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HomeMy WebLinkAbout1994-07-13 P&Z MinutesCity of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION **AGENDA** July 13, 1994 - 7:00 p.m. Chairman Kevin Walker i. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES June 22, 1994 4. PERSONS PRESENT SCHEDULED TO BE HEARD ,a. Jim Butler, Attorney -Exxon Valdez Trustee Council Small Acquistion Proposal - 100 Acres Lower Kenai River -Chester Cone ~5. PLANNING ~~ a. Resolution PZ 94-34: VIP Estates Watergate Addition 6. PUBLIC HEARINGS a. Resolution PZ 94-32: Variance - D. Cheney McLennan Lot 5, Luebke SID r~ ~ b. Resolution PZ 94-33: Variance -Donald Aase } 2fi10 Watergate Way 7. NEW BUSINESS 8. OLD BUSINESS 9. CODE ENFORCEMENT REMS 10. REPORTS a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS 1. Open Meetings Act Clarifications 2. Letter from Gerald R. Brookman -Regarding "junk yards" 3. Letter from Gus Rodes -Requesting information 1 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT ~lG' 210 Fidalgo, Suite 200 . -~ City of Kenai, Alaska PLANNING AND ZONING COMMISSION **MINUTES** \ _ July 13, 1994 - 7:00 p.m• ~'-f - Chairperson Kevin Walker 1, ROLL CALL Members present: Ron Goecke, Carl Glick, Charlie Pierce, Teresa Werner-Qua e, Kevin Walker Members absent: Phil Bryson {excused}, Lori McComsey (excused) Ad Hoc: Councilman Hal Smalley Staff present: Jack La Shot, City Engineer; Loretta Harvey, Administrative Asst. 2. APPROVAL OF AGENDA Carl Glick moved approval of agenda as presented, and asked for unanimous consent. Charlie Pierce seconded. Passed by unanimous consent. 3. APPROVAL OF MINUTES June 22, i 994 Ron Goecke moved approval of minutes as presented and asked for unanimous } consent. Carl Glick seconded. Passed by unanimous consent. 4. PERSONS PRESENT SCHEDULED TO BE HEARD a. Jim Butler, Attorney -Exxon Valdez rnTiersKenai R'~er SChestearCone Acquisition Proposal - 100 Acres Lo Jim Butler, said he had been working with Cope the Kenai R ~eeV Butler hasssubm fitted concerning a parcel of property Cone owns a proposal on behalf of Mr. Cone under the Exxo~1eV elxela'ned thatCthe Counc alwas Acquisition Proposal Program (EVTCISPAP). Bu p formed as a result of the Civil Consent Decree wollars hhas been dep sited lin State and Federal Governments. About $900 million d Anchorage and the EVTC has been formed to admi sste ro fide for the generaouncil has four main objectives in administering these fund p restoration of spill impacted areas; provide for habitat P n~estioat'o not the impacted ill zone; provide monitoring and research for the ongoing g and administration of the fund itself. The lands, and; also provide public information, goal is for each program to aid in the recovery of impacted land. Planning & Zoning Commission July 13, 1994 -Minutes l Page 1 \ 1 - The Small Acquisition Proposal of ~~dtf om Valdez to Chign k, East oftChign ~oand acres in size. The splll zone +s d north tv just above the forelands on both sides of the Inlet. So the Cone property and Kenai River, is well within the defined area. The restoration funds can protect and acquire parcels of property that contain habitat that is important to injured resources. Among the injured resources that a number of agencies have identified on Mr. Cone's property (as he's gone through the permit process} are sockeye, pink salmon, doily varden, bald eagles, inter-tidal organisms, and the common murre. The sockeye is the species that has been significantly impacted in the Kenai River. The Council is not necessarily looking for aH river frontage they are looking for support land, which would allow a certain filtration effect. One of the other areas the Council considers is damaged services, both commercial anhe decre+ase 9 the numbercof fish halo eaged resources in the spill area because of t available. Also, as a result of managing around spill impacted areas, agencies have had to focus increased pressure on certain areas, which has increased habitat dam age. Mr. Cones' property is subject to the KPB Coastal Zone Management Plan (CZM) and the EVTC has developed a restoration plan that they and the CZM believe fit within the general policy goals of that program. The property is also a part of the Kenai River Special Management area and one of the criteria the Council will review is if they can administer the property. Since this area is so close to DNR's park jurisdiction . it should be easy to administer. Butler asked the Commission to consider two things. One is to support the project or the proposal and the other is support an expedited review of this property, since the CouncN has the ability to do that. One of the reasons they wish to have an expedited review is that Mr. Cone has been dealing with this property for well over fifteen years. Since not too many properties afo~ g tlt doesn't mlake sense for the agen ~esna vo+lved property has been stud+ed for yea to reevaluate the property. Butler submitted a draft letter that outlined support for the project. The main reason Butler had come before the Commission was to alert them that the Council is in the process of obtaining property. They will be spending a tremendous amount of money on this in the next few years and he again asked for the Commission to support Mr. Cone's proposal. Chairman Walker asked Butler what would happen to the property once it is acquired, wil I it be locked up from development? Planning & Zoning Commission July 13, 1994 - Minules