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HomeMy WebLinkAbout1993-09-22 P&Z Minutes-~ City of Kenai Alaska 210 Fidalao. ~ _ ° PLANNING AND ZONING COMMISSION ''AGENDA'"' September 22, 1993 - 7:00 p.m. Chairman Phil Bryson 1. ROLL CALL 2. t~PPROVAL OF AGENDA 3. APPROVAL of MINUTEs September 8, 1993 4. P ~S 5. PITBLIC HEARINGS a. Resolution PZ 93-39: Conditional Use Permit - RV Park - Turnes b. Resolution PZ 93-40: Conditional Use Permit Natural Resources - Zubeck c. Resolution PZ 93-41: Encroachment Park Terrace Apartments -Sterner 6. NEW BIISII~TESS 7. OLD BIISINESS 8. CODE ENFORCEMENT ITEMS 9. REPORTS a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDIILED 11. INFORMATION ITEMS 12. COM1rIISSiON COrQ~NTS do QIIESTIONS 13. ADJOIIRNMENT 1 PLANNING AND ZONING COMMISSION SEPTEMBER 22, 1993, 7:00 P.M. CHAIRMAN PHIL BRYSON '1 1. ROLL CALL Chairman Phil Bryson called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. Members Present: Duane Bannock, Charlie Pierce, Ron Goecke, Lori McComsey, Kevin Walker, Phil Bryson Members Absent: Carl Glick (excused) Also Present: Councilman Hal Smalley; Jack La Shot, City Engineer; Richard Beck, Building Official; Kathy Woodford, Administrative Assistant. 2. APPROVAL OF AGENDA Chairman Bryson requested the following items be added to the agenda: 6-a. Townsite Historic Zone -Review for Roger Consiel 6-b. Eichholtz/Pitts Extension of Construction Schedule i MOTION Ron Goecke MOVED for approval of the agenda as presented and modified. Walker SECONDED. There were no objections. APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES Bryson referred to the last paragraph on Page 1, where he states "that his firm was employed by this company and asked the Commission for a ruling on whether this would be a conflict of interest." Bryson stated it should say he works for a firm that is employed by the City of Kenai to inspect the Lawton Drive sewer extension project. Zubeck, the applicant, is under contract to the City of Kenai to construct that project. Bryson stated he has no interest in Zubeck's activities other than inspecting this project. Bryson requested that the minutes be amended to reflect that. Bannock referred to page 12, half way down, above Leo Oberts, Bannock should read Bryson. Bryson asked for other questions, and wishes of the Commission MOTION Ron Goecke MOVED for approval of the amended minutes of the last meeting. Walker SECONDED. There were no objections. APPROVED BY UNANIMOUS CONSENT. KENAI PLANNING AND ZONING COMMISSION Meeting -September 22, 1993 Minutes Page 2 .) 4. PLANNING 5. PUBLIC HEARINGS a Resolution PZ 93-39 -Conditional Use Permit - RV Park -Turnes STAFF REPORT La Shot stated this is a Conditiona I Use Permit fora 20 unit RV Park in Beaver Creek Subdivision. The existing zoning is Rural Residential. La Shot referred to the applicant's submitted plans that show tree buffer strips along Beaver Loop Road. La Shot stated the photos attached did not come out very clear, but are photos of the hook-up apparatus in an RV park in downtown Kenai to show what Turnes' are planning to do. La Shot recommended that if passed, the applicant submit appropriate plans to DEC for their approval of the septic system and water system. La Shot added that he did not believe there have been any calls on this. PUBLIC HEARING Terry Turnes, HCO1 Box 353-11, Kenai, AK. Turnes referred to the question about the septic system and supplying water for the RV Park, and stated they are certified installers and own the property next door to this subject property, which has afour- plex on it. The Turnes intend to put an extended septic system onto that in order to furnish septic and water. Turnes stated they understand that the City of Kenai has a proposal within the next year to put city water and sewer along that area and at that time would put in a request to be able to hook up to city water and sewer. The Commission had no questions for Mrs. Turnes and there were no public comments. The item was brought back to the Commission for action. MOTION Ron Goecke MOVED for approval of PZ 93-39, with the amendment stating that DEC has to pass their septic and water. I think that goes without saying that DEC will have to inspect it. Charlie Pierce SECONDED. VOTE Bannock Yes McComsey Yes Pierce Yes Walker Yes Goecke Yes Bryson Yes ~ Chairman Bryson MOTION PASSES UNANIMOUSLY. b. PZ 93-40 -Conditional Use Permit -Extraction of Natural Resources - Zubeck KENAI PLANNING AND ZONING COMMISSION Meeting -September 22, 1993 Minutes Page 3 STAFF REPORT La Shot stated that the Commission had reviewed this at its last meeting. La Shot said the Conditional Use Permit for Extraction of Natural Resources is for a limited one time use, just off Swires Drive, and the purpose of the extraction is to provide sand for a nearby city project which Zubeck is working on. Zubeck plans to excavate sand and fill the hole with unusable material from the project leaving the land similar to what is there now. La Shot visited the site and stated he's not sure what Zubeck is doing there completely coincides with the drawing on his application. La Shot saw a couple of berms of material running east to west and it looked like an excavation trench running east to west that doesn't show on Zubeck's plan. La Shot stated there