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HomeMy WebLinkAbout1990-08-08 P&Z Minutes~~ KENAI PLANNING ~ ZONING COMMISSION August 8, 1990 - 7:00 P.M. City Hall Council Chambers Phil Bryson. Chairman 1. ROLL CALL Present: Bryson, Bannock, Glick, McComsey, Graveley Absent: Rehm (excused) 2. APPROVAL OF AGENDA MOTION: Commissioner McComsey moved for approval of the agenda. Commissioner Bannock seconded. VOTE: Motion passed by Unanimous Consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS c. Application for Conditional Use Permit to Extract Surface Minerals - Michael J. Pelch -Chairman Brysan - introduced Michael Pelch's application stating that the legal description of the proposed area was SE 1/2, NE 1/4, SE, 1/4 Section 2, R11W, T5W S.M. between Beaverloop and Ames Road. He then asked for public testimony. -Nick Miller - 609 Ames St., felt that no plan had been submitted with his public notice and he didn't have enough information about the proposed gravel pit. He said there was already a gravel pit on Beaver Loop and that he owns two pieces of property in that area that are losing value rapidly. -Bab Cude - 505 Ames, felt there was no need for another gravel pit in the community. He felt that a gravel pit would scar the land and destroy local animal habitat. He was concerned that increased truck traffic would jeoradize school children. Mr. Cude noted that he had health problems which would be aggravated by the dust from the gravel pit. He also worried about losing his well, and lower property values. Planning & Zoning Commission August 8, 1990 Page 2 -Commissioner Bannock asked Mr. Cude where his property was in relation to the proposed gravel pit. -Cude pointed out that he was on the northeast corner of the proposed site. He explained that there was already a truck traffic problem on Ames. He has had his windshield chipped and was concerned about school children waiting for the bus. He said that the Commissioners wouldn't want a pit across from their residences and neither did he. -Michael Pelch - applicant, said he appreciated the concerns of the speakers but had own the proposed site for 38 years and had tried to develop it for a long time. He stated that this was not a "fly by night" decision, but one he had contemplated for a long while. He said that his intentions were to extract the gravel and then to donate the land to the City of Kenai for a ball field. He has had several local residents make this suggestion and felt that it would be in the best interest of local children. He further stated that he has had several requests for gravel for local construction projects. Foster's pit is almost exhausted, and that area on Beaver Loop provides the best gravel source for the City of Kenai. Mr. Pelch said that the area he would use to exit the pit would be on Beaver Loop and no exit would be on Ames, this should help alleviate any truck traffic problem. -Commissioner Bannock asked where that exit on Beaver Loop would be. -Pelch replied that he would be using Foster's existing exit. -Commissioner Bannock asked if that was the West corner of the proposed property site. -Commissioner Bryson said that exit fronted Beaver Loop west of Ames. -Commissioner Glick expressed concern that the application showed no intent of a buffer strip on the property. 1 Planning & Zoning Commission August 8, 1990 Page 3 -Pelch stated that he felt a buffer strip wasn't needed, because if he built a ballfield there would need to be a parking area around the property where people could sit in their vehicles and view the games. -Commissioner McComsey asked if the City would have to back fill the area for the proposed ball park. -Pelch said that approximately two feet of the dirt there presently would be filled back into the hole and the area left level for the City. -Commissioner Bannock proposed that the site plan be more detailed, as to what is existing and what the proposed use would be. He wondered if a buffer could be left until the gravel extraction was completed. -Pelch explained that there was a 50 ft. telephone easement on the property, on the right side of Ames road. If he had to have a buffer zone it would not leave enough area to provide a ballfield. -Commissioner Bannock asked what the Code was for a buffer zone. -Commissioner Bryson asked Jack La Shot to explain that Code later in the meeting. -Dixie Cude - 505 Ames, said that the existing 50 ft. easement had very few trees on it. It was mostly dirt paths and trails. She expressed concern about having to dig a deeper well for her home and felt that she should be compensated if a deeper well needed to be dug, due to a drop in the water table. She felt that the community didn't need any more ballfields or gravel pits. -Bob Cude - 505 Ames, expressed further concerns that no plan had been put forth by Mr. Pelch and he felt that the plans needed to be put into writing. He said that his house literally rattles from the existing pit and he felt these pits might fall under the Borough's Noxious, Injurious and Hazardous Code. -Nick Miller said the existing property was not large enough to provide a 150 ft, buffer strip and leave room for gravel excavation. He had seen past problems with developments starting with a buffer strip and that strip disappearing as the project progressed. He wondered why other portions of the Pelch property could not be used far the gravel pit which wouldn't effect neighboring properties so severely. Planning & Zoning Commission August 8, 1990 Page 4 -Commissioner Bryson asked if there was any further public testimony and then asked for a staff report