HomeMy WebLinkAbout1996-08-28 P&Z Minutes~ CITY OF KENAI
PLANNING AND ZONING COMMISSION
**AGENDA**
Council Chambers, 210 Fidalgo
August 28, 1996, 7:00 p.m.
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: August 14, 1996
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
6. PUBLIC HEARINGS:
7. NEW BUSINESS:
a. PZ96-57-Landscape Site Plan Review-Tract D-3, Sprucewood Glen No. 7
8. OLD BUSINESS:
9. CODE ENFORCEMENT ITEMS:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Notice of Borough Planning Commission Action of August 12, 1996
b. Copy of letter sent to surveyors regarding filing deadlines
c. Memo from C. Freas regarding vacancy on Commission
d. Resignation letter Commissioner Walker
e. Leave of absence request letter from Commissioner Booth
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING AND ZONING COMMISSION
**MINUTES**
August 28, 1996
Prior to the roll call being taken, Michael Christian was sworn in as the new Planning
and Zoning Commissioner.
1. ROLL CALL:
Members present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron
Goecke, Karen Mahurin, Michael Christian
Members absent: John Booth
Others present: Councilman Hal Smalley, City Engineer Jack La Shot,
Administrative Assistant Marilyn Kebschull
Acting Chairman Glick asked the Commission's wishes in regards to electing a
chairman since Kevin Walker's resignation. Bryson asked if Glick had any objections to
being the chairperson. Glick stated no.
BRYSON ASKED FOR NOMINATIONS FOR CHAIRMAN AND NOMINATED
GLICK. MOTION SECONDED BY MAHURIN. MAHURIN ASKED FOR
UNANIMOUS CONSENT. NO ONE OPPOSED UNANIMOUS CONSENT. CARL
GLICK ELECTED CHAIRPERSON. MAHURIN MOVED FOR PHIL BRYSON
AS VICE-CHAIR. SECONDED BY GODEK. MAHURIN ASKED FOR
UNANIMOUS CONSENT. NO ONE OPPOSED UNANIMOUS CONSENT.
BRYSON ELECTED VICE-CHAIR.
2. APPROVAL OF AGENDA:
GOECKE RECOMMENDED APPROVAL OF AGENDA ADDING THE
INFORMATION ITEM THAT WAS PASSED OUT TO THE AGENDA.
SECONDED BY MAHURIN. GOECKE ASKED FOR UNANIMOUS CONSENT.
AGENDA APPROVED.
3. APPROVAL OF MINUTES: August 14, 1996
WERNER-QUADE MADE CORRECTIONS TO MINUTES. UNDER MEMBERS
PRESENT NEED TO NOTE MAHURIN'S PRESENCE. ON PAGE 2, VOTE ON
Planning & Zoning Commission
Minutes
Page 2
August 28, 1996
PZ96-54, MOTION PASSED 5 TO 2 INSTEAD OF 5 TO 1. GLICK ASKED FOR
ADDITIONAL CORRECTIONS. ON PAGE 4, WERNER-QUADE NOTED THE
MEETING ENDED AT 1:15 A.M.
WERNER-QUADE MOVED TO APPROVE THE MINUTES AS CORRECTED.
SECONDED BY CHRISTIAN. WERNER-QUADE ASKED FOR UNANIMOUS
CONSENT. NO OBJECTIONS. MINUTES APPROVED.
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
6. PUBLIC HEARINGS:
7. NEW BUSINESS:
a. PZ96-57-Landscape Site Plan Review-Tract D-3, Sprucewood Glen No. 7
GOECKE RECOMMENDED APPROVAL OF PZ96-57 LANDSCAPE/SITE PLAN
REVIEW FOR TRACT D-3 SPRUCEWOOD GLEN NO. 7. MOTION SECONDED
BY WERNER-QUADE.
Glick asked for additional staff comments. La Shot stated nothing additional; however,
noted a representative from McLanes present to answer any questions.
Mahurin stated there is nothing filled in on the application as to what the intent of
landscaping is. Rich Riggs with McLanes Consulting Group introduced himself. Riggs
explained everything is included in the site plan in items a through f with the exception
of item d. Mahurin asked Riggs to explain Type B seeding adding she is not sure if they
are planning to put shrubbery or leave trees.
Riggs explained that Type B seeding is identified in Note number 6 which explains the
application rate. The location of the dwarf mugho pines are identified in the legend and
shown on the site plans basically at the corner of the approaches and southwest
property corner. Where the mugho pines are not used, seeding will be done with
existing vegetation remaining on north side of the property. Riggs stated onsite snow
storage area will be on the north end of the parking area which will be gravel.
