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HomeMy WebLinkAbout1999-02-24 P&Z MinutesCITY OF KENAI PLANNING & ZONING COMMISSION \~ KENAI CITY COUNCIL CHAMBERS February 24,1999 - 7:00 p.m. http://www. ci.kenai. ak.us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: February 10, 1999 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. PZ99-04--An application for a variance for Principal Structures for the property described as Lot 8, Anglers Acres, Part 3, 1125 Angler Drive, Kenai, Alaska. Application submitted by Jackie L. Johnson, 1125 Angler Drive, Kenai, Alaska. b. PZ99-OS--An application for a Conditional Use Permit for cabin rentals for the property described as Lot 8, Anglers Acres, Part 3, 1125 Angler Drive, Kenai, Alaska. Application submitted by Jackie L. Johnson, 1125 Angler Drive, Kenai, Alaska. c. PZ99-06--Conditional Use Permit -Storage Yard, for the property described as approximately 1801 Cone Avenue. (Described by the legal description KN TOSN R11W S02 BEGINNING AT S1/4 CORNER OF SEC 2 TH WEST 990 FT TH NORTH 330 FT TO THE POB TH NORTH 330 FT TH WEST 660 FT TH SOUTH 330 FT TH EAST 660 FT TO THE POB.) Application submitted by Beaver Loop Partnership, Warren H. Polsky, Partnership Manager, 4150 Vista Court, Anchorage, Alaska 99508. 5. NEW BUSINESS: a. Ordinance No. 1813-99 -Title 4 (Uniform Building Codes) Amendment -Discussion 6. OLD BUSINESS: 7. CODE ENFORCEMENT: 8. REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission ~ Agenda Page 2 February 24, 1999 10. INFORMATION ITEMS: a. KPB "Notice of Planning Commission Action" of February 8, 1999 b. Letter to KPB dated 2/18/99 regarding Shaginoff Subdivision ROW Vacation c. "Zoning Bulletin" -January 25, 1999 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: REGULAR MEETING OF THE CITY OF KENAI PLANNING 8s ZONING COMMISSION FEBRUARY 24, 1999 - 7:00 TIME 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, Donald Erwin, Robert Newbry, Carl Glick, Phil Bryson Members Absent: Barb Nord Also Present: Councilman Duane Bannock, Jack LaShot, Contract Secretary Victoria Askin b. Agenda Approval GOECKE MOVED TO APPROVE THE AGENDA WITH INCLUSION OF PHOTOS PRESENTED AT MEETING AND ASKED FOR UNANIMOUS CONSENT. BRYSON SECONDED. AGENDA WAS UNANIMOUSLY APPROVED AS AMENDED. c. Approval of Minutes: February 10, 1999 GOECKE MOVED TO APPROVE THE MINUTES OF THE MEETING OF FEBRUARY 10, 1999 AND ASKED FOR UNANIMOUS CONSENT. ERWIN SECONDED. MINUTES WERE UNANIMOUSLY APPROVED AS WRITTEN. 2. SCHEDULED PUBLIC COMMENT -None 3. CONSIDERATION OF PLATS -None 4. PUBLIC HEARINGS a. PZ99-04-An application for a variance for Principal Structures for the property described as Lot 8, Anglers Acres, Part 3, 1125 Angler Drive, Kenai, Alaska. Application submitted by Jackie L. Johnson, 1125 Angler Drive, Kenai, Alaska. GOECKE MOVED TO APPROVE PZ99-04 -APPLICATION FOR VARIANCE. ERWIN SECONDED. Planning & Zoning Commission February 24, 1999 Page 1 of 9 Discussion Ms. Johnson briefly stated her intention was to install the commercial septic system and eventually rent three cabins out during the summer. Based on finances right now, it looks like she will only be installing the commercial septic system and renting one cabin this summer. Glick asked where the third cabin will be situated in relation to the two already noted. Johnson answered the third had not been added in because Mr. McLane thought her intention was only two. The third would be right next to the other two. Goecke stated he would approve the Application but believes since staff has stated there will be a third cabin, it should be shown so it meets the criteria, and not require future consideration by the Commission. GOECKE MOVED TO AMEND THE ORIGINAL MOTION TO INCLUDE REQUIREMENT THE PLAT MAP SHOW THE ADDITION OF THE THIRD CABIN. BRYSON SECONDED. Vote Newbry Yes Goecke Yes Erwin Yes Bryson Yes Glick Yes No further discussion was held on the original motion and it was amended to read: GOECKE MOVED TO APPROVE PZ99-04 -APPLICATION FOR VARIANCE WITH STIPULATION THIRD CABIN BE INCLUDED ON THE PLAT MAP PER STAFF RECOMMENDATION. ERWIN SECONDED. Vote Bryson Yes Erwin Yes Newbry Yes Goecke Yes Glick Yes b. PZ99-05 -- An application for a conditional Use Permit for cabin rentals for the property described as Lot 8, Anglers Acres, Part 3, 1125 Angler Drive, Kenai, Alaska. Application submitted by Jackie