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HomeMy WebLinkAbout1994-01-12 P&Z MinutesPLANNING AND ZONING CQ~ISSION JANUARY 12, 1994, 7:Q4 P.~.. CHAIR MAN PHIL BRYSON i ~ ~_ 1. ROLL CALL Chapman Phil Bryson called the meeting to ordQr at approximately 7ar3D p.m.. in the i'~i~ Council Chambers. - IVbmbers~~Present: Theresa Werner-{~t~s-de; Charlie Pietas; -Carl Glick; .Aon Goecke; Kevin Walker and P#~il Bryson M®rnbera.Excused: Lori McComsey :Also-:.Present: Councilman Hal Smalley; Jack La Shot, City Engineer; -Kathy Woodford, Administrative Assistant .., APPROVAL OF AGENDA MOTION Walker MOVED for approval of the.agenda. Goecke SECONDED. Bryson asked for objections to the: Motion. There were no objections. APPR(~VEE? f3Y UNANIMOUS CONSENT. 3, APPROVAL OF MINUTES -December 22, 1993 MOT10N Walker MOVED for approval of the minutes of the December 22, 1993 Planning and Zoning Commission meeting.. Goecke SECONDED. There were no objections. APPROVED BY UNANIMOUS ~O0~5ENT. 4. PLANNING a. Vaaatian -James H. Doyle -Lots 1, 2, & 3, Block.2, B~usM Lanes SA3 Bryson stated the vacation is for a portion of an alley-way in lush Lanes SID. Bryson said #his item was before the Borough Planning Commission on Monday night. He said theta' were four people that testified. Three were supportiu+e of the motion and orte was the-adjacent property owner. The adjacenfi property owner did not state snything;to the Commission but did speak up after the public hearing was closed. Walker asked what action the Borough Planning Commission took on the ~cacation. Bryson said the -°B€xovgh moved to ~prave the vacation. He stated originally the reaomrt~endation by the Planning staff was to disapprove the request. The sfaff had KENAI PLANNING AND ZONING COMMISSION Meeting -January #2, X994 Minutes Page 2 some concerns, but by the time the public testimony was finished they felt it was appropriate to approve the vacation. Bryson opened the requested vacation to the public for comment. There being no one present to speak, Bryson brought the vacation back to the Commission for action. MOTION Goecke MOVED for approval of the vacation in the alley of Bush Lanes SID, but retain a 20' utility easement. Walker SECONDED. Bryson sold at the Borough meeting he asked if people had buil# houses so close to property lines it denied access to the back property. He said a person in the audience (the adjacent property owner, lot 4) indicated that was the situation for him. This person talked with Doyle after the meeting and Bryson assumes they worked things out. Walker stated the staff report indicates the current land use is medium density residential. He does not agree with that interpretation. He stated it is the current zoning and regulation use, but the property has been used as commercial property for some time. Bryson concurred with Walker's statement and added Doyle created that use himself after the city base maps were prepared. Werner-Quads asked if the Commission votes in favor of the vacation, will we be acting in the best public interest? She stated all of the property owners along the alley-way are losing something and Doyle is the only one gaining anything.. She stated her concerns about the dead end alley and asked Bryson what the Borough's original concerns were. Bryson said the Administration recommended that it be retained because of the utilities. Glick asked Bryson if the utilities run all the way through the alley-way or just to the fence. Bryson said the utilities loop all the way through. Werner-Quads stated her support of the adjacent property owner showing up at the Borough meeting. She said he is the one losing the buffer; there will be commercial right up against residential. She asked Bryson what this property owner`s concerns were. Bryson said his concerns were related to getting a boat or camper through there to his property. Bryson said this property owner made no public testimony. VOTE Werner-Quads No Walker Yes Pierce Yes Bryson Yes Gllck No Goecke Yes KENAI PLANNING AND ZONING COMMISSION Meeting -January 12, 1994 Minutes Page 3 MOTION passes and will go to the City Council for recommendation. b. Vacation -Peninsula Oilers -Portion of Outside Way R.O.W. Bryson said this is in the old town area, on Riverview Drive. La Shot said one owner owns two lots and is trying to make one continuous parcel, which would be 4A as shown. Right now the city does not perform any maintenance or have any utilities in this right-of-way. He said it is being used as parking for the Peninsula Oilers building. La Shot said if you follow through towards the bluff, there is only one piece that could be continued on, and it doesn't exist at this time. The City Administration has no problem with this vacation. Bryson said this vacation came before the Borough Commission on Monday night and was postponed until the city acts on it. PUBLIC HEARING Clarence Ladd, 807 Cook Avenue. Ladd said he was at the