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HomeMy WebLinkAbout1994-01-26 P&Z MinutesKENAI PLANNING AND ZONING COMMISSION <- JANUARY 26, 1994 CITY HALL COUNCIL CHAMBERS CHAIRMAN PHIL BRYSON AGENDA ~C// ~ ' ~Gf _ ~ ~ ~~ ~ ~~~~. 1. ROLL CALL -Election of Officers ~Gf~ ~~~ ~ ~~~~~~. 2. APPROVAL OF AGENDA ~~~,~,~~1 3. APPROVAL OF MINUTES January 12, 1994 ~c`~"~~/ 4. PLANNING a. Plat Approval - Hakkinen Subdivision -Res. PZ 94-1 ~~~-~~' b. Plat Approval -Redoubt Terrace Add. #8 -Res. PZ 94-3 .~c~-~-~~ c. Plat Approva! -Ruby's Dazzling Scenic View -Res. PZ94-4 .~«~c~ d. Plat Approval -Baron Park No. 9 -Res. PZ 94-5 ~~~~c e. Lease Application -James H. Doyle ~~~~~Gr 5. PUBLIC HEARINGS ~ a. CUP -Auto Repair & Maintenance, Payless Car Rental -Res. PZ 94-2 6. NEW BUSINESS ~~~~~,, ~~ ~~~ /f~ c• fii-~-+ a. Request far change in platting review process 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS 9. REPORTS a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS a. KPB letter -Coastal Zone Management Policy Working Group b. P & Z goals and Objectives 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT - PLANNING AND ZONING COMMISSION ~~~~~~~~~~'~~ ' JANUARY 26, 1994, 7:00 P.M. 1 CHAIRMAN PHIL BRYSON 1. ROLL CALL Chairman Phil Bryson tailed the meeting to order at approximately 7:OD p.m. in the Kenai Council Chambers. Members Present: Theresa Werner-Quade; Charlie Pierce; Carl Glick; Ron Goecke; Kevin Walker; Lori McComsey and Phil Bryson Also Present: Councilman Hal Smalley; Jack La Shot, City Engineer; Kathy Woodford, Administrative Assistant ELECTION OF OFFICERS Chairman Bryson stated he is stepping down from the Chairman position and opened the floor for nominations. Werner-Quade NOMINATED Charlie Pierce far the position of Chairman. Pierce DECLINED the nomination. Goecke NOMINATED Kevin Walker for the position of Chairman. Glick SECONDED. } MOTION Hearing no other nominations Glick made a MOTION for closing nominations. There were no objections, so ordered. Chairman Walker opened the floor for nominations of Vice-Chair. Bryson NOMINATED Carl Glick. Werner-Quade SECONDED. Chairman Walker asked for further nominations. There being none Walker closed the nominations appointing Glick to Vice-Chair. 2. APPROVAL OF AGENDA MOTION Bryson MOVED for approval of the agenda. Goecke SECONDED. Walker asked for objections to the MOTION. There were no objections. APPROVED BY UNANIMOUS CONSENT. KENAI PLANNING AND ZONING COMMISSION Meeting -January 26, 1994 Minutes l Page 2 ' 1 3. APPROVAL OF MINUTES -January 12, 1994 MOTION Glick MOVED for approval of the minutes of the January 12, 1994 Planning and Zoning Commission meeting. Werner-Quads SECONDED. There were no objections. APPROVED BY UNANIMOUS CONSENT. 4. PLANNING a. Plat A royal -Hakkinen Subdivision -Res. PZ 94-1 Bryson stated he will abstain from items 4a and 4b; his firm is involved with the plats. MOTION Glick MOVED for approval of Hakkinen Subdivision, PZ 94-1. Goecke SECONDED. Walker asked for public comment. There being no public comment the item was brought back to the Commission for action. Walker read from the staff report; this is a simple lot split, no installation agreement needed, city water and sewer are available. Werner-Quads asked i# there are existing buildings encroaching the lot lines being established. La Shot stated he did not believe there is; this should be verified by a surveyor. Bryson said there are structures shown on the plat; they encroach on the set- back but they are existing structures. He added he does not believe they encroach on the side set-back. Goecke asked if the lot line is going to follow the power line. Bryson said he is not that familiar wi#h the plat; Pat Malone is supposed to be at the meeting to discuss items 4a and 4b. Goecke said there is an overhead power line and a fence that goes around there. He added if that is where the lot line will be it is awful close to the building that fronts onto Evergreen. Walker asked staff to verify if the lot line is to split Tots 1 and 2. La Shot confirmed this. VOTE Werner-wade Yes ~ Pierce Yes Walker Yes Glick Yes Goecke Yes Bryson Abstain McComsey Yes ~ MOTION APPROVED. J KENAI PLANNING AND ZONING COMMISSION Meeting -January 2fi, 1994 Minutes Page 3 b. Plat Approval -Redoubt Terrace Add. #8 -Res. PZ ,94-3 MOTION Goecke MOVED for approval of Redoubt Terrace Add. #8, Res. PZ94-3. Glick SECONDED. Walker asked for public comment. There being no public comment the item was