is a school across Swires from this site but most of the activity appears to be taking place off the end of the pavement where the barricade is. La Shot suggested the Commission may want to think of some limitations as to screening and/or operation hours during school time. Pierce asked La Shot to elaborate on his recommendation of a limited time frame. La Shot suggested possibly excluding hauling anywhere on the pavement. La Shot said Zubeck appears to be off the pavement now but there is a lot of traffic in and out of there especially before and after school. La Shot stated he doesn't know if the noise would be a real problem for the classrooms, and the Commission may want to recommend if there are any complaints from the school the City be able to curtail Zubeck's activities. There being no other questions from staff Bryson opened PZ Resolution 93-40 for public comment. PUBLIC COMMENT Pete Hansen, 418 Rogers Road, Kenai, AK. Mr. Hansen stated he owns the 5 acre parcel of property that's in the middle of this issue. Hansen stated he has no problem with the hauling of sand and fill down Swires Road but hopes to clarify two things. Hansen stated he would like the Commission to know that the 5 acre parcel that he owns is prime residential view property that he plans to eventually develop and he does not want any fill or sand removed or placed on his 5 acre parcel. Hansen's second point referred to the old road that goes almost through the center of his parcel. Hansen stated that although the road would be a short-cut to haul fill down, he does not want it used by Zubeck. Smalley asked if the road referred to is the angle road that heads back towards the Spur. Hansen stated that is correct. KENAI PLANNING AND ZONING COMMISSION Meeting -September 22, 1993 Minutes Page 4 The Commission had no other questions for Mr. Hansen and there were no public comments. The item was brought back to the Commission for action. MOTION Ron Goecke I MOVE for approval of PZ Resolution 93-40. Duane Bannock SECONDED. Bryson asked for discussion. McComsey asked if there were going to be any limitations on the permit. Bryson stated that limitations would need to be done by amendment, that Hansen has requested there be no trespass at all, whether it be materials or traffic, and the applicant has proposed none. MOTION TO AMEND Charlie Pierce MOVED to AMEND, the MOTION by limiting the period of time for hauling, to limit the hauling during the bus schedule for the start of school and the completion of school, and to state that the road through Mr. Hansen's property not be used for hauling. Walker SECONDED the amendment. Bryson asked La Shot if Zubeck would be conflicting, on the same road, with the buses. La Shot stated that if Zubeck is held off the pavement there may not be a problem. La Shot stressed that if complaints are received from the school about noise, administration needs to be able to tell Zubeck to cut down on the noise. Walker asked for the consent of the maker of the second and the maker of the amendment to add that screening be provided in accordance with the Kenai Code, as required, and that Zubeck could check with the school principal on a weekly basis to make sure his noise levels do not create disturbances in the classrooms. Pierce agreed. Walker further stated that he would like to add that the haulage be kept off of the paved portion of Swires Road, according to La Shot's request. Bryson asked if Walker wants this to be added to be part of the amended motion and Walker replied yes. Maker of the motion, Pierce accepted. Bryson asked to have the Motion read back. Kathy Woodford The AMENDED MOTION is to limit the hauling so that there will be ~! no hauling during the bus schedule, before and after school, and not to use the road through the Hansen property. Walker added the screening according to the Kenai Code and to have Zubeck check weekly with the principal of the school to make sure their activities are not creating a nuisance and they are kept off the paved road. KENAI PLANNING AND ZONING COMMISSION Meeting -September 22, 1993 Minutes Page 5 ,, Bryson stated his concern limiting access unconditionally in an area that would not cause any conflict with the buses. Bryson stated that it's not likely dust will be a problem this late in the construction season but is possible, Zubeck will be operating primarily in the sand rather than dirt. Bryson stated that he feels this is somewhat over restrictive as far as the construction contract is concerned. Pierce asked if a half hour in the morning and a half hour in the afternoon is too restrictive. Bryson stated that is 1/15th of Zubeck's work day. Smalley asked if the traffic will be heading down toward the swamp, not heading back toward the Spur and Bryson stated that is correct. Smalley stated that since the excavation work is taking place approximately 1/8th, if not a mile, from where the buses come in and turn around on the paved section, that there shouldn't be any interference at all as far as dust control because it's beyond the school. Bryson asked La Shot where pavement ends. La Shot stated that it's down approximately where the first row of trees are shown on the drawing, or in that area. La Shot stated that most likely Zubeck doesn't need to get on the pavement, even during