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HomeMy WebLinkAbout1989-12-13 P&Z MinutesKE NA = P LANN = NG ~ Z ON = NG COMM = S S = ON December 13, 1989 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Vice Chairman AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS a. Resolution 89-17: Assume Powers of Amending Land Use Plan 5. APPROVAL OF MINUTES of November 8, 1989 6. OLD BUSINESS 7. NEW BUSINESS a. Proposed Beaver Loop Boat Launch Ramp and Parking Facility b. Vacation: 10' Utility Easement - Lot 2, Blk 2, Sungate Park S/D - H.U.D. c. Vacation: 10' Utility Easement - Lot 12, Blk 2, Thompson Park S/D A.H.F.C. d. Corps of Engineers Application: Sec. 15, T6N, R11W, S.M. - F.A.A. Fill Material for Facility Pad 8. PLANNING 9. REPORTS a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDDLED TO BE HEARD 11. INFORMATION ITEMS a. City Council Agenda - November 21 & December 6, 1989 b. Borough Planning Agenda - November 20 & December 4, 1989 c. Resource Review d. DCRA Southcentral Reporter 12. COMMISSION COMMENTS & QUESTIONS ~ 13. ADJOURNMENT r t KE NA = PLANN = NG ~ Z ON = NG COMM = S S = O N December 13, 1989 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Vice Chairman Note: Items with a * are requested additions to the agenda. 1. ROLL CALL Present: Bryson, Bannock, Glick, Graveley, McComsey Absent: Brown, Gilman (excused) Also Present: Councilman Smalley 2. APPROVAL OF AGENDA There were two additions to the agenda, 3-a and 7-e. MOTION: Commissioner Glick moved approval of the amended agenda, seconded by Commissioner Graveley ~ VOTE: Motion passed by Unanimous Consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. *Reauest for Release of Land: Lot 6, Blk 4, Fidalao Commercial Center Administrative Assistant Howard introduced the item by explaining that the parcel is located behind Dr. McCartan's office. In looking through files and ordinances nothing appears to state that it is required for public purpose and therefore would like recommendations to present to Council that it is not required for public purposes. Vice Chair Bryson: Kim had previously explained that this parcel had been sold. Administrative Assistant Howard: It had been sold previously to Peninsula Savings & Loan and then when they went under the City foreclosed on them. This is kind of a housekeeping matter. MOTION: Commissioner Glick moved that Lot 6, Block 4, Fidalgo Commercial Center is no needed for public purposes, subject to approval from the Parks & Recreation Commission, seconded by Commissioner Graveley VOTE: Motion passed unanimously by roll call vote ~ NOTE: Because there were no other persons present, item 7-e was moved to this position. Kenai Planning & Zoning Commission December 13, 1989 Page 2 e. *Home Occupation: Govt Lot 124, Sec. 31 (Birch & 2nd) - Christian Videos - Jim & Carol Fraser Carol Fraser came forward to described the business. She explained that she had no intent to operate any other type of business and that only the Christian videos would be rented. Vice Chair Bryson described the location, stated that Second Street is gravel with three houses facing onto it. The Fraser home is the old Lofstedt homestead, then there is a gulley and is close to the newly paved road by the airport. Councilman Smalley: Can you get to your house from Float Plane Road, answer yes. I will be drawing a map on my advertising. Vice Chair Bryson asked for an estimate of the number of customers she is anticipating, answer, it is unknown. Vice Chair Bryson asked for an estimate of inventory, answer $200 to $300 to begin with. Planning Specialist Loper pointed out the drawing of the home, noted that the space to be used is far less than 30~, and asked Mrs. Fraser to further describe the portions of the home that are to be used, answer, the china cabinet and sometimes, some extras in a bookcase for storage. Councilman Smalley asked if there would be other Christian materials such as books or cards, answer no, perhaps some audio tapes later geared for churches. Councilman Smalley asked about advertising. Mrs: Fraser answered that it would be handouts and bulletin boards at churches, etc. No advertising through radio or newspaper. Councilman Smalley: I meant like signs, answer in the churches. Vice Chair Bryson: Are you anticipating any modifications to your parking arrangements. Right now you have a one lane driveway. Mrs. Fraser answered that there is actually a loop from Second Street to the paved street. Commissioner Graveley asked if she would be placing signs out along roadways, answer only on her sliding glass door. Commissioner McComsey: Is this a use that is allowed by the code. Planning Specialist Loper: It is not addressed at all, however, because of the unique character and it is not anticipated that a great amount of traffic would be generated, I brought it to you for your decision. Also, being in the location it is, it certainly wouldn't be noticed by anyone. Vice Chair Bryson: I would imagine they're the only people that use the street in the area. MOTION: Commissioner McComsey moved for approval of the described home occupation, seconded by Commissioner Glick VOTE: Motion passed unanimously by roll call vote Kenai Planning & Zoning Commission December 13, 1989 Page 3 4. PUBLIC HEARINGS a. Resolution 89-17: Assume Powers of Amending Land Use Plan Planning Specialist Loper explained that this had