brought back to the Commission for action. La Shot said he needs concurrence from the Commission regarding his recommendation to plat Haida Drive as a 50' right-of-way; administration does not have a problem with it; it ties into an existing stub street off of Tanaga Avenue, which is 50; the major street would be Toyon Way, which is EO'. La Shot also asked for concurrence on his recommendation of having a minimum of paving, rolled curbs, signage and proper drainage. He added his recommendations are taken mainly from the code. Goecke asked where Haida Drive comes out at in relation to the townhouses on the end of Toyon. La Shot said past the townhouses, the extension of Toyon Way will continue and to the right will be Haida Drive; it will tie into Tanaga Avenue. Goecke asked if it is right past the new house being constructed. La Shot said the extension of Toyon Way goes by the new house; Haida comes in across from the new house. VOTE Goecke Yes Pierce Yes Glick Yes McComsey Yes MOTION APPROVED. Werner-Quads Yes Walker Yes Bryson Abstain c. Plat A royal -Rub 's Dazzlin Scenic View -Res. PZ 94-4 MOTION Pierce. MOVED for approval of Ruby's Dazzling Scenic View, Res. PZ 94-4. Glick SECONDED. Walker asked for public comment. There being no public comment the item was brought back to the Commission for action. There being na comments from the Commission Walker called for question. 1 KENA) PLANNING AND ZONING COMMISSION Meeting -January 26, 1994 Minutes Page 4 VOTE Pierce Yes Werner-Quade Yes Glick Yes Goecke Yes Bryson Yes Walker Yes McComsey Yes MOTION APPROVED UNANIMOUSLY. d. Plat A royal -Baron Park No. 9 -Res. PZ 94-5 MOTION Glick MOVED for approva! of Baron Park No. 9, Res. PZ 94-5. Bryson SECONDED. Walker asked for public comment. There being no public comment the item was brought back to the Commission for action. Bryson said at the KPB's Planning meeting there was a staff comment concerning the clarification of maintenance on Marathon road. La Shot stated the city maintains to the } end of the pavement; beyond the pavement Marathon Oil maintains it. Bryson asked La Shot to direct a letter to the KPB stating the city maintains it; there doesn't need to be any state approval for access. VOTE Glick Yes Goecke Yes Bryson Yes Pierce Yes McComsey Yes Walker Yes Werner-Quade Yes MOTION APPROVED UNANIMOUSLY. e. Lease A lication -James H. Do le Walker stated this is a lease approval for Lot 1, Block 3, Gusty Subdivision #4. MOTION Bryson MOVED to approve of the Lease Application by James H. Doyle, Lot 1, Block 3, Gusty Subdivision #4. Goecke SECONDED. Bryson stated this lease lot is in the Ski-Mo area and is an existing lease. . KENAI PLANNING AND ZONING COMMISSION Meeting -January 26, 1994 Minutes Page 5 Walker stated the FAA requires these leases to maintain their cancelability. He said the recommendation of cancelability should be added to the motion. Bryson concurred with Walkers recommendation. VOTE Bryson Yes Pierce Yes McCornsey Yes Glick Yes Werner-Quade Yes Walker Yes Goecke Yes MOTION APPROVED UNANIMOUSLY. 5. PUBLIC HEARINGS a. CUP -Auto Re air & Maintenance Pa less Car Rental -Res. PZ 94-2 MOTION Goecke MOVED for approval of C.U.P. PZ 94-2. Glick SECONDED. Walker opened item to public hearing. PUBLIC HEARING Dave Segura, 1120 1st Street. Segura stated he bought his home on 1st Street to get away #rom city traffic and businesses. He said the neighborhood is quiet and has a family atmosphere. Segura said he feels by letting this business move into the subdivision it will only pave the way for other businesses to do the same. He said the property is already an eye sore; there are cars and auto parts in front of it. Segura stated his concerns regarding homeowners property value and the apartment buildings around the lot having lots of children getting on and off the school bus in the area. He said young children don't know the difference between trespassing and getting in a wrecked car to have fun; possibly injuring themselves. Segura asked if there is going to be a fence put up around the lot. Michael Routh, owner of Payless Car Rental. Routh said he would like to address Mr. Segura's concerns. Routh stated he was told by the landlord the property was zoned for this use by grandfather rights. He later found that is not true. Routh said Blue Ribbon Auto & Repair is no longer in existence at this location. He said ail he is doing is washing and maintaining rental cars. Routh said they are all new cars and