L. Johnson, 1125 Angler Drive, Kenai, Alaska. Planning & Zoning Commission February 24, 1999 Page 2 of 9 ~,~ BRYSON MOVED TO APPROVE PZ99-05 -APPLICATION FOR A CONDITIONAL USE PERMIT. GOECKE SECONDED. No public comment. Discussion Goecke stated the area in question is already engaged in this type of enterprise, so has no problem voting in favor of Application. Vote Erwin Yes Bryson Yes Goecke Yes Newbry Yes Glick Yes c. PZ99-06 -Conditional Use permit -Storage Yard, for the property described as approximately 1801 Cone Avenue. (Described by the legal description KN T05N R11W S02 BEGINNING AT S~4 CORNER OF SEC 2 TH WEST 990 FT TH NORTH 330 FT TO THE POB TH NORTH 330 FT THN WEST 660 FT TH SOUTH 330 FT TH EAST 660 FT TO THE POB.) Application submitted by Beaver Loop Partnership, Warren H. Polsky, Partnership Manager, 4150 Vista Court, Anchorage, Alaska 99508. BRYSON RECOMMENDED APPROVAL OF PZ99-06 - CONDITIONAL USE PERMIT. ERWIN SECONDED. Public Comment Curt Wilcox, 3329 Beaver Loop Road, Kenai, Alaska. Mr. Wilcox stated his property adjoins the property in question. He provided the pictures already distributed. He stated he took the pictures today from his property. His property has a couple of views of the volcano (Mt. Redoubt) which he feels conflicts with No. 2, the value of his property. He bought the property after the storage yard was already established. He stated the Commission may see him again seeking permission to put a welding shop or woodworking shop on his property and would expect to receive permission to do so. Wilcox directed the Commission to the lower left picture of photos he had distributed earlier, to a tarped area under snow. In June of 1998, there were 55-gallon oil drums of undetermined substance. Wilcox expressed his concern regarding what could be in the drums. He stated he is not sure Beaver Loop Partnership is aware of what is stored on the property so can't say they are abusing the property. Everything else seems to be used oil-drilling equipment and there are some diesel tanks. It was too Planning & Zoning Commission February 24, 1999 Page 3 of 9 ~ snowy to get to the other side of the area, but gravel has been extracted and there are ponds adjoining the property. Wilcox stated he was concerned about contamination getting into his water well. He stated some of the equipment came from the Courthouse site, which was determined to be a contaminated site, so it raised the same question here. Wilcox asked the Commission to consider an investigation for contamination on the site before they grant approval of the permit. He also noted there is a closed radiator shop owned by the Beaver Loop Partnership that is another possible site of contamination. Also, scattered throughout the woods are several drums of dry cleaning fluid. A neighbor contacted ADEC last summer but has seen no action taken. Wilcox stated his major concern is the property be checked for possible contamination. Jeff Kohler, 4350 Beaver Loop, Kenai, Alaska. Kohler stated he has been a resident on Beaver Loop Road for the past 17 years and alife-long resident of the area. He asked if there was going to be a briefing on what has occurred regarding the permit and the zoning. Glick stated there is some briefing in the materials the Commission has received that the yard was started before a permit was obtained. Now the Beaver Loop Partnership knows a permit is required, so have submitted an application. Kohler stated he has seen the character of the area change in the last 17 years. When he first moved there, it was mostly gravel pits but since then has become a nice residential area, especially with improvements on Dolchok and Angler Drives. He owns an older home and works hard at keeping up the property value. Many new homes have been built in the area. He expressed his concern regarding industrial-type uses cropping up in the area. The gravel pits are grandfathered in but would like to see the rest of the area preserved for residential use. He feels the storage area is inconsistent with recent development. Kohler doesn't feel the Partnership should receive any special consideration just because they are already there and are only now applying for the permit. He is very concerned about environmental effects. The fact a lot of the equipment came from the Courthouse site should warrant consideration. The water table at the site