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HomeMy WebLinkAbout1990-08-22 P&Z Minutes KENAI PLANNING & ZONING COMMISSION August 22, 1990 - 7:00 P.M. City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA ~I 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 NIINItPF~ -August 8, 1990 ~ 6. OLD BUSINESS 7. NEW BUSINESS a. Review of - Pizza Paradisos Proposed Renovations 8. PLANNING 9. REPORTS a. City Council I\ b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS a. City Council Agenda - August 15, 1990 b. Kenai Peninsula Borough Planning Cor~nission Agenda - August 20, 1990 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT ~~~ r RENAI PLANNING & ZONING COMMISSION ~ August 22, 1990 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Chairman 1. ROLL CALL Present: Bryson, Glick, McComsey, Scott, Bannock, Graveley, Smalley, Rehm Swearing in of New Commissioner, Kathleen F. Herold-Scott. 2. APPROVAL OF AGENDA MOTION: Commissioner McComsey moved for approval. Commissioner Bannock seconded. VOTE: Motion passed by Unanimous Consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution 90-20: Conditional Use Permit for Surface Extraction of Minerals - Michael J. Pelch -Commissioner Bryson explained that the Public Hearing had been carried over from the previous meeting. He than asked for public testimony. -Bob Cude - 505 Ames - Presented a petition that he had circulated in the area which objected to the granting of the permit. The participants felt that another pit on Beaver Loop was not needed since there were currently four existing pits, in that area. He said that he had found one resident within a 300 foot radius of the proposed pit, who had not been notified about the public hearing. He asked that Olga Juliussen be notified and the public hearing be continued until the next meeting, before the Commission made a decision on the permit. Mr. Cude asked that the Commission force Mr. Pelch to comply with the Code in regards to providing a buffer zone around the proposed pit. Mr. Cude also referred to a letter he Commission, concerning the possible 1 the pit was allowed to be developed. his water would cause family hardship have to take legal action against the permit was granted. had presented to the oss of his water rights if He said that the loss of and he felt that he may City and Mr. Pelch if the RENAI PLANNING & ZONING COMMISSION August 22, 1990 Page 2 -Marco Zurak - Beaver Loop Sand & Gravel - testified that his company had attempted to open a pit five years ago and that the Commission had rejected his permit due to a sufficient number of pits in that area. Mr. Zurak said due to a decrease in construction needs in recent years he felt that there was no need for another pit. He said that the four pits on Beaver Loop were all still operating and they could supply construction needs in the foreseeable future. -Commissioner Bryson asked Mr. Zurak how much gravel his pit had left? -Mr. Zurak said his pit could provide 1,400,000 cubic yards with 57 acres of pit available for future excavation. He also noted that Chester Cone had 30 acres available for extraction and that the Foster's pit had lots of material available. -Pat Doyle - Beaver Loop Sand & Gravel - expressed concern that Mr. Pelch's application proposed to excavate 1.5 million cubic yards of gravel. He noted that Mr. Pelch would have to dig to 50 feet in order to produce that amount of gravel from that area. -Chester Cone - 1403 Barbara Drive - owner of one of the four pits on Beaver Loop, said that he had spent almost a year in the process of getting his permit to excavate. He urged the Commission to use the same rules and regulations in regards to the Pelch permit as they used for his. -Commissioner Bryson asked Mr. Cone how much gravel was available from his pit. -Mr. Cone - responded that he owns 30 acres of land which has been largely unused. He also noted that when he submitted his permit the reclamation plan was a major issue in the granting of that permit and he was concerned that Mr. Pelch had not addressed that issue in his application. -Nick Miller - 609 Ames - presented a letter to the Commission and explained that it regarded the selling of his house and showed that the property values in the proposed site area had already been adversely affected by existing gravel pits. He felt that the Pelch pit would further devalue his property. He asked the Planning Commission if they would consider identifying possible future extraction sites within City limits, so other homeowners will not be affected adversely, in the future. KENAI PLANNING & ZONING COMMISSION August 22, 1990 Page 3 -Jack Foster - Faster Construction - said that he had no real objection to the permit but felt that Mr. Pelch should have to comply with the code for buffer zones and a detailed reclamation plan. -Commissioner Bryson - noted that the Foster pit shared a common boundary with the proposed Pelch pit. He asked Mr. Foster if he would like to maintain regulation setbacks between those properties. -Mr. Faster - answered yes, he would like to maintain the 150' setbacks. -Commissioner Bryson than asked for further public comments and seeing none referred matter to Commission. MOTION: Commissioner McComsey moved for approval of Resolution j 90-20. Commissioner Glick seconded. -Commissioner McComsey - then stated that he had read the guidelines regarding issuance of permits, and he felt that the Commission had to consider these in regards to the Pelch application. There is an ordinance on the books of the City of Renai which states that there has to be a 200' buffer zone on both roadways and 150'between the lot lines. This was not addressed in Mr. Pelch's application. -Commissioner Bryson - asked Commissioner McComsey if the motion was intended to incorporate setbacks. -Commissioner McComsey said he didn't care either way but if the setbacks are in the Code they have to be enforced. -Glick asked if the motion McComsey made included the setbacks in it. -Commissioner McComsey, "Yes". -Commissioner Glick said he could agree with motion with the setbacks included. -Commissioner Bryson than asked Jack La Shot, City Engineer if he had any comments and what the City's future needs for gravel might be. RSNAI PLANNING & ZONING COMMISSION August 22, 1990 Page 4 -La Shot explained that the City's road construction had fallen off in recent years and that the existing pits should be able to provide enough gravel for the City's needs in the foreseeable future. He also said that a couple of State projects should be started in the next few years which would call for gravel, but he thought the current pits could supply the State's needs also. -Commissioner Bryson asked how that might affect the price of gravel. -La Shot said he didn't know, but he felt that more than one pit would be needed to meet the needs of these projects, and that there were many factors which affect price. -Commissioner McComsey noted that another pit was apparent on the site plan of the application and wondered if it was included as part of the proposed pit. ~ -La Shot said that it was an old pit and not part of the new application. -Commissioner Bannock said that several months ago, during a work session concerning encroachments, the Commission's main concern was, who is responsible to enforce the code when it is not followed. -La Shot explained that there is supposed to be a yearly review on permits, and that the permit can be terminated if conditions are not being followed. -Commissioner Bannock asked who actually does the work to make sure the guidelines are followed. -La Shat said that the City official, which he interrupted as the City Manager, would probabley appoint someone to enforce the code. -Commissioner Bannack felt that the City needed someone to enforce these codes in order to avoid problems with noncompliance. -Councilman Smalley agreed and felt that the only way the City currently finds out about noncompliance with Cade is when citizens complain. -Commissioner Scott felt that the Code clearly spelled out the process for enforcement, it was the Commissian's responsibility to make sure that process is followed. She than asked for the motion to be re-introduced. KENAI PLANNING & ZONING COMMISSION August 22, 1990 Page 5 -Loretta Harvey, Planning Secretary, read the motion: Commissioner McComsey moved to approve Resolution 90-20: Conditional Use Permit for Surface Extraction of Minerals for Michael Pelch, with inclusion of required setbacks. -Commissioner McComsey said that he didn't intend for the setbacks to be included in the motion and wanted the application voted upon as presented, with no buffer zone. Second concurred. -Commissioner Bryson called for the question. VOTE: Conditional use permit was denied by unanimous roll call vote. Commissioner Bryson called a five minute recess at which time Duane Bannock was excused from the remainder of the meeting. 