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HomeMy WebLinkAbout1999-01-27 P&Z MinutesAMENDED AGENDA CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS January 27,1999 - 7:00 p.m. http://www.ci.kenai.ak.us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: January 13, 199 d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. SCHEDULED PUBLIC COMMENT: 3. CONSIDERATION OF PLATS: 4. PUBLIC HEARINGS: a. PZ99-O1--Conditional Use Permit--Charitable Institution and Governmental Building for the ~ property described as KN T06N R11 W 533, that portion of the W 1/2 SW 1/4 SE 1/4 lying South of Kenai Spur Road (9711 and 9775 Kenai Spur Highway). Site proposed for the Challenger Learning Center and Multi-Purpose Facility. Application submitted by City of Kenai, 210 Fidalgo, Suite 200, Kenai, Alaska. 5. NEW BUSINESS: a. 99-03--Landscape/Site Plan Review--Lot 4, Block 1, Gusty Subdivision, Add. No. 1, 11536 Kenai Spur Highway, Kenai, Alaska. Application submitted by Zecee Crow, Crow's Construction and Development, 1006 Crow Court, Kenai, Alaska. b. Right-of--Way & Easement Vacation--Lots 3 & 4, Shaginoff Subdivision, 5584 & 5616 Kenai Spur Highway, Kenai, Alaska. Application submitted by Roy Whitford, P.O. Box 4032, Soldotna, Alaska. Property owned by DeWayne J. Benton, P.O. Box 2646, Kenai, Alaska. 6. OLD BUSINESS: a. Annual Reports -Gravel Pits -Discussion 7. CODE ENFORCEMENT: S. REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: Planning & Zoning Commission ~~ Agenda Page 2 January 27, 1999 a. KPB Administrative approval Original Townsite of Kenai Laddville Replat No. 3 b. 1998 Planning & Zoning Commission Yearly Report c. KPB Plat Committee action of 1/11/99 d. Letter dated 1/18/99 to Ron Goecke e. Ordinance No. 1809-99 f. "Zoning Bulletin" -January 10, 1999 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: ~ REGULAR MEETING OF THE CITY OF KENAI PLANNING & ZONING COMMISSION JANUARY 27, 1999 - 7:00 P.M. KENAI CITY HALL CHAIRMAN CARL GLICK, PRESIDING *** MINUTES *** 1. CALL TO ORDER Chairman Glick called the meeting to order at 7:00 p.m. a. Roll Call Members Present: Ron Goecke, Barb Nord, Donald Erwin, Phil Bryson, Carl Glick Robert Newbry arrived at 7:02 p.m. Members Absent: None Also Present: Councilman Duane Bannock, Administrative Assis- tant Marilyn Kebschull, Contract Secretary Victoria Askin b. Agenda Approval GOECKE MOVED TO APPROVE THE AGENDA WITH INCLUSION OF HANDOUTS PRESENTED AT MEETING AND ASKED FOR UNANIMOUS CONSENT. BRYSON SECONDED. AGENDA WAS UNANIMOUSLY APPROVED AS PRESENTED. c. Approval of Minutes: January 13, 1998 GOECKE MOVED TO APPROVE THE MINUTES OF THE MEETING OF JANUARY 13, 1998 AND ASKED FOR UNANIMOUS CONSENT. ERWIN SECONDED. MINUTES WERE UNANIMOUSLY APPROVED AS PRESENTED. 2. SCHEDULED PUBLIC COMMENT -None 3. CONSIDERATION OF PLATS -None 4. PUBLIC HEARINGS a. PZ99-O1--Conditional Use Permit-Charitable Institution and Government Building for the Property Described as KN T06N R11W S33, That Portion of the W ~z S ~4 SE ~4 Lying South of Planning 8v Zoning Commission January 27, 1999 Page 1 - Kenai Spur Road (9711 and 9?75 Kenai Spur Highway). Site 7 Proposed for the Challenger Learning Center and Multi- purpose Facility. Application Submitted by City of Kenai, 210 Fidalgo, Suite 200, Kenai, Alaska. NORD MOVED TO APPROVE PZ99-O1, CONDITIONAL USE PERMIT. GOECKE SECONDED. Di scu SSi nn Glick opened the floor to public hearing. Rick Ross, Kenai City Manager, stated he was at the meeting to answer questions regarding the property. He continued, the parcel was located working in conjunction with the Borough and School District and determined to be the ideal location for the Challenger Learning Center as well as athree-sided, covered, outdoor recreational facility. The parties involved don't see the piece of property ever being developed as residential property or for commercial purposes. Facilities are co-located with educational facilities with ingress and egress. Cooperative agreements are in place with the school for the use of ingress and egress of the parking facilities. It is felt at this time the parking facilities are adequate for anticipated use. If there is to be expanded use of the facilities, the City is prepared to work with the State in putting in signals to expedite the flow of traffic. Glick asked if not adding further ingress/egress is adequate. Ross responded affirmatively, further stating he didn't think the Challenger will add a lot in the way of traffic because it will be used primarily during the school day, with perhaps one or two buses. Increased need may present itself if there is another major high school event scheduled at the same time, such as a hockey game. This is something the City will monitor. Based upon anticipated uses and hours of use, the City doesn't foresee a problem at this time. Debbie Sonberg, 410 Cinderella, Kenai, Alaska -Stated she feels a tremendous amount of thought has gone into the planning of the facilities. These are the types of facilities she had hoped would go in that area, something very