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HomeMy WebLinkAbout1994-07-27 P&Z Minutes1 City of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION "*AGENDA** July 27, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES July 13, 1994 4. PLANNING a. Resolution PZ 94-38: Home Qccupation Clint Hall - ifi15 Toyon Way, Redoubt SID b. Resolution PZ 94-39: HEA Landscaping/Site Plan Review c. Resolution PZ 9440: Silver Pines SID, Petersen Addition 5. PUBLIC HEARINGS a. Resolution PZ 94-35: Variance -Marion Nelson (request for postponement) 1 ifi Wooded Gien Court b. Resolution PZ 94-36: Encroachment -Dan Roberts 694 Sycamore Circle, Woodland SID c. Resolution PZ 94-37: Conditional Use Permit - KPB Transfer Site Tract A, Jettison Junction, Redoubt Bivd. 6. NEW BUSINESS 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 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT ~~~~ ----- City of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION **MINUTES*" July 27, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL Members present: Phil Bryson, Carl Glick, Ron Goecke, Charlie Pierce, Lori McComsey, Kevin Walker Members absent: Teresa Werner-Quads (excused} Also present: Councilman Hal Smalley; Jack La Shot, City Engineer; Loretta Harvey, Administrative Assistant 2. APPROVAL OF AGENDA MOTION: CARL GLICK MOVED APPROVAL OF THE AGENDA AS PRESENTED. LORI MCCOMSEY SECONDED. VOTE: Bryson Goecke Pierce Werner-Quads McComsey Glick Walker YES YES YES ABSENT- EXCUSED YES YES YES MOTION PASSED UNANIMOUSLY. 3. APPROVAL OF MINUTES Juiy 13, 1994 CHARLIE PIERCE MOVED APPROVAL OF MINUTES AND ASKED FOR UNANIMOUS CONSENT. RON GOECKE SECONDED. PASSED BY UNANIMOUS CONSENT. 4. PLANNING a. Resolution PZ 9438: Home Occupation Clint Hall - 1G15 Toyon Way Kenai Planning and Zoning Commission July 27, 1994 -Meeting Page 1 MOTION: CARL GLICK MOVED FOR APPROVAL OF RESOLUTION PZ 9438. CHARLIE PIERCE SECONDED. Chairman Walker asked if there were persons in the audience who wished to address this item? PUBLIC TESTIMONY -VERBATIM: Diane Smith, 1600 Toyon Way. We are the first house adjacent to this subdivision that Mr. Hall is putting in and we object to him putting a business in his home there. We have had a great amount of traffic due to, not just construction, I mean we understand construction going on, and we know he's building homes there, but he has a permanent office there right now, and he has employees there every day to the point where I can't get out of my driveway. There are times I've had to call the City Hall. One day we had three times we couldn't get out of our driveway. I've had to wait until someone comes and get their cars, or removes their car. There is so much traffic there and the traffic is, at times, speeding because we have so many clients of his going back and forth, back and forth, because they have to go there to #ind out about their home, I assume. Plus, his other workers who go to check in on his other jobs. And, there is so many children in our neighborhood, f think within a one block radius of either side of the subdivision we counted close to 50 children in that neighborhood who have always played around and out in the street and what not. A lot of them do not feel good doing that, my grandchildren included. We also have a lot of trucks going through, just picking up gravel and things like that, and it's just been inconvenient. We've had a very nice quiet neighborhood and I know we can't stop progress, I know, we understand that with a new subdivision going in. But with all the added traffic of a business we're very opposed to that. I guess that's all I have to say. Chairman Walker, "Are there any questions for Mrs. Smith? (pause) I have one if I may. How long has this been a problem?" Diane Smith, "Well we were gone part of the winter. And when we got back the house was built. Since we got back it's been a problem." Chairman Walker, "This has been a problem all this summer?" Kenai Planning and Zoning Commission July 27, 1994 -Meeting Page 2 Diane Smith, "Yes, we got home the first part of April. So, it's been a problem and I don't know I wasn't there up to that time. A lot of the neighbors were, but up to that time, I don't know what went on. But, we came home to a subdivision in our back yard. So, anyway ..." Mike McCune," My name is Mike McCune, I'm a resident of 1520 Toyon Way. We moved there in 1988. Along that stretch of street, off the top of my head, coming over here, I counted 13 children who are all grade school or less. That's not including the, well there's probably another half dozen