Drainage patterns are identified on the slopes indicated on the site plans, basically the
westerly portion of the parking lot flows to southeast to drainage swell to existing ditch
on Tern Ave. The northerly portion of the pad is surrounded by ditch which will be
excavated to existing sands. Riggs stated there will be a lot of ground water percolation
but anything that daylights will come out onto Tern Avenue.
Riggs stated the information they have is that it will be steel building, single story.
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Mahurin stated she understand that the circles are the mugho pines and asked if it
shows that and she missed the information. Riggs stated it is shown on the site plan
legend, the ninth symbol down. Mahurin noted they were not given that information.
Christian asked what the acreage of the lot was? Riggs stated it is 2.959 acres.
Christian asked how much will be landscaped, is it 5 percent. Riggs stated he feels it
may be slightly less than 5 percent. Riggs stated he believes 5 percent is the City of
Kenai's maximum requirement. Riggs stated if you take into account existing
vegetation, stated he is not sure what the area is but could find that information out.
Christian stated he toured site today and stated if much of the vegetation is cut down
the apartments behind the lot will be looking right at the business. Christian added he
was wondering if there will be some way to protect their view adding he believes there
will be complaints if there isn't some way to protect the view. Christian added he is
afraid there will be overhead parking lights affecting the residential area as well. Riggs
advised he is unsure what the owner has planned for parking lot illumination.
Riggs stated the existing vegetation will remain on northerly section but where the
ditch does comes in on the easterly corner. Riggs stated the intent was to leave as
much vegetation as possible. Christian asked if there was no intention to leave any
natural vegetation in front. Riggs stated that was correct as far as along Tern Avenue
and Bridge Access.
Glick asked if this building will be similar to their present building only larger. Riggs
stated he believes so based on conversations with owner adding the plans have not been
finalized. Riggs stated he was told it will be larger than the present building and
similar to those constructed in Wasilla and Anchorage.
Christian asked if it will be an expanded version of what they have now. Riggs stated
that is correct. Christian asked if they are expecting to need 75 parking spaces. Riggs
stated there will be 78 spaces with two van accessible. Riggs stated their computations
came out with 63 spaces required so came out with additional spaces. Christian
commented he felt it seemed like a lot of parking spaces.
Christian asked if the 62 feet between the landscaping and the building itself would be
a drive. Riggs explained the original plan for parking adjacent to the building with five
foot walk between the building and the parking stalls. The owner, for budgetary
concerns, wanted to delete those parking spaces. Riggs added he plans in the future to
have parking there.
Glick asked where the loading ramp is if there is enough distance for semi to back up
without blocking Tern Avenue. Riggs stated the intention is to back in and leave trailer
set up with the landing gear. Riggs stated it will not be blocking Tern Avenue but they
may be in the right of way when backing up.
Planning & Zoning Commission
Minutes
Glick asked for further Commission discussion.
Page 4
August 28, 1996
Christian stated he is new and to be excused for sounding like he is lost. Christian
stated he thought the idea of landscaping plan was to enhance the look adding he
doesn't see that this will enhance look. Christian states he sees a bare metal building
with sign over it and scrub trees that will stay looking like plastic bushes and a little
grass and nothing but asphalt in front of it. Christian commented there is a beautiful
stand of trees there now and was wondering if we couldn't enhance area like some of the
other building sites in that area by leaving a few larger size trees in front. Christian
commented that these artificial type scenes do not enhance the building. Christian
stated he sees this as a problem especially with the large parking lot. Christian stated
it would seem we could sacrifice parking spaces to give larger landscaping or
landscaping inside the parking lot. Christian stated he thinks trees along the north,
the strip, was an after thought to qualify for 5 percent rather than to make a beautiful
site. Christian stated he has a question on that personally.
Bryson, asking La Shot to clarify, stated that he thinks the 5 percent refers to up to five
percent not a five percent requirement. Bryson stated he feels being a retail store they
definitely have a need for exposure and not something that can be obscured adding
might get away with a wholesale situation but not retail. Regarding the number of
parking spots, Bryson stated he was not knowledgeable about what they perceive as
their needs. If the city has a requirement for 60 some, they need to be there.