been discussed earlier with Mrs. Spearow and Mr. Traeger from the Borough and also without public hearing at the last meeting. This would save the taxpayer one additional step in the rezoning process, our cost in advertising one additional time since we pay for the Borough advertising as well, plus it would not cost the City any additional money to speak of. Right now our zoning map is updated one a year, if that, and it is worked in with work done by the Public Works Department at a very minimal cost. Addition amendments to the Land Use Plan map would not cost any more. Further, the Borough is working on getting Kenai maps into the new computer system so they may be doing our maps anyway in the future. Vice Chair Bryson called for comments from the public, there were none. MOTION: Commissioner McComsey moved approval of Resolution PZ89-17, seconded by Commissioner Bannock VOTE: Motion passed unanimously by roll call vote 5. APPROVAL OF MINUTES of November 8, 1989 The minutes were approved as submitted 6. OLD BUSINESS None 7. NEW BUSINESS a. Proposed Beaver Loo Boat Launch Ramp and Parking Facility MOTION: Commissioner Bannock moved that we approve and recommend the proposed Beaver Loop Launch and Boat Ramp with both ramps and option #2, seconded by Commissioner Graveley. Commissioner Glick: I picked option #2 because I think it would be cleaner to keep the parking away from the launch area. I've been around these areas where they launch boats and there's always the guy that's coming out and trying to put his trailer in and one waiting to launch, and I liked it being separated this way. The aesthetics are better. Also, I think it would be good to go with both launches at the same time. I think we're going to find enough business right off the bat, as soon as it opens to have both launches in operation. Commissioner Graveley agreed. Vice Chair Bryson: Not being that familiar with the terrain, it appears that option #2 would have less impact on the wetlands which obviously are going to be a problem especially if the Corps holds to "no net change" in Kenai Planning & Zoning Commission December 13, 1989 Page 4 wetlands requirements. Commissioner McComsey: I like option #1. I hear what you're saying though and I think both options should be presented to the Corps . I do think both ramps should be included in the proposal. Councilman Smalley informed the Commission that both options will be presented to the Corps. Commissioner McComsey: I would think that in a year or two they're going to have to ask for the other option anyway, I think they're going to be that busy and that's the reason I'd go for #1, because I think they're going to have to add #2 within a year's time anyway. Especially if the Foster Brothers build that trailer park this year, this won't be half big enough for just what they're going to bring in. Either option that we pick I think we should recommend putting in both boat ramps. Vice Chair Bryson: The parking between the two options appears to be equivalent. Commissioner McComsey: With option #1, if you do need more parking you can do option #2 without any bother. If you do option #2 first, and you have to build again, then you're going to be in the boat launch area working while they're trying to launch their boats. Commissioner Glick: You'd be working off the right hand side there if you were expanding it. I think as far as getting the permit, its going to be hard to go in with both options and say which are you going to allow us a permit for. The Corps is going to say which one. Commissioner McComsey: The ground down there though is about the same height, and all green swampy grass except for the ditch. Commissioner Bannock: I like option #1, I do believe we need two boat launches. The reason I like number one for the parking part of it is for the simple lazy aspect is that with option #2 you've got to walk farther. If I were to present something to the Corps, I would incorporate both of them showing option #2 as an as-needed thing as we outgrow 74 cars in option #1. When you park at an airport in long term or overflow parking it is farthest away. Let's try to make it as convenient as possible with option #1. I've been to Riverbend campground in Soldotna during the summer and they had as many cars there as they did at the mall. I don't think it would be obscene to say we could probably outgrow 74 units without a lot of trouble. Both options start with 74, Commissioner McComsey: I know just going down to the dock area now when its dipnetting season, as big as it is you can't get near it. Councilman Smalley: Its a three hour wait to get off the water. The most expensive landfill is going to be option #1. I think its going to be least expensive because its higher ground. From these figures submitted to us, I am assuming they're talking about the excavation of the gravel backfill so we're looking at option #l. The prices for option #2 were higher. Wouldn't you think so. Its much wetter. The pictures that are coming down to you are from the appraisal. Commissioner Graveley: Is it my understanding then that the permit covers j the whole area. If they approve the whole area then I don't see any problem down the road, if we go with option #2 to start with, coming back in next year after the heavy season is over, finishing option #1 depending on the impact. Kenai Planning & Zoning Commission