which are in highschooi systems here in Kenai. I have, I don't know if Mr. Hall is here, I've never met him and one I'd like to welcome him to the neighborhood. Number two, is I have no opposition whatsoever of development in the area, and number three I do opposed having an office and a business run out of a residential neighborhood such as we have in Redoubt." "I was gone for about half the summer, but before I left and upon my return there was a constant flow of heavy equipment up and down the streets. There's quit a few of the children, and one belongs to my family who is enthralled by heavy equipment. They do enjoy going and playing with it. I just don't think that the subdivision can bear the constant and in and out traffic that is demanded of a Contractor's office. And I'd like to ga on record for that. Thank you." Chairman Walker, "Are there any questions for Mr. McCune? Thank you sir." Richard Hultberg, "My name is Richard Hultberg and I live at 1618 Fathom Drive. I too, am a neighbor like these people here, even though I don't live as close as Mrs. Smith. But 1 live right behind where some of the building will be done. One morning waking up to seeing all these trees just crushed and knocked down. I know you have to clear land and everything, but it seems sometimes that that's the last option. And as far as him having his business there, as I understand it, does that mean all the trucks and everything? Does anybody on this committee know?" Chairman Walker, "That is not what is on the permit. The request is for basically a drafting office, and his business office." Richard Hultberg "Okay, so it would still be a business. And like the others mentioned we're talking about kids and everything and I don't know if any of you have a copy of the conditions, restrictions and covenants of Redoubt Terrace, but if you'll notice on page 4, under nuisances it says, "no obnoxious, or offensive activity shall be carried upon any lot, nor shall anything be done thereon ...." Kenai Planning and Zoning Commission July 27, 1994 -Meeting Page 3 Chairman Walker, "Mr. Hultberg this body does not recognize the covenants of a subdivision, that's a private contract." Richard Hultberg, "Yea, okay, but it is in there, and I don't know if same of the others know that." Chairman Walker, "Covenants are a private item between the owners and the sellers of the subdivision, so it is not something that we address here." Richard Hultberg, "Yea, okay, I just want to raise my objection than. Too some of the things that have been said before, you know, I don't know if I have anything new, but it's a nice little quiet neighborhood and the only thing I can ask to you people is how would you feel if right next to you he decided to da the same thing in your neighborhood? Thank you." Chairman Walker, "Are there any questions for this gentleman? Thank you sir." Phil Moran, "My name is Phil Moran I live at 1608 Tanaga Avenue, which is, was a dead end street. I have two children, a three year old and a eight year old, turning eight tomorrow and we were going to have some sort of a party, but feel it wouldn't be too safe now. Aside from the heavy construction which goes along with the development of the land, which is understandable, those are either clients of construction workers for Mr. Hall. Hmmm, exceed the speed limit down that drive regularly. When my wife who's out there all the time when my children are out there, have asked them to slow down, more than once have received rude gestures. Hmm, I'm not too enthralled with that kind of behavior going on around my children or my wife. And if that's indicative of the type of activity that's going to possibly be going on any duration I have strenuous objections to it. Which would probably lead to a conflict that would have to be resolved, possibly by the police at this rate. We have a neighbor who puts a cone out, an orange cane indicating that there are children out at play. Hmm, that's been run over. Hmm, it seems to be fairly blatant disregard for those that, at least for myself and I think the reason Mr. Huitberg's nuisance issue was of significance was that we bought on the understanding or premise of a certain condition which is now being changed. And, possibly even more radically so than the addition of 15 possible homes that is no longer a dead end street. So, yea, I definitely want to go record as objecting strenuously." Chairman Walker, "Are there any questions far Mr. Moran?" Kenai Planning and Zoning Commission July 27, 1994 -Meeting Page 4 Kim McCune, "Hi, my name is Kim McCune, and