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HomeMy WebLinkAbout1998-06-24 P&Z MinutesCITY OF KENAI - ~ ~ PLANNII~~ AND ZONIN.~ COMMISSION ,. AGENDA '~~ KENAI CITY COUNCIL C)~AMBERS June 24, 1998 - 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: June 10, 1998 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: ~:, ;. 6. PUBLIC HEARINGS: y~ s-;! €_ a. PZ98-28-An application to amend Conditional Use Permit PZ95-30 to include a erusfiing plant and an asphalt plant for the property described as Tract 6, Horseshoe End at River Benda: Subdivision (approximately 2113 Beaver Loop Road). The original permit (PZ95-30) was issued for Extraction of Natural Resources. Application submitted by foster Construction, PO. Bow 303, Soldotna, Alaska. Continued from June 10, 1998. 7. NEW BUSINESS: a. PZ98-30-A resolution of the Kenai Planning and Zoning Commission recommending thatahe Kenai City Council approve the Historic Preservation Plan for the City of Kenai: E 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: a. PZ98-08-Variance Permit (Oversize Sign}-One Stop Grocery 10. REPORTS: a. City Council b. Borough Planning .: ~~ .~ ',`._ .._._' -_ __ , . , c. Administration -~-~ «-~' 11. PERSONS PRESENT NOT SCHEDULED: r , - `_~~ ~ F 12. INFORMATION ITEMS: ? .- ,,;; a. State of Alaska 2000-2002 Statewide Transportation Improvement Plaf~~STLP)• Ev~~uat~ Criteria ~ ; b. Kenai Peninsula Borough Trail Plan & Preliminary Needs List ~ :`jl ~ • ^~ ~,t fs c ~~ t ~.< 13. COMMISSION COMMENTS & QUESTIONS: ~ ~ l ~ ~, 14. ADJOURNMENT: `' ,'-' ~~~-~- - . •~' Approved CITY OF KENAI PLANNING AND ZONING COMMI~ June 24, 1998 - T:00 p.m. Chairman: Carl Glick *** MINUTES *** Chairman Glick called the meeting to order at 7:00 p.m. 1. ROLL CALL: Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord, Karen Mahurin, Art Graveley Others Present: Councilman Hal Smalley, City Attorney Cary Graves, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA: GOECKE MOVED TO APPROVE THE AGENDA WITH THE ADDITIONAL ITEMS HANDED OUT PRIOR TO THE MEETING AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY MAHURIN. AGENDA WAS APPROVED AS PRESENTED. 3. APPROVAL OF MINUTES: -June 10, 1998 Graveley requested his last name be spelled correctly in the June 10, 1998 minutes. MAHURIN MOVED TO APPROVE THE MINUTES OF JUNE 10, 1998. SECONDED BY GOECKE. Mahurin and Werner-Quade stated the person identified on page 21 as Vesta Leigh was actually Jo-An Buzzell. The name needs to be corrected. THE MINUTES OF JUNE 10, 1998 WERE APPROVED AS CORRECTED. 4. PERSONS SCHEDULED TO BE HEARD: None 5. CONSIDERATION OF PLATS: -None Planning & Zoning Commission June 24, 1998 Page 1 Approved 6. PUBLIC HEARINGS: a. P298-28 - An application to amend Conditional Use Permit PZ95- 30 to include a crushing plant and an asphalt plant for the property described as Tract 6, Horseshoe End at River Bend Subdivision (approximately 2113 Beaver Loop Road). The original permit (PZ95- 30) was issued for Extraction of Natural Resources. Applications submitted by Foster Construction, P.O. Box 303, 3oldotna, Alaska. Continued from June 10, 1998. GRAVELEY MOVED TO APPROVE P298-28 -APPLICATION TO AMEND CUP PZ95-30. MOTION SECONDED BY GOECKE. Glick noted this was a continuation from the last meeting but a public hearing will be allowed as it was advertised. Glick requested those individuals wishing to speak to the item to come forward, enter their name on the sign in sheet and state their name and address for the record. Glick also stated that testimony will be limited to 3 minutes. Verbatim Begins Phil Nash, 110 S. Willow, # 104, Kenai, Alaska - I hope that wasn't included in my three minutes (he signed in). Glick: That will start now. Nash: Again my name is Phil Nash, my office address is 110 S. Willow, # 104, Kenai. I represent the estate of Waldo Coyle, currently administered by George Goerig, Esq. and Sue Wright, Beneficiary. A... an official of the City yesterday suggested to me that the commission members might not understand that I am an attorney paid from the estate assets ah... (illegible) and that I should disclose that fact to you tonight in case there was any question about where my pay may be coming from. Members of the Commission, Mr. Chairman, I have...I'm going to try and...and...direct myself to about five issues tonight. The first one is a potential for a procedural error. The notice for the public hearing was an application to amend the Conditional Use Permit, PZ95-30. The motion at the hearing on June 10 was to approve an amendment to that conditional use permit. There was considerable public op...opposition. Planning & Zoning Commission June 24, 1998 Page 2 Approved. It was again brought up as a motion to amend tonight except that yesterday the City informed me that it is now, apparently, considering this, or maybe considering this, as instead a new application under Section 150, which has much less stringent requirements and not an amendment under 151. Now, I'm not sure that that will come before you tonight but of course we are here under a public hearing so I can only address those issues that I... I think I'm aware of. My point is, if that does come to you tonight, in further proceedings in this matter, I would suggest to you, and...in fact I would submit for the appeal record, that the public notice, if that is an amendment, the public notice is thereby procedurally defective, the motion placing the matter before the body last June 10, wha...what it was, would be procedurally defective, the motion bringing the matter on before you tonight would be procedurally defective, it would violate the whole concept of your...your municipal code and the state law and the Constitution of the State of Alaska. I hope that won't come up tonight. Next section, to the extent that this is in fact an amendment process, which is what is setting on before you as, my first point is that there is no special advantage to an amendment and...and....I would suggest it's important for you to remember that. Kenai Munic...Municipal Code 14.20-158(b) provides that a permit holder may amend his site plan and statements by filing an application for amendment, etc., etc.. The commission shall approve the application for amendment if the original application would have been approved had it contained the provisions of the application for amendment. So, the theory is...is to remember you can't boot-strap something in by giving one permit first and then trying to amend later and slide it in on its own. They all have to work together. To the extent that this is a Conditional Use for Surface Extraction of Natural Resources, there's another matter that's very important relative to your code, Kenai Municipal Code 14.21.151, provides in pertinent part that the application for the conditional use permit, this would be the same for an amendment for that use permit, to engage in the surfin...surface extraction of natural resources shall be in writing, etc., have to have a site plan, all the rest, number 7, under part (a) is very important, location and nature of other operations. The next thing, Findings Following a Public Hearing. Kenai Municipal Code 14.21.154 (a) provides that upon the basis of the application, supplemental information and the public hearing, the commission shall Planning 8~ Zoning Commission June 24, 1998 Page 3 Approved make a determination. Folks, that is a finding of fact for the courts. A determination as to whether the need for the particular natural resource, which will be of course crushed gravel and asphalt, within the City of Kenai outweighs any detrimental effects the operation may have on surrounding property owners. Glick: Mr. Nash, you're way past 3 minutes already. Nash: I... I would ask for special consideration to be able to permit since I'm arguing the law and not an emotional issue. Glick: Only if somebody else in the