of the property as a cul-de-sac type subdivision, however, the plat was never fled_ The utilities are set up that way. Commissioner Gravely informed the Commission that he had viewed the property and could find no problems. MOTION: Commissioner Glick moved to recommend approval of the proposed vacation, seconded by Commissioner McComsey. VOTE: Motion passed by Unanimous Consent b. Proposed Resolution to Assume Powers of Amending Land Use Plan This is the resolution discussed by Dick Troeger and is the enabling legislation that would allow the City to make appropriate amendments to the Land Use Plan portion of the Comprehensive Plan. The Borough has turned both the old and proposed Land Use Plan original mylar over to us. Right now if the Maguire rezoning application were approved, it will have to go on the Borough and they would hold a public hearing at the commission and Assembly level and then amend the map. If this ordinance were in place the procedure would stop with the Council. It will mean a little more cost in that we have no one on staff right now that can amend the mylar, however, the draftsman we contract with to do other maps can do ours at the same time. There are not that many rezonings right now or anticipated in the near future. KENAI PLANNING & ZONING COMMISSION November 8, 1989 Page 6 I Commissioner Brown asked if the new recreation zone would impact the Borough, answer only if it impacted Borough lands adjacent to City lands. Vice Chair Bryson stated that he could not remember and instance where the Borough had over-ridden the City's decision in a zoning matter. Answer there was one instance and that pertained to the two small parcels owned by Lowry near the four plex units adjacent to the now Mega Foods. Those were clearly spot zoning in two instances, one with enclosing an existing zone, and two, including the two lots, the acreage was under one acre. MOTION: Commissioner Bannock moved to set for public hearing, seconded by Commissioner Glick VOTE: Motion passed by Unanimous Consent Commissioner Bannock: This is something the Borough wants us to do? Answer yes, as Dick Troeger pointed out this evening, the Borough is in a posture to allow municipalities more power over their own affairs. c. Corps of Engineers Application for Placement of Buoy in Kenai River - Cool~nletProcessina Planning Specialist Loper passed out an amendment to the Corps application that was submitted by the applicants. Cook Inlet Processing representatives had contacted the Borough and City and found that the location they picked was already in an area of high concentration, and desire to move their proposed buoy locations further upstream or between 74 and 75 on the Borough/Malone map. MOTION: Commissioner McComsey moved to approve the amended application for mooring buoys in the mouth of the Kenai River, seconded by Commissioner Bannock VOTE: Commissioner Brown asked if the Harbor Commission had reviewed this, answer no, they will meet in another week. The Co~[rtnission desired the application be passed along to the Harbor Co~nission and the Borough. Motion passed by Unanimous Consent 8. PLANNING No reports and no questionnaires ready. A work session is scheduled for Wednesday, November 15th. 9. REPORTS a. City Council Councilman Smalley not in attendance. On the Maguire rezoning, Planning Specialist Loper reported that Council has decided to rescind their decision and reconsider the issue. The Dairy Queen lease was awarded to the Ischis. KENAI PLANNING & ZONING COMMISSION November 8, 1989 Page 7 ~ b. Borough Planning Vice Chairman Bryson reported that Mr. Wickersham, a planning consultant speak to the Commission. He puts on work shops for comprehensive planning. He has been very successful in getting smaller communities together when there are disputes without larger government such as the Borough getting into the situation. There was invocation of the noxious use ordinance regarding a dog kennel near Soldotna. The Borough staff had determined that there were two items of concern, one was the noise and the fecal contamination. DEC has now indicated that they are in compliance with the contamination aspect of it. It was denied. c. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. City Council Agenda - November 1, 1989 b. Borough Planning Agenda - November 6, 1989 c. Article from Computerland Magazine No comments or questions. 12. COMMISSION COMMENTS & QUESTIONS Commissioner Brown reported that he sent a congratulatory note to the Council for turning down the resolution that would support the Education Endowment program. Commissioner McComsey stated that he held a different opinion for the simple reason that the resolution would call for a vote of the people. The Commission further disucssed the issue. Commissioner Brown asked if any progress had been made on the street lighting issue, answer no. However, Public Works is working on an amended list and a copy will be sent to Commissioner Brown as soon as it becomes available. 13. ADJOURNMENT There being no further business, the meeting was adjourned at 8:58 P.M. Janet A. Loper Secretary to the Commission PLANNING & ZONING COMMISSION Roll call ~~ ~:/l~ /0/% ~~~a ve.~ ~ ~I ~1 Duane Bannock ~ ~I Dave Brown Vice Chair Phil Bryson C l Gli k T ar c ~~ ~~ Margaret 6'-R~H Ar ~ Council Represen ative Hal Smalle 0 DO ~~~