i live on 1520 Toyon Way. And, was going to say basically the same thing that the previous gentleman said about exceeding the speed limits, I've been down Toyon Way and I'm very familiar with Mr. Hall's different trucks, especially a blue ane. I don't know if he drives it or one of his workers drive it, but, he goes very fast up and down the road. I've had to grab my three year old child several times. And also, with the heavy construction it has been very disruptive this entire summer. This isn't, if his intentions are not to have heavy equipment there on the property, well that's #ine. But, also I'm concerned about the possibility of the increased traffic so I'd like to go on record as opposing this also." Chairman Walker, "Are there any questions for Mrs. McCune? Thank you." Shirley Roberts, "Shirley Roberts, 1619 Fathom. Hmm, as far as business goes into a residential subdivision I totally oppose of any type of business being in the subdivision. And I know that that's happened in other subdivisions that businesses have had to move out, because of different codes and things like that. Construction, I can handle that part of it, hmm, development, but as far as Mr. HaH having his business there, none of the rest of us there have businesses, we all have residences, and I oppose." Chairman Walker, "Are there any questions, Thank you ma'am." Anita Necessary, "Hi, I'm Anita Necessary, and I live at 1620 Fathom. I think that ail of you know who I am. I've been there for 25 years, so I'm not a newcomer, I've seen Lori (McComsey) from a little bitty thing grow up. You know I don't mind Clint and Lisa being our neighbors, I'm glad to have them in our neighborhood. But [resent their business being my neighbor. The thing that concerns me is the increase in traffic that we have seen over the summer. It's dust phenomenal, the amount of traffic and not only the big stuff that goes with the, you know construction that he's doing on that back street, but his workers, the increase of them going and coming to get their work orders and coming back in the evening. And my question to you guys, to you all as the Planning and Zoning, is this going to set some kind of precedence if you let this go through, of letting this business be in a home? What's to keep someone from two houses down opening up a business too? We've got for instance Romleys who owns a construction company down there, can he start running his business in our neighborhood too? You know, he's got his own shop and everything. We've got a lot of business people that own their own businesses that live and reside in our neighborhood. And if this is let go what's to keep them from saying "hey, I can run my business, look at the money I can save, by running the business out of my home too. My concern is don't set a precedence. Don't use our neighborhood to set a precedence by getting a business out of our Kenai Planning and Zoning Commission July 27, 1994 -Meeting Page 5 homes. Yes, I oppose but like I say, I'm glad Clint and Lisa are there, I know both of them and I don't mind them as neighbors I'm glad to have them, but I don't want there business to be my neighbor. Thank you." Chairman Walker, "Any questions?" Bernie Doyle, "I'm Bernie Doyle, "My wife and I reside at 1611 Fathom Drive. I'd like to go on record with my neighbors. I don't object to progress in the community, I don't object to people having new homes, I object to businesses in our neighborhood. We have some fine business people here in town that live in the neighborhood but they don't seem to run their businesses out of their homes., Mrs. Necessary brought up a good point, if Clint Hali is given a permit and allowed to run a business out of his home, would I be allowed to put in a lathe and start a small shop in my home, even though it may not bother my neighbors? Is this going to impact my neighborhood, with people coming to my house and parking on the street? So I think we want to keep it as a residential area and not turn it into a commercial area. Thank you very much." Chairman Walker, "Are there any questions? Is there anyone else who would like to speak to this issue tonight?" Gus Rodes, "My name is Gus Rodes, 207 Birch. I don't exactly live in your neighborhood, but these people before they moved in there, went to the neighborhood looked around it, looked at the covenants of the property and decided that was the type of neighborhood they wanted to live in. That is exactly what I did before I moved to the City of Kenai. At that time there was no business there was no occupations there, just