they plan to be out of there at the end of May. He said his lease goes to June 15, and the stuff that is on the property is the landlords; the only thing he has there is a car trailer. KENAI PLANNING AND ZONING COMMISSION Meeting -January 26, 1994 Minutes Page fi ~'. Pierce asked if there are any provisions being made to remove the cars that are on the property. Routh state three of the cars belong to the landlord; one is Blue Ribbon's and was never taken care of. Pierce asked if the cars are used; Routh stated no. Pierce said the CUP states July 15, as a deadline for the CUP; what provisions are being made to locate new facilities by that date? Routh stated he has spoke to Kim Howard about getting some city property by the airport. He added he would like to put up a metal building with an attached apartment. Pierce asked if the majority of Payless' business is generated from the airport; Routh responded yes. Pierce asked what travel route Routh is using to and from the airport. Routh said he is using Redoubt and 1st Street. Pierce asked how many cars he deals with a day. Routh said anywhere from 3 to 5 during the winter: Goecke asked for Routh's reason for using Redoubt and 1st. Routh said he travels slow to keep the cars clean; it's easier to travel slow on that route rather than the Spur. Goecke sta#ed the neighbors concerns of traffic through the subdivision; he suggested using the Spur Highway and Wildwood for access to appease the neighbors. Routh agreed to change his route. Walker asked if the shop is fitted with a wash rack; Routh stated no. Walker asked if there are any provisions being made for the potentially contaminated materials from the cars; grease, oil, etc. Routh said there is an existing trap in the floor. Walker asked if the trap is DEC approved. Routh stated the landlord told him it is. Walker asked if he had ever seen any paper work on the trap; Routh responded no. Walker asked if he is hooked to city water and sewer. Routh said it was put in last fall. Walker asked staff if he could be hooked up to city water and sewer in the garage. La Shot said there are car washes hooked to the city sewer system with approved traps. He offered to have the Building Official take a look at the trap in the Payless building. Bryson asked Routh if the garage is on the same property as the four-plex; Routh responded it's on a separate lot. Bryson said the drawing shows the lot as going out to Wildwood Road. Routh said his landlord told him the property does go to Wildwood Road and he took his word for it. He added this is only a temporary set-up for the winter. Bryson asked if Wildwood Road is city maintained; La shot responded yes. Bryson noted snow maintenance is not a reason to run commercial access through a residential area. La Shot said he felt Routh is' looking at the speed he is driving; he would like to go slower to keep the cars clean. Routh said he has never had a problem using the Redoubt & 1st Street as access. He added there are three people washing cars and they are not out hot-rodding the cars. Goecke asked if Routh would be accept a deadline of on June 1, 1994 to be out of the building. Routh said he had planned to be out sooner, June 1 would be good. He added his lease on the property is up June 15. Routh said someone in the Planning department suggested giving him an extra month on the CUP. Goecke said up until that date, the kids will be in school; after the end of May they will be out of school. Goecke said using KENAI PLANNING AND ZONING COMMISSION Meeting -January 26, 1994 Minutes Page 7 June 1 would, for the most part, take care of the "kid" problem. Rhonda Stewart, 1118 1st Street. Stewart said she wants to keep the neighborhood residential; if one business comes in, others will follow. Duane Bannock, 1105 1st Street. Bannock said his main concern is traffic and the children during the summer. Bannock stated an amendment to the motion, that may be forth coming, would alleviate some concerns. He said a May 31 cutoff date and access by Wildwood would be in the best interests of everyone concerned. Walker asked for further public comment; there being none the item was brought back to the Commission for action. AMENDED MOTION Goecke MOVED to AMEND THE MOTION to have the permit enforced until May 31, 1994 and to use the Spur Highway and Wildwood Drive far access. Bryson SECONDED. Bryson said there is property outside the subdivision that lies between the back of this property and