from Jack La Shot, City Engineer. -La Shot explained that the code for Public Hearings requires that a notice be sent to all people within a 300 foot radius of proposed site of permit along with a map and description of the property. The complete application was not mailed and perhaps not enough information had been sent to local property owners. La Shot read a section of the Planning and Zoning Code 14.20.154 Issuance of Permits (2) The boundaries of the proposed excavation at its greatest dimensions, including back slopes, are at least 200 feet from any road or public right-of-way and at least 150 feet from other surrounding property lines. La Shot also referred to the comments he had made in his memo to the Commission dated July 19, 1990, concerning access points to the proposed gravel pit. He felt that Mr. Pelch had addressed these concerns adequately. As for the long term development of a ballfield he felt that the City should be cautious about accepting future plans for a ballfield. It could be quite some time before that site could be used for that purpose and the City's needs might change considerably before that time. -Commissioner Bannock asked if there needed to be a 150 ft. easement from any property line? He asked what would happen if Pelch decided to attach his pit to the existing pit. -La Shot said that the ordinance would still stand. -Commissioner Bryson asked if the liability of the property would fall an the City of Renai if the City accepted the proposed use? -La Shot said that was a possibility and recommended that the City not accept the land until the gravel extraction was completed. -Commissioner McComsey asked how the hole would be filled in, if only a few feet of top soil was reserved for that purpose. -La Shot explained that Mr. Pelch's intent was to build ball fields in the hole after extraction of gravel was completed. -Commissioner Graveley asked if current zoning was RR Rural Residential in that area? Planning & Zoning Commission August 8, 1990 Page 5 -La Shot answered, "Yes". He than recommended that the planning staff could run the Public Hearing Notice again, this time including complete application. La Shot said he would help Mr. Pelch prepare a more detailed plan to present to the Commission and interested citizens. -Commissioner McComsey said he would like to have another public hearing, and would like to see a plan to include a buffer for the proposed gravel pit. MOTION: McComsey moved to continue public hearing at the next scheduled meeting. Glick seconded. VOTE: Motion passed by roll call vote. -Commissioner Graveley mentioned that he would like included on j the site plan, the total depth of proposed pit, and any water table level figures currently available. 5. APPROVAL OF MINUTES - July 25, 1990 Commissioner Bryson - asked for changes to 9b. Borough Planning report: 1) Paragraph 1. changed to: The Borough continues to mediate this issue between the Russian villagers and other users. 2) Paragraph 2. changed to: He also reported that the Proposed Septage Disposal Facility had been determined to fall within the Borough's Noxious, Injurious and Hazardous Ordinance. MOTION: Commissioner McComsey moved approval of the minutes with changes, seconded by Commissioner Glick. VOTE: Motion passed by Unanimous Consent. 6 OLD BUSINESS None 7. NEW BUSINESS None 8. PLANNING None Planning & Zaning Commission August 8, 1990 Page 6 9. REPORTS a. Citv Council None. b. Borouah Planning Bryson reported that the Russian villagers and residents of Fox Canyon had came to an amicable solution on the petition to vacate a portion of Homer East End Road. c. City Administration None. 10. PERSONS PRESENT NOT SCHEDULED None 11. INFORMATION ITEMS a. City Council Agenda - June 11, 1990 b. Kenai Peninsula Borough Agenda - July 2nd & 16th 12. COMMISSION COMMENTS ~ QUESTIONS None 13. ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, ,/2G~ _. retta E. ranscribing Secretary t l KENAI PLANNING & ZONING COMMISSION ~ August 8, 1990 - 7:00 P.M. City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS a. Resolution 90-20: Conditional Use Permit for Surface Extraction of Minerals - Michael J. Pelch 5. APPROVAL OF MINUTES - July 25, 1990 ~ 6. OLD BUSINESS 7. NEW BUSINESS a. Swearing in of New Canmissioner, Kathleen F. Herold-Scott 8. PLANNING 9. REPORTS a. City Council b. Borough Planning c. City Administratioa~ 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS a. City Council Agenda - August 1, 1990 b. Kenai Peninsula Borough Agenda - August 6 ,1990 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT ~ -- 1791-1991 CITY OF KENAI „D~:l G'~~ a~ r4~i~„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283.7535 FAX 907-283-3014 PTJBLIC ~TF'nz?2NG NC7TICE Notice is hereby given that a petition for a Conditional Use Permit for Surface Extraction of Natural Resources under KMC 14.20.154 has been submitted by Michael J. Pelch located at SE 1/2, NE 1/4, SE 1/4, Section 2 R11W T4W S.M. within the City of Kenai. Public Hearing on this Surface Extraction of Natural Resources will be held by the Kenai Planning & Zoning Commission on Wednesday, August 8, 1990 commencing at 7:00 p.m. in the City Hall Council Chambers, Kenai, Alaska. Anyone wishing to present testimony concerning this matter should do so at this hearing or submit written comments to the City of Kenai, Planning Commission, 210 Fidalgo, Kenai, Alaska 99611 prior to August 8, 1990. For further information please contact Jack La Shot pr Loretta Harvey at 283-7933. Loretta Harvey Planning & Zoning Dept. 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