educational and community oriented. She is pleased to see the existing tree buffers will remain. She feels monitoring the traffic and possibly putting in a traffic light if it becomes hazardous, is a good idea. Sonberg stated she lives in the neighborhood across from the high school and approved of it being in her neighborhood. She expressed her appreciation for all the effort that has gone into the project. Planning & Zoning Commission January 27, 1999 Page 2 Kebschull noted the recommendation that a Landscape Site Plan be required. Normally it would not be required in a residential zone but because it will be a commercial-type development, she believes the Commission should have the opportunity to review a site plan. Glick went on to state the Commission had received a letter from Nathan Kiel requesting it be read into the record because he couldn't be in attendance. The letter stated: "I am writing to urge you to issue aconditional-use permit for the property adjacent to Kenai Central High School and Rogers Road. As a thirty-year resident of Kenai and immediate resident of the neighborhood in question I am concerned that our city take a conservative approach to development. I can assure you that this property will be developed in a positive and responsible manner. I live approximately one city block from the property in question. I have visited with several neighbors in the Rogers Road area and feel confident this project has their support. As a teacher at Kenai Central High School, I can attest that the majority of faculty and students are strongly supportive of said facility. As a parent I look forward to the numerous opportunities this facility will offer our children and community. The request before you this evening is a culmination of efforts by local residents and city officials to secure the aforementioned parcel for the purpose of a multi-use recreational facility. The benefits of this facility have been well documented at City Council meetings and in press releases. Over twenty user groups have expressed support of the project. As a member of the Site Planning and Facility Design team, I can assure you that every effort was made to find the ideal site for this facility without causing a negative impact on residential areas. This indeed is the perfect location for such a facility. Thank you for your time and consideration." Bryson noted for the record he would be abstaining from the vote because of involvement in the civil engineering of both projects. VOTE NORD Yes BRYSON Abstained ERWIN Yes NEWBRY Yes GOECKE Yes GLICK Yes MOTION PASSED. Planning & Zoning Commission January 27, 1999 Page 3 ~ ~~ 5. a. 99-03-Landscape/Site Plan Review-Lot 4, Block 1, Gusty Subdivision, Add. No. 1, Kenai Spur Highway, Kenai, Alaska. Application Submitted by Zecee Crow, Crow's Construction and Development, 1006 Crow Court, Kenai, Alaska. GOECKE MOVED TO APPROVE RESOLUTION NO. 99-03, LANDSCAPE/SITE PLAN REVIEW, LOT 4, BLOCK 1, GUSTY SUBDIVISION, ADD. NO. 1. BRYSON SECONDED. Discussion Kebschull noted the artists' rendition is not accurate as the trees at the back of the building are not currently there. The vacant lot is cleared at this time. Bryson understood this rendition was for conceptual approval. Glick answered affirmatively, this rendition was presented to the City Council to obtain the lease. VOTE ERWIN Yes NEWBRY Yes GOECKE Yes BRYSON Yes NORD Yes GLICK Yes MOTION PASSED. b. Right-of--Way 8s Easement Vacation -Lots 3 8s 4, Shaginoff Subdivision, 5584 8s 5616 Kenai Spur Highway, Kenai, Alaska. Application Submitted by Roy Whitford, P.O. Box 4032, Soldotna, Alaska. Property Owned by DeWayne J. Benton, P.O. Box 2646, Kenai, Alaska. GOECKE MOVED TO APPROVE THE RIGHT-OF-WAY EASEMENT VACATION. ERWIN SECONDED. Discussion Bryson clarified the motion was to approve the right-of--way vacation and was separate from the walkway, he expressed his preference to address them separately. Goecke stated he moved only to approve the right-of--way and would probably have moved for both had he thought it through. Planning 8v Zoning Commission January 27, 1999 Page 4 However, since Bryson had noted his preference to separate them, ~ he asked for concurrence from the second and it was left as the right-of--way only. Glick clarified the Commission was discussing the right-of--way vacation only. Bryson noted he felt the right-of--way vacation was appropriate. VOTE NEWBRY Yes BRYSON Yes GOECKE Yes NORD Yes NEWBRY Yes GLICK Yes MOTION PASSED BRYSON MOVED FOR APPROVAL OF THE EASEMENT VACATION. GOECKE SECONDED. Discussion Bryson noted there is probably not a walkway utilized through that area and for pedestrians, from the point the easement leaves Phillips Drive, there is a 2,000' walk to get to the highway rather than 500'. Even though it's not constructed and not supposed to be constructed, he asked the Commission to keep in mind it is an easement and not aright-of--way and it should remain. Glick stated it appears to follow through on the other side of Phillips Drive, back to the other property. Goecke