a very quiet residential neighborhood. Mr. Hall knew this because he has been a builder here for quit a while. !think that allowing him to have a business there of any type, considering the past performance of keeping people from operating businesses would be a definite wrong. And I'd like to make one other comment, you have said several times that covenants on subdivisions, you don't take that into account. Well I believe in the recent ruling in Lucas vs. South Carolina they ruled that zoning should be on prior use and covenants, Any questions?" Chairman Walker, "Thank you Mr. Rodes. Are there any other people who wish to address this item? Seeing and hearing none I'll bring it back to the Commission." END PUBLIC HEARING -END VERBATIM Kenai Planning and Zoning Commission July 27, 1994 -Meeting Page 6 Phil Bryson stated that his firm was providing services for the subdivision so he would be abstaining from the discussion and vote. Ron Goecke called for the question. VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker ABSTAIN NO NO ABSENT- EXCUSED NO NO NO MOTION FAILED. Jack La Shot recommended that if the item came back before Planning and Zoning it be dealt with as a Conditional Use Permit. Chairman Walker explained that this decision could be appealed to Council and the neighbors within 300 feet would be notified if such an appeal takes place. b. Resolution PZ 9439: HEA LandscapingJSi#e Plan Review MOTION: CARL GLICK MOVED APPROVAL OF RESOLUTION PZ 9439. CHARLIE PIERCE SECONDED. Chairman Walker asked if there were persons present who wished to address this item. Seeing and hearing none he brought it back to the Commission for comments. There were none. Ron Goecke called for the question. VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES ABSENT YES YES YES MOTION PASSED UNANIMOUSLY. Kenai Planning and Zoning Commission July 27, 1994 -Meeting Page 7 1 c. Resolution PZ 9430: Silver Pines SJD, Petersen Addition ~uL~Il~~~ CHARLIE PIERCE MOVED APPROVAL OF RESOLUTION PZ 9440. RON GOECKE SECONDED. Chairman Walker asked if there were persons present who wished to address this item. Seeing and hearing none he brought it back to the Commission for comments. Phil Bryson said he would be abstaining because a member of his firm had worked on the plat. VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker ABSTAIN YES YES ABSENT- EXCUSED YES YES YES MOTION PASSED UNANIMOUSLY. 5. PUBLiC HEARINGS a. Resolution PZ 9435: Variance -Marion Nelson (Request for postponement) 116 Wooded Glen Court MOTION: CARL GLICK MOVED FOR APPROVAL OF RESOLUTION PZ 9435 AND REQUESTED POSTPONEMENT OF ACTION ON THE ITEM UNTIL SEPTEMBER 14TH. CHARLIE PIERCE SECONDED. Phil Bryson said he had a point of order. Since the public hearing notices had been sent he felt there would still be a public hearing on this item. Chairman Walker concurred and asked the motion maker and second to withdraw the motion. Glick and Pierce withdrew the motion and Walker asked for testimony from the public. Seeing and hearing none Chairman Walker brought the item back to the Commission. Kenai Planning and Zoning Commission July 27, 1994 -Meeting Page 8 NEW MOTION: PHIL BRYSON MOVED TO CONTINUE THE PUBLIC HEARING AND POSTPONE ACTION ON THE REM UNTIL SEPTEMBER 14TH, CHARLIE PIERCE SECONDED. Chairman Walker said this was anon-debatable item and called for the question. VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES ABSENT- EXCUSED YES YES YES MOTION PASSED UNANIMOUSLY, b. Resolution PZ 943fi: Encroachment -Dan Roberts fi94 Sycamore Circle, Woodland SAD MOTION: RON GOECKE MOVED FOR APPROVAL OF RESOLUTION PZ 943fi. CARL GLICK SECONDED. Chairman Walker opened the item for a public hearing by asking if there were persons present to testify on the item. Seeing and hearing none Chairman Walker brought it back to the Commission. Chairman Walker said the encroachment was only .4 feet inside the setback and said he believed that was a very small amount, and then he called for the question. VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES ABSENT- EXCUSED YES YES YES MOTION PASSED UNANIMOUSLY. Kenai Planning and Zoning Commission Juiy 27, 1994 -Meeting Page 9 c. Resolution PZ 9437: Conditional Use Permit - KPB Tract A Jettison Junction SAD MOTION: CHARLIE PIERCE MOVED FOR APPROVAL OF RESOLUTION PZ 94-57. CARL GLICK SECONDED. Kevin Walker opened the item up for public testimony. PUBLIC HEARING Salty Weaver said she was the Manager of the apartments across the street from the current transfer site. She said she spends a great deal of the winter and