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HomeMy WebLinkAbout1990-04-25 P&Z Minutest 1 7 j KE NA = PLANN = NG S~ Z O N = NG COMM = S S = O N April 25, 1990 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Chairman AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS a. =-Resolution 90-8: Petition to Rezone those Properties Known as Kenai - Landfill from Rural Residential (RR) to Recreation (R) b.- Resolution 90-12: Encroachment Permit for Lot 12, Block 5, Redoubt `..Terrace S/D - Side Yard and Rear Yard Setback - HUD 5. APPROVAL OF MINUTES April ll, 1990 6. OLD BUSINESS. 7. NEW BUSINESS a. Tidelands Lease Application:. Tract C, Kenai Tidelands Survey No. 1 - Larry Powers b. Review in Old Towne: Remove Buildings for Reconstruction - Will Jahrig c. Preliminary Plat PZ90-9: Beaver Creek Estates d. Preliminary Plat PZ90-10: Baron Wood S/D #2 e. Preliminary Plat PZ90-11: Spur S/D #9 8. PLANNING a. Training Session for Commissioners 9. REPORTS a. City Council b. Borough Planning c. City Administration 1 ~f 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS a. City Council Agenda - April 18, 1990 b. Borough Planning Agenda - April 16, 1990 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT 2 KE NA = PLANN = NG £~ Z O N I NG COMM = S S = O N April 25, 1990 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Chairman 1. ROLL CALL Present: Bryson, Bannock, Graveley, Rehm, McComsey Absent: Glick, Harbaugh (excused) 2. APPROVAL OF AGENDA MOTION: Commissioner McComsey moved approval of the agenda as submitted, seconded by Commissioner Rehm VOTE: Motion passed by Unanimous Consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution 90-8: Petition to Rezone those Properties Known as Kenai Landfill from Rural Residential (RR) to Recreation (R) Chairman Bryson asked Mr. Dick Troeger, Borough Planning Director to come forward and speak to the issue. Planning Specialist Surrey reported that at the last Assembly meeting both items dealing with the landfill issue were tabled. Mr. Troeger: As you just informed, the Assembly tabled both issues, one dealt with the commercial lease of the property and the other item was that the Administration would operate a transfer site. I suspect that they will remain on the table until some other plan is brought forth. I also believe that some other plan will come forward from Administration. Considering that action by the Assembly, together with the memo from your attorney it would appear that it would be reasonable to clear the agenda at least on the rezone for commercial use. I'm not sure that I'm in the position to withdraw the request or if it is appropriate but at least I suggest to you that, from a planning standpoint it would be reasonable to consider that action to clear your agenda. It also appears, if I understand Mr. Roger's memorandum, that if the Borough were to operate a public transfer site that perhaps we do not need KENAI PLANNING & ZONING COMMISSION April 25, 1990 Page 2 to take any action. It would not need a rezone and it would not need a conditional use permit and I would need some clarification from you on that. Mr. Roger's memo states, "land on which the landfill is located is zoned Rural Residential because the landfill is currently owned by the Borough it is exempt from the Kenai zoning provisions of KMC Title 14. So we are exempt for the landfill it would appear to me that we are exempt from operating a transfer site. However, I would have to leave that up to the City on how we would proceed. In any event it appears the commercial site is being tabled and with no date to bring it back you might consider clearing that from your agenda. Commissioner McComsey asked about the Recreation zone being appropriate for a commercial operation. Planning Specialist Sumey answered that the zone combines two uses, residential and low-impact commercial. You can charge for a service in both zones, however when you consider the future development, the Recreational would be more suitable as opposed to either commercial or residential. Commissioner McComsey asked if a recycling plant as a private enterprise wouldn't it be higher activity. Chairman Bryson stated that the memo itself was initiated by a very general hypothetical situation. Mr. Troeger is requesting that we take action on the item. I personally don't have any problem with that. Commissioner McComsey agreed, just that the recreational aspect wouldn't go along with commercial. Chairman Bryson stated that perhaps it would need to go back to administration. Mr. Troeger stated that at the beginning there were discussions with the City about a commercial operation at that site and at that time we were not aware that you had a new recreation zone so we felt we would have to get a rezone to put some type of commercial activity there. The Recreation zone appeared to be the most compatible with future use. However, it still appears that the zone would require a conditional use permit to operate a commercial business. We would like to change the zone so that we wouldn't have to acquire a conditional use permit. Personally, from a planning standpoint a conditional use permit is more suitable no matter what zone it is. If the zone would allow such a permit. I do not believe a transfer site, if it should be put in by the Borough, would be there for some time. The Borough is still in the process of developing a solid waste long range plan and in connection with that some permanent sites will probably be identified and whether one stays at that site is unknown. If it should be a temporary solution fora year or two, again the conditional use permit would seem to be the most feasible. If that. should come about we need to apply for one soon. The conditions placed could be on a yearly renewable basis so you would still