audience is willing to give up their time. (Three individuals indicated they would give up their time) Nash: Thank you. Item number 4 maybe important for you to take a look at, and that is your annual report requirements. Kenai Municipal Code 14.20.155(b) provides that the permit holder shall submit a yearly report. Have there been annual reports? Now, I'm not saying there haven't, I am saying that the file, at least, that I looked at did not include any annual reports. If there had been no annual reports, should the existing permit not be terminated under KMC 14.21.57? Next point, To the extent that this may be a new conditional use permit brought before you tonight, 14.21.50(a) provides generally that there are some uses which may be compatible with the principal uses in some zones if conditions are met. (b) (1) provides, uses not specifically permitted in the zone concerned may be permitted providing the following conditions are met, this is included on the front. Part (ii), such uses must be in harmony with the intent of the zone. Now, well come back the intent of the zone in a minute. Section (b) (2) is even more important, it provides, and this is important. Development and extraction of natural resources which can be mined underground without substantially disturbing the surface of the land may be permitted, providing the benefits to the City in terms of economic development must outweigh any adverse effects on the adjoining properties. Ladies and Gentlemen, I would submit it would be absolutely preposterous to assume that your code would permit the development of something underground, I mean, make the requirement on the development of something underground only if the benefits of the Planning & Zoning Commission June 24, 1998 Page 4 Approved ter...and...the...the City in terms of economical development outweigh any adverse effects of the...to the adjoining property owners, and they'll make the same requirement if it is above ground. Kenai Municipal Code 14.20.150(b)(3) then provides that if you're going to have a surface extraction you got to do it under the other surface extraction code which is the 151. Which Ike already talked to. Now, we'll hit probably the most important one, that is the intent of rural residential. Kenai Municipal Code 14.20.080(a)(2)(i) provides the intent of the rural residential zone to be as follows: The rural residential zone is intended to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment. The specific intent in establishing this zone is to provide uses which would violate the residential character of the environment. Does a rock crusher and an asphalt plant violate the residential character of the environmental specific intent of that zone required under your code? After the last hearing I read in the Clarion, as you probably all did, that the City of Soldotna had recently awarded a paving contract to Foster Construction. I wrote to the City Manager, tried to determined if there were provisions in the contract for the batch plant to be located in Soldotna. A copy of that is included in the packet I will be giving you as (illegible). His responding letter is interesting and I am also providing that for a copy of the record, but Note 3, paragraph 3 of the letter; Finding an acceptable site so as not to affect a beautiful and quiet bedroom community may be difficult to do as most citizens consider their neighborhoods to be just that. Now, Mr. Bodecker's letter also addresses existing screening and asphalt plants. One is as you enter Soldotna from Kenai. I got a copy of a brand new map from the Borough that's marked Waldo Coyle Exhibit "E", Kenai Peninsula Borough GIS Plat Map 18, everybody knows about it, can take a look at it, it'll be a part of the record. At the last meeting I gave you a copy of Ruby's Dazzling Scenic View Subdivision, I now would refer you to the Kenai Peninsula Borough GIS Plat River...Plat Map Kenai River 6, this is the area we are interested when you look at it (Nash is holding the plat map up) you will notice that Ruby's Dazzling Subdiview...Subdivision is not yet in this Section 10 but it does show the location of most of the homes of these folks who are here tonight, perhaps you may want to put it up so that they can show Planning & Zoning Commission June 24, 1998 Page 5 Approved you as they come up to testify where their little piece of the rock is. I have one last comment. Members of the Commission, Mr. Commissioner, if it would be difficult to find an acceptable site in the City of Soldotna to put a rock crusher and an asphalt plant, why would it be easier in the City of Kenai? I can assure you that the citizens of the City of Kenai consider their rural residential bedroom communities to be just as beautiful as do the cities.... citizens of the City of Soldotna. Thank you. Nash: I would like to... if I may approach? (Nash handed out the "Objection of Waldo Coyle Estate" -copy included as part of the record). The one with the yellow is for the official record, I have copies for... of the entire packet, for the members of the Commission who would like to have them. Here's more of Exhibit "E", and I will either give this one to you (talking about the plat map) or leave this one here depending on how you want it, for whoever wants to read it. Glick: You can let it there for the moment. Nash: Okay (laid map on floor in front of podium). Okay, because I doubt that anybody would be much interested in me for the rest of the night, I would ask to be excused. Glick: Okay, thank you Mr. Nash. Dave Knudsen, 4460 Beaver Loop, Kenai, Alaska - I need to sign in (gave up his time for Nash). Mr. Nash took most of my time. Ah... Curt Wilcox asked me to ah... make sure you had a copy of his letter and... the point that he wanted me to bring up was the request is not consistent with the intent of the details of the City Code in reference to; such uses must be in harmony with the intent of the zone. And...so I...you..you have a copy of this don't you? And... Glick: Sir, would you state your name also. Dave Knudsen, I live at ah... 4460 Beaver Loop, and... and... and I concur with ah... Mr. Wilcox. So, you have a copy of this right? Glick: Yes. Planning & Zoning Commission June 24, 1998 Page 6 Approved Knudsen: Okay. Glick: Thank you. Anyone else in the audience wishing to speak to this item? Lloyd Richardson, 495 Dolchok, Kenai, Alaska -and I'll onl....only use my 30 seconds. The reason we bought in that particular area is because it was rural residential, also that there were covenants in the area maintaining the value of the properties and I believe that an asphalt plant and rock crusher would deteriorate the value of the ah... neighborhood as well as the ah...surrounding area. Ike delivered a lot of gas and diesel to ah...asphalt plants in the past in the Lower 48 and every one of them had a certain fragrance about them that I don't believe you would want blowing in your bedroom window. Thank you. Glick: Alright, thank you. Anyone else wishing to speak? Delora Garcia, 2528 Dolchock, Kenai, Alaska - My husband was at the last meeting and he told you how he felt about this and it has not changed. I'm sure you all remember how much he was against this. Thank you. Gordon Gifford, 1509 Barabara Drive, Kenai, Alaska - I will look right at it. Ike been there 27 years in that house. I did not have any... couldn't have perceived of any way that I would be living next to an aspalt plant. I've installed em', in California, I've been around crushers. Also on the way to Anchorage this last week, there is one operating in the Pass. None of you want it in your neighborhood putting out sp....stack off the asphalt...a stack dust, a plume of dust off the crusher. I don't think we need it in our neighborhood. It's rural residential....I...I don't understand even why we have to fight it. Why is it going in? I don't understand