summer picking up trash that blows from people's cars and trucks, etc. if more trash is put out there the problem will increase. There has been increased activity at the site during the last few weeks late at night. She said they are used to the noise during the day but not at night, and is afraid that the increased activity will bring increased noise to the area. Weaver suggested that other options should be reviewed, because this is a residential area and there is quit a community growing there. She said they were proud of Kenai and she hoped that Kenai would be proud of them. Kevin Walker asked if there were questions for Ms. Weaver? Seeing none he asked for additional public comment. Sam McLane, of McLane and Associates, explained that his company were the consultants on this project. Some of the items which will be included might address some of the neighbor's concerns. The site will be manned with regular hours of operation and there will be security fencing around the entire area. There will be an after hours drop area, screened by trees and set back from the right-of-way. The Borough anticipates a certain amount of time for the public to get used to operated hours at the site, and will also be used during the construction phase of the project. The improvements have been set back as far as they can be. The cost of the project will be approximately $600,000 so the Borough would be concerned about a time limit being placed on the conditional use. The Borough is planning to change to the manned transfer sites and discontinue use of the present green boxes. The area will be paved so there will be no dust. The trailers will be covered and should eliminate blowing trash. Kenai Planning and Zoning Commission July 27, 1994 -Meeting Page ~ 0 1 Cathy Mayer, Solid Waste Director for KPB, passed out a picture of a similar site which had been built in Girdwood. It will be an enclosed facility and when the trailers are parked inside you will not be able to tell it is a transfer facility from the outside. We anticipate that the loads going out of the site will be reduced about 30% from current use. The trailers are larger and there will a much more efficient area. There will be an oil collection area, used batteries collection and the recycling station. The Borough is trying to go to centralized covered facilities to cut down on current trash problems. The Borough is also working on a covered load ordinance which will require that vehicles going into facilities will be required to cover their loads or they'll be fined or charged a fee. They may have the choice of buying a tarp or paying a fee to dump their load. This is a large part of the litter problem. Chairman Walker asked if the Borough anticipates increased traffic to the site. Cathy Mayer said they did not anticipate more traffic as there will be a similar site in Nikiski. Phil Bryson noted the sewer line on the praperty and asked if it would be used for the domestic waste? Cathy Mayer said that is just far the restroom in the attendants shed, ail other disposed wastes will go into holding tanks to be disposed of later. Carl Glick asked when the Borough estimates starting construction? Sam McLane told the Commission that the Borough has scheduled the award for mid- August to the end of August, with construction to begin in September. Chairman Walker asked if there had been any provision made for possible contaminated sails on the temporary site? Sam McLane said that hadn't been included but was a good suggestion. He said the area is very sandy and they had discussed putting six inches of gravel over the top of that. It wouldn't be a problem to put a 24mi1 liner down in that area if that is a concern far the city. Gus Rodes, 207 Birch Street, said he used to live in Fairbanks and they closed the garbage dump and his property became the dump. If this site is closed the garbage problem is going to increase. He suggested the hours of operation be from 10:00 a.m. to 8:00 p.m. to facilitate the working community. Kenai Planning and Zoning Commission July 27, 1994 -Meeting Page 11 Phil Bryson said he felt this will be a vast improvement over the existing site and was in favor of the facility. Chairman Walker asked Councilman Smalley what the Council's opinion was regarding the transfer station? Councilman Smalley said the Council had expressed their whole hearted support for this project and felt it would be a considerable improvement over the present site. He thanked Chairman Walker far his comments regarding soil contamination because the city would certainly be concerned about this. Chairman Walker strongly recommended that the Borough protect against contamination of the soils. VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES ABSENT- EXCUSED YES YES YES MOTION PASSED UNANIMOUSLY. 