La Shot stated the code would require 63 spaces. La Shot stated they have found in the
past the code is minimal in requirements and normally recommend an additiona125 to
50 percent spaces. La Shot noted this is a large commercial business. They have 78
planned which is approximately 25 percent more spaces than they need and it looks like
they have space available for additional. La Shot stated he thinks they are wise in
doing that.
Mahurin stated she shares Christian's concern and the latest experience with another
steel building and the minimal landscaping that we have seen brings back the concern.
Mahurin noted she understands that we can't require them but perhaps concerns could
be shared with the owner and that we would like to see some natural trees left.
Mahurin stated that the new grass will be bright and wherever he (the owner) thinks it
would be possible we would appreciate whatever he could do and would recognize his
efforts to preserve the natural tree vegetation as possible. Mahurin noted that was all
that she could see the Commission could do.
Goecke stated as a retail business owner in this town, you can never have too much
exposure. If you start putting a green belt in front of a retail outlet, you cut down
exposure tremendously. Goecke stated you are putting a real burden on a merchant if
the people can't see his store.
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Christian responded he is not talking about something would block but maybe two or
three trees on the sides. Christian noted if they were limbed up a ways you could still
see the store. Christian stated perhaps they could put some more on the side to break
up the asphalt look that is so the opposite of eye appealing.
Goecke commented that when you start working the dirt you will kill the trees anyway
because the root system of the spruce trees grows 50 feet in circumference or more and
three feet into the ground. It will be a matter of time before they die because the root
system has been disturbed. Goecke stated he doesn't have a problem with taking the
trees out to the front and the west side.
Glick stated it has been his experience with landscaping that single, big trees that the
wind will get them. But clumps of trees will stand. Glick stated it is better to plant
nice new ones like at the 7-11 at the corner of Willow Street. Glick noted that they
have grown up to be nice trees; however, it did take a while.
Bryson stated that requiring landscaping of this type has had mixed success. The 7-11
was done voluntarily and probably on state right of way and they have done well. The
variation of that was in front of the bowling alley where trees were left there and there
at considerable stress to the Planning Commission at the time. Bryson noted they are
not there now and nothing has been planted subsequently in their place. Bryson
commented that smaller plants as proposed are the better long-term solution. Bryson
noted shorter roots can adjust to soil configuration and presumably will be maintained.
Bryson noted on the Bridge Access they held parking back 10 feet that holds a green
belt on their lot that we can comment. The area in front is state right of way and if it is
to scale is probably 60 feet. Bryson noted we haven't had much compliance in that area.
Bryson stated he will be supporting the plan as proposed.
Glick asked for additional comments.
VOTE:
BRYSON YES WERNER-QUADE YES
GOECKE YES CHRISTIAN NO
MAHURIN YES GLICK YES
MOTION PASSED 5 TO 1.
8. OLD BUSINESS:
9. CODE ENFORCEMENT ITEMS:
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Minutes August 28, 1996
10. REPORTS:
a. City Council
Councilman Smalley stated a copy of the agenda is in packet. Under Item 3 there were
two items. Terry Linebarger was not in audience to speak but Assemblyman Nash was
here to speak about project park improvement for the handicapable wheel chair access
type park. This is possibly to be built possibly on the back side of Oiler Field between
the backside of the field and the golf course. After much discussion, it was remanded
back to Nash to visit with the Oiler board to talk about project and develop a more clear
cut proposal to bring back to council.
Mr. Kluge spoke to council concerning signage on Visitor Center. Kluge's concern was
letters to be placed on the Center approximately 15 inches tall that would identify the
building. This was a recommendation from the visitor's board. Smalley stated they will
be going forward with it.
The third item was with reference to construction of building off Beaver Loop belonging
to Mr. Garcia. Smalley stated the cement pad that is there is from an older building
that has been there and the building came down. They are building on top of the pad
and the corner of it is on city property where the property is. The chain length fence is
several feet away from the property line. It was Mr. Garcia's understanding that the
fence was on the line or even over onto his side when the fence went in years ago.
Smalley stated that is not accurate from the survey. Council requested another survey
completed and to try to remedy problem so that Mr. Garcia could continue with
construction or whatever that remedy is. Smalley noted the fact that the park is tied up
with agreement with the city that the land is to remain dedicated as a public park and
should it ever not be that it would resort back to the legal heirs, Cunningham estate.
Smalley reiterated the city is looking into that.
Items Cl-4, 5, 6, 7 all passed. Item C-7, the Doors and Windows unlimited contract, is
replacing the complete mechanism been there since 1983. Smalley commented it will
not make it through the winter noting the wear and tear the doors have received over
the years. Smalley stated he believed Doors and Windows the only bidder and thinks
they put the first set in.