maintain control. I do not like rezones unless it really fits in with your Land Use Plan. Long range planning is certainly why you're here. The issue is far from being settled at the Borough level. Chairman Bryson called for comments from the public, there were none. Chairman Bryson returned the issue to the Commission for comments. I~ENAI PLANNING & ZONING COMMISSION April 25, 1990 Page 3 MOTION: Commissioner McComsey moved to remove the item from the table, seconded by Commissioner Bannock VOTE: Councilman Smalley stated that the Council would prefer that this body table this issue until the Assembly has dealt with it. The Council is aware of the difficulty out there and obviously is working with the Borough, however, it is perceived by Council that it is more of a Borough problem than it is a City problem. We would like to see some type of resolution come from the Borough before we take action on it. Commissioner McComsey asked if the rezoning was just that and does not approve a transfer site. Chairman Bryson stated that in Borough discussions were that the proposed zone would be appropriate for a conditional use. Commissioner Rehm asked about the length of time for a permit, answer indefinite unless specified. Planning Specialist Sumey explained the Recreation zone, that for example a ballfield would have accompanying concessions, a fishing guide operation might have a bait shop, etc. So the possibility of a commercial mix is there. Commissioner Rehm asked if it would be possible to issue a specific conditional use permit. Chairman Bryson answered yes, it is specific to the activity but they haven't asked for one. Commissioner Rehm stated that this would prohibit them from, for example opening up a grocery at the site. Councilman Smalley: When legal counsel talked to the Council, it was our understanding that the Borough could go in there and open a transfer site as it presently stands and be responsible for hauling the refuse to Soldotna. By taking action at this level, it potentially opens the door for a conditional use permit to come in for private entities to be able to operate either for free or a fee type situation. The fee situation is what the City is opposed to. By creating the opportunity by rezoning it, then Council feels we're taking action we want to hold off on until we get some type of action from the Borough Assembly. Motion failed unanimously by roll call vote By failing the motion to remove from the table, the intent of the Commission was to allow the resolution to remain tabled indefinitely. 4-b. Resolution 90-12: Encroachment Permit for Lot 12, Block 5, Redoubt Terrace S/D - Side Yard and Rear Yard Setback - HUD Planning Specialist Sumey explained that there are two additional items passed out this evening. One is a letter protesting the granting of the permit, another is photographs of the property taken this afternoon by the Building Official. What the Building Official found was that the building is a story-and-a-half as opposed to a two-story due to the lower half of the building being a daylight basement. Also included in the material is a copy of the building permit issued in 1977 for the original structure indicating that the setback was to be 5'. The photographs also indicate that the carport is several feet into the utility easement at the rear, according to the placement of the utility KENAI PLANNING & ZONING COMMISSION April 25, 1990 Page 4 pedestal at the rear of the lot. The Commission agreed not to deal with the carport issue, but to recommend that the applicant proceed through the Borough with appropriate action and a separate review would be held by the Commission. The Commission agreed that the best way to handle the resolution was to defeat it since no encroachment exits based on investigation handled this afternoon. Building Official Hackney came forward and confirmed the information, stating that upon walking the property he was unable to find a survey stake, however, it would appear that the carport is 4.9' from the side lot line which makes it encroaching by about 1/2". However the carport is an accessory building. MOTION: Commissioner McComsey moved approval of PZ90-12, seconded by Commissioner Rehm VOTE: Motion failed unanimously by roll call vote Finding of fact for the defeat is that, based upon on-site investigation and the information provided on the building permit, the structure is single story and does not violate the setback. The representative of the owner indicated that he has already applied for the vacation of the easement. 5. APPROVAL OF MINUTES April 11, 1990 MOTION: Commissioner McComsey moved approval of the minutes as submitted, seconded by Commissioner Bannock VOTE: Motion passed by Unanimous Consent 6. OLD BUSINESS None 7. NEW BUSINESS a. Tidelands Lease Application: Tract C, Kenai Tidelands Survey No. 1 - Larrv Powers Administrative Assistant Howard explained that she had received preliminary plans from Mr. Kluge today showing what Mr. Powers intends to build plus a copy of the Corps of Engineers application. Administration has no problem with the application, but before a lease is entered into we would like to see the drawings signed by the engineer and a copy of the Corps permit for this project. 