6. NEW BUSINESS 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS 9. REPORTS a. City Council Councilman Smalley reported that a Board of Adjustment was held on Marion Nelson's appeal of the variance at 118 Wooded Glen Court. A decision will be reached by mid- August. The Board of Adjustment for Don Aase's request for waiver of minimum lot size will be set at the August 3rd Council meeting. The Council is sending a letter of support and drafting a resolution concerning Chester Cone's property which is being considered under the Exxon Valdez Small Parcel Acquisition Project. The City feels this parcel would be an excellent candidate for the program and are requesting an expedited review process, due to Mr. Cone's age. Kenai Planning and Zoning Commission July 27, 1994 -Meeting Page 12 ~~~ b. Borough Planning Phil Bryson reported that a special consideration extension was requested by the Chester Cone group. The group was waiting for action from the Kenai City Council before they made their presentation. c. Administration Jack La Shot reported that there have been same complaints regarding RVs parked in private lots. He asked if the Commission had any suggestions regarding this item. La Shot had considered sending a letter to Carrs and K-Mart and Pet them know they need to comply with the KMC if they wish to let people park there overnight. Chairman Walker said the City of Anchorage charges $5.00 a night when all RV parks are fuel. The 1=red Meyer policy is when the camp grounds are full overnight camping is allowed in their lot. Charlie Pierce said he liked the idea of charging $5.00 per night. He did not want to discourage tourism but felt that a charge should be levied. Councilman Smalley said this was brought up at the last Council meeting because some RV Park owners had expressed concern over this problem. The parks have not been full this summer, but the parking lots are letting RVs park there overnight. It was felt that the stores need to follow the same rules the RV Parks are fallowing and acquire a conditional use permit if they are allowing RVs to camp there. 10. PERSONS PRESENT NOT SCHEDULED Gus Rodes asked if the Planning and Zoning Commission handles health and safety items? The letters which have been sent out to property owners regarding junk vehicles have cited a portion of the KMC under health and safety. Mr. Rodes thought the Planning and Zoning Commission only dealt with Planning and Zoning issues. Chairman Walker explained that under the auspices of Planning and Zoning the Commission is to uphold the Kenai Municipal Codes. Some of the items would be under the P&Z purview and some would come under Council. Gus Rodes asked if P&Z approves of enforcement items before they are pursued. Chairman Walker said that they are called upon to address enforcement items. Kenai Planning and Zoning Commission July 27, 1994 -Meeting Page 13 Councilman Smalley said when there is a potential violation some of them come before the Commission for recommendations. The Commission would direct Jack La Shot to take action on these items. In some cases it is then passed on to Council and if not resolved on to the Legal Department. 11. INFORMATION ITEMS Chairman Walker noted that the car crusher is in transit. La Shot said the crusher will be placed on the Quandt property when it arrives. K&O towing said they will go to property owners for a minimal fee and remove junk vehicles. They expect to get several thousand vehicles from the area. 12. COMMISSION COMMENTS & QUESTIONS Phil Bryson -None. Ron Goecke -None. Charlie Pierce -None. Lori McComsey -None. Carl Glick -None. Chairman Walker -None. Councilman Smalley asked if the Commission would want to review an ordinance requiring that the four corners of a property be marked before the building permit is issued? Smalley felt this would help reduce the needs for variances and encroachments. Chairman Walker thought that ordinance had already been passed. Jack La Shot said that a plot plan is required with a surveyor stamp before a permit is issued. Chairman asked Staff to research this item for the next meeting. 13. ADJOURNMENT There being na further business the meeting was adjourned at approximately 8:40 p.m. Respectfully submitted, Loretta E. Harvey, Administrative Assistant Kenai Planning and Zoning Commission July 27, 1994 -Meeting Page 14