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Home My WebLink About1995-06-14 P&Z MinutesCITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers 210 Fidal o Kenai Alaska June 14, 1995, 7:00 p. m. Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES May 24, 1995 4~ PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING a. Lease Application -Lot 3, Block 2, General Aviation Apron Craig R. Lofstedt, d/bla Kenai Air Alaska, Inc. b. Resolution PZ 95-31: Home Occupation Permit -Ray & Susan Carr c. Resolution PZ 95-~2: Miller House Subdivision d. Corps of Engineers Permit -Foster Construction 6. PUBLIC HEARINGS (3 minutes) a. Resolution PZ 95-30: Conditional Use Permit fior Extraction ofi Natural Resources -Foster Construction 7. NEW BUSINESS a. Comprehensive Plan Review -Social, Cultural and Educational Facilities Public Facilities & Services: Teresa Werner Quade=Airport, Health, Parks & Rec Ron Goecke=Animal Control, Fire Department Karen Mahurin=Library Phil Bryson=Utilities Kevin Walker=Senior Services 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS 1 10. REPORTS a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS a. Letter from Wendy Knight, Housing Coordinator, Central Peninsula Counseling Services -Transitional Living Unit - 211 Sterling Court 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT ~` ~. ~~ ~ ~ l ~ ~ ~ ~ l CITY OF KENAI 1 PLANNING AND ZONING COMMISSION **AGENDA** , Council Chambers, 2i0 Fidalgo, Kenai, Alaska June 14, 1995, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL Members present: Phil Bryson, Carl Glick, Ron Goecke, Kevin Walker, Teresa Werner-Quade, Karen Mahurin Members absent: Bill Toppa Also present: Jack La Shot, City Engineer, Loretta Harvey 2. APPROVAL OF AGENDA Chairman Walker noted additions to the agenda, as follows: 5e. Ordinance regarding livestock within the City; 6a. Foster Construction Conditional Use Permit-Extraction of Natural Resources; and Item 9. Cade Enforcement. MOTION AND VOTE: } RON GOECKE MOVED FOR APPROVAL OF THE AGENDA AS AMENDED AND ASKED FOR UNANIMOUS CONSENT. PHIL BRYSON SECONDED. AGENDA APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES May 24, 1995 MOTION AND VOTE: KAREN MAHURIN MOVED FOR APPROVAL OF MINUTES AS PRESENTED. CARL GLICK SECONDED. MINUTES APPROVED UNANIMOUSLY BY ROLL CALL VOTE. 4. PERSONS PRESENT SCHEDULED TO BE HEARD Planning & Zoning Commission June 14, 1995 Page 1 ~ o 5. PLANNING a. Lease Application -Lot 3, Block 2, General Aviation Apron Craig R. Lofstedt, dlbla Kenai Air Alaska, Inc. MOTION: CARL GLICK MOVED TO RECOMMEND TO COUNCIL APPROVAL OF LEASE APPLICATION FOR LOT 3, BLOCK 2, GENERAL AVIATION APRON TO CRAIG R. LOFSTEDT, D~B~A KENAI AIR ALASKA, INC. KAREN MAHURIN SECONDED. STAFF COMMENTS: No additions to packet information. PUBLIC COMMENTS: None. COMMISSION DISCUSSION: Phil Bryson asked for clarification that this lease was at the end of its term, and this was a renewal with some changes in conditions by the Legal Department. Staff concurred with this assessment. } VOTE: SRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER- QUApE YES YES YES YES ABSENT YES YES MOTION PASSED UNANIMOUSLY. b. Resolution PZ 95-31: Home Occupation Permit -Ray & Susan Carr MOTION: RON GOECKE MOVED FOR APPROVAL OF RESOLUTION PZ 95-31: HOME OCCUPATION PERMIT -RAY & SUSAN CARR. CARL GLICK SECONDED. STAFF COMMENTS: Jack La Shot noted that the reference to a rezoning should be scratched from the staff report. There were no other additions. Planning & Zoning Commission June 14, 1995 Page 2 l PUBLIC COMMENTS: None. J COMMISSION DISCUSSION: None. VOTE: a~ BRYSON GLICK GOECKE MAWURIN 74PPA WALKER WERNER- QUADE YES YES YES YES ABSENT YES YES MOTION PASSED UNANIMOUSLY. c. Resolution PZ 95-32: Miller House Subdivision MOTION: KAREN MAHURIN MOVED FOR APPROVAL OF RESOLUTION PZ 95-32: MILLER HOUSE SUBDIVISION. RON GOECKE SECONDED. STAFF COMMENTS: Jack La Shot noted the area behind the Miller house will be a parking lot for the neighboring church and will be Lot 10A. Lot 10B is the location of the Miller house. Phil Bryson asked if the parking lot is across the road Pram the church. La Shot answered yes. Bryson asked if the City has discussed vacating the ROW on the street due to bluff erosion. La Shot said the City has discussed purchasing the church, but there has been no discussion concerning ROW. PUBLIC COMMENTS: None. COMMISSION DISCUSSION: Karen Mahurin noted ground clearing has already begun on Lot 10A. She felt perhaps the plat should have been approved prior to the beginning of this projec#. Planning & Zoning Commission 1 June 