Item G1, Leif Hansen Park policy, Smalley reported there has been much discussion on
this in the past. Parks and Rec sent council a recommendation some time ago. That
recommendation left it up to the city manager and Parks and Rec director to determine
what could be held there. Council remanded it back to Parks and Rec. They came back
to council with recommendation that is more stringent and more comprehensive
identifying the uses that they would like to have at the Memorial Park. A letter from
Dr. Hansen was there and several other individuals identifying what they would like to
and not to see there. Council accepted the recommendation of Parks and Rec which
could eliminate the River Festival from using the facilities. Some of the objections was
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Minutes August 28, 1996
1 to the commercial type of activities that were ongoing in the festival. Some of the
council members and all of the Parks and Rec thought the new facility with the $50,000
restroom, green strip, etc. would be more appropriate.
Smalley explained that under Item 2, the city has an agreement with Mr. Cherrier in
Old Town behind his apartments to hopefully get the paving project completed. The
city and Cherrier had had discussions about paving he wanted done. An agreement has
hopefully been reached to pave right of way through there. Smalley stated that in the
process they found additional sand and silt there so will be additional costs, between $7
and $8,000. Smalley noted this is a grant project from the ISTEA program.
Smalley stated that under New Business, Item 6 they scheduled next Wednesday, a
Board of Adjustment on the Prime Residential zone. The City Council will hear the
appeal and has 30 days to respond with a decision.
The city is going on with it's ADEC matching grants request proposal. Smalley
reported the Snug Harbor leases were amended to make modifications in some of the
parking and storage areas at the dock to actually help them have more space which will
help alleviate confusion. Also the city and the Harbor Commission is going to be
developing a proposal to have longer term leases on the dock facilities and staggering
them so they don't come due at the same times.
Also set for the next meeting is to begin the review and the search for the next city
manager. Smalley stated they will look at advertising from three years ago and make
determinations as to scope of the search. Smalley noted there are a lot of time
restrictions attached to different advertising companies. In addition, they will discuss
how in-depth the search will be, nationwide, limited to certain areas, etc.
Ex-police chief Rick Ross will become the interim city manager effective Wednesday,
September 4th.
Goecke asked about the item under New Business, #4, if he is being given $35,000 if he
is here for a year or a month. Smalley stated he will be paid $7,000 per month. Ross
will be responsible for all taxes, etc. adding he will have no other benefits. Council felt
that he should be paid equal to or a little more than the highest paid city employee
noting the highest paid city employee is paid approximately $7,000 a month. Ross is
looking at it as a short term position. Smalley stated they anticipate finding a new city
manager in January or February.
b. Borough Planning
Bryson stated the August 26th KPB Planning Commission agenda is in the packet.
Item C, the consent agenda, was approved unchanged. The land use permit requesting
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Minutes August 28, 1996
1 to operate a halfway house in North Kenai. Bryson noted this had gone through work
sessions and public hearings. The legal department of the borough reviewed comments
that the Planning Commission had given them and made a determination has to the
appropriateness and defendability if applied as a condition of operation. Keeping that
in mind, the resolution was approved with all conditions that the legal staff felt
defendable. Some items were eliminated. No additional comment from the public at
that time.
Bryson reported the public hearing items were all approved. Bryson noted the vacation
not requiring public hearing was postponed. The platting waiver was approved. Item
H-2, was an appeal of the Planning Director's decision as to whether a borrow pit
already existed because he had gone through the expense of planning. The item was
approved and reversed the Director's decision.
Bryson stated that concerning highway speed limits they approved a recommendation
from the state and borough concerning modification of speed limits in Moose Pass and
Cooper Landing and Oilwell Road in Ninilchik. Additionally there was testimony
received concerning the Sterling Highway from Kasilof to Clam Gulch be added for
request for modifications for speed. They were added to the request.
All plats were approved.
Bryson stated that concerning the Kenai River Habitat Protection, there were five
requests for CUP. The first concerned a woman requesting to move a cabin and was
approved. There were four somewhat similar requests in Poacher Cove Subdivision to
construct car ports. The first lot 47 denied, lot 57 withdrawn, lot 56 was denied, and
the fourth was found to have initiated construction prior to the applicable date of the
ordinance grandfathering what was proposed. This effectively grandfathered in the
action.