'CZENAI~PLANNING & ZONING COMMISSION April 25, 1990 Page 5 ,~ City Engineer LaShot brought forward blue line plans for the dock area. The plans are marked preliminary, however, we expect to have them signed before a lease would be entered into. There are a couple of small differences between the plans and the Corps permit, and Mr. Powers will take care of that through an amendment to the Corps permit. Chairman Bryson asked if the comments from the memo are part of the staff report. Administrative Assistant Howard answered that the Council had discussed it and there are some things that need to be done. When Mr. Powers had applied previously, part of the condition of that lease was that he provide a Corps permit and that was the recommendation of the Harbor Commission and Administration. Chairman Bryson asked if the length of the penetration of the tidelands, if itself is in conformance of what the Harbor Commission wanted to limit it to. Administrative Assistant Howard answered that they had no problem with the first applicator. We had the property surveyed and this will go to the Harbor Commission on April 7th. MOTION: Commissioner McComsey moved approval of the tidelands lease application with the exceptions that administration brought forward, that the plans would be drawn and be stamped by an engineer and a copy of the Corps permit be included and that the Commission finds the use is in conformance with the zoning „ seconded by Commissioner Gravely Commissioner Bannock asked questions regarding the portion of the lease to be approved and the questions were answered. VOTE: Motion passed by Unanimous Consent 7-b. Review in Old Towne: Remove Buildings for Reconstruction - Will Jahrig Mr. Jahrig was not in attendance. Planning Specialist Sumey explained the project stating that in order to protect the integrity of the Townsite Historic Zone everything done must have a review. Mr. Jahrig plans to removed the existing dome buildings which lie on the bluff in Old Towne and replace them with a wooden structure which will be determined at a later date. The first step in the project, however, is to remove the buildings. It was further explained that money has come available from the Historic Society and Mr. Jahrig may be applying for some of those dollars. MOTION: Commissioner Gravely moved that the Commission finds the proposed removal of two domed buildings from the described property lying within the Townsite Historic Zone would be within the guidelines of the zone, seconded by Commissioner McComsey KENAI PLANNING & ZONING COMMISSION April 25, 1990 Page 6 VOTE: Motion passed by Unanimous Consent 7-c. Preliminary Plat PZ90-9: Beaver Creek Estates Planning Specialist Sumey explained that this is property adjacent to Beaver Creek and the proposed Foster RV park project and is the site formerly owned by Mr. Phil Ames. The lots fall within the bounds of the zoning code and Borough Subdivision Ordinance. MOTION: Commissioner McComsey moved approval of PZ90-9, seconded.by Commissioner Gravely VOTE: Motion passed by Unanimous Consent 7-d. Preliminary Plat PZ90-10: Baron Wood S/D #2 Planning Specialist Sumey explained that this is part of a parent subdivision plat seen by the Commission a few years ago and part of it lies within the graveled area owned by Mr. Fredrickson. The lots have been subdivided to create larger lots. MOTION: Commissioner McComsey moved approval of PZ90-10, seconded by Commissioner Rehm VOTE: Motion passed by Unanimous Consent 7-e. Preliminary Plat PZ90-11: Spur S/D #9 Planning Specialist Sumey explained that this is the site of the Kenai Senior Center and that the plat allows for the proposed expansion of the dining facilities. MOTION: Commissioner McComsey moved approval of PZ90-11, seconded by Commissioner Gravely VOTE: Motion passed by Unanimous Consent 8. PLANNING a. Training Session for Commissioners The Commission unanimously agreed that it would be a good idea and would plan to attend, however, asked the secretary to remind them nearer to the date. iCENAI'"PLANNING & ZONING COMMISSION April 25, 1990 t Page 7 9. REPORTS a. City Council Councilman Smalley not in attendance at this time. b. Borough Planning Chairman Bryson reported on a proposed ordinance regulating the use of easements and was initiated by the utility companies. Chairman Bryson voiced concern over the verbiage presented by the legal staff of the utility companies which laid responsibility for any encroachments onto the property owner. Chairman Bryson will keep the Commission informed as the ordinance progresses. c. City Administration The Commission was informed of the resignation of Planning Specialist Sumey and the proposed restructuring of the Planning Staff. A list of contact persons will be sent out to the Commission as soon as the positions are settled. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. City Council Agenda - April 18, 1990 b. Borough Planning Agenda - April 16, 1990 No comments or questions 12. COMMISSION COMMENTS & QUESTIONS None 13. ADJOURNMENT There being no further business, the meeting was adjourned at 8:00 P.M. The Commission and Council moved into a work session regarding encroachments. Janet A. Sumey Transcribing Secretary ~ ~ KE NA I PLANN = NG ~ Z ON = NG COMM 2 S S = ON April 25, 1990 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Chairman AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS a. Resolution 90-8: Petition to Rezone those Properties Known as Kenai Landfill from Rural Residential (RR) to Recreation {R) ); ~ b. Resolution 90-12: Encroachment Permit for Lot 12, Block 5, Redoubt '-' Terrace S/D - Side Yard and Rear Yard Setback - HUD 5. APPROVAL OF MINUTES April 11, 1990 6. OLD BUSINESS 7. NEW BUSINESS a. Tidelands Lease Application: Tract C, Kenai Tidelands Survey No. 1 - Larry Powers b. Review in Old Towne: Remove Buildings for Reconstruction - Will Jahrig c. Preliminary Plat PZ90-9: Beaver Creek Estates d. Preliminary Plat PZ90-10: Baron Wood S/D #2 e. Preliminary Plat PZ90-11: Spur S/D #9 8. PLANNING a. Training Session for Commissioners 9. REPORTS a. City Council b. Borough Planning c. City Administration 1 10. 11. 12. 13. PERSONS PRESENT NOT SCHEDULED TO BE HEARD INFORMATION ITEMS a. City Council Agenda - April 18, 1990 b. Borough Planning Agenda - April 16, 1990 COMMISSION COMMENTS & QUESTIONS ADJOURNMENT 2 t ~