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HomeMy WebLinkAbout1992-08-26 P&Z MinutesT• ~. ~~~ ~~ IW ivi ~ w'+17'~ ~_ ~YI..J..~ RENAI PLANNING & ZONING COMMISSION August 26, 1992 - 7:00 P.M. City Hall Council Chambers Chairman Art Graveley MINUTES 1. ROLL CALL Commissioners present: Duane Bannock, Phil Bryson, Art Graveley Kathy Scott Commissioners absent: Carl Glick, Saylor Rehm Also present: Councilman Hal Smalley Jack La Shot, City Engineer Loretta Harvey, Transcribing Secretary 2. APPROVAL OF AGENDA Chairman Graveley asked for additions to the agenda under 11. Information Items: (4) Letter to Department of Natural Resources, regarding old Quandt property; and (5) Memo from Cary Graves, City Attorney regarding Foster's Conditional Use Permit for RV Park. MOTION AND VOTE: Bryson moved approval of agenda as amended and asked for unanimous consent. Scott seconded. Passed by unanimous consent. 3. APPROVAL OF MINUTES - August 12, 1992 MOTION AND VOTE: Bryson moved approval of minutes as submitted and asked for unanimous consent. Scott seconded. Passed by unanimous consent. 4. PLANNING a. Resolution PZ 92-28: Home Occupation Permit - Cude The applicant was not present at the meeting. Commission Bannock needed to leave at 8:00 p.m. at which point the Commission would lose their quorum. This item was moved to the next meeting agenda for action. 5. PERSONS PRESENT SCHEDULED TO BE HEARD KENAI PLANNING AND ZONING COMMISSION August 26, 1992 Page 2 6. PUBLIC HEARINGS a. Resolution PZ 92-26: Rezone - See Chairman Graveley opened the meeting to public hearing on Resolution PZ 92-26: Schurr Subdivision, Lots 1 and 2 A, Charles L. See. Seeing no one in the audience who wished to testify, Graveley brought the Rezone back to the Commission. MOTION: Bannock moved approval of Rezone Lots 1 and 2A Schurr Subdivision, Charles L. See. Scott seconded. Jack La Shot, City Engineer explained that this lot was next to Doyle's Fuel Service. Doyle's property had been previously rezoned to accommodate an existing non-conforming use when the zoning ordinance was established. Chairman Graveley noted the staff comments, referring to the Comprehensive Plan: "Limit the adverse impacts of commercial uses on adjacent residential properties by requiring a fence and/or landscaping buffer on the commercial site, be considered as a condition to this Rezone, if approved." Would staff recommend that the buffer be included as a stipulation to grant the rezone. La Shot said he would recommend a buffer due to the presence of residential properties close to the proposed rezone. Graveley asked what a suggested buffer would be? La Shot 20 feet or may be all existing natural screening be left in the building setbacks. Bannock said he did not really want to amend motion to include buffer. Bryson the proposed rezone is to General Commercial. Applicant does not state his long term intention. Lot is 90 feet wide and if buffers were retained it would restrict development of this lot. Scott said she remembered that the Commission set two priorities Townsite Historic Zone and zoning along the Spur Highway. Scott felt maybe this rezone should wait and the applicant could have an interim conditional use permit, while the Commission review the possibility of establishing new zoning designations along the Spur Highway. KENAI PLANNING AND ZONING COMMISSION August 26, 1992 Page 3 AMENDED MOTION: Bannock asked to table the motion with direction to staff to talk to Mr. See Lot 1 & 2A Schurr Subdivision, about the possibility of an interim conditional use permit to facilitate his current needs. Scott seconded. VOTE: Bannock: Yes, Bryson: Yes, Scott: Yes, Graveley: Yes b. Resolution Pz 92-27: CUP - RV Park - Doyle Chairman Graveley introduced the item and opened the meeting to the public for public hearing. ***Verbatim*** Erie Knackstedt, Box 532, "I've been living were I'm living for 41 years, then they build a trail and call that Beaver Loop. I know you guys have a heck of a time, cause I used to serve on there, and you'll never get me on there again. But I've been living there 41 years and then they built the road, Beaver Loop. Now, we can't stand the pressure of an RV over there, you wouldn't be able to get on the highway to start with, to drive on the highway. And I know my river bank can't take it. And I'm sick and tired of arguing where they belong down by that water, not on that bank. The bank is crumbling and I don't want mine to look like Cunningham Park. I made a mistake when Martha died, she give me the power of attorney, because she gave the city that park. And I had the power of attorney, she gave them $500 to have a sign made, and I had to go to Council and prove with that paper that they gave $500. And the Council finally said, "Hey make that sign", see they did give it to ya. She