it, but I guess well have to fight it. I don't understand why, we don't want it, we don't need it. Put it out on Marathon Road somewhere, get it out of our neighborhood. Let him truck his rock to Marathon Road. Crush it, burn it and...hopefully, the Airport may not like it. I'm against it, I hope we don't have to take it further. Thank you. Victor Hett, 150? Barabara Drive, Kenai, Alaska -Good evening, my name if Victor Hett. I'm....I hate to come here again like I did two weeks ago. Um... as the rest of these people, my feelings have not changed. I noticed in Mr. Foster's letter that there's ah...mention of the traffic would Planning & Zoning Commission June 24, 1998 Page 7 Approved be less because they will all go towards the Bridge Access. Well, getting out of my little street, I live on 1507 Barabara Drive, stepping back, I~1 also be looking right at it, smelling it, listening to it, I don't want to do that. Um...I don't know who's going to pay for fixing Beaver Loop cause it's kinda going to pieces as we mentioned last week, and getting out of my road is a problem, even now, but with the trucks it's even worse in the summer. Ah... they continually run the stop sign there at Bridge Access, which, I'm not the law so I guess that's not my worry except that is a bad intersection. We kinda put up with the gravel pit, um... the only reason may be now is that (illegible) in the road, but I'm concerned about the noise and the smell, and I noticed in Mr. Foster's letter that this pit, or this ah...crusher and ah... blacktop machine appears to be about 11 years old. Ah... Mr. Gifford speaking of the one up on the Pass, I'd like to know how old that one is, but I can expect 11 years ago there was not such stringent requirements as there are today. So, I...I hope, as Mr. Gifford says, I hope we don't have to go farther with this but we are prepared to do so because my house would not be worth much if this happens and I hope that maybe Mr. Foster would like to buy it because I don't want to live there if this happens. Thank you. Glick: Okay, thank you. Anybody else? Nolan Compton, 2785 Beaver Loop Road, Kenai, Alaska - I live just basically about 300 yards from where the proposed plant is to go. Um... I guess, from looking at the letters and looking at what is in here about the Department of Environmental Conser...Conservation, I'm sure that this plant's going to probably meet all the air quality and all the um...soun...all of the air quality and probably water ah...as far as creating any environmental problems but the Department of Environmental Conservation is not concerned about noise, there's no...no real regulations there and there is no real regulations about odor. Ah...odor is probably what everyone seems to be more concerned about and the noise that~l be generated, obviously the dust. I can't believe that a City, in it's infinite wisdom, would consider the fact that you have a high school that is located directly (pointed out on wall map) across from this area. You have our golf course that's located there, you have our baseball field that's located there, when this plant is running, all those people are going to smell it. They may not hear it, they may see some of the smoke from it but they are definitely gonna smell it. The DEC doesn't regulate odor and this system, I'm sure, is going to have odor to it and that's gonna be a consideration that we need Planning & Zoning Commission June 24, 1998 Page 8 Approved to think of for our City. Um... it's something that if you're playing a round of golf it wouldn't be very inviting to be out there. Ah...maybe everyone would go to Soldotna and play golf over there because they won't want to visit our golf course over here. There's just a lot of factors that seem to be going on with this and I guess back to the basic, I don't understand why we're even considering it in a residential area. Ah... it would seem like coding states that is a manufacturing, he's manufacturing asphalt, that's not really what the community is designed for, and I guess if you boil it all down, um...noise and odor and just the fact that it is a bedroom community and it's very nice down on Beaver Loop and I don't see where the tourists would find it very enjoyable to go to Cunningham Park anymore. It's just...you know... overall just seeing what Ibe seen of asphalt and what I vision of an asphalt plant, it's just something I don't think would be necessary in the community. I know that some way or another there is going to be one because there is a lot of asphalt needed and it's going to come to this area as we continue to develop but maybe we should look at other areas for the location of this particular plant. Thank you. Glick: Thank you. Anyone else in the audience wishing to speak to this? Jim Krein, 365 Dolchok, Kenai, Alaska - ah... I was here last week ah... indicating my displeasure with ah... the site ah... selection for this endeavor and ah... thought about it for a couple of weeks, I'm sure as a lot of folks here and sitting out in the audience have and I kept coming back to the downtown area and our kids in the schools. Ah... granted, this operation will not be ah...year around operation, but the prevailing winds do (pointed out area on the wall map behind the podium) hit the core area of town. Um... in a business setting, I...I...I read the ah...the paperwork, and maybe four weeks out of the ah... summer, but when you're in business, when somebody knocks on the door, you react. Alls I can see is a time frame from about the last part of the school year going up through and including the football season where that particular area of town where the prevailing winds. Well the airport's (pointed out area on map again) at 019 and the prevailing winds are from the south, ah...a good 75% of the time, the wind is going to be blowing this way. When you put a plume here and it starts fanning out, you'll be covering the high school, the middle school, the elementary school, the grounds that currently, or in a few weeks here, are going to have at least 4 to 500 kids playing soccer every night, not to mention all their ah.... family. The golf course was mentioned, ah... so i...i...to me it comes back to that, um... I Planning & Zoning Commission June 24, 1998 Page 9 Approved don't think those people want to ah... be exposed to that. Ah... a permits a permit and you know that it allows things to operate within a certain limit set by whatever agency the permit comes from, who monitors that is left up, generally, to the operator. Ah...I have ah... serious doubts about ah... the permitting system. The other thing I would like to ah... remind you of is we just had a similar situation here recently where ah... a residential area put up ah... put up a bit of a stink about a commercial building going into their residency area and you folks went through some grief on that and finally ah... agreed with the owners of the property that was zoned residential to disallow the commercial entity to come into their area. I think basically for the same reasons all these people are talking about this evening is we are residential area, we do not need a commercial entity, especially one that is spuing out odors and dust ah... I think that youxve set the precedence there and I hope you continue ah... with your voting this evening to disallow this ah... endeavor in that area. Thank you. John Coston, 4T0 Dolchok Lane, Kenai, Alaska -Good evening, my name is John Coston, excuse me... um... I live at 470 Dolchok. You know, I still have a concern about the increased road traffic, but you know, I've got additional concerns about ah... the rock crushing and asphalt plant. Urn... I was in construction years and years ago so I know what batch plants smell like, I know what rock crushers are like. I did read Mr. Foster's letter saying he does have a scrubber and he's using