14, 1995 Page 3 p ~l VOTE: BRYSON GL~CK GOECKE MAHURIN TOPPA WALKER WERNER- QUADE YES YES YES YES ABSENT YES YES MOTION PASSES UNANIMOUSLY. d. Corps of Engineers Permit -Foster Construction MOTION: RON GOECKE MOVED TO BRING TO THE TABLE FOR DISCUSSION THE CORPS OF ENGINEERS PERMIT FOR FOSTER CONSTRUCTION TO DISCHARGE 20,000 CUBIC YARDS OF FILL INTO 4.5 ACRES OF WETLANDS. PHIL BRYSON SECONDED. STAFF COMMENTS: Jack La Shot noted the application was in the review process by the Carps of Engineers and the Commission could make comments at this time. PUBLIC COMMENTS: Jack Foster, Applicant, said the area is along the Spur Highway, next to the old boat shop (Action Marina}. The area will be filled with material from the Spur Highway project. On the front of the property will be a gravel pad, and in the back of the praperty Foster's will run a business selling peat to the public. Foster added they did not feel this was valuable wetland property, so it is being reviewed by the COE at this time. Chairman Walker commented that this was an appropriate use for this area and directed staff to forward a letter of support for this project to the COE. AMENDED MOTION: RON GOECKE MOVED TO AMEND THE MOTION TO INCLUDE SENDING SUCH A LETTER TO THE COE. PHIL BRYSON CONCURRED. COMMISSION DISCUSSION: Planning & Zoning Commission 1 .tune 14, 1995 Page 4 p~ VOTE AMENDED MOTION: BRY50N CLICK GOECKE MAHURIN TOPPA WALKER WERNER- QUADE YES YES YES YES ABSENT YES YES AMENDED MOTION PASSES UNANIMOUSLY. VOTE MAIN MOT10N: BRYSON CLICK GOECKE MAHURIN TOPPA WALKER WERNER- QUADE YES YES YES YES ABSENT YES YES MAIN MOTION PASSES UNANIMOUSLY, e. Resolution PZ 95-34: Supporting Kenai's Ordinance regarding Livestock MOTION: KAREN MAHURIN MOVED TO POSTPONE THIS ITEM UNTIL A PUBLIC HEARING CAN BE SCHEDULED BY THE COMMISSION. CARL CLICK SECONDED. Chairman Walker noted this was anon-debatable motion and called for the question. VOTE; BRYSON CLICK GOECKE MAHURIN TOPPA WALKER WERNER- ~UADE YES YES YES YES ABSENT YES YES MAIN MOTION PASSES UNANIMOUSLY. fi. PUBLIC HEARINGS {3 minutes) a. Resolution PZ 95-30: Conditional Use Permit for Extraction of Natural Resources -Faster Construction Planning & Zoning Commission June 14, 1995 Page 5 ~d~~D l MOTION: RON GOECKE MOVED FOR APPROVAL OF RESOLUTION PZ 95-30 CONDITIONAL USE PERMIT FOR EXTRACTION OF NATURAL RESOURCES TRACT 6, CONE SAD. KAREN MAHURIN SECONDED. STAFF COMMENTS: Jack La Shot noted he had received one call from a neighbor who was concerned about dust control This is the site of an existing extraction permit, the main difference in the new permit is the reclamation plan. La Shot felt the new reclamation plan was more realistic than the original permit, due to the high water table in the area. PUBLIC COMMENTS: Pat Doyle, Beaverloop Road, said the only objection he had to the permit was that they would be hauling 24 hours a day. The people who live on the adjoining property have problems sleeping, and this would mean there would be noise all day and night. Ran Goecke asked Doyle if he had the contract and it demanded he run 24 hours a day, if he would do it? Doyle said he would have asked the neighbors first, before bidding the project that way. Jack Foster noted this is a 240 day contract. The State set the project up this way because they cannot stop traffic on the Spur Highway completely. The trucks will be running steady, but will be loaded in the back of the pit with a new machine that is relatively quiet. Also newer trucks will be used, which are fairly quiet. At the end of the 240 day contract the pit will be used between 6:30 a.m. and 7:00 p.m. Don Moffis, Beaverioap, testified he lived in the house next to the site. He had concerns about the dust, the removal of the scale after the project is completed, and also the 24 hour schedule. He did not have an objection to the project, but asked that a clause be put in the permit that if there were problems with the noise, that a different access be considered to the pit. Jack Foster noted he has agreed to dust control and also provided posts for a fence to be built between the properties. He said he was willing to work with Moffis to solve any problems that might arise. He had looked at another access to the site, but due to a curve on the road, he felt it would create a dangerous situation. Planning & Zoning Commission June 14, 1995 Page 6 soon D Don Moffis, told the Commission he would still like a condition in the permit to protect h'rs family from. the raise. END PUBLIC COMMENT. COMMISSION DISCUSSION: Phil Bryson agreed with several of the concerns. He felt