stated the problem he had with not vacating the easement is if there is an easement through that property, the landowner is responsible at this time of the year to make sure it is open to get through. He added, a case in point would be the owner of the commercial property cleaned everything out up to the road and now has to keep the road open even though he no longer utilizes the commercial property in order to give others an opening through his property to get to the property behind him. Goecke stated he would vote in favor of this vacation based on that premise. Nord asked for clarification if the 40' frontage road is vacated, would it eliminate the walkway 40' from the Kenai Spur. Planning & Zoning Commission January 27, 1999 Page 5 Jack La Shot suggested if the 40' frontage road were to be vacated and the 10' easement retained, that it be extended to the Kenai Spur. Glick clarified since the walkway has not been built, there is just an easement there and it doesn't have to be kept clear unless a walkway is built. La Shot stated he wasn't sure the property owner had the respon- sibility to plow snow but did have the responsibility to keep the area clear of structures, etc. Glick asked for an amendment to the motion to extend the ease- ment to the Kenai Spur Highway. Bryson proposed to vote on the motion and if it failed he would then introduce a new motion. Erwin noted his being in favor of keeping walkway easements as they allow a way for young people to get back and forth. The easement makes it easier for people in the back rows to walk to either the highway or other access. He added, he wanted to see foot traffic encouraged, not blocked. Goecke stated his concern whether or not the 10' easement is being used because it if is not plowed, there is a berm, which means the people are going to be coming out of their regular driveways because they are plowed. He stated he would still vote to vacate because he didn't feel the easement was necessary at this point. VOTE BRYSON No ERWIN No GOECKE Yes NEWBRY Yes NORD Yes GLICK No MOTION FAILED. BRYSON MOVED THE 10' WALKWAY EASEMENT EXTEND TO THE KENAI SPUR HIGHWAY IF THE RIGHT-OF-WAY IS VACATED BY COUNCIL. NORD SECONDED. VOTE GOECKE No NEWBRY Yes NORD Yes BRYSON Yes ERWIN Yes GLICK Yes MOTION PASSED. Planning & Zoning Commission January 27, 1999 Page 6 ~_ 6. OLD BUSINESS a. Annual Reports -Gravel Pits -Discussion Kebschull stated the staff had provided the Commission with a map that depicts the gravel pits currently in operation by permit with the City of Kenai. Also shown is the Cone property which was in grandfather status; he does not have a gravel pit permit. In addition, the City is trying to clarify if the Beaver Loop Partnership is an operational pit. Site visits have been conducted and a lot of information accumulated. Pit owners have been contacted and asked to respond to some of the City's concerns. Ross reiterated information Kebschull related and stated he would like to receive insights from members who had been involved with the gravel pit issue, particularly regarding buffers. He stated he was not asking for pre judgment on anything, just insights on what issues and concerns had been presented in the past, both from their point of view and from citizenry. Ross went on to designate the Krogseng to State DNR and up to Zubeck Pits as rear buffers. The buffers between the pits are designated side buffers. Front buffers are those that join any- thing but the City of Kenai or other property and are intended to be marked to assure their compliance and enforce compliance. Rear buffers adjoin City property. Ross added, the City believes there are some encroachments of that buffer. The City needs gravel but doesn't believe they will be able to access or develop this area for gravel. He would like to look at the rear buffer, come behind the property line approximately 200' and make it available for buffer and sloping to the privately operated pits. The pit owners could now operate up to their existing property line, and purchase buffer from the City of Kenai. One issue not yet resolved is this proposal involves a section line on both sides of the properties, as well as other issues. Ross asked the Commission for information in their dealings regarding buffers. Another issue to possibly be brought before the Commission is the side buffers between pits. Right now, a 150' buffer is required to be maintained with 2-to-1 sloping between the pits. Eventually, when reclaimed in that area, reclamation will probably be ponds, lakes, etc. There have already been some encroachments on the side buffers on the Krogseng property. From the City's perspective, the question has been raised regarding the need for side buffers between pits, i.e., if pit Planning & Zoning Commission January 27, 1999 Page 7 operators come to agreement between themselves, what would be the ramifications if they were allowed to work. the property line into one continuous pit. If no cooperative agreement exists between the owners, then sloping would