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HomeMy WebLinkAbout1999-05-12 P&Z MinutesCITY OF KENAI ~ PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS AMENDED AGENDA May 12,1999 - 7:00 p.m. http : //www. ci . kenai . ak. us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: Apri128,1999 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: 5. NEW BUSINESS: 6. OLD BUSINESS: a. Ordinance No. 1818-99 & Ordinance No. 1817-99 (Administrative Exemptions for setback requirements.) b. PZ99-10--Preliminary Plat--Beaver Creek Lookout 7. CODE ENFORCEMENT: 8. REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: a. Zoning Bulletin (April 10 & Apri125, 1999) b. KPB Administrative Approval -Spruce Grove Murphy's Replat 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS May 12,1999 - 7:00 p.m. http://www. ci.kenai. ak.us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: Apri128,1999 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: 5. NEW BUSINESS: 6. OLD BUSINESS: a. Ordinance No. 1818-99 & Ordinance No. 1817-99 (Administrative Exemptions for setback requirements.) 7. CODE ENFORCEMENT: 8. REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: a. Zoning Bulletin (April 10 & Apri125, 1999) b. KPB Administrative Approval -Spruce Grove Murphy's Replat 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: '~ CITY OF KENAI PLANNING 8a ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS May 12, 1999 - 7:00 p.m. http: / /www.ci.kenai.ak.us 1. CALL TO ORDER Chairman Glick called the meeting to order at 7:00 p.m. a. Roll Call Members Present: Carl Glick, Ron Goecke, Barb Nord, Donald Erwin, Robert Newbry, Phil Bryson (arrived at 7:04 p.m.) Others Present: Councilman Duane Bannock, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper b. Agenda Approval: An amended agenda was provided to the Commission prior to the start of the meeting. GOECKE MOVED TO APPROVE THE AMENDED AGENDA AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY NORD. AGENDA WAS APPROVED AS AMENDED. c. Approval of Minutes -April 28, 1999 NORD MOVED TO APPROVE THE MINUTES OF APRIL 28, 1999 AND ASKED FOR UNANIMOUS CONSENT. GOECKE SECONDED THE MOTION. WITH NO OBJECTIONS NOTED THE MINUTES WERE APPROVED AS WRITTEN. d. Consent Agenda - No Consent Agenda items. 2. SCHEDULED PUBLIC COMMENT: None 3. CONSIDERATION OF PLATS: None 4. PUBLIC HEARINGS: None 5. NEW BUSINESS: None Planning & Zoning Commission May 12, 1999 Page 1 °; 6. OLD BUSINESS: a. Ordinance No. 1818-99 and Ordinance 1817-99 (Administrative Exemptions for setback requirements.) GOECKE MOVED TO APPROVE ORDINANCE NO. 1818-99 AND 1817-99. MOTION SECONDED BY NORD. Kebschull reported Council was concerned with the ordinances regarding administrative exemptions as they felt adjacent property owners wouldn't have the opportunity to comment. The last time council reviewed the ordinance, they requested administration to revise it to require the applicant to notify the adjacent property owners of the request for administrative exemption. If no objections were received, the applicant could return for the encroachment or variance. Bannock stated he wanted to hear comments from the Planning and Zoning Commission regarding administrative exemptions and reiterated Council was concerned adjacent property owners wouldn't have the opportunity to comment. He added, Council feared property owners would come back if they had problems with it. Goecke asked what Council was concerned about when the Building Official does a good job. He also asked why Council was reluctant to let the Building Official do his job. Bannock responded by stating the concern was with the adjacent property owners not being able to respond as there was no mechanism in place for that to happen. Nord asked if the Code could be amended to notify adjacent property owners who were 100 to 200 feet away from the property in question. Goecke indicated he would have a problem with a code change as the only properties that would be affected would be the adjacent owners. Bryson agreed with Goecke and added, if any one of the three objected, then the request would be rejected. Glick noted the ordinances were designed to make things easier for these types of variances or encroachments and this seemed to make it more difficult. Bannock stated the ordinances would allow the Building Inspector to become Planning and Zoning and this was just a shortcut to the process. Erwin stated the ordinances were an attempt to make things easier but if Council was uncomfortable with them there was no sense to go with it as everything pushed through would come back. Planning & Zoning Commission May 12, 1999 Page 2 VOTE: BRYSON NO ERWIN NO GOECKE NO NORD NO NEWBRY NO GLICK NO MOTION FAILED UNANIMOUSLY. b. PZ99-10 -Preliminary Plat -Beaver Creek Lookout GOECKE MOVED TO APPROVE PZ99-10. MOTION SECONDED BY ERWIN. Kebschull noted the applicant was in attendance to answer any questions from the Commission. Kebschull reported Administration originally required a note be placed on the plat requiring the lots maintain single ownership due to the non-conforming lot size. Miller advised the City his financial agency indicated the note requiring single ownership would not satisfy the institution's requirement