December 13, 1989 Page 5 Commissioner Bannock: I wouldn't disagree with that at all except that I would do it just the opposite pattern starting with option #1. You can work on option #1 while constructing option #2, but try as you may if you try to build option #1 after you have option #2 there is going to be equipment in the way. Commissioner McComsey: It says right here that option #1 would be the most desirable for convenience to the user and slightly lower cost. Councilman Smalley: Maybe its lower cost because of the value of the property. Vice Chair Bryson: It would appear that from the center of that parking area to where the boat ramps are themselves is about 500', if that is to scale. Although that wouldn't bother me, not everyone would appreciate that kind of walk. Councilman Smalley: I know that it was expressed that the reason option #1 might not be available was because of the permitting and if that were not to be available then #2 is better. And I think that had part to do with it. Commissioner McComsey: Either one we need and I'm sure that 74 parking spaces are not going to be enough. And they're going to have to look for some way to enlarge it in the future. I can't see that if this river goes eventually to drift, which I kind of think it will in five years, then this is where they're going to be taking the boats out. I think the DNR is, hopefully, pushing as hard as the City so that they can continue to push for drift only on the river. Commissioner Gravely: The bottom line is we're going to support the boat launch facility and what it comes down to is which option do we want to support. Vice Chair Bryson: You might want to rephrase the motion to recommend the placement of the boat launch facility in this area and might have a preferred option to actual construction, but willing to accept either one. Commissioner Bannock: Given a choice I would go with option 1, but not to the extent it might delay construction. Vice Chair Bryson: I believe that either option has that built into it, the expansion of two boat launches. Commissioner Glick: I've been around these boat launches, whether its Homer or Seward or the river and its always crowded and jammed because the guys are always trying to park as close to the ramp as they can get and it makes a hard problem for the rest of the people trying to get in and out and if you have a specific parking area away from the launch it cleans the area up for the traffic movement. Commissioner McComsey: We need a policeman there to keep them going then. Of course these are the guys that go down to the gym to run a mile and a half but then they'll park right next to the door. Commissioner Graveley: That's my concern with option #1 because you're parking so close to the ramps. People are people, if they get this close they're going to get closer. Once you fill this lot up they're going to get closer yet and they're going to get irritated because they can't get their boat in or out of the water. Kenai Planning & Zoning Commission December 13, 1989 Page 6 Commissioner Bannock: Is this going to be a controlled situation. Councilman Smalley: It is intended to be controlled. Commissioner Glick: Does the City intend to set up a fee. Councilman Smalley: There has been much discussion on that about turning it over to a concessionaire, but it is still in the planning process. Commissioner Bannock: If I have a choice I would like option #1 but I don't want that to stand in the way of getting this project going. The Commission agreed. VOTE: Motion passed unanimously by roll call vote b. Vacation: 10' Utility Easement - Lot 2, Blk 2, Sungate Park S/D - H.U.D. Planning Specialist Loper reported that staff had no problem with this as there probably was no need for the easement. Vice Chair Bryson: At the last Borough meeting, the owner of lot 4, Al Poore, indicated he had no problem with it is as long as there was no encroachment more than the 10' that the easement required on his own property, if it were vacated. Right now there is 10' on each side of the lot line. Only the portion on lot 2 is being vacated. Commissioner Bannock: We've seen an awful lot of these lately, is this because the lines get changed or people aren't paying attention when they're building, or what. Planning Specialist Loper: More than likely the latter. Vice Chair Bryson: I would suspect a lack of respect for easement lines, lack of requirement for surveying prior to construction of the foundation. Commissioner Bannock: But aren't those things supposed to be in order to get a building permit. Vice Chair Bryson: No, there's no requirement for lot corners fora building permit. Planning Specialist Loper: Howard does not go out and step off the property when he inspects. Vice Chair Bryson: Those building permits are quite often issued prior to clearing so he wouldn't be able to tell any more than you would where the property line is. Planning Specialist Loper: It really is the responsibility of the surveyor or contractor or whoever is doing the construction. Commissioner McComsey: Then we shouldn't approve these. Then they would start looking before they build. Vice Chair Bryson: We proposed that once from the Commission level and Council wasn't prepared to force the contractors to have corners actually staked because of the actual expense to the property owner. Planning Specialist Loper: That is