the bus hours, and if they do have to get on the pavement maybe it should be limited to not during bus hours. Bryson stated that Zubeck was hauling stripping from Lawton Drive and had trucks running off both ends of the project but there will be no more stripping from that area, and that portion of the project is done. Pete Hansen referred to the drawing included in the packet and clarified that the pavement ends between the two rows of trees. Below the word "pasture" (on the drawing), there's a two 1/2 acre lot line at the end of the pavement. He also stated that across Swires Road, there is a dirt drive way and right across from it is the playfield. Bryson asked Hansen if his tract presently has second growth trees on it, Birch and Aspen. Hansen replied yes. Bannock stated that he has questions with regards to the amendment. Bannock referred to the application, items, 15, 16, & 17 which relate specifically with Zubeck's plans for screening. Bannock stated that since this is a short term project he doesn't agree with the logic of putting up a lot of screening. However, if the project were to be a long term gravel pit he would probably think differently. Bannock asked who would decide what's an adequate or inadequate screen and suggested some definition before making an arbitrary statement like screening. KENAI PLANNING AND ZONING COMMISSION Meeting -September 22, 1993 Minutes Page 6 Bryson stated that according to the drawing, the excavation area is proposed to be about 350' from the road and asked La Shot about the trenches running the other direction. La Shot stated there appeared to be and that he will verify it. La Shot added that it didn't really matter as long as the land looks like pasture land when Zubeck is finished. Bryson said that Zubeck stated verbally and in writing that immediately after the project, the area will be in a pasture like state. Bryson also stated he is opposed to some aspects of the amendment and will be voting against the amendment. Smalley stated the Commission may want to think about a curtailment of the work if dust control becomes a problem. Smalley added that Zubeck always does his best to get along with the community. Pierce asked La Shot if this route Zubeck is using to haul can be used without entering the paved section of the -road. La Shot replied it could. Pierce asked Bryson if he could AMEND his AMENDED MOTION? Bryson stated that without the consent of a second, this will be treated as a second amendment. RESTATE MOTION Pierce stated I would like to restate my MOTION to, I don't want to eliminate all restrictions, I would like to make it more flexible and not prevent him from hauling during those periods but to not impede the school activities. His activities should not impede the activities and functions of the school. Bryson asked if the seconder had any objection with that restating. Walker replied no. There being no further questions Bryson called for vote on the Amendment. VOTE -AMENDMENT Pierce Yes Walker Yes Goecke No Bryson Yes McComsey Yes Bannock Yes ~ Chairman Bryson AMENDMENT PASSES. Bryson asked for discussion on the main motion, there being none, Bryson called for vote on the Main Motion. KENAI PLANNING AND ZONING COMMISSION Meeting -September 22, 1993 Minutes Page 7 VOTE -MAIN AMENDED MOTION Bannock Yes McComsey Yes Pierce No Walker Yes Goecke Yes Bryson Yes Chairman Bryson MOTION PASSES. c. PZ 93-41 -Encroachment Permit -Park Terrace Apartments - on Redoubt Mommsen Subdivision STAFF REPORT La Shot described the encroachment involving apartments along Redoubt Street. La Shot stated that the most serious problem is on one side of the lot where the building comes within .14' of the property line. La Shot added the zoning in that area calls for a 5' building setback, and the 5' setback coincides with building code requirement for firewall. La Shot stated that if the building is closer than 5' it's not only in violation of the setback but it would require aone-hour firewall with no openings. La Shot stated the adjacent property owners were sent notice of this hearing. For the record, the handout from Mr. Barry Burnsides, (who owns the adjacent lot), was received. La Shot- stated that Burnsides is opposed to granting the encroachment. La Shot stated that in addition to Burnside's letter there is a copy of the building permit application issued in 1977 which shows the correct setbacks needed at that time. La Shot added that there was not an ordinance, or anything, on the books at that time to provide very good control of where buildings were placed on lots. La Shot stated that now there is an ordinance that requires a plot plan prior to issuance of a building permit and submission of an as-built before final inspection, which may have caught this sort of thing. Bannock referred to the building application permit, which was dated September 23, 1977, and asked if the items marked on the bottom corner, in regard to the setbacks, is information that was given before the place was built as an informational item? La Shot stated yes, they were given at the time of the building permit application. Bryson asked the Building Official if he had anything to add. Beck stated that he did drive out there and look at the apartment and found no openings on that side. As far as the