Borough meeting on Monday, January 10. He stated Steve Hom, petitioner for the vacation, was not at the meeting and he has not been able to contact him. Ladd said no one was at the meeting representing Homer Electric at the Borough meeting. Ladd said he checked with Homer Electric about their utilities through the area. He showed the Commission a map that shows four of HEA's wires going overhead. Ladd stated his concem is that he has a log cabin back there and it caught fire a few years back. He said he almost lost the building because it is blocked off to fire trucks. He added he gave the Oilers some land for parking. Ladd said when Dave Bear (HEA} returns from Homer he is going to talk to him about this vacation. Walker asked Ladd to specify what his objection to the vacation is. Ladd said there are fire hydrants at two comers there. He said the pump truck had a problem getting around there. Ladd said he doesn't think a fire truck could get through. if there are cars parked there or if a dumpster is sitting there. He stated his main concern is safety, in case of fire. Bryson asked La Shot if the Fire Department has voiced any concerns. La Shot said there has been no concern on the part of the city. He said the utility companies do have the opportunity to review the vacations. If they utility company wishes to retain an easement in lieu of the right-of-way, they have that right. La Shot said the city is looking at it for their own utilities and assumes the other utilities do the same. KENAI PLANNING AND ZONING COMMISSION Meeting -January 12, 1994 Minutes Page 4 Bryson stated he has driven by the area and said it appears to be used for parking, but other than that it appears wide open. Pierce asked La Shot if HEA has had the opportunity to evaluate the vacation. La Shot said it is his understanding that ail right-of-way/easement vacations are sent to the utility companies for their review. He asked Pierce if Enstar gets them. Pierce said yes, Enstar does get them. Pierce asked La Shot if he was certain HEA has had the opportunity to respond to this vacation. La Shot said no, he can't be certain. Bryson added a statement of non-objection was received by the Borough by HEA regarding this vacation. He added HEA either missed it or didn't check it out. Bryson suggested La Shot call the Borough for confirmation. Goecke asked for clarification on ownership; do the Oilers own the whale part other than part 5b? Ladd answered yes. He said he gave the Oilers some land because their building was fi' into his property. He added the building could no# be moved because of the concrete foundation and walls. Bryson said the new name will be Lot 4A after the vacation. MOTION Pierce MOVED #or recommendation to the Council for approval of the vacation. Goecke SECONDED. VOTE Pierce Yes Glick Yes Goecke Yes Walker Yes MOTION passes. Werner-Quade Yes Bryson Yes Bryson added if HEA erred in this vacation, it will come back to the Borough for action. 5. PUBLIC HEARINGS None . KENAI PLANNING AND ZONING COMMISSION Meeting -January 12, 1994 Minutes Page 5 6, NEW BUSINESS a. Goals and Objectives La Shot said he gave the Commission a list of goals and objectives to review. He said it is suggested the comp. plan be reviewed every two to three years and might be something to look at in the latter part of the year. He stated zoning along the Spur Highway and zoning in the Angler Drive area should be looked at. La Shat said a lot of the Angier Drive area is being used by guides and bed and breakfasts with conditional use permits. He said a few years ago this area was looked at and it was decided to keep it this way so each case could be reviewed. He added he has had calls from residents that want to enlarge their businesses in the area and residents who just live there and want to protect their property and life style. Bryson asked the Commission for ideas. Walker said he has two items in mind: 1. He would like to see the Commission review the sign ordinance: 2. The review of the Spur Highway zoning. Walker said he also had listed the comp. plan and added he would like to see the Commission not only review the plan, but use more as a guide. He added he would like to see the Commission continue to try to be responsive to the citizens of the community and their needs. Pierce handed out a memo listing his thoughts on goals and objectives. Walker asked Bryson if the Commission had anything to do with the planning of the new animal shelter. Bryson said the Commission did not have any input. Walker stated the Commission seems to get over looked in some of the planning steps. Werner-Quade stated a concern regarding the closing of the camp site on Forest Drive. She said there is a need for overnight camping in the city and she would like to see the Commission look into it. Goecke stated his wish for the city to work with the DOT to take the pressure switches off the traffic lights and make them a