where our encroachment permit came from. Commissioner Bannock: But there are so many of them. Vice Chair Bryson: In reality its not, because in reality the work has to be done either before or at the time of the as-built or in the case of some encroachment some penalty assessed for the processing of the encroachment which the Council decided not to do. Planning Specialist Loper: The Commission had discussed $500 to begin with. Councilman Smalley: It went all the way down to $100 didn't it. Planning Kenai Planning & Zoning Commission December 13, 1989 Page 7 Specialist Loper: Yes, and that just covers the cost of the public hearing notice and the 300' notices. Vice Chair Bryson: And the intent of that was just to get the darned thing surveyed. Commissioner Glick: You can get it surveyed for less than 200' when you're talking about a lot in the City. Planning Specialist Loper: You will notice that the ones that have been coming to us are not from private property owners but from banks. Commissioner Glick: Right, its when you go to sell your property is when it shows up. Commissioner Glick: On the part about the 1/3 rear lot coverage, it looks like they're in violation of that too. Commissioner McComsey: The driveway doesn't even go to the garage so its probably not a garage, and its bigger than the house. Commissioner McComsey: If we take away the easement from this one we should take it away from lot 4 too. Commissioner Glick: And one and three. Vice Chair Bryson: It would appear, just from the dating of sketch here, 1986, that the survey declared that no encroachment exists except as indicated and it shows the encroachment so whomever the lending agency was, they were made aware of it and they didn't care. Commissioner McComsey: It doesn't look like any utilities are going down through there. Planning Specialist Loper: It doesn't say anything. We got the Borough minutes on the Thompson Park vacation but not on this one. Vice Chair Bryson: The intent of these easements are. for minor, shallower utilities. Commissioner Bannock: I think it i`s rather careless, you've got a problem, okay, we'll stroke it off. Commissioner Glick: I don't have a problem with vacating easements if they're not needed, but when they come back after they've built something on it that bothers me. Councilman Smalley: I know that there is a note that if there were utilities to come in to lot 4 they could come off Tern, if he were to divide his property, he wouldn't have access to one of his lots. Depending upon how it is subdivided. Just because one of the lenders wants to unload one of its repos, its not fair to the adjacent land owners. Commissioner Bannock: That's exactly what this is. Vice Chair Bryson: The side setback for those lots is 5' and I'm thinking about the impact of that garage on lot 4. Commissioner McComsey: I feel they should come in and get an encroachment permit. MOTION: Commissioner McComsey moved to require the owners of lot 2, Blk 2, Sungate S/D apply for an encroachment permit, seconded by Commissioner Glick. VOTE: Motion passed Commissioner Graveley - yes Vice Chair Bryson - no Commissioner Bannock - no Commissioner Glick - yes Commissioner McComsey - yes Kenai Planning & Zoning Commission December 13, 1989 Page 8 c. Vacation: 10' Utility Easement - Lot 12, Blk 2, Thompson Park S/D A.H.F.C. Planning Specialist Loper indicated the addition of the Borough minutes on this item. MOTION: Commissioner McComsey moved to recommend approval of the vacation of the 10' utility easement for Thompson Park, seconded by Commissioner Glick VOTE: Motion failed unanimously by roll call vote d. Corps of Engineers Application: Sec. 15, T6N, R11W, S.M. - F.A.A. Fill Material for Facility Pad Commissioner McComsey stated that this should be done and supports it. MOTION: Commissioner McComsey moved to state that the Commission makes a statement of non-objection to the project, seconded by Commissioner Graveley VOTE: Motion passed unanimously by roll call vote I 8. PLANNING None 9. REPORTS a. City Council Councilman Smalley reported on the November 21st meeting including the Dairy Queen situation and the RIP program. On the December 6th meeting, the Maguire rezoning which passed, and discussed the Comprehensive Plan in regard to the Spur Highway corridor. The Council discussed the sign portion of the new recreation zone at length and concluded by returning the issue to the Commission. The Commission discussed the sign issue and decided to hold any action on it until spring. b. Borough Planning Vice Chair Bryson reported on the Borough Planning Commission activities. c. City Administration None ~ 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None Kenai Planning & Zoning Commission December 13, 1989 Page 9 11. INFORMATION ITEMS a. City Council Agenda - November 21 & December 6, 1989 b. Borough Planning Agenda - November 20 & December 4, 1989 c. Resource Review d. DCRA Southcentral Reporter e. *Portions of minutes from City Council meetings, November 21 & December 6, 1989 12. COMMISSION COMMENTS & QUESTIONS None 13. ADJOURNMENT There being no further business, the meeting was adjourned at 8:27 P.M. Janet A. Loper Secretary to the Commission KENAI PLANNING & ZONING COMMISSION Roll Call J~ ~ ~~~ ~`~ %/~ J 1 a N ~ ~,,,~- ~ I ~ ,J n~ ~ ~~ ^9v ,~, - - rn~ ~I ~ a ~I N J ~ ~ ~ ~ TO DO k5~r~' DATE: 6UC~f~i • l.~i ~ ~~/ ~~ ~ ~; ;~