it, what was it, a roller I believe was, to crush smaller rock, but... but what I do know is many businesses build outside city limits because of the type of business they are, especially if they have ah...loud noise and smell. You know, smell and noise are real typical of batch plants. The one thing I'm not really sure about is the scrubber, it's a water scrubber and effective...effectiveness of the scrubber. Ah... what I'll give to you is ah... some information from OSHA about asphalt fumes and the ah...carcinogenic effects. Another thing that I have ah... a little concern with is asphalt when it's sampled, check the quality of the sample, there's various methods. One uses ah... solvents with the asphalt in the centrifuge. Those solvents are typically like carbon tetrachloride and tetrachloride ethylene, those are known carcinogens. In North Carolina the State DOT is spending about, I think, about 21 million dollars doing some clean up of a ah... batch plant, so, what I'll do is I'll give you ah... information I have from OSHA (handed to Chairman Glick) and I'm still against the...the plant right now. Planning & Zoning Commission June 24, 1998 Page 10 Approved Glick: Thank you. Anyone else in the audience wishing to speak? Jennifer Richardson, 495 Dolchok, Kenai, Alaska - I live at 495 Dolchok Lane just off Beaver Loop and I also spoke two weeks ago to...to this group regarding concerns. I have the same concerns um... my concerns would be the same even though this letter says it's only going to be 200 tons per hour rather than 5 or 600 tons - 200 tons per hour is a lot of rock being crushed and there will be noise, and there will be dust, there will be traffic, more traffic in and out of there and I still have the concerns about the air quality, water quality, our wells, our ground water, and the safety of the children. Thank you. Glick: Thank you. Henry Knackstedt, 1602 Barabara Drive, Kenai, Alaska -Good evening, I'm Henry Knackstedt, ah... 1602 Barbabara Drive, and ah... I voice the same concerns my neighbors have in support of them and this document that Foster submitted and it was received by the City on July 17t'', I just picked it up and was reading through it and.... and I'm not necessarily qualified to understand all of it, but... picked up little bits and pieces and...and... I was frankly more concerned about the crusher and the noise and I picked up on this other thing ah... in his... in his third paragraph he says, the only exhaust from the stack emits...the only exhaust the stack emits is steam from evaporation of moisture and aggregate being processed. Okay, it's just water vapor...but then when I look at Exhibit B, which is part of the permit, and ah... it indicates that particulate matter, this is for a lot more open.. operating hours than they're planning on but it's what they are permitted for, ah... it page 17... 7 of 13, particulate matter is about 30 tons per year, that's about, oh what, 60,000 pounds in a year, Sulphur dioxide, 136.7 tons, roughly about 240,000 pounds in the air, it's not steam. I figured that it might be and then on the next page of Exhibit B continued, nitrogen oxides, nearly 100,000...or ah... 1,000 tons a year, that's about 180,000 pounds, and I didn't figure any of the others, but carbon monoxide, 39.3 tons, remember a ton is 2000 pounds so... so you need to calculate and then Volatile Organic Compounds, those are ah... um...oils and stuff that, you know, you can smell, 26.2 and ah... there are probably some other miscellaneous things that they don't permit or look at or whatever, but ah... perhaps when Jack comes up he can kind of explain how that... maybe their equipment does take that out and...I would like to say too that Foster Construction is always ah... a real good firm and Planning & Zoning Commission June 24, 1998 Page 11 Approved everything like that, I... ah... but they are in my neighborhood and... I... don't really mind....the pits there, you know, and ah... they're...they're... they're making something of their property um...but um... the asphalt plant I'm kinda marginally concerned about because of the...but...my neighbors are very concerned about....about that and the odor and I'm probably far enough away where that's not a concern, however, the noise from the crusher and... and more consideration is something that I...I am concerned about and reading through Jack's letter here, or Steve's, um... you know... ah... perhaps ah... I haven't experienced that particular crusher and maybe I am overreacting but... I'm not so sure. Thank you. Glick: Thank you. Jeff Kohler, 4350 Beaver Loop Road, Kenai, Alaska -Everybody who spoke to you here... we... we each have a different concern, some of them overlap but I think just based on the number of people that are willing to show up here a second a night, you can get a gist for how the neighborhood feels about it. One of my concerns is...you get one...one heavy industrial use foot in the door in the gravel pit, what's next? I think each time that th...the...the door is opened it...it sets a precedence and makes it much easier for the....for the next issue to come in. Ah... a lot of us are in a position...myself I bought ah... ah... Alaskan architecture home at the peak of the market, I've been working hard and fighting to keep its value up and I think these are the kind of things that will...will keep eroding that, my ability to sell that and see any of my money back with the heavy traffic and the other issues that are (illegible) but...but just look at the people, a lot of these people came out second time, I know you folks are here every other Wednesday night, you know, certainly appreciate your work and I know that you...you tend to take a lot of flak for some of your decisions you make but this is ah... this is an issue that ah...normally I'm not real vocal in coming out in these kind of situations but I felt it necessary this time. Thank you. Glick: Sign in Sir. Sir, would you sign in please. (Kohler signed in). Thank you. Anyone else in the audience wishing to speak? John Admire, 410 Rogers, Kenai, Alaska - I live a b...a bit more removed than most of the folks you...you've ah... heard from tonight, I live up at 410 Rogers, which is up on the, kind of the... the small bluff that overlooks the whole Beaver Loop area and I would say.... I see a Planning & Zoning Commission June 24, 1998 Page 12 Approved couple of my neighbors out there as well that...we up there on that...in that neighborhood have some of the same concerns, the odor and the...and the visibility concerns that might come up. Ah... I just came aware of this a couple of weeks ago, so I haven't had a lot of opportunity to look at the air permit or...or see how it permitted....I....I do see that it is...I.... I notice that Mr. Foster indicates that hell be ah... using this facility on a limited basis, more for residential rather than commercial uses but he is permitted to operate 8760 hours per year, which is basically full time, all year long. Ah... don't know if the...the...permit that the City would give them would limit the use, the time span that they can operate the plant but they are permitted to operate full time, all year long. Ah....anyway, just wanted to ah... make sure you understand that...there...people outside of the Beaver Loop area that have some concerns as well. Thank you. Glick: Thank you. Mark Larson, 3040 Kim-N-Ang, Kenai, Alaska - Hi, I'm Mark Larson, 3040 Kim-N-Ang, just off of Dolchok. I just drove into town and...and got here a little late so I hope... what I... I ah... was going to get up and and...and address the same things that I guess that um... that Jeff Kohler, Mr. Kohler did. Ah... I'm against the plant or any kind of industry coming in. I bought my...my property because it was a little neighborhood that, although it doesn't have covenants it was ah... it's ah... a