timed Light. He said he has spoken to La Shot and the Police Department about the problem but they have no control over it. Werner-Quade added she would like to see the Bridge Access and the Main Street Loop turning lanes painted so that there won't be so much con#usion at the intersection. La Shot said Main Street Loop is city maintained. There was discussion on whether or not a goals and objectives list could be compiled for the January 19, Council meeting. La Shot stated administratively the work could be done for the packet. It would be up to the Commission to put together a list. He stated his concurrence with Walker that the Commission has not been included in capital improvement projects as it should. • KENAI PLANNING AND ZONING COMMISSION Meeting -January 12, 1994 Minutes Page fi Pierce asked if the Commission has put together a list of priorities, long term projections, planning, as it relates to capital projects. Bryson said the Council had put together the list of projects but did not bring anything to the Commission until they were ready to print the brochure. Smalley said there was a time when Planning & Zoning worked with the Council on the capital improvement list. Ha said it abruptly stopped one year and the Commission was never included again. He added he does ask the Council to include the Commission in it's planning. Pierce noted the code states part of the powers of the Planning & Zoning Commission is to make recommendations to the Council on capital improvements. {14-1 and 14-2.) Wemer-Quads added it would be beneficial for the Council to meet with other committees when planning the capital improvements. Bryson stated his concurrence with earlier statements regarding the zoning along the Spur corridor. He said he did not feel Bush Lanes needed to be expanded; it already had a frontage that was acknowledged as general commercial. La Shot asked for suggestions to be passed on to Council. Pierce said he wants to strongly recommend Planning & Zoning be included in the planning process for capital projects. Smalley said he will make that comment to the Council. Pierce stated he feels part of the Commissions job is to look to the future and plan. He said if we sit back and get complacent about what our needs are down the road, we're not planning ahead. Pierce said the city should have a long term budget on capital expenditures and what the future needs are. He said the plan could be updated on an annual basis and prioritized based an needs or necessities. To wait until the end of the fiscal year then decide what the city needs is not planning ahead. He agreed with Walker that if goals and objectives are going to be written then you need to pull them out once in a while and use them as a guide. Smalley said the city does have, and operates off, long term goals, plans, and capital improvement projects. The goals have been developed over the years and are checked off the list as they are accomplished. The CIP list sent to Juneau is modified with the immediate goals on it; rather than putting too many goals on it and having them lost in the paper work. Smalley stated again he feels the Commissions need to be more involved in the development of the long range plans. Pierce asked what the process is to get funds from Juneau and what the balance is in the city savings account. Smalley told him the city general fund has approximately $9~/2 to $10 million, and probably the same in the airport account. Walker asked if that was the right amount for the. airport account. La Shot said it's pretty big, it may be higher. • KENAI PLANNING AND ZONING COMMISSION Meeting -January 12, 1994 Minutes Page 7 Pierce asked if the airport account is used for airport only and Smalley said yes; it's revenue the airport generates. Smalley tried to clarify his answer to Pierce about why we request projects the way we do. He said we get information #rom Ashley Reed on what money is there and for what projects the funds might be issued to. The animal shelter, for example, may qualify for same matching funds or grant money that is available. The city is suggesting it may be more of a regional project than a city project; that may make it eligible for funds we wouldn`t normally get under revenue sharing types of money. Bryson said the City Council has typically been willing to have a project designed with their own money and then go a#ter the project. He added the city has been very successful in funding a lot of projects. Pierce asked if the city could wait for funding on the Animal Shelter. With the awful conditions that are there; should the problem be addressed immediately or wait for funds? Smalley said it is a major project the city is attempting to get funding far and the council has gone on record making it a number 1 concern. He added number 1{b) would be water quality. Regarding water; we don't have any idea how much it will cost. He said it could be $1 million to $15~/z million; we really don't know. He stated if we put water as our number 1 priority, we may only get $200,000 from Juneau and we wouldn't be able to do anything with that small of an amount; Juneau would then give that money to another project. Bryson asked the Commission if there is any consensus on the goals and objectives. MOTION Wacker MOVED to send the following list to the City Council for the Planning and Zoning Commission's list of Goals and Objectives: 1. Review the Comprehensive Plan. 2. Use the Comprehensive Plan sections dealing with long term goals and objectives for the city and include the City Council's list of long term goals and objectives. 