5. APPROVAL OF MINUTES - August 8, 1990 MOTION: Commissioner McComsey moved approval of the minutes as presented, seconded by Commissioner Graveley. VOTE: Motion passed by Unanimous Consent 6. OLD BUSINESS None 7. NEW BUSINESS a. Review of Pizza Paradisos Proposed Renovations -La Shot said that the plans had already been presented to the City Council for approval to build the restuarant's entryway in the City's right-of-way. The Council had approved that part of construction and now the Commission was being asked to review the plans for consistency with the Townsite Historic Zoning Code. -Commissioner Bryson asked if the Administration recommended that the Commission find the plans consistent with the Townsite Historical Zone (TSH). -La Shot read the sections of the Zoning Code pertaining to renovation of buildings, 14.20.105 Townsite Historic tTSH) Zoning District• RENAI PLANNING & ZONING COMMISSION August 22, 1990 Page 6 (1) All alterations to existing structures should be performed so as to preserve the historical and architectural character of the TSH zoning district. (2) Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations or additions do not destroy the historical character of the structure . MOTION: Commissioner McComsey moved to accept plans as conforming to Code for TSH Zone. Commissioner Rehm seconded. VOTE: Passed by unanimous consent. 8. PLANNING None 9. REPORTS a. Citv Council Had nothing to report, due to the the last few meetings because he say he would bring Commissioner's of Code, before the Council. b. Borough Planning fact that he has missed was on vacation. He did concerns about enforcement Town & Country came back to the Planning Commission in as much as the Planning Commission was upheld at the Assembly level. Town & Country wants, incorporated into their rules for operation, the same rules that they received in their permit with the State. Those conditions were: that within 200' of the lagoon, which was proposed far the septage disposal, the plume of water will be required to meet drinking water standards. This will came before the Commission for Public Hearing. c. Citv Administration None. 10. PERSONS PRESENT NOT SCHEDULED None KENAI PLANNING & ZONING COMMISSION August 22, 1990 Page 7 11. INFORMATION ITEMS a. City Council Agenda - August 15, 1990 12. COMMISSION_COMMENTS ~ QUESTIONS -La Shot said that the Commission needed to consider the status of the Comprehensive Plan. Staff will be reviewing progress to date and give a report at the next P & Z meeting. -Commissioner Bryson asked what was happening at the old Quandt property on the Spur Highway. -La Shot said he would talk to owner about possible development and report back to Commission. -Commissioner Scott asked if the Planning Staff would also review all existing Gravel Permits and determine whether they are ~ currently operating under the terms of their original permits. 13. ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, .. . -~.-___~ Loretta E. Harvey Transcribing Secretary .~ ~.. 4~ - . __ ~1 RENAI PLANNING ~ ZONING COMMISSION August 22, 1990 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Chairman ~ " 1. ROLL CALL Present: Bryson, Glick, McComsey, Scott, Bannock, Graveley, ` Smalley, Rehm Swearing in-of New Commissioner, Kathleen F. Herold-Scott. 2. APPROVAL OF AGENDA MOTION: Commissioner McComsey moved for approval. Commissioner Bannock seconded. VOTE: Motion passed by Unanimous Consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution 90-20: Conditional Use Permit for Surface Extraction of Minerals - Michael J. Pelch -Commissioner Bryson explained that the Public Hearing had been carried over from the previous meeting. He than asked for public testimony. -Bob Cude - 505 Ames - Presented a petition that he had circulated in the area which objected to the granting of the permit. The participants felt that another pit on Beaver Loop was not needed since there were currently four existing pits, in that area. He said that he had found one resident within a 300 foot radius of the proposed pit, who had not been notified about the public hearing. He asked that Olga Juliussen be notified and the public hearing be continued until the next meeting, before the Commission made a decision on the permit. Mr. Cude asked that the Commission force Mr. Pelch to comply with the Code in regards to providing a buffer zone around the proposed pit. Mr. Cude also referred to a letter he had presented to the Commission, concerning the possible loss of his water rights if the pit was allowed to be developed. He said that the loss of his water would cause family hardship and he felt that he may have to take legal action against the City and Mr. Pelch if the permit was granted. KENAI PLANNING & ZONING COMMISSION August 22, 1990 Page 2 -Marco Zurak - Beaver Loop Sand & Gravel - testified that his company had attempted to open a pit five years ago and that the Commission had rejected his permit due to a sufficient number of pits in that area. Mr. Zurak .said due to a