very nice neighborhood and it's kind of ah... kind of has the best of both worlds, it's kind of rural but it's in between both and... and... and I think if you let one industry in the door it kinda does set a precedence and ah... and I think it would... it'll just have ah... real detrimental value on the ah... on the land. Thank you. Glick: Thank you Sir. Anyone else in the audience wishing to speak? One more time, anyone else wishing to speak? Jack Foster, Mile 1-1/4 Forest Lane, 3oldotna, AK - Kinda opened a can of worms here it looks like and ah.... Glick: State your name also for the record. Foster: Okay, I'm Jack Foster with Foster Construction, and um... you know with that letter, my intentions with that letter was to try relax this whole thing a little bit and... and because that's what it is... this plant Planning & Zoning Commission June 24, 1998 Page 13 Approved is...on it...I'm putting it up right now. In fact I...why...I'm...didn't make it home tonight first but putting the plant up in Ridgeway and that's where our big gravel pit is. That's where we have 60 acres worth of gravel and it's good crushable gravel, it's ah... actually better crushable than what we have here in Beaver Loop. Beaver Loop is small rocks so it takes more of it and... and there's more sand reject ah... my intentions to put this in Beaver Loop have not changed from the very first meeting. I might not have made myself clear but it is more or less a job to job type situation. Ah... I did mention last meeting that it might be for ah... for Bridge Access Road, or it might be for...for...for ah... Forest Drive or something like that, bring it in for. That plant doesn't just chan...you don't just put it up in...in one day, I found that out. You know, it takes ah... it takes a week to put the thing up and it takes three days to take in down so I'm not going to be moving it around a lot. It's going to stay right where it stic...where it's at, possibly even if Bridge Access, if I were...was to be the low bidder on that, so... um... just one of the things I wanted to mention...did in the letter...that some of you might not have read, that um... that the majority of the traffic for pri...private use would be coming out of the other direction, out toward Bridge Access. That's a half a mile versus 2-1/2 miles in the other direction, so the people in Dolchok area and up and down that road, with their kids riding their bikes on the streets, which I wouldn't recommend. I wouldn't let my dog on that road let alone my kids, but at any rate, ah... point is, ah... very little traffic would be going that direction. Um...as far as Mr. Nash's comments about not wanting to have property next to a gravel pit or let alone an asphalt plant and a crusher. They should have considered that, in my opinion, they should have considered that when they sold that property to....to ah... AA Dan, and allowed Dan, who sold it with the intention to have a gravel pit. So that makes my gravel pit bordered on two sides, one with Pat Doyle and the other AA Dan. They are both very good neighbors, I have no problems with either one of em...but...but ah...that's where the deposit of gravel happens to be in the City. There is no...there is no ah... there's no gravel north of Soldotna until you clear out there ah...close to Collier, it's all sand. Soldotna is the other direction. I have no problem in putting this thing up in Ridgeway. My permit was....was ah... was ah... able to... I was able to transfer my permit, the existing one that Wilder had over to myself, no problems at all and the plant went up in Ridgeway. Um... Soldotna is a little different than Kenai, it's not quite as spread out, you know, so there's really no place other...you know...in the city limits of Planning & Zoning Commission June 24, 1998 Page 14 -i 1 Approved Soldotna to put it. So, I'm trying to answer that question, but... um... I do think that a lot of people in this room have ah... a misconception of whats...I understand because if it was going up in my back yard, I'd probably would too and what I wanted to do is just try to explain that...that crusher is, like I said in my letter, that crusher is just a real low key operation. Ah... a local contractor that's been in town for years and years and years already owns this, he's going to be crushing for me and ah... he'll be set up in Ridgeway and we'll be crushing there in a week or so but ah... but there just...you know, just a primary crushing, not the secondary and the third ah...crusher, the jaw and all that stuff, so it's.... it's not the big, dusty, noisy thing that's gonna, you know, cause the houses to fall into the Kenai River. It will never happen. So, you know, if the...the asphalt plant, you know, I might gear up and that thing is a 300 ton per hour, 250 to 300 ton, you know so, most driveways take 3 or 4 dump truck loads so you get 4 or 5 jobs together, crank up, it's got an 80 ton silo, you make, in one hour, you make enough, you shut down the rest of the day you use that out of the 80 ton silo, so it's not like the thing smokes and um... as far as the particulates. Ah...you know, I work right beside Alaska Road Builders crusher. I mean, I'm in the gravel pit right next to it and that's the Ridgeway gravel pit is ours and across the Ridgeway Road is...is their's and all I see is steam. I don't see any dust, I don't see any smoke, I don't see any particulates, you know, I don't see any of that stuff. I don't smell anything and ah... and... and when this plant was set up in Wasilla, there was a house probably less than 500 feet away up on a hill overlooking this and I called Wilder after last meeting, I said, "Did you have any complaints from the City of Wasilla or with the....with the... with the... Council or people or anything about this plant?" He said, No, that plant's been set up there for...for better than five years, we haven't had a single complaint. So obviously, it...you know, it doesn't smoke that much and.... and ah... like I say, I never notice ARB smoke at all, I... I watch that thing and just white smoke coming out, dissipates, you know and...and the last comment I want to make...this... you know, this is not a Tesoro, this is not a refinery, it's not a Collier, it's... it's an asphalt plant, it's going to be here for awhile and leave again, in... in Ridgeway and move around and, so, anyway, appreciate the chance to talk. Glick: Thank you Sir. Okay, is there anyone else in the audience wishing to speak? Yes? Planning & Zoning Commission June 24, 1998 Page 15 Approved Bill Kluge, 1512 Barabara Drive, Kenai, Alaska - I have to ah... agree with my neighbors that I'm not very ah... enthused about having a ah... asphalt plant going in down the road from my house. Ah:.. you know one of the...the benefits you get from living in the city limits is that we have zoning in the city and we don't have that out in Borough, so you take the risk when you live in the Borough of having whatever come in next door to you. So, when you purchase property in the city, you are protected by our zoning ordinance. The intent of rural residential is not for industrial use. Ah... I wish conditional uses had not been allowed in that area but they are there and I'd like to see it restricted to what has been allowed so it is not expanded. Um... you know, like I say, that's one of the benefits that we should have from living within the city limits is that we are zoned and we are protected from occupancies that aren't desirable coming into your neighborhood because you have that zoning in place. So, I ask that you ah... reject this ah... addition to the conditional use. Thank you. Glick: Thank you Sir. Anyone else in the audience wishing to speak? Seeing no one, at this time well close the hearing to the public, bring it back to the Commissioners. (Public hearing closed at 7:45 p.m.) Staff have