3. Review commercial zones along the Spur Highway considering the shift in major commercia! development and reconstruction of the Spur Highway. 4. Have Planning and Zoning participate in the planning of Capital Improvement Projects. 5. Review the Sign Ordinance. Goecke SECONDED. KENAI PLANNING AND ZONING COMMISSION Meeting -January 12, 1994 Minutes Page 8 MOTION passes. Bryson requested Administration draft this list for the City Council meeting of January 19, 1994. Smalley asked Walker to clarify number 1, reviewing the comp. plan, did he mean to include the review of Title 14. Walker stated no, he did not include that in the motion. b. Letter from State DN R -Preservation Needs La Shot said this does not appear to be specifically inside a historic zone; it could be inside or outside a historic zone. He said if anyone knows of any preservation needs, this is -the way to report it to the state. 7. OLD BUSINESS None 8. CODE ENFORCEMENT ITEMS a. Code Enforcement Table 6ryson asked La Shat if there has been any change in the status on any of the items. La Shot said the Holleys have not shown up with their conditional use permit; the second one (Quandt's property) has had no changes, but he did notice some of the junk cars might be in the city's waterline easement and he will look into it; Gus Rhodes has been turned over to the legal department; the last one is a complaint about someone living in a camp trailer which there has been no response yet. 9. REPORTS a. City Council -Hal Smalley Smalley said Jim Clark spoke to the council. He said Central Peninsula Counseling Services has the opportunity to apply for grants to build a couple of buildings within the city.. They want to see if there is a process they can follow to get a hold of a couple of parcels of city land, via a variety of ways. The first request was to see if the city would donate; the second request was for the city to sell it to them far a nominal fee;.the third was what ever other format the city has -airport land. Smalley said anytime the city deals with airport lands we have to get a set price that is already established for the property; if it's land the city donates, and it's airport land, we have to reimburse the airport fund from our general fund. If they lease they will pay 6% of the appraised rate per year. The city asked Mr. Clark to work with City Administration and draft a proposal they felt Juneau might accept. In order for them to qualify for the grants, they need to show they have land available and they have some kind of access to it. The land being considered is behind Country Foods and behind B&C Auto. KENAI PLANNING AND ZONING COMMISSION Meeting -January 12, 1994 Minutes Page 9 Smalley said Council passed Resolution 94-1 supporting the proposed oil and gas lease of 85. A statement that referenced the draft of the tri-borough position on lease sale 78 was removed from the resolution. Smalley stated some of the Commissions have already turned in their goals and objectives. He said the Parks and Rec. Department is already looking at some type of overnight camping facility within the city. Smalley said the well south of Anglers Acres is being tested for a possible water source. He said the sample taken was as clear as the city's best well; there is already a 12" casing in the ground and it is approximately 180' deep. Mr. Call spoke to the council regarding Bush Lanes SID. His concern was that Doyle created the land use himself when he chose to use it commercially; he also opposed it because it makes it difficult for him to get into his back yard. Mr. Call did not think he would make it to the Borough meeting and wanted his comments to be on record. Smalley said there was mention of an iSTEA project; a boardwalk going out to Birch Island. He said the funding would be 90% state and 10% city; when looking at $400,000 to $1 million Smalley stated we should wait until it is 100% state and 0% city. He added we have greater needs that could be used with ISTEA money; Mission Street being one of them. Smalley said the council will be working on the evaluations of the City Manager, the City Clerk, and the City Attorney. He added the City Manager will give the council his State of the State -Kenai address. Goecke asked for a copy of the