the dust could be controlled. And perhaps Foster could work with Moffis to come up with a solution about the sound. Bryson was also concerned about the decrease in the buffer zone from the original permit. Jack Foster explained that the city owns the property behind the pit. Sue Wright owns the adjoining property, which she is proposing to develop into a pit. With her 100 feet of buffer and the proposed buffer, it would be a 200 foot total buffer. AMENDED MOTION: CARL GLICK MOVED TO AMEND THE MOTION TO AMEND THE PERMIT TO CHANGE HOURS UNDER "AFTER COMPLETION OF SPUR PROJECT" TO 7:00 A.M. TO 7:00 P.M. AN ADD THAT APPLICANT WOULD WORK ON NOISE AND DUST CONTROL PROBLEM WITH NEIGHBOR. KAREN MAHURIN SECONDED. DISCUSSION: Dan Moffis asked what recourse he would have if the noise got too bad? Chairman Walker noted under current regulations if the noise level exceeds 85 decibels at the property line, he could take recourse. Jack La Shot felt i# the amendment passed, either party would have recourse if problems arose. Teresa Werner-Quads felt the amendment was vague and arbitrary and said she could not support it as worded. VOTE ON AMENDED MOTION: BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER- QUADE YES YES YES NO ABSENT NO NO Planning & Zoning Commission June 14, 1995 Page 7 ~f~ D MOTION FAILS. Carl Glick noted he had made the motion intentionally vague, as he felt from the discussion between the parties they could come to a mutual agreement, without the Commission's input. AMENDED MOTION: TERESA WERNER-QUADE MOVED TO AMEND THE MOTION TO INCLUDE IN PERMIT, DUST WILL BE CONTROLLED BY WATER OR OTHER DEC APPROVED METHODS, AND THE HOURS AFTER THE SPUR PROJECT IS COMPLETED SHALL BE 7:00 A.M. TO 7:00 P.M. KAREN MAHURIN SECONDED. Don Moffis noted there was nothing in the new motion about noise control. He was concerned he would have no recourse if there were problems. Phil Bryson did not feel comfortable about not addressing the noise problem, and felt it should be reviewed on a yearly basis. He also told Moffis any decision could be appealed to Council within 30 days of the decision. VOTE ON AMENDED MOTION: BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER- QUADE YES YES YES YES ABSENT YES YES MOTION PASSED UNANIMOUSLY. DISCUSSION MAIN MOTION: Karen Mahurin felt there was no solution to the noise problem. It was inevitable in the area the applicant lived. She felt the best solution was for the parties to address the issue and work something out together. VOTE MAIN MOTION: BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER- QUADE YES YES YES YES ABSENT YES YES MOTION PASSED UNANIMOUSLY. Planning & Zoning Commission June ~4, 1995 Page 8 ~f~~~~~ 7. NEW BUSINESS a. Comprehensive Plan Review -Social, Cultural and Educational Facilities Public Facilities & Services: Teresa Werner Quade=Airport, Health, Parks & Rec Ron Goecke=Animal Control, Fire Department Carl Glick=Police Department Karen Mahurin=Library Phil Bryson=Utilities Kevin Walker=Senior Services MOTION AND VOTE: RON GOECKE MOVED TO CARRY THIS ITEM FORWARD TO THE NEXT AGENDA. KAREN MAHURIN SECONDED AND ASKED FOR UNANIMOUS CONSENT. NO OBJECTIONS. SO ORDERED. Teresa Werner-Quade said she had no problem with this, but asked that Bill Toppa be given the section on Health as she did not have time to complete it. Chairman Walker asked staff to inform Toppa of his assignment. 8. OLD B SINESS 9. CODE ENF RCEMENT ITEMS 10. REPORTS a. City Council -Not Available b. Borough Planning Phil Bryson reported on agenda items, none of which were specific to Kenai. c. Administration Jack La Shot. noted the Spur Highway project begin at Bridge Access Raad and go toward Soldotna. The original plan was to begin from the other direction and end at Bridge Access. Planning & Zoning Commission June 1~, 1995 Page 9 Q ~ 11. PERSONS _PRESENT NOT SCHEDULED 12. INFORMATION ITEMS a. Letter from Wendy Knight, Housing Coordinator, Central Peninsula Counseling Services -Transitional Living Unit - 211 Sterling Court Chairman Walker said he was not satisfied with the letter and wanted staff to readdress the issue to see if the project demanded a conditional use permit. The Commission concurred. 13. COMMISSION COMMENTS & UEST#ONS Karen Mahurin asked to be excused from the June 28th meeting. Phil Bryson asked to be excused from the June 28th meeting. 14. ADJOURNMENT There being no further business Ron Goecke moved for adjournment, the meeting was adjourned at approximately 8:42 p.m. Respectfully submitted, Loretta Harv , Administ tive Assistant Planning & Zoning Commission 1 June #4, 1995 Page 10