had it made for a kids park, not for, I don't know . You got a regulation there that says no camping overnight, in the summer time that don't work, it's sunshining all night. So they ain't staying there, they're staying there. But it's not camping all night. Now it's camping all night, 'cause it gets dark. But I'm against that, because you can't get through there right now, and how are you going to get there, with that there." Chairman Graveley, "do we have any other individuals from the public who would like to speak?" Chester Cone, "Ladies and gentlemen of the Planning Commission, my name is Chester Cone, and I have a couple of comments that I would like to make about the proposed RV Park. First of all, I have no objections to any of my neighbors trying to make a living with their property. We all have enough obstacles to overcome to do anything. But there are a couple of things concerning this proposal that are very objectionable to me. The first, being that I have, my property is adjacent to his, side by side. And our KENAI PLANNING AND ZONING COMMISSION August 26, 1992 Page 4 gates are right together and for several years Pat's been in the gravel business just like I have. And I'm still in the gravel business, and evidently Pat has sold most of his gravel out, seems like he's getting out of the gravel business. Well, my problem is, is if I continue to haul gravel next to him and he has an RV Park that there is going to be objections from day one to me hauling gravel out of my pit, right next to him. That's the big objection, if there was some way to overcome that, well that could be taken care of, I would have no objection on the gravel aspect other then that. The biggest objection is his statement to say that he would project would enhance Cunningham Par. Well like Mr. Knackstedt said Cunningham Park has been enhanced all it needs and many times more. We as neighbors, all of us, I think in this room, are riverfront property owners and we're catching heck from Cunningham Park and we have for years. They, Cunningham Park doesn't contain the public. They don't know where the boundaries are and they don't care where the boundaries are. So they're imposing on all of your properties. The tide comes in and catches them half a mile down the river and they can't get back to Cunningham Park so they climb our banks and come up through our gardens, and our woods and we've become a toilet place for the whole encampment. So, this alone, something has to be done, we can't take more people into Cunningham Park. In fact, there is going to have to be something done to take the present population away from there. It's overwhelming to all of us. We can't live there when our property is being destroyed. And something needs to be done in that respect. So I think that his project would be hurtful to all the river property owners. And I would object to this. Thank you. Chairman Graveley, Mr. Cone. Commissioner Scott, I have a question, what are your hours of operation for the gravel pit? Cone, my property? Scott, hm-mm. Cone, operating? Scott, hm-mm. Cone according to our conditional use permit, from 8:00 morning to 5:00 in the evening. But there was a provision on that in the summertime that would be eased a little bit, because no contractor works from 8:00 to 4:30. They start pouring concrete at 6:00 but I don't think that's a big problem. The loaders are very quiet and the trucks. I haven't hear any objections about starting too early. It would just be in the summertime when they would start earlier and they wouldn't quite ar 4:30 if the sun was still KENAI PLANNING AND ZONING COMMISSION August 26, 1992 Page 5 shining. you can't blame them with only three months operating period. Scott thank you. Chairman Graveley, "Are there any other people who would like to speak before the Commission?" Ted Knight, "My name is Ted Knight, I live just below Cunningham Park. I've been living there for ten years, I've been living in Alaska twenty. I like to show you some of my camcorders that I've taken there of the erosion it's done on my property from the people coming from the park. I can show you where I've lost 20/30 feet of grass bank and it's just from people going back and forth. Not just tow or three, but hundreds of them and they don't respect your property. Somebody said well you don't own anything below the river bank. Well I do own below the riverbank. And I got a set of stairs, well we're gonna come up those stairs. Well they don't come up those stairs when I'm there. But alot of times when I'm in bed they come up those stairs. They go through the yard, they do what they and with that RV park they'll be tenfold more. I would like to see the property boundaries designated down there. I don't know whose responsibility it is but I understand that I own between the