Page 2 Mr. Butler responded that it will not, the agencies will vest title in either a State or Federal Agency or they can vest title in a number of different non-profits who could be organized to administer the property. Because this property is located where sports fishing has been impacted they are very interested in proposals on how to administer that property. Oddly enough Mr. COOUncprmatht havera differe 9 pe specbtlive on how ramp has been shot down but the C g to develop one. They have also discussed taking the upper portion of the property off Beaver Loop road and developing a viewing area. The idea is that Mr. Cone should not have to hang on to this property for the perpetuity of the public, if the public wants to benefit the public should own it. Butler submitted a draft letter to the Commission in support of Chester Cone. He also said if the Commission wished to work with him in developing options for the property, he would be glad to discuss any items that would meet the City`s needs. Chairman Walker called for a brief recess to review the letter. RECESS: After a brief pause Chairman Walker called the meeting back to order and asked the Commission's wishes. MOTION: RON GOECKE RECOMMENDED THE COMMISSION SEND A LETTER TO THE EXXON VALDEZ TRUSTEE COUNCIL, SUPPORTING THE PURCHASE OF 100 ACRES ON THE KENAI RIVER, BELONGING TO CHESTER CONE, UNDER THE EXXON VALDEZ SMALL PARCEL ACQUINI BE HANDL DA N. AN EXPEDITEDUDE IN THE LETTER THAT THIS APPLICA 0 MANNER. CHARLIE PIERCE SECONDED. DISCUSSION: Chairman Walker asked Mr. Goecke if he wished to use the letter as reviewed. Goeke said he would leave that to the Chairman's discretion. Walker said he would like to incorporate staff comments. Jack said it might be a good idea to incorporate that this was property the city had tried to purchase to develop a boat launch. Chairman Walker asked for further comments from the public. Chester Cone said he had tried to sell the property to the City two times, but because of C4E permits the City backed out. Cane has had problems with developing or selling this property for years. Planning & Zoning Commission July 13, 1994 -Minutes Page 3 - Chairman Walker said he would support this for Mr. Cane, but he did not want the land to be locked up. He thought a boat launch would be the best use for that property and hoped that whoever acquired the property would develop it to benefit the community. Walker then called for a roll ca11 vote: VOTE: SUPPORT OF EXXON VALDEZ TRUSTEE COUNCIL SMALL ACQUISITION PROPOSAL - 100 ACRES LOWER KENAI RIVER -CHESTER CONE Bryson Goecke ~ Pierce ~ Werner-Quade EXCUSED ~ YES ~ YES ~ YES MOTION PASSED UNANIMOUSLY. 5. PLANNING McComsey ~ Gllck ~ Walker EXCUSED IYES YES a. Resolution PZ 94-34: VIP Estates Watergate Addition MOTION: RON GOECICE MOVED APPROVAL OF RESOLUTION PZ 9434. CARL GLICK SECONDED. Chairman Walker asked if anyone in the public wished to address the plat which was on Watergate Way, VIP Park Addition? Jack La Shot reported that the plat would subdivide one large lot into two substandard lots, this resolution should be contingent upon PZ 94-33 which is the Variance to allow this. Jeri Shivers, said she lived in the subdivision on Schooner Circle. She said she had been on vacation so had dust received the notification. Shivers said the lot plat seemed to be against the integrity of the subdivision compared to the lots that are there now. It is also against the subdivision covenants. The lots are 1 acre lots and that is one of the reasons the Shivers moved there, and also the area is low density residential. If Aase is allowed to split the lots it would make it so more acreage could be used for residential area and it may also put resale values at a lower cost. Shivers was concerned that this area might develop a Thompson Park problem, where the wells and septic tanks are too close together and can cause contamination. She noted on the proposal that he was only building one house, but she wondered what he would be doing with the other parcel. Planning & Zoning Commission July 13, 1994 -Minutes Page 4 Don Aase, said he wrote the covenants in the subdivision based on a 10 year period. It has been 12 years now, and now people can re-subdivide. There is also a clause in the covenants of no businesses, and there is a Bed & Breakfast there now. Aase said he could put afour-.plex in there, but he is building private residences. Sandra Bowman, 2930 Schooner Circle, this is the property right along the edge of the proposed development. She said the 40,000 sf minimum should be met by all landowners. She said that same of the lots are 39,000 or almost 40,000 and there is no development on these. Bowman said that they played by the rules, they only bought into the area so the houses would be separated. Both of the houses would be in her backyard and she would have never bought her house if she knew two houses would be built there. The Bowmans are concerned about their well, if they have water problems and have to go deeper would the Aase's be taking their water. They are also concerned about the sewer problems other subdivisions have had from over development. Some of the neighbors did not realize that this was happening and they think if this is passed other people will begin splitting their lots. The subdivision will end up not being rural like they've enjoyed. They don't want to have the noise pollution and the extra traffic. They do not want two houses on 314 of an acre