anything additional to add to this before we discuss it. Kebschull: Nothing additional unless you have questions of us. Glick: Okay, discussion? Bryson: I would ah...like to AMEND THE AH...MOTION TO ATTACH THE AH... ADDITIONAL INFORMATION RECEIVED AH... FROM MR. F03TER TO THE ORIGINAL APPLICATION. Glick: Okay. MOTION SECONDED BY NORD. Glick: Okay, let's vote on the amendment. That's to include the material received from Mr. Foster on the permitting. Planning & Zoning Commission June 24, 1998 Page 16 \~ Approved Vote BRY30N Yes GOECKE Yes MAHURIN Yes GLICK Yes WERNER-QUADE Yes NORD Yes GRAVELEY Yes Motion passed unanimously. Glick: Okay, other discussion? Goecke: Mr. Chairman? Glick: Yes, Mr. Goecke? Goecke: Ah... we had ah...a reference to ah... conditional use permit ah... application here that ah... gentlemen said that we had ah... turned down. In fact, that's partially true ah... I think this body recognizes what that was and this body did in fact pass that ah... at a later date... ah... was appealed to City Council and before Council had a chance to ah... arrive at a decision the ah... the application was pulled. I... I did live...within approximately a half a mile of ah... a big, a much bigger asphalt plant than what this one is ah... in reference to the big one of Quality Asphalt out on Ciechanski Road, um... and...I didn't have any problem ah...I didn't ever smell it and ah... I never did hear it. Ah... and it was a ah... one that I think was in ah... continuous use type plant. Um... and I too live um... the people, ah...couple different people have ah... made the statement of the fact that ah... it is ah... is going to be coming over the top of the golf course, is going to be coming over top of the school, um... that being the case, that's where I live. Um... I don't um... I don't perceive this as a problem and so in that respect I will be voting for this tonight. Glick: Anymore discussion? Mahurin: Mr. Chair? Glick: Yes, Ms. Mahurin? Mahurin: Um... while I appreciate that it makes sound business sense to operate a gravel crusher where there's gravel. The gravel appears to Planning & Zoning Commission June 24, 1998 Page 17 Approved be only on Beaver Loop. We've had overwhelming testimony for two weeks ah... from the neighbors in the area and I do agree with them that the intent of rural residential was not for heavy industrial and that a conditional use permit means that we approved something that does not fit within the zone and I really feel that the residents quality of life, at this point, has to carry our vote and I would, however, like to see Mr. Foster ah... have an area for his business and maybe that's something that the City can work with. I do think that ah...the comment of Marathon Road was not a bad comment. Um... Mr. Foster is a good neighbor and a good business and contributor in our community and...and we certainly would want to try to help out, but my vote, unfortunately, will be No ah... because I... I don't feel, and I'm being rude, we aren't ah... definitely, more than obliged but ah... it's responsible of us to listen to the residences that have testified. Glick: Any other discussion? Graveley: I have a question, Mr. Chairman, ah... I have to ask it of Mr. Foster? Glick: Okay Graveley: Ah...Mr. Foster? The ah... permit, Exhibit "E", A record of transfer tracking ah... was last permitted to Wilder Construction. I think I under...or I think I heard you clear tonight that ah.., you have made the transfer. Foster: (spoke from the floor, somewhat illegible). The transfer is in the process with DEC right now. It's been... it's been sent off to DEC and from my understanding of Wilder and DEC that there is no problem because it is the same plant as far as the asphalt plant. We had to send in an amendment to the crusher because we have a different crusher. So ah... we could (illegible).... Graveley: Thank you. Glick: Any other discussion? Werner-Quade: Question for staff? Ah...when this conditional use permit was originally granted, ah... it seems that there were s...some restrictions on the permit, are those restrictions still in place and if so, Planning & Zoning Commission June 24, 1998 Page 18 _,~ Approved could you review them? Kebschull: The information is provided in your packet and a copy of the original permit granting the gravel extraction ah... extraction of natural resources, PZ95-30, the existing ah... additional requirements were hours after completion of Spur project from 7:00 a.m. to 7:00 p.m. and does control water ah... at the... with DEC approved methods, were the two restrictions placed on the original extraction permit. Werner-Quade: And those would still be in place then? Kebschull: Yes. Werner-Quade: This wouldn't change anything? Kebschull: Right, although the Spur project um...that they were referring to, I believe, was the project on this end, although they weren't clear about that. Werner-Quade: Thank you. Glick: Mr. Bryson? Bryson: Yeah... question for staff? Ah... Mr. La....Nash, in his testimony, alluded to the possibility that ah...ah... this may not be an amendment to an existing ah... conditional use permit ah... I wonder if staff might expand on that ah... if that is indeed the case, if so I would be comfortable with... Graves: I think the application that was turned in was actually for a Section 150 Conditional Use Permit not to amend the old Section 151 Surface Extraction Permit. My interpretation of that is this is for a separate conditional use permit. Um... the wording of the...the notice does reference an amendment, however, the note... the public notice does clearly state what's going on in that area, there's going to be.... there is a proposed application which would allow a rock crusher and an asphalt plant. So, to that extent, I... I think the public was given core notice of...of what these public hearings involve and the...the public notice appears to have been successful in that there was ah... a significant turnout of the public, which it is designed to do. Um... they...while there are some concerns with the public notice I... I think Planning & Zoning Commission June 24, 1998 Page 19 Approved the core information was provided and I... I think the Commission also has to weigh the fact that the public has turned out for two meetings, two weeks in a row and to try to reschedule now to provide essentially the same information might be hardship on the members of the public when all...all the same information would be provided at the next meeting. Did that answer your question? Bryson: Ah...yes. One more question. Glick: Go ahead Mr. Bryson. Bryson: Ah... are you comfortable with the wording of the Motion as it stands? Graves: Ah... Mr. Bryson, I think I might...on the ah... first part of the resolution, ah... that...that first paragraph where it talks about amending PZ95-30. I...I would suggest re-wording that to...to reflect what the body of the resolution says and that's an application for a Section 150 permit has been submitted. So, the body of the resolution refers to Section 150 permit, it's just that the preamble talks about an amendment of the old permit. So, I would suggest amending...to clear up that...that potential confusion perhaps amending the preamble to reflect what the body says in that it is a Section 150 conditional use permit. Bryson: Thank you, ah... I would like to propose an AMENDMENT TO THE MOTION ADOPTING THE WORDING...WORDING MR. GRAVES MOTION. Graveley: I SECOND THAT. Glick: Okay, could we have that read now? Graves: Mr. Bryson? Bryson: Yes? Graves: I think if you...if you look at that first paragraph in the preamble where it starts, "a resolution"... if you go down to line 4 and you delete "Use Amend PZ95-30 To Include," that should cover it then it just refers to the granting of the conditional use permit for a crushing Planning & Zoning Commission June 24, 1998 Page 20 