building code is concerned the only requirement would be the one hour construction on that one wall. There being no other questions from the Commission, Bryson opened PZ Resolution 93-41 for public comment. KENAI PLANNING AND ZONING COMMISSION Meeting -September 22, 1993 Minutes Page 8 l PUBLIC COMMENT Lee Sturner, 2426 Redoubt, Kenai, AK. Sturner stated he is the new owner of the Park Terrace Apartments and during the closing this encroachment came up. Sturner added that since this problem came with the deal and he only became aware of it at the last minute, he accepted the fact that he would have to deal with it. Sturner added that he brought it to the City's attention to try to do what needs to be done to solve the problem. There being no further public comment Bryson brought it back to the Commission for action. MOTION Duane Bannock MOVED for approval of PZ Resolution 93-41. Walker SECONDED. Bryson stated for the record that he would like to clarify his position on this item. He stated that his firm did the as-built on this building for FDIC, but have no fiduciary arrangements with the applicant. Bryson asked for a determination as to conflict of interest concerning this item. Goecke stated that he did not see a conflict if Bryson doesn't have anything to do directly with the applicant. Bryson accepted the statement and asked for discussion or motion. Bannock stated that he lives near the apartment building in question and that he can only hope that with the Building Official today and with our rules and regulations today, careful steps are taken so that this type of thing does not happen any more. Bannock added that he feels this is a blatant mistake, that the building is not anywhere close to being right on or off by a couple of inches, and it's an abuse to build as close to the property line when it's clearly written down what the rules are. Bannock stated that he will vote for this encroachment for Sturner since he did not develop or compound the problem, he only discovered the problem. Walker referred to Burnside's letter where he states that he is offering to sell some adjacent properties in order to alleviate these concerns and in order to bring it in alignment with current City codes. Walker stated that he felt the Commission should at least look at this offer prior to awarding the encroachment permit. Walker added when a builder knowingly builds incorrectly, it should chase back and through the various insurance agents that cover these and maybe that's something that should be looked at. Walker stated that he did not support the encroachment permit based on the fact that there is an adjacent property owner who feels if the permit is awarded, it nearly constitutes a taking of his property. Walker stated he agreed with the property owner. KENAI PLANNING AND ZONING COMMISSION Meeting -September 22, 1993 Minutes Page 9 Goecke stated that Burnside's letter says the City of Kenai advertised his property to be clear of all liens and assessments and did not indicate any problems with the way the building was. Goecke stated that Sturner has bought this apartment complex to try and make something out of it and instead bought himself into a problem, unknowingly at the time. Goecke stated that the building permit was signed off and he would have thought that the building had been checked on an on-going basis and asked if this would maybe be the City of Kenai's problem. Bryson asked to clarify. Bryson stated the writer of the letter said he bought six lots from the City of Kenai, and this was not one of those lots that he bought. Bryson further stated the City of Kenai had a sale in 1991 in which they sold unimproved lots. The writer of this letter was the purchaser of those lots. The City does not sell lots free and clear, they sell them "as is" whatever situation exists at that time. Bryson stated that he thinks the foreclosed lots came from Crown Development, which in the last 20 years held a greater portion of Mommsen Subdivision. Bannock referred to the Resolution page 5.c-a in the packet. Bannock stated requirements 1, 2, 3, and 4, are clearly met and even though the Commission may or may not like giving an encroachment permit, the code is set up just for this particular problem. Bryson asked the Building Official for a comment regarding the firewall. Beck stated if the encroachment permit is approved, he would recommend aone-hour firewall. Beck added that it doesn't involve reconstructing the entire wall. The siding would have to be removed and a layer of 5/8 Type X drywall added. The owner of the adjacent property would still be able to build out to his setback. Bannock stated that if it's a fire code question, he doesn't think it's something that's negotiable through Planning and Zoning for the encroachment permit purpose. Bannock added that if the firewall has to be there, it has to be there regardless if he has an encroachment permit or not. Smalley stated if the owner for some reason chose not to come into compliance with the code, is a liability created, i.e. if there is a fire and the adjacent neighbor has damage, he may come after the owner of the apartments and the City of Kenai because we weren't specific enough. Bannock stated that any time something is taken to a vote, it is conceivable that the vote can fail. Bannock asked if the code says there has to be a firewall, how can this Commission vote that fire code down? Bannock added that if the code says it needs to be there, then it just needs to be there and it becomes a Building Official code problem, not something the Commission can negotiate away. In the absence of an amendment Bryson called for vote. KENAI PLANNING AND ZONING COMMISSION Meeting -September 22, 1993 Minutes Page 10 VOTE Goecke Yes Bryson Yes McComsey Yes Bannock Yes Walker No Pierce Yes Chairman Bryson MOTION PASSES 5 to 1. Bryson called fora 10 minute recess. 