decrease in construction needs in recent years he felt that there was no need for another pit. He said that the four pits on Beaver Loop were all still operating and they could supply construction needs in the foreseeable future. -Commissioner Bryson asked Mr. Zurak how much gravel his pit had left? -Mr. Zurak said his pit could provide 1,400,000 cubic yards with 57 acres of pit available for future excavation. He also noted that Chester Cone had 30 acres available for extraction and that the Foster's pit had lots of material available. -Pat Doyle - Beaver Loop Sand & Gravel - expressed concern that Mr. Pelch's application proposed to excavate 1.5 million cubic yards of gravel. He noted that Mr. Pelch would have to dig to 50 feet in order to produce that amount of gravel from that area. -Chester Cone - 1403 Barbara Drive - owner of one of the four pits on Beaver Loop, said that he had spent almost a year in the process of getting his permit to excavate. He urged the Commission to use the same rules and regulations in regards to the Pelch permit as they used for his. -Commissioner Bryson asked Mr. Cone how much gravel was available from his pit. -Mr. Cone - responded that he owns 30 acres of land which has been largely unused. He also noted that when he submitted his permit the reclamation plan was a major issue in the granting of that permit and he was concerned that Mr. Pelch had not addressed that issue in his application. -Nick Miller - 609 Ames - presented a letter to the Commission and explained that it regarded the selling of his house and showed that the property values in the proposed site area had already been adversely affected by existing gravel pits. He felt that the Pelch pit would further devalue his property. He asked the Planning Commission if they would consider identifying possible future extraction sites within City limits, so other homeowners will not be affected adversely, in the future. } KENAI PLANNING & ZONING COMMISSION August 22, 1990 Page 3 -Jack Foster - Foster Construction - said that he had no real objection to the permit but felt that Mr. Pelch should have to comply with the code for buffer zones and a detailed reclamation plan. _ -Commissioner Bryson - noted that the Foster pit shared a common boundary with the proposed Pelch pit. He asked Mr. Foster if he would like to maintain regulation setbacks between those properties. -Mr. Foster - answered yes, he would like to maintain the 150' setbacks. -Commissioner Bryson than asked for further public comments and seeing none referred matter to Commission. MOTION: Commissioner McComsey moved for approval of Resolution l-' 90-20. Commissioner Glick seconded. -Commissioner McComsey - then stated that he had read the guidelines regarding issuance of permits., and he felt that the Commission had to consider these in regards to the Pelch application. There is an ordinance on the books of the City of Kenai which states that there has to be a 200' buffer zone on both roadways and 150'between the lot lines. This was not addressed in Mr. Pelch's application. -Commissioner Bryson - asked Commissioner McComsey if the motion was intended to incorporate setbacks. -Commissioner McComsey said he didn't care either way but if the setbacks are in the Code they have to be enforced. -Glick asked if the motion McComsey made included the setbacks in it. -Commissioner McComsey, "Yes". -Commissioner Glick said he could agree with motion with the setbacks included. -Commissioner Bryson than asked Jack La Shot, City Engineer if he had any comments and what the City's future needs for gravel ~ might be. RENAI PLANNING & ZONING COMMISSION August 22, 1990 Page 4 -La Shot explained that the City's road construction had fallen off in recent years and that the existing pits should be able to provide enough gravel for the City's needs in the foreseeable future. He also said that a couple of State projects should be started in the next few years which would call for gravel, but he thought the current pits could supply the State's needs also. -Commissioner Bryson asked how that might affect the price of gravel. -La Shot said he didn't know, but he felt that more than one pit would be needed to meet the needs of these projects, and that there were many factors which affect price. -Commissioner McComsey noted that another pit was apparent on the site plan of the application and wondered if it was included as part of the proposed pit. -La Shot said that it was an old pit and not part of the new application. -Commissioner Bannock said that several months ago, during a work session concerning encroachments, the Commission's main concern