Approved Item K of the Coastal Management Program.
b. Administration
La Shot stated he has been gone on vacation and has nothing to report. He offered to
answer any questions.
Smalley added that council had a discussion on attempting to place some type of control
of vehicular traffic on the bike path. Smalley stated he thinks there will be a public
hearing to receive input from community to assist in controlling the traffic and
protection of the green strips.
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Minutes August 28, 1996
Christian asked if they discussed barriers. Smalley stated that this is on right of way
and the city wouldn't be involved in that. There was discussion about putting a barrier
between Carrs and Dairy Queen and thinks someone is being contacted about that.
Smalley stated that as far as any kind of barrier on the bike path itself noted he thinks
the city may be making the request. Smalley added he feels the state will advise the
city if they want to do it to take care of it. Glick asked if the city had been made to
remove the one at Beaver Creek. Smalley stated yes because they considered it an
endangerment. Mahurin asked what kind of vehicles they are talking about. Smalley
stated any motorized vehicle. Glick commented he noticed the bike path is getting a lot
of use. Smalley stated project should be finalized Friday adding council had given them
a list of items to work on. La Shot stated they did a walk through today.
Goecke stated he had talked last week with the engineer in charge of this project,
Chuck Sweenor. Goecke added he has felt that the traffic lights were laid out
inefficiently and stupidly in this town. Sweenor did not disagree and provided the
name of Tim Vigg of USKH in Anchorage. Goecke stated he called him and voiced his
concern. Vigg stated it didn't sound right and would check into it. And added that the
state probably does not have anyone on the payroll who repairs or times the clocks.
Goecke stated that is exactly what the problem is. Vigg provided another name, Dennis
Morford, adding that he hasn't called him. Goecke stated the IC Act which is federal
moneys-short for intermodel carrier act. Vigg stated he thinks this project of putting
lights on a clock so if you it the first one green, and drove the speed limit, you could go
all the way through town could qualify for the program. Vigg stated it would bear some
looking into that there would be moneys available through this act to do that.
Smalley stated he felt that the City has a thick folder in dealing with communications
with the state adding that Goecke should visit with Kornelis and La Shot and share the
information. Goecke stated the three new lights are not tied together, there is no
intercommunication between them.
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Notice of Borough Planning Commission Action of August 12, 1996
b. Copy of letter sent to surveyors regarding filing deadlines
c. Memo from C. Freas regarding vacancy on Commission
d. Resignation letter Commissioner Walker
e. Leave of absence request letter from Commissioner Booth
13. COMMISSION COMMENTS & QUESTIONS:
Planning & Zoning Commission
Minutes
Page 10
August 28, 1996
Mahurin welcomed Mike Christian and congratulated Teresa on the birth of her baby
after the last meeting.
Bryson stated he is appreciative of the map but several things concern him. Bryson
stated there are several areas on the plat that he does not remember being rezoned.
Bryson listed the industrial arts building shown as being RS-1 or 2, Inlet Woods shown
as RS-1 or 2. Don't think they should be depicted as such unless there is
documentation. Also near Hall's new building, small situation, yellow reduced so that
it is not the depth of the other lots. Bryson stated he remembers the lots were replatted
but doesn't remember any rezoning. The adjacent lot that Hall made the trade with
should have a split zoning until formally modified. On the other side of the block on
Birch Street two lots are shown as being commercial. One belongs to Swearingin.
Bryson stated he doesn't think those are commercial lots. Bryson stated there was
never any rezoning there. Bryson requested administration follow-up on these. Bryson
noted that this does come from the Borough.
Christian thanked everyone for welcoming adding that he hopes he is not too much of a
pest with his questions. Christian asked if there is any intent to fill in the trench
across Birch. La Shot stated that was done by the utility company and should be
patched. Christian offered a comment that as a person who sat in the audience that the
sound doesn't carry well to the audience. Christian asked if this could be checked
adding that Bryson's voice tends to be soft and hard to hear.
Werner-Quade welcomed Christian adding that the map is beautiful. Added hopes to
get an addendum sheet with corrections. Werner-Quade commented that the highway
is beautiful.
Smalley asked La Shot about where they are working on the lights in town. Smalley
stated they are digging into asphalt and replacing with cold patch. Smalley stated that
he understands that they believe it is patched. La Shot stated he will check on it.
14. ADJOURNMENT:
Meeting adjourned at approximately 8:05 p.m.
Res ctfully submitted:
Mari yn Kebschull
Administrative Assistant