Approved plant and an asphalt plant which is....which would coincide with the body of the resolution. Brysoa: Can I....could you bring that... Graves: Can I approach please? Glick: Yes. Graves approached Commission Bryson to point out where the change should be made in the resolution. Glick: We need to read it for the benefit of the rest of the Commissioner's here. Mr. Graves, could you read that for the benefit of the rest of the Commissioners. Graves: Um... what I suggested is that in that first paragraph, the preamble to the resolution, on line 4, delete the words, at the start of that sentence, "use amend PZ95-30 to include." So that the paragraph would now read, "A resolution of the Planning and Zoning Commission of the City of Kenai Granting a Request for Conditional Use Permit For: Foster Construction, P.O. Box 303, Soldotna, Alaska, Crushing Plant & Asphalt Plant located Tract 6, Horseshoe End at River Bend Subdivision." That way it would...it would more accurately reflect the body of the resolution. Glick: Okay, Mr. Bryson, is that what your amendment will now say? Bryson: It is. Glick: Any discussion on this amendment? Okay, let's vote on this amendment. Vote WERNER-QUADS Yes GOECKE Yes NORD Yes MAHURIN Yes GRAVELEY Yes BRYSON Yes GLICK Yes Glick: Motion to amend passed. I'd like to ask staff for clarification for Planning & Zoning Commission June 24, 1998 Page 21 Approved my own benefit, the original conditional use permit for gravel pits does have a buffer zone, is that correct? Kebschull: Are you stating, is it listed in the resolution? Glick: No, but, any of the gravel pits that have conditional use permits on Beaver Loop, if I remember correctly, you have a buffer zone, and if my memory serves me right, what is the footage in the buffer zone. Kebschull: I did not bring the file with me so if you wanted to take a short break I will go up and get it. Glick: Anybody else in the Commission interested in this. Graveley: Yes, I am. Glick: Okay, we'll take a five minute break. Break started at 8:00 p.m. Glick called the meeting back to order at 8:05 p.m. Glick: In answer to the question of natural screening, ah... staff has brought up the one for Foster's specific gravel pit. It asks for natural screening, trees and vegetation between the property lines and excavation, there's a 200 foot buffer along Beaver Loop Road, none on the north, ah... 93 feet, supposed to be, on the east, and 150 feet on the west side ah... is also site clear of the ah... the pit. Now, I don't know if all this has been developed but that's the screening that is required on this particular gravel pit. Ah...I just wanted everyone to know that for information now that I know it too. Mr. Bryson? Bryson: Yes, I ah... I wonder if Mr. Foster might indicate the area on there that has been cleared and also the area they are proposing to set up the plant. Glick: Of the sites of your gravel...present gravel pit? Foster: Um... the buffers we have right now on this particular piece of property remain the exactly the same as what they were on the front, along the highway, and we have not taken any trees out along the highway so whatever Chester Cone had cleared along the highway, that has not changed. Um... in an agreement with ah... with Mr. Doyle and Planning & Zoning Commission June 24, 1998 Page 22 Approved you know...we...we...we're all up against the edge up there on his side, as he is against the edge, and on the other side, we are up...up against the edge too...we have no buffer on the other side. Ah... AA Dan ah... right now is taking up....he's going in our gravel pit and he's working right off that line with his gravel pit. So, the two...all three pits are basically side by side, ah... the...the east end or what the backside ah... you know... didn't require a buffer and the front has a 200 foot buffer. Ah... as far as the place where the crusher will be set up, it...we...we've split the pit and ah...we split the pit and this (pointed out area on the sketch provided) side over here by Pat Doyle has already been excavated out from the Spur Highway and the other 20 acres ah... primarily has been untouched ah... and the plant will approximately go in the middle of that property. It'll be oh what...approximately 600 feet off the highway, 600 feet back in there, in the middle of that and....and the stock piles would be off the backside there, so, this is the side here, this is Pat Doyle's side, this is AA Dan's side, and ah... that answers your question. Glick: Does that answer your question? Bryson: Yes, it does. Glick: Thank you. Okay, any more discussion? I guess we're ready to vote. Vote GOECKE Yes NORD No MAHURIN No GRAVELEY Yes BRYSON Yes WERNER-QUADE Yes CLICK Yes Roper: Two No, Five Yes. Glick: The motion passed unanimous...or not unanimous, 4 to 2, I'm sorry. Roper 8s Goecke: 5 to 2 Glick: 5 to 2. It can be appealed to the Council for public's information, Planning & Zoning Commission June 24, 1998 Page 23 Approved you can appeal it to City Council, our decision. Smalley: Mr. Glick, could you explain the process like they would have to go up to... Glick: Yes, you would have to go... Kebschull: If... any appeals need to be submitted in writing within 30 of this decision to the City Clerk. Member of Audience: To who? City Clerk? Kebschull: Yes. Member of Audience: What...what happened to government of the people, by the people, for the people? Glick: Sir, public hearing is over, I'm sorry, but... Member of Audience: Yeah, I hear you. Verbatim Ends Smalley left at 8:10 p.m. 7. NEW BUSINESS: a. PZ98-30 - An resolution of the Kenai Planning and Zoning Commission recommending that the Kenai City Council approve the Historic Preservation Plan for the City of Kenai. MAHURIN MOVED TO APPROVE PZ98-30. MOTION SECONDED BY WERNER-QUADE. Kebschull noted that members of the Historic District Board were present to provide information on how the Preservation Plan was developed and to answer any questions the Commission may have. Historic Board members present were Ethel Clausen, Cecelia Richard, and Bill Kluge. Kluge reported the Preservation Plan was being worked on before he was Planning & Zoning Commission June 24, 1998 Page 24 ~~ Approved appointed to the Board and it includes a culmination of a lot of work. Kluge began with the Table of Contents and pointed out there were 13 items within the plan and it starts with the Mission Statement which is probably the most important part of the Preservation Plan is the Mission Statement as it states what the purpose of the Board is and the goals and objectives. Another important item is the development plan. Kluge went down the list on page 7 of 9 under Item 10 in the plan and pointed out the Board would like to see development in Old Town as it would bring that area of town to life. The Board would like to see the City take and active role in promoting the development. Kluge stated the Board would like to see an effort made to implement a master plan that has a list of objectives such as historic exhibits. The Board is limited to parcels of City property in the area for exhibits and it might require that the City consider land swaps to consolidate some areas in Old Town. Kluge used the old equipment Mayor Williams got out of the cannery as an example, the only reason it is not on display is there is no room in Old Town for it. Kluge discussed the walking tour brochure which was developed by the Board with the assistance of the Visitor's Center. This brochure has provided an incentive for visitors to walk through Old Town. The area also has signs placed in front of several of the historic buildings. Kluge continued, the Board encourages the City to do more in the way of landscaping and green belts in the area. The overview park that is being worked on at this time is a step in the right direction. Kluge thought that tax incentives from the City