high and the low tide, mean tide. Halfway between, that's what we own. I would like to see that put on all the property below Cunningham Park so those people can see that we own that and they are trespassing on our property. Thank you. Chairman Graveley, thank you Mr. Knight. Mr. Smalley? Councilman Smalley, I'm not sure, but I think, it's the responsibility of the property owner to post that property on private property. Chairman Graveley, that is correct. Are there any other individuals who would like to speak to the Commission? Chris Garcia, I'm Chris Garcia, my address is Box 203, Kenai, and I live on the other side of Cunningham Park. It's one of my next door neighbors, probably the worst neighbor in the whole city. And like Mr. Knight was saying, it's not just over the riverbank that they do alot of damage. They get in your yard, I had some people in my yard cussing at me last weekend. Telling me I had no right to be there. And Cunningham Park is well over crowded. The only existing value of it right now is that there is no other places to park. If we open up 64 more parking places you can multiple that each by four, at least, and we're going to be adding 200 plus people there and probably having heart attacks for the property owners that live along there. I mean I for one KENAI PLANNING AND ZONING COMMISSION August 26, 1992 Page 6 am sick of fighting with them You call the police and sometimes that helps and sometimes it doesn't. I've had private personal property of mine, such as skiffs and stuff destroyed by those people. Which I don't even put them in the river anymore because I can't stand there 24 hours a day and watch it. I've had outboard motors stolen, I've had things stolen from my yard, bicycles and stuff. I don't want no more unwanted people there, for one. The other problem I have with it is when the gravel pit was put in across the road from me I was one of the people who spoke in favor of doing it, because I'm like Mr. Cone. A man owns a piece of property and he's trying to make a living I'm not opposed to it. But in the permit for that gravel pit there was a minimum of a 200 foot buffer zone of trees between the gravel pit and the road. This RV Park will wipe out that buffer zone. Another, little problem I have, is looking at, and I don't know how accurate those things are you sent us in the mail. But where they show the proposed park, there's a little drainage creek that runs through there. And it doesn't show on that print but if the print is anywhere close to accurate they're putting sewage dump right in the middle of that creek. And I'm really, definitely opposed to that. Basically what I have to say is pretty much echoing what everyone else has said. Cunningham needs some pressure relieved not more pressure put on it. The restrooms there are maintained properly, it becomes a stinking mess, that I can even smell in my yard. They throw their garbage over the fence into my yard. They climb up the bank. They even come into my yard and curse at me. And it's amazing how many grown adults can climb, or crawl under, or somehow get through a chainlink fence and not see it. I, myself, had my own fencing up. They destroyed it, tore it down. If you pout up no trespassing signs, they burn them. There is virtually, other then screaming and yelling and calling the police, there's hardly anything else we can do. And I for one, would really hate to see the traffic increase in that park. If anything, I would like to see it decrease. I think there is too much area now, I think that too many people are crowding in there. And they won't listen to you. And they'll stand right in your yard and tell you they have they have legal right to be in your yard. Like Mr. Knight said, we own to the meander line of the river, which is half tide, and I'll freely tell people I don't care what you do down there. But to come up on my bank I'm trying to keep from eroding, they cut my little trees down and make little stakes to hold their fishing poles. It's just one general annoyance, therefore, I'm totally opposed to putting the park in. Ernie Knackstedt, can I say something? Chairman Graveley, Yes. KENAI PLANNING AND ZONING COMMISSION August 26, 1992 Page 7 Ernie Rnackstedt, this is Ernie again. The city had a good idea putting that park in there, where they wanted to make that boat ramp. That's a way, there's no buildings back there or anything. They may have to pay a little bit, 'cause I don't care what Fish and Wildlife says, I took pictures of that area and I brought them to the City. I walked it in my socks and never even got them wet, now I found out why they're using me for a toilet. The cunningham Park's toilet smells too strong, so I've got toilet paper and everything else scattered around in my woods, just behind my house. And I'm looking right