to qualify for a loan. Miller submitted the plat in an attempt to obtain financing to build a home and he reiterated he had no plans to sell Lot 1. Kebschull continued, Administration recommended the note regarding Lot 1 be changed as noted in the Kenai Peninsula Borough Subdivision Regulations, Chapter 210.14.080 as that would satisfy the Borough, ADEC, and the City's concerns. Miller stated the request would separate the lots by removing the restrictions from the larger lot (Lot 2). Bryson reported the items were on the Borough's Planning agenda on May 10~ and both were recommended for approval. Bryson asked Miller if he discussed his plans with Borough personnel. Milled replied, he did not but he was aware the Borough would not change unless the City initiated it. Bryson indicated Miller would probably still have to go through the Borough. Miller answered, the item would go to the Borough for review once it was through this process. Bryson reported it was not an unusual situation for larger tracts to have such restrictions. VOTE: ERWIN YES NORD YES BRYSON YES MOTION PASSED UNANIMOUSLY. 6. CODE ENFORCEMENT: None GOECKE YES NEWBRY YES GLICK YES Planning & Zoning Commission May 12, 1999 Page 3 ~ 7. REPORTS a. City Council Councilman Bannock gave his report based on the May 5, 1999 City Council agenda. Items C-1 and 2 were passed unanimously. Item C-2 was the land intended for the Kenai Public Health Center. Item C-3 was an ordinance setting aside $737,000 for the Multi-Purpose Facility. He explained, the bids came in over the budgeted amount so three scenarios were being considered: a possible re-bid with ascaled- down design; the user groups come up with the additional funding; and full phase development funded 2/3 by private dollars. Item C-4 was passed and had a lot of interest by the City as the barges could be built at the APC fabrication site in Nikiski rather than out of state. Item C-5 and 6 were approved. Item C-6 was approving reimbursement of moving expenses for the new Librarian. Item H-5 was an item Bannock requested be added to the agenda for discussion. b. Borough Planning Bryson reported the Borough Platting and Planning meetings were held on May 10, 1999. All Plats were approved. Item E-1 on the Planning agenda was recommended for approval. All items under Public Hearings were approved. c. Administration Kebschull reported the RV people responded to the enforcement letter and stated the RV was being used for residential purposes. In cases such as this, she explained, the City had no other option but to keep an eye on the situation. Kebschull also reported staff had been getting a lot of calls regarding junked cars, garbage and debris. 8. PERSONS PRESENT NOT SCHEDULED: None 9. INFORMATION ITEMS: a. Zoning Bulletins (April 10 & Apri125, 1999). b. KPB Administrative Approval -Spruce Grove Murphy's Replat Planning & Zoning Commission May 12, 1999 Page 4 10. COMMISSION COMMENTS 8s QUESTIONS: Commissioner Bryson apologized for arriving late to the meeting and asked if he could make changes to the Minutes of April 28, 1999. NORD MOVED TO ALLOW COMMISSIONER BRYSON TO NOTE HIS CHANGES TO THE MINUTES OF APRIL 28, 1999. MOTION SECONDED BY GOECKE. Bryson stated it was his intent to say the following: Page 4, first Bryson paragraph should read: If the City of Kenai requested to be listed as an additional protective party with regards to liability that you and Grace Drilling have entered into, is that in the realm of a possibility. Page 7, Bryson paragraph should read: Yes, ground water contamination is serious in any case where the site was in the downtown area. The area was served by a public water source elsewhere. The situation where it is now, the contamination could be disastrous to the people who live in the area or down gradient, and that is a major concern I have. Granted, it apparently has not happened. yet with the commercial use in the area but it could very easily. Page 9, Bryson paragraph should read: Just one other area and I'm unfamiliar with it but I presume that occasionally radioactivity becomes associated with some of the drill pipe. I'm aware this equipment has been down hole and it's likely to be contaminated with anything that it's in presence with. Whether it washes off the equipment, it may or may not affect the soil conditions. I think the groundwater is vulnerable in that area. The ground water is transitory, it's flowing sideways. Page 11, Bryson paragraph should read: I would just like to reiterate the one point that the question was specific to that area. It was residentially zoned and the area down gradient is also zoned rural residential.. The intent would be to utilize it as residential when reclaimed. It's unlikely there would be a public water system. The Minutes of Apri128, 1999 were approved with the revisions noted by Commissioner Bryson. Commissioner Nord asked Councilman Bannock what the status was on getting a new commissioner. Bannock replied, there was no new information on the subject. Planning & Zoning Commission May 12, 1999 Page 5 11. ADJOURNMENT GOECKE MOVED FOR ADJOURNMENT. MEETING ADJOURNED AT 7:40 P.M. Respectfully submitted, Barbara L. Roper, C act Secretary Planning & Zoning Commission May 12, 1999 Page 6