Wildwood Road so they have no direct access to Wildwood; they will have to go an California Street. Bryson stated he wants to see this terminated; although he feels it should be terminated in an orderly manner. He said for that reason he will support the amendment but would not support the motion without the amendment. Werner-Quade verified with La Shot he will send the Building Official to inspect the drain. La Shot stated he will. McComsey said there was a letter issued to Holley; did he lease there before? La Shot said Holley is the owner; Routh is leasing from Holley. La Shot added the CUP would not apply to the owner; only to Payless Car Rental. Walker stated the Commission should be very attentive to the specifics of just washing and maintaining cars. He said there should be no one else in there doing work on vehicles; if the permit is granted. Walker said he is concerned with what is going down the drains. VOTE -AMENDMENT McComsey Yes Glick Yes Werner-Quade Yes Bryson Yes Goecke Yes Walker Yes Pierce No AMENDMENT PASSES. ~i KENAI PLANNING AND ZONING COMMISSION Meeting -January 2fi, 1994 Minutes Page 8 VOTE -MAIN MOTION Werner-Quads Yes Goecke Yes Pierce No Glick No MOTION PASSES. fi. NEW BU (NESS Bryson Yes McComsey Yes Walker No a. Request_for hangs in Platting_ Review Process. Walker said this item is before the Commission for consideration; the- Borough is requesting the plats be reviewed by the City before they are addressed at the Borough level. La Shot said there have been instances where plats have been reviewed by the Borough prior to the city advisory commissions looking at them. He said the City of Kenai has been concerned about it and so have the Cities of Soldotna and Homer. La Shot said the City of Homer has made a request, and Dick Troeger has suggested we make a format request similar to what the City of Homer has done; having the cities review before the Borough reviews. La Shot stated he would recommend doing this. Walker suggested letting the Council review this. He asked La Shot if he would pass it on to Council. Bryson stated his concurrence with the Council commenting on this. He said the incorporated cities are having problems with the Borough not being aware of their concerns because they have not had time to review the plats before the Borough. MOTION Glick MOVED that City of Kenai Planning and Zoning Commission support the request for the change in the platting review process. Goecke added it be passed on to the City Council. Goecke SECONDED. Walker said to send it on to Council with Planning and Zoning approval. 7. OLD BUSINES 1 None KENAI PLANNING AND ZONING COMMISSION 'Meeting -January 2fi, 1994 Minutes 1 Page 9 $. CODE ENFORCEMENT ITEMS Walker asked La Shot it there is anything new on the Quandt property. La Shot said no, he feels it is time to do something about it. Smalley asked about the location of some of the vehicles; being on an easement the city has for a water line. La Shot said there are quite a bunch of them. Smalley said the city needs to get more involved with cleaning this up. Walker asked if La Shot has spoke to the owners of the RV at 413 Haller. La Shot said he talked to the owner who is in the process of buying the house. He stated the person we sent the letter to is not the owner. La Shot said the owner told him he is not staying in the trailer on a regular basis; he has spent a couple of nights in it. La Shot said the Photo Quick sign car needs to be added to the list again. Walker said he wanted to add to the Payless subject; he said the auto repair that was there has ceased. He said the mechanic that was there no longer has tools there and is otherwise employed. 9. REPORTS a. City Council -Hal Smalley Smalley said Council approved the vacation for the Oilers and Doyle. Smalley stated a police car has been purchased from Hutchings Chevrolet; it was a budgeted item. Smalley said there was a lot of discussion on the Thompson Park Water and -Sewer assessment district. He said in most cases, citizens want the water and sewer but are unhappy with the methodology by which the city uses to determine the proposed assessment. Smalley said someone asked if they were to have their property assessed and challenged the assessed value the city attached to it, and it lowered their rate, would the city accept it. Mr. Brown said yes because it would be officially assessed. Smalley said a lot of residents think everyone should pay the same amount. Mr. Brown told them