is very high, there are abandoned pits on one side that are perennial ponds, some of the pits are into the water table and may have to be pumped to remove gravel. Wetlands are located to the rear of the property that adjoins the golf course area and there is currently drainage that goes along Angler Drive toward the Kenai River. He doesn't anticipate seeing any water or sewer into that area for a very long time but should be an added incentive to protect the area. He agreed with Mr. Wilcox that some environmental testing needs to be done there. Kohler feels many oil service companies come and Planning & Zoning Commission February 24, 1999 Page 4 of 9 go with the oil prices and economy and is concerned about having a bunch of abandoned, unsalvageable and unusable equipment that someone will have to deal with in the future. He expressed his strong opposition to this backdoor attempt to get a permit when they should have been more vigilant regarding permitting requirements before establishing the yard. Lastly, Kohler stated he would like to see a bit broader notification than the 300' notification, especially in areas of residential concern. Laura Sievert, 3329 Beaver Loop, Kenai, Alaska. Sievert stated she lives on property adjoining the property in question. Her house is about 200' from the site. She expressed her agreement with Mr. Kohler regarding the Partnership getting special consideration because the facility is already there. She feels this very thing has been happening along Beaver Loop Road. Mr. Cone's property is a gravel pit and the required tree buffer zone along the road was destroyed about three years ago and the owner has not been required to improve the property. She expressed her concern about things being "snuck in" because it is a residential area. Sievert is also concerned about water contamination. She asked if the Commission grants the request, they do so only with strict stipulations. Those stipulations being water testing and field-testing before granting the permit and then require regularly scheduled testing. Further, the owner lives in Anchorage and she doesn't believe he is aware of what is happening on the property. A couple of times equipment was stored on her property and the owner didn't know about it because there are people renting space from him. She asked that something be in writing to make sure the users of the property comply with any regulations the Planning and Zoning Commission puts forth. Bryson asked Sievert where her property was in relation to the storage area. Sievert answered it was Tract D-2. Discussion LaShot noted he had contact with Mr. Warren Polsky today. He is very sick with the flu and unable to attend tonight and asked that rather than risk a vote without his input here tonight, that the hearing be continued. Glick noted there was a letter in the packet from Chester H. Cone, who does not oppose the permit for this property. Erwin stated he was in favor of continuing the hearing because he has questions to put to the owner regarding storage of the equipment and then what will be done once the equipment is moved. Planning & Zoning Commission February 24, 1999 Page 5 of 9 1 ERWIN MOVED TO CONTINUE THE HEARING UNTIL THE NEXT PLANNING AND ZONING COMMISSION MEETING. GOECKE SECONDED. Vote Erwin Yes Bryson Yes Goecke Yes Newbry Yes Glick Yes Bryson commented there were some assertions made as part of the submittal form. If the City has additional comments to address those items, he feels it would be appropriate they be part of the record. Bannock stated for information the next Planning & Zoning Commission meeting is March 10. 5. NEW BUSINESS a. Ordinance No. 1813-99 -Title 4 (Uniform Building Codes) Amendment -Discussion Glick stated the ordinance is before the Council as a discussion item because it will be voted on for approval at the next City Council meeting. LaShot noted this adopts the new Building Codes. The two major changes include the building official's intent to eliminate the plot plan except in circumstances where he feels it is necessary. Also, the fees for plan reviews for residential construction would be going from 65% of the building permit fee to 20%. This was recommended by the City Manager. There has also been added some materials not allowed for water service installation, basically plastic. The rest of the ordinance is mostly substituting