occur. Ross' questions are: Why do we have side buffers? What has tes- timony been in the past? What issues and concerns can he expect to hear from the Commission as well as from citizens? He asked the same questions regarding the rear buffers as well. Goecke related the most important issue he had heard in the tes- timony was about the setbacks on the front side. No one has expressed concern about the back side. He personally stated he felt elimination of the side buffers was a good idea. The biggest concern citizens living on Beaver Loop have expressed is truck traffic. He thinks Foster has allowed Krogseng to use his driveway rather than put in an additional driveway to Beaver Loop. As long as the two pit operators can get along, he believes it's a good idea. He feels with very little work Doyle could come out of Foster's driveway as well. He added, he feels the Beaver Loop right-of--way should be cleared back further than it is because of the moose and caribou. Glick related he remembers before he was on the Commission there was work setting up the buffer zones. In most cases the gravel pits weren't side by side, but there were a few scattered ones and that was when the buffer zones were established. He added, he recalled there being a side buffer already gone between two owners and didn't recall there being a problem. Personally, he had no problem with side buffers, but they should be retained where there is adjoining property that isn't a gravel pit. Bryson stated he remembered the side buffer that was eliminated was agreed to by the two parties. He added, he felt side buffers could be eliminated and be administratively approved. He noted, he was not in favor of eliminating front buffers. Glick stated he felt setbacks should be established from Beaver Loop Road and most public comment had reflected that concern as they help to screen out noise, dust and sight of the pits. Erwin agreed with Glick's comments regarding the noise and dust and establishing front setbacks. Nord expressed not being in favor of eliminating the side buffers but if there was a cooperative agreement between the two pit owners, then it wouldn't seem to be a problem. If such an agreement were filed, it could be handled administratively and not Planning 8v Zoning Commission January 27, 1999 Page 8 ~ be in violation. Testimony she has heard had been concern regarding the noise, dust and traffic from the area. She added, she felt she would like to see the front setbacks maintained and if the City could acquire gravel through an agreement with the property owners for land and sloping, it would be a good deal. Newbry stated he lives off Beaver Loop and expressed his agree- ment with Nord regarding the noise, dust and traffic issues. Ross stated, he believed all the buffers were required by code so a change of code would eventually be needed. He asked if there had been any testimony in the past regarding the rear of the pits, either from adjoining property owners or ones who could observe the pits from higher elevations. Glick and Bryson stated they didn't recall any concerns in the past. Bryson asked if there had been encroachments onto private property. Ross answered he didn't know because they were using aerial photography to review and didn't have any marking of buffers at this time. He added, if a program could be put together, one of the things the City would want is clear, delineated property lines so front buffers could be maintained and enforced and if rear buffer problems were approved for this type of resolution, which works to the advantage of the City for gravel, then it could be enforced. 7. CODE ENFORCEMENT 8. REPORTS a. City Council Duane Bannock directed the Commission to the Agenda of the City Council January 20 meeting. He addressed the highlights: Wm. Nelson 8v Associates presented a proposal for the Cunningham Park improvement to be funded primarily by the Kenai River Classic up to $100,000. There was considerable debate regarding the boat launch proposed. Majority of the Council felt it was not in the best interest of Cunningham Park and a proposal had gone back to Nelson 8v Associates to tailor the ramp down to perhaps a "hand launch," i.e., rubber raft, canoe, etc. Council felt by putting in a first-class boat launch it would completely change the flavor of what Cunningham Park was intended for and its present use. Ordinance No. 1809-99 -Beginning the middle of February, anyone applying to the Planning & Zoning Commission on an Planning 8~ Zoning Commission January 27, 1999 Page 9 issue requiring public hearing will have to have the subject property posted. There was some debate as to the size of the sign, with consensus it be the same size as a real estate sign. Bannock stated he will ask for review of this ordinance in one year to see if it has been successful. Resolution No. 99-3 -- The Council feels the new term "Optimum Yield" is not in the City's best interest for a healthy Kenai River salmon run. Ordinance No. 1810-99 -This came from Planning and Zoning regarding City-owned property