the methodology he is using is the way it has always been. Smalley said a couple of residents didn't want anything to do with city water and sewer. Smalley said the Council will evaluate the City Manager, City Attorney, and City Clerk. He added the department heads have been given the opportunity to evaluate the City Manager also. Smalley stated on February 5, 9:00 a.m., the Council will be meeting with different commissions on their goals and objectives. Smalley said he presented Planning & Zonings goals and objectives with the Council. He said he strenuously discussed. the issue of including Planning & Zoning in the capital improvements program; he told them , KENAI PLANNING AND ZONING COMMISSION 'Meeting -January 2fi, 1994 Minutes Page 10 it is in the code. Council said there are public hearings held on the capital improvements program; Planning and Zoning is welcome to attend. Councilman Bannock stated to Council it is in the code for Planning & Zoning to participate and if they are not going to do it that way then the code needs to be changed. Smalley said La Shot was appointed to the K. R.S.M. Board as the city representative, and Bob Scott was also asked to sit on the board. La Shot said there are several different boards related to the K.R.S.M. He said the Borough has a Coastal Zone Management committee to review land along the river far habitat protection. Pierce asked if the interceptor to Thompson Park was approved by residents in the subdivision. Smalley said the residents have nothing to do with the interceptor and it is not included in their assessments. He said right now the city is in the preliminary process of determining what the costs are going to be for the individuals hooking up. He added i# a resident is within 200' of city water and sewer; the code says it is mandatory to hook up. Smalley said their wells have to be capped and sealed and the septic closed. Pierce asked if the city set the rate of 10% for assessments. Smalley said yes. La Shot added there are DEC regulations that have to be followed when capping wells and closing septic systems. b. Borou h Plannin Commission - Phil B son Bryson said Hayes Subdivision Name Change requested an extension of time; it was granted. He stated there was a request for three mooring buoys in the VIP area of the Kenai River; they were approved. Bryson said the vacation for the Oilers was approved, and all four plats that were before the Commission tonight were also approved. Walker sta#ed a lot of people, across the river, lost their road access due to tidal action. He asked Bryson if any of the coastal programs are looking at this problem. Bryson said he thinks they will have to go through the Corps of Engineers. c. Admini tration -Jack La Shot La Shot referred to his status report in the packet and asked if there were any questions. He reported on the Kenai River Special Management meeting he attended. Smalley commented on the price of porta-potties. La Shot agreed they are very expensive. i0. PERSONS PRESENT NOT SCHEDULED None KENAI PLANNING AND. ZONING COMMISSION ' Meeting -January 26, 1994 Minutes l Page 11 1 i 1~ INF RMATION R'EMS a. KPB letter -Coastal Zone Mngmt. Policy Working Group b. P & Z Goals & Objective .C MI 10 MMENT & UESTIONS Walker asked if Planning & Zoning is under the same guidelines as elected officials as far as the open meetings rule goes. Smalley said he believes the Commission fails under the Open Meetings Act. La Shot was asked to check with the City Attorney regarding the Open Meetings Act. It was clarified that items on the agenda cannot be discussed between two commissioners that are on the same commission. Bryson stated to the Commissioners to watch out for people cornering them on an item; especially when there is a public hearing involved. He said the best thing to do is to tell them you have no opinion until the public hearing is held. Wemer-Quads commented it is time to start thinking about a work session #o review the Comp. Plan. Pierce said he attended a meeting earlier where he saw information that showed new construction on the Peninsula. He said Kenai's construction was way up and he is glad the Administra#ion is in support of new construction. Smalley said he will not be here for the February 23rd meeting. ADJOURNMENT There being no further business, the meeting was adjourned at approximately 8:45 p.m. Minutes transcribed and submitted by, G Kathy Woodf rd Administrative Assistant, Public Works/Planning