each, they want the 40,000 sf minimum. Chris Gabriel, 2727 Seine Court, said his property borders the southwest lot line of the property. His main concern is the same as his neighbor, that this might set a ~ precedence and other people seeking variances will try to develop substandard lots. He said he did not believe Aase would develop anything that was not allowed by the covenants, but he fielt his neighbors had moved there for specific reasons, to maintain the 40,000 sf minimum and try to hold a steady line on property values. Gabriel's main concern was that there was not a precedent set for substandard lots in the subdivision. Sandra Bowman asked if she could read some information from the covenants? Chairman Walker said the Commission did not address covenants, those were between the subdivider and the landowners. Walker asked for further comments from the public? Seeing and hearing none, he brought the item back to the Commission. Ron Goecke asked what the minimum sf was far DEC regulations? Jack La Shot said it was 40,000 sf, which was the main reason the Rural Residential zone is set at that minimum. As a condition of the variance a waiver of the DEC rule should be provided. In this subdivision it's likely they would grant the waiver because of the right-of-ways surrounding the lots in question, and because of the good soils in that area. They can use ROWS as soil absorption areas and to provide seperation distance. Planning & Zoning Commission 1 July i 3, 1994 -Minutes J Page 5 Chairman Walker asked for further comments or questions from the Commission. Seeing and hearing none, Walker called #or the question. VOTE: RESOLUTION PZ 9434: VIP ESTATES WATERGATE ADDITION Bryson Goecke Pierce Werner-Quade McComsey Glick Walker EXCUSED YES NO NO EXCUSED NO NO MOTION FAILED BY MAJORITY VOTE. 6. PUBLIC HEARINGS a. Resolution PZ 94-32: Variance - D. Cheney McLennan Lot 5, Luebke SID MOTION: CARL GLICK MOVED FOR APPROVAL OF RESOLUTION PZ 9432. RON GOECKE SECONDED. Chairman Walker asked if there was anyone in the audience who wished to address ~ the item? Seeing and hearing none, he brought it back to the Commission for comments. Carl Glick said it appeared that he was asking for 4/10ths off the 20' yard setback. It is on a corner lot and it cuts down the setback on his yard according to the plat. Glick said he would be in favor of this variance. Walker asked for further comments seeing and hearing none, he called for the question. VOTE: RESOLUTION PZ 9432: VARIANCE - D. CHENEY MCLENNAN LOT 5, LUEBKE SAD Bryson Goecke Pierce Werner-Quade McComsey Glick Walker EXCUSED YES YES YES EXCUSED YES YES MOTION PASSED UNANIMOUSLY. Planning & Zoning Commission July 13, 1994 -Minutes Page 6 b. Resolution PZ 94-33: Variance -Donald Aase 2fi10 Watergate Way Chairman asked Staff since Item 5 b. failed should the Commission proceed to the next agenda item? La Shot said that would be appropriate, since this item was contingent on passage of the plat. Walker told the public that this item would not be addressed as the item failed. 7. NEW BUSINESS 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS t0. REPORTS a. City Council Smalley reported that he was not at the meeting but there was an agenda in the packet. A Board of Adjustment Hearing has been set for July 20th, immediately preceding the Council meeting, regarding the encroachment on DEEPWOOD Park for Pam & Tom Cochran. The appeal had been filed by Marion Nelson. b. Borough Planning No report available. c. Administration Jack La Shot said he recently noted an ad in the Clarion that the Kenai Peninsula Borough was going to be developing a permanent transfer site at the location of the present temporary site off Redoubt. That zone is now Recreation and there was some controversy when the Borough looked at this site in the past. La Shot said that Staff could not find records of a time limit for the present site but since this would be a permanent site does the Commission feel this could need a Conditional Use Permit? Chairman Walker asked if a condition of the permanent transfer site could be that some type of foliage be planted over the area? Since they are making major changes to the original plan he felt that the proposal needed to come back before the Commission. La Shot said Staff would set the Conditional Use Permit for the next meeting. Planning & Zoning Commission July 13, 1994 -Minutes Page 7 1 i. PERSONS PRESENT NOT SCHEDULED Gus Rodes, 207 Birch street, said he received all the information he had requested from the City. Also, on Monday, at 1:30 in the afternoon, on the 18th the taxpayer's dollars will be at work. That's when Rodes will be appearing in court on his junk car charge. 12. INFORMATION ITEMS 1. Open Meetings Act Clarifications 2. Letter from Gerald R. Brookman -Regarding "junk yards" 3. Letter from Gus Rodes -Requesting Information 13. COMMISSION COMMENTS & QUESTIONS Charlie Pierce -None. Ron Goecke -None. Lori McComsey -Absent (excused). Phil Bryson -Absent {excused}. Carl Glick -Asked Staff if Sandra Apostofos had contacted the City regarding her Home Occupation? Loretta Harvey said she had picked up the proper permits but had not returned them to date. Teresa Werner-Quade -None. Kevin Walker -None. 14. ADJOURNMENT There being no further business Ron Goecke moved to adjourn. The meeting was adjourned at approximately 8:50 p.m. Respectfully submitted, inistrative Assistant Planning & zoning Commission 1 July 13, 1994 -Minutes J Page 8