could possibly be provided to encourage development in Old Town. The Mission Street and the road upgrades certainly help the area including the historic style lighting. The Board would like to continue participation with the Visitor's Center to publicizing the walking tour and various exhibits at the Center. Kluge stated that enforcing the Townsite Historic District zoning ordinance is important. This has been a touchy subject in the past, the Board does not want to stop development but wants to assure it is done in manner with historic character. Mahurin stated the plan was very interesting as this is an area close to her heart. Mahurin commented on the problem the Board has had with meetings, etc., and asked if the group was comfortable with the plan for Planning & Zoning Commission June 24, 1998 Page 25 Approved the Historic Board to meet twice annually and with special meetings as required. Kluge replied, Yes and thought the business could be handled with less meetings which would cut down on City expense. Kluge continued, he thought it wise to have participation from the Historic Board on the development in Old Town and perhaps a committee from the Historic Board could be developed for review purposes. Goecke thought that decreasing the number of meetings would not help the situation. Goecke continued, he felt if one meeting was missed then it would be easier to miss all others. Kluge stated the Board has had problems with quorums but once the number of members was reduced it helped the situation. Mahurin pointed out the Historic District Board can't just be anyone that is interested in serving, certain requirements are set out by the National Park Service and three of the seven members have to be from the disciplines of history, architecture, architectural history and archeology. Mahurin continued, there is a limited number of individuals in the area in those categories. Graveley commended the Historic Board on their efforts on the Preservation Plan, it is very well done. Vote NORD Yes MAHURIN Yes GRAVELEY Yes BRYSON Yes WERNER-QUADE Yes GOECKE Yes GLICK Yes Motion passed unanimously. 8. OLD BUSINESS: -None 9. CODE ENFORCEMENT ITEMS: a. PZ98-08 -Variance Permit (Oversize Sign) -One Stop Grocery Kebschull reported the owners had removed the banner. Kebschull also reported that Mr. Springer wanted her to pass on that MAPCO had moved their sign to an island which consequently becomes a part of the Planning & Zoning Commission June 24, 1998 Page 26 .~ Approved building and is not considered a sign. 10. REPORTS a. City Council Bannock represented City Council and provided the following report: Item C-1, Ordinance 1785-98 has to do with property adjacent to the golf course at the end of Lawton Drive. This is the part of a large land swap which affects the Public Health Nurse and ultimately is the funding mechanism for the multi-use covered ice facility. The ordinance allows the land to be sold as residential lots. Item H-8, the Public Health Center -there has been 1.7 million dollars from the Legislature for the Public Health Center in Kenai. This is great news for the City of Kenai because it does two different things, it gets the Public Health Nurse out of the overcrowded office in City Hall and also assure the Center will stay in Kenai. Council chose a piece of ground called the Etelin Subdivision which is between Country Foods and the Dentist office for the proposed site. Item H-9 -The Kenai River Classic has an event every year which raises funds for habitat improvements on the Kenai River. The group selected the area in or around Cunningham Park and plans to spend up to $250,000 for improvements. Mahurin asked about Item H-10, is it up for sale or was it purchased. Bannock replied, the Dairy Queen is for sale but the issue of selling was not discussed. Mayor Williams presented an idea that perhaps, and because of the lack of interest, that consideration be given to demolishing the building or removing it, and just selling the property. Administration didn't think that was a good idea because the deal with the FAA and the appraisal is that the property will probably take 6 to 9 months to sell. The City is 3 months into it at this time and if it is sold for substantially less than the appraised value, the General Fund must make up the difference back to the Airport Fund. b. Borough Planning Bryson reported a meeting was held June 22, 1998. The consent Planning & Zoning Commission June 24, 1998 Page 27 Approved agenda was approved as written. Item F-2, a hearing to vacate a right of way outside the City of Kenai on Old Cannery Road. The Salamantof Native Association and the Fish and Game came to an agreement as to the type of facility that Fish and Game would not object to. Bryson noted that Fish and Game has no power to deny a vacation but they do have input. Fish and Game came up with some development standards which include providing parking to the public, etc. Bryson thought it will be interesting to see if they would keep the same concern for parking when the City goes forth with their application to provide beach access on the south side of the river. The City is also attempting to address the issue of parking and other amenities. If Fish and Game kept the same position they should not be opposed to what the City is proposing. The item was approved. Item F 4, petition to classify 15 acres of Borough land as recreational. George Spracher has occupied a portion of the land his wife got as a part of a native allotment. This was denied through the appropriate channels so he was petitioning for a preferential right to purchase if it became classified as recreational. The Planning Commission recommended denial of the reclassification. Item F-5, request for Land Use Permit for gravel site in the Homer area. The petitioner requested development of a material site in the area and is planning to utilize 800 yards for a road he constructed down there. There was a tremendous amount of opposition from the public. Bryson noted his position on that was unless there is some market in the Homer area for silt and sand, it isn't going to have a very long life as a commercial facility. The item was recommended for approval. Item 6 through 10 were postponed until the next meeting due to the late hour. Item H-1, was rescheduled to the next regular meeting. Item J-1, was approved to build within the 50 foot buffer along the river. c. Administration: Kebschull apologized for the mix up in the packet and asked that Commissioner's review the Kenai Peninsula Borough Trail Plan as it will be on the agenda for P&Z review at the second meeting in July. Planning & Zoning Commission June 24, 1998 Page 28 Approved Kebschull responded to Mahurin's comment regarding the Historic District Board by stating that no decision has been made with regard to their meetings. As provided as information in the packet at the last meeting, City Council will schedule a work session at their August 19 meeting which will involve the Planning and Zoning Commission, the Historic District Board and Council to discuss possible options. 11. PERSONS PRESENT NOT SCHEDULED: -None 12. INFORMATION ITEMS: a. State of Alaska 2000-2002 Statewide Transportation Improvement Plan (STIP) Evaluation Criteria b. Kenai Peninsula Borough Trail Plan & Preliminary Needs List 13. COMMISSION COMMENTS AND QUESTIONS: Commissioner Mahurin reported that she will not be at the next meeting. Commissioner Bryson reported that he too will not be at the next meeting as he will be out of town. Commissioner Nord wanted to inform staff that the vehicle on Sycamore Street is still there, they made an attempt to hide it by putting a blue tarp over the top of it. 14. ADJOURNMENT: MAHURIN MOVED TO ADJOURN. MEETING ADJOURNED AT 8:40 P.M. Respectfully submitted, Barbara Roper, ontract Secretary Planning & Zoning Commission June 24, 1998 Page 29