located in Soldotna deemed not required for Public Use. It was on the Consent Agenda and will come up at the next scheduled Council meeting. Item H-4 -Renewal of the Health and Social Services Lease - This will hopefully be the last lease passed because by the time this lease is up, the Public Health Clinic should have their own building in the City of Kenai. Item H-6 -Anew ATM machine will be going in at the Kenai Airport. Cost will be $2.00 to use it. Item H-7 -Discussion regarding a Future Economic Outlook Forum. A couple of years ago, aone-day Economic Forum was held. The Council is looking at expanding on that and having another one this spring. January 26, 1999 Special Council Meeting -- The Council met on January 26 in a special meeting to interview the six remaining council candidates running for appointment to the Kenai City Council. Council will be making that appointment at the next regularly scheduled meeting of February 3rd with the new member being sworn in on February 17. Bannock related he would not be at the next scheduled Planning 8v Zoning meeting. He added, he was not aware of who the Planning 8a Zoning liaison to the Council will be. b. Borough Planning Bryson stated the Borough Planning meeting was held January 26 at City Council Chambers in Homer. There was a request to vacate a portion of Bay Ridge Road bounded to Emerald Highland Estates. This was carried forward from approximately a year ago. After testimony was taken, the request to vacate was denied. This involved two adjacent lots wanting to vacate the entire right-of- way and create a cul-de-sac situation. Planning 8v Zoning Commission January 27, 1999 Page 10 A public hearing was held on Ordinance 98-33 repealing KPB 21.13. This has the potential of coming before the Assembly at its next meeting. There were several recommendations from both public and the Planning Commission. They will go the Assembly in an advisory manner and a substitute ordinance has been proposed. Item E-3, a utility easement vacation was denied upon recom- mendation of the Borough staff. Item E-4, a public hearing to vacate the 33' wide roadway and utility easement of Marysville Too Subdivision was postponed by request of the petitioner. That portion was opened to the public and additional testimony was taken. Public Hearing items included a new petition to vacate a portion of Ptarmigan Heights Drive right-of--way. This was postponed by request of the staff in order to collect additional information. Vacation of a 66' section line easement of Sections 12 and 13, Township 6 South, Range 14 West was proposed to be worked out between a group that wished to maintain a ski trail through that area as it is across private property but is a section line easement. There will be some negotiation taking place. A proposal was presented to name an unnamed private road "Taxidermy Road." There was protest and the issue will go to staff to be worked out with the petitioner and protester. Hopefully, something compatible for all three groups will be developed. Item F.4 - a land use permit application to operate a gravel site in the Homer area, was rescheduled. Item F.5 -naming two unnamed bays near Halibut Cove, near Ismailof Island to Rosie's Bight and Rusty's Lagoon, was approved. Bryson added, the remainder of the agenda was not addressed because it was after midnight. c. Administration Kebschull drew attention to the yearly report that was provided. If there any question, direct them to her and she will provide any additional information. Planning & Zoning Commission January 27, 1999 Page 11 -~ 9. PERSONS PRESENT NOT SCHEDULED Bill Popp briefly addressed the Commission, thanking them for the positive vote on the permit for the Challenger Learning Center site and the multi-use ice rink. He noted, this is an exciting project and they are moving along at a rapid pace on design and development and look forward to beginning construction in the very near future. 10. INFORMATION ITEMS a. KPB Administrative approval Original Townsite of Kenai Laddville Replat No. 3 b. 1998 Planning & Zoning Commission Yearly Report c. KPB Plat Committee action of 1 / 11 /99 d. Latter dated 1 / 18/99 to Ron Goecke e. Ordinance No. 1809-99 f. "Zoning bulletin" -January 10, 1999 g. Letter from Nathan Kiel h. Map of existing gravel pits in Beaver Loop area i. Information on Planning Commissioner Training Seminar 11. COMMISSIONERS' COMMENTS / UESTIONS Commissioner Glick asked Kebschull if wanted names of commissioners interested in attending the Planning Commissioners Seminar referred to in the handout they received. Kebschull answered it was for informational purposes as the City does not fund training for Planning Commissioners but thought some of the Commission may be interested in attending on their own. Commissioner Nord thanked Kebschull for providing information on the Seminar. 12. ADJOURNMENT GOECKE MOVED TO ADJOURN. MEETING ADJOURNED AT 8:00 P.M. Respectfully submitted, Victoria Askin Contract Secretary Planning 8v Zoning Commission January 27, 1999 Page 12