dates for new building codes. Glick asked Bannock if the Council required a vote from the Commission if there was something they wanted changed. Bannock clarified this was a Council ordinance before the Commission as a review item. 6. OLD BUSINESS -None 7. CODE ENFORCEMENT -None Planning & Zoning Commission February 24, 1999 Page 6 of 9 8. REPORTS a. City Council Councilman Bannock directed the Commission to the Agenda of the Council meeting of February 17, 1999. Mr. Frazer took his Oath of Office as the new Council member. Items of interest include the Cunningham Park Update. Anew plan was drafted which would keep river access at the park but not an access for motorboats. That plan was forwarded to the Kenai River Classic for review. The costs were greater than the money donated for the project and Mr. Nelson has developed it into athree-phase plan. The whole project will cost $150,000, $100,000 was donated for the improvements. Item H-6, Petition to Vacate, Shaginoff Subdivision. The Council adopted the Petition exactly as Planning and Zoning passed it, they approved the vacation of the right of way, they denied the portion of the walkway. Bannock noted he learned the Council only has veto power to veto a decision to vacate. The Council does not have any authority of denial, hence the Council stood on the Commission's decision. b. Borough Planning Bryson reported there was a meeting February 8 and reviewed its actions at this meeting because he was absent from the last Commission meeting. Under Section E: 1. Time Extension Request -Carlos Freeman was approved. 2. Land use permit - Eagleaerie Avenue, a gravel site requested by Doug and Sandra Stark was approved. 3. Plat Waiver Request - Rolco Pacific was approved. 4. Plat Waiver Application -George Johnson Swanson River area was withdrawn by the applicant. 5. Time Extension Request - Laubner Addition was approved. 6. Barge Floating Facility, Bay Barge Company at Resurrection Bay/Fox Island was denied. Public Hearing Items 1. Shaginoff Subdivision -approved right-of--way vacation, denied walkway easement vacation. The Trails Committee had reviewed this and recommended the same as the Commission. 2. Proposed Reclassification of Moose Point and Gray Cliff Subdivisions was approved. 3. Proposed Reclassification of Exit Glacier Subdivision in Seward was approved. Planning & Zoning Commission February 24, 1999 Page 7 of 9 4. Land-use Permit Application for a gravel pit in Cooper } Landing area was approved. Bryson reported on the actions of the February 22, 1999 meeting. E-1 Proposed Borough Ordinance 99-01, Creating a Residential Subdivision District, was postponed. E-2 Proposed Borough Ordinance 99-02, Re-enacting Definitions in Individual Chapters and Adopting a Single Chapter of Title 21 was postponed. Bryson noted both will have considerable discussion before they are voted upon. E-3 Public Hearing -Petition to Vacate 100' right-of--way on Ptarmigan Heights Drive. Involved four structures in varying degrees of encroachment. It was approved to vacate 10'right-of--way. The whole subdivision was platted with 100' right-of--way because of grade constraints. E-4 Public Hearing, Section line easement through two parcels of private property was denied. Persons in opposition made argument it was a used ski area and is about 50' away from Diamond Ridge Road. F-1 Public Hearing -Ordinance 99-10: Amending KPB Chapter 21.02 to provide for a member of the City of Homer to sit on the Kachemak Bay Advisory Planning Commission was postponed. H-1 Time Extension Request, Carl Sholin was approved. H-2a Plat Amendment Request, Stanford Subdivision was approved. H-2b Gruening Vista 1998 Addition was approved. c. Administration No report. 9. PERSONS PRESENT NOT SCHEDULED -None 10. INFORMATION ITEMS a. KPB "Notice of Planning Commission Action" of February 8, 1999. b. Letter to KPB dated 2/ 18/99 regarding Shaginoff Subdivision ROW Vacation c. "Zoning bulletin" -January 25, 1999 11. COMMISSIONERS' COMMENTS / UESTIONS Commissioner Glick welcomed Councilman Bannock back to the Planning and Zoning Commission. Planning & Zoning Commission February 24, 1999 Page 8 of 9 °, 12. ADJOURNMENT V GOECKE MOVED TO ADJOURN. MEETING ADJOURNED AT 7:42 P.M. Respectfully submitted, `~f ;n.7,~ L C~,~i~ Victoria Askin Contract Secretary Planning & Zoning Commission February 24, 1999 Page 9 of 9