6. NEW BUSINESS a. Development in Townsite Historic Zone - Consiel MOTION Kevin Walker MOVED for approval of Item 6.a. Bannock SECONDED. Bryson called for discussion and asked the Consiels if they wanted to add anything to the information the Commission had before them. The Consiels replied no. Bryson stated there has been a request for unanimous consent. Hearing no objection the motion was passed UNANIMOUSLY. b. Pitts/Eichholtz Extension of Construction Schedule STAFF REPORT La Shot stated this concerns some of the City's lease property on the airport. By code, any amendments to the construction schedule or the development plan needs to be approved by Planning & Zoning. La Shot stated Administration has been dealing with .these parties for well over a year trying to straighten out some matters concerning the development. La Shot recommended approval of the extension of time. Bryson asked for wishes of the Commission. MOTION Walker MOVED for approval of Item 6.b. Bannock SECONDED. Walker asked for unanimous consent. Bryson stated unanimous consent was requested. Hearing no objection, the motion was passed UNANIMOUSLY. KENAI PLANNING AND ZONING COMMISSION Meeting -September 22, 1993 Minutes Page 11 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS 9. REPORTS a. City Council -Hal Smalley Smalley stated Jerry Hansen spoke about a library survey and his recommendation that the library addition be under the capital improvements projects, which it is. John Torgeson, representing the AML board, discussed with us the issue of the weighted vote and the dues structure. This year AML will be held on the Peninsula. Smalley stated under Public Hearings everything is pretty straight forward. The funding has been appropriated for the water system study. Smalley explained that under the Governor's matching grant the City applied for $214,671 to offset the cost of our $525,000 platform fire engine. He stated the City applied for a second grant for the water quality development program for the City. The total cost of that project would be approximately $650,000. The grant would cover about $430,000 of that total. Smalley stated the City bought a road grader, and sold an old grader at the auction. Smalley added the old grader was appraised at $22,000 and it was sold at the auction for $19,000. Smalley stated there was a limited board at the last council meeting because the Mayor and Chris Monfor were in Washington D.C. accepting the All American City award from the President. Smalley stated under the Parks & Rec Report there was discussion about the fee being charged for towel use and that it will be brought up at the next meeting far discussion. He also stated that he brought up the P & Z Commission's concerns about the protection of the dunes and asked if the City is interested in future purchase of the property. Smalley said that Government Day, for the high school, is the 1st of December. b. Borough Planning Commission -Phil Bryson Bryson stated there were really no items that concerned the City of Kenai and the most contentious subject was the method of recording minutes. c. Administration -Jack La Shot La Shot stated the project on the streets north of the Spur & west of Forest Drive are getting ready to pave. Goecke asked about the digging going on in Woodland. KENAI PLANNING AND ZONING COMMISSION Meeting -September 22, 1993 Minutes Page 12 La Shot stated Telephone Utilities and HEA is involved in a rebuild over there. La Shot said that Phase I of the Thompson Park has just begun, it will extend the sewer interceptor to the westerly edge of Thompson Park. La Shot added the City is installing some electric security gates at the Airport. He said the Courthouse is in the finishing stages as far as construction and the City has put out a request for proposals for remediation of the soils next door to the Courthouse. La Shot stated the preliminary design of the new Animal Control building, which will involve some action from P & Z, possibly a rezone, has begun. La Shot added the Thompson Park project will also require a rezone at some point. La Shot stated the crack sealing and painting at the Airport is finished. Also, he will pass on the concerns to the Public Works Director the stop signs in the HEM project be placed as soon as possible. 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 12. COMMISSION COMMENTS & QUESTIONS Bannock stated the Welcome to Kenai sign is need of repair. Hal Smalley stated the sign is in the process of being repaired. 13. ADJOURNMENT There being no further business the meeting was adjourned at approximately 8:50 p.m. Minutes transcribed and submitted by, ,~~~~ -~ C Kathy Wo ford Administrative Assistant, Public Works/Planning