was, who is responsible to enforce the code when it is not followed. -La Shot explained that there is supposed to be a yearly review on permits, and that the permit can be terminated if conditions are not being followed. -Commissioner Bannock asked who actually does the work to make sure the guidelines are followed. -La Shot said that the City. official, which he interrupted as the City Manager, would probabley appoint someone to enforce the code. -Commissioner Bannock felt that the City needed someone to enforce these codes in order to avoid problems with noncompliance. -Councilman Smalley agreed and felt that the only way the City currently finds out about noncompliance with Code is when citizens complain. -Commissioner Scott felt that the Code clearly spelled out the process for enforcement, it was the Commission's responsibility to make sure that process is followed. She than asked for the motion to be re-introduced. ~r >~ KENAI PLANNING & ZONING COMMISSION August 22, 1990 Page 5 -Loretta Harvey, Planning Secretary, read the motion• Commissioner McComsey moved to approve Resolution 90-20: Conditional Use .Permit for Surface Extraction of Minerals for Michael Pelch, with inclusion of required setbacks. -Commissioner McComsey said that he didn't intend for the setbacks to be included in the motion and wanted the application voted upon as presented, with no buffer zone. Second concurred. -Commissioner Bryson called for the question. VOTE: Conditional use permit was denied by unanimous roll call vote. Commissioner Bryson called a five minute recess at which time Duane Bannock was excused from the remainder of the meeting.. 5. APPROVAL OF MINUTES - August 8, 1990 MOTION: Commissioner McComsey moved approval of the minutes as presented, seconded by Commissioner Graveley. VOTE: Motion passed by Unanimous Consent 6. OLD BUSINESS None 7. NEW BUSINESS a. Review of Pizza Paradisos Proposed Renovations -La Shot said that the plans had already been presented to the City Council for approval to build the restuarant's entryway in the City's right-of-way. The Council had approved that part of construction and now the Commission was being asked to review the plans for consistency with the Townsite Historic Zoning Code. -Commissioner Bryson asked if the Administration recommended that the Commission find the plans consistent with the Townsite Historical Zone (TSH). -La Shot read the sections of the Zoning Code pertaining to renovation of buildings, 14.20.105 Townsite Historic (TSH) Zonina District• KENAI PLANNING & ZONING COMMISSION August 22, 1990 Page 6 (1) All alterations to existing structures should be performed so as to preserve the historical and architectural character of the TSH zoning district. (2) Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations or additions do not destroy the historical character of the structure . MOTION: Commissioner McComsey moved to accept plans as conforming to Code for TSH Zone. Commissioner Rehm seconded. VOTE: Passed by unanimous consent. 8. PLANNING None 9. REPORTS a. City Council Had nothing to report, due to the the last few meetings because he say he would bring Commissioner's of Code, before the Council. b. Borouah Planning fact that he has missed was on vacation. He did concerns about enforcement Town & Country came back to the Planning Commission in as much as the Planning Commission was upheld at the Assembly level. Town & Country wants, incorporated into their rules for operation, the same rules that they received in their permit with the State. Those conditions were: that within 200' of the lagoon, which was proposed for the septage disposal, the plume of water will be required to meet drinking water standards. This will come before the Commission for Public Hearing. c. City Administration None. 10. PERSONS PRESENT NOT SCHEDULED None i RENAI PLANNING & ZONING COMMISSION ~ ~ August 22, 1990 Page 7 11. INFORMATION ITEMS a. City Council Agenda - August 15, 1990 12. COMMISSION COMMENTS ~ QUESTIONS -La Shot said that the Commission needed to consider the status of the Comprehensive Plan. Staff will be reviewing progress to date and give a report at the next P & Z meeting. -Commissioner Bryson asked what was happening at the old Quandt property on the Spur Highway. -La Shot said he would talk to owner about possible development and report back to Commission. -Commissioner Scott asked if the Planning Staff would also review all existing Gravel Permits and determine whether they are j currently operating under the terms of their original permits. 13. ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, Loretta E. Harvey Transcribing Secretary