citys long range plans. La Shot said he could put together a report for the years capital projects and pass that along. Goecke then asked who wants the boardwalk to the island. Smalley said the state (Neil Johansen} contacted the city regarding that project. Smalley said there has been some mare changes on the Spur Highway project. La Shot clarified that most of the curb and gutter and most of the street lights have been removed from Swires to Tinker, but will still be four lanes. He added we have not received the plans yet. Smalley stated the city sent a letter of objection to the changes; the city would like the state to stick with the original plan. Pierce commented again about how money is being spent in the state. He said there is something wrong when they want to put in a boardwalk that is not needed. He said to look at the Sterling Highway project; the Spur Highway project is a necessity and they are trying to take everything from the original plan. Werner-Quads asked if Mr. Manninen's state of the city address is going to be open to KENAI PLANNING AND ZONING COMMISSION Meeting -January 12, 1994 Minutes Page 1 Q the public. Smalley said no; it will be an executive session because it is a personnel issue. He added he will give the Commission a report. Werner-Quads stated she is interested in Mr. Manninen's assessment of the city as being anew-comer. Walker asked what the concerns were over the vote on the TSH Ordinance. Smalley said the council received a letter stating there are individuals in the TSH (or who deal with entities within TSH) that think the city should have not rescinded it's previous action to adopt a smaller scale proposal of TSH. There has been filed with the city, a request for a rezone consideration in that area, but cannot be acted upon for 9 months. Smalley said there was a lot of emotion involved in this subject. He stated some thought the city had erred in allowing the potential of apartment complexes to be built right next to the church. The letter also said the Russian Church might request the city remove the shrine from its letterhead, and not make any reference to the church in any of its literature. Walker asked Councilman Smalley if the Church also requested the city stop maintaining their road. Smalley said he did not hear that remark; although it may have been said privately. b. Borough Planning Commission -Phil Bryson Bryson stated he had already addressed items pertaining to the City of Kenai earlier in the meeting. He added information received by the Borough regarding some land in Homer. A property owner received a Carps of Engineers permit to fill some wetlands in 1985. The permit eventually expired and the wetlands were not ever filled. The property owner. petitioned to re-establish the permit so he could sell the property. The Borough recommended defeat of his petition because it did not conform to the Coastal Zone Management Plan. Walker asked what the use of the property is. Bryson said it is presently used for storage of same vans. it used to be used for boat storage. The property is next to the airport, Lampart Lake. Bryson said he felt the application had merit because it had prior approval. The permit was recommended to be denied and it will go on to the Corps for action. c. Administration -Jack La Shot La Shot said the city is actually testing two wells; the one on Angler Drive and a residential well across from Cunningham Park. Both samples have been sent far testing. La Shot added the city is looking at drilling an exploratory well between wellhouse 1 and 2; the property is state land that has been set aside for municipal selection to the Borough. The Borough has management authority and is expected to give the city an entry permit. La Shot told the Commission he has been appointed to the Kenai River Special Management Board. He said he will keep the Commission informed of what is happening with the Board. " , KENAI PLANNING AND ZONING COMMISSION Meeting -January 12, 1994 Minutes Page 11 Goecke asked La Shot how far it is from Angler to the Thompson Park water and sewer line; if it could be hooked together. La Shot said there is a problem with aesthetics. Smalley said it is approximately 1 mile to the well from the Spur. La Shot added it would probably be mare beneficial to go the other direction; about 3 miles. 10. PERSONS PRESENT NOT SCHEDULED None 11. INFORMATION ITEMS None 12. COMMISSION COMMENTS & G}UESTIONS Nane 13. ADJOURNMENT There being no further business, the meeting was adjourned at approximately 8:40 p.m. } Minutes transcribed and submitted by, . ~Ld1C~~= ~~~ Kathy Woodf rd Administrative Assistant, Public Works/Planning PLANNING AND ZONING COMMISSION MEETING DAT - ~ -~ ~ ~ ~~ J ~~ ~ J~ ROLL CALL TERESA WERNER-QUADE R l~f '~ Charlie Pierce ~ 2 ~ 2 Carl Glick '~~ 3 ~~ 3 Ron Goecke ~ ~ ~ 4 Lori 5 McComsey Kevin Walker `~ '`~ ~ 6 Phil Bryson* ~ ~ Councilman Smalley *Last Vate TO DO LIBTz ~~ ~~,~ ~~