down on them. I took a TV camera out there and I got two women, but I didn't have the camera on and I wish I would have. Boy, they can run. Chairman Graveley, are there other individuals from the public who wish to speak before the Commission this evening? Ruth Lofstedt, my name is Ruth Lofstedt and I life at River's Bend, Beaver Loop also. My address is 1616, Kenai. My husband is out of town, or I guess I wouldn't be standing up here, he'd be doing the talking. But, we live between Ted Knight, no between Garcia's and Knackstedt's and we have, of course, the same problem with the over abundance of people on the riverbank. And as they said, not only on the bank, but in your yard. So that is a real problem with us as far as having another RV Park across the street. We have other lots that are adjoining Ted Knight's and Cunningham Park and hopefully we'll sell those to people for homes, which would make a lovely residential area along that riverbank. So I don't think that would help that for resale. And also, if we should so desire to build there ourselves someday, I don't think I would care to live right across from an RV Park. I don't think it would enhance our property in any way. So I feel the same, like the other people said, I'm not against free enterprise. We have to work for our living and that's the way it's been, so I'm not against free enterprise, I really am for it. But I hate to see that infringed on a residential area, especially the nice one we have down there. I guess that's about all I have to say. I guess you heard about everything else I was going to say from the other people. But I agree with them totally. Thank you. Chairman Graveley, Thank you. Are there any other individuals from the public who wish to speak? Ted Knight, I would say that RV Park would lower the value of my home. I've got a decent, a nice home there, and I believe not only mine, but everyone else that lives down there, with that RV Park in there would lower the valuation of our property. And I think that is another good reason why it shouldn't be there. } KENAI PLANNING AND ZONING COMMISSION August 26, 1992 Page 8 Chris Garcia, just a question, what is the status of that other one up the river where you was going to buy that property? Did the Corp shoot that down, or did the State, or what did happen to that? I thought the Council and everybody was in favor of doing it. Councilman Smalley, the State, D.C., and the Feds all said no. Matter of fact, we had one Federal Agency threaten to make sure there were no Dingle Johnson monies, which are some Federal monies, for those types of projects to ever set sight on the City of Kenai, if we were to continue with that permit. Since that time that it was rejected there have been considerable laws changed on Wetlands. The City, I believe is going to refile their application, is that not right, Jack? Jack La Shot, There has been some talk about that. Councilman Smalley, yea, the Council is going to make that request to refile this. Rewrite it, refile it, do whatever we possibly can. We believe that is the best area, if anything it's gonna pull those people away from the residents. And I agree with Ernie, that land, you can walk out there with socks on. There's times it's gonna get wet, but it was turned down by State and Federal ~ government. But we feel that is the best place. Chris Garcia, I knew you guys were in favor, but I never did follow up to see why it was turned down. And it's ideal. Councilman Smalley, because there's 500 varieties of birds that nest there, etc., etc., etc. Ernie Rnackstedt, the birds don't nest there, they nest on the other side. Councilman Smalley, I know. We used to be the neighbors just down the road. I'm aware of that. Ruth Lofstedt, I would just like to make the comment also, that all of us who are neighbors here, we would like to (inaudible). . Councilman Smalley, the City will try to get the State and Federal people involved again, there is something like 13 or 14 different agencies involved, here in Kenai. The last time we had this meeting it was in Anchorage, they would not come down. We have requested, time and time again for them to come down here. Come and do an on-site walk on the property. Come down anytime of the year when they think it' s going to be impacted by migratory birds or crossing caribou. They don't cross there, you know, they cross lower. And invite them down, and I don't know if the City has heard whether they intend to come down here or not. But, if we can get those folks to come down here, it will be widely publicized in KENAI PLANNING AND ZONING COMMISSION August 26, 1992 Page 9 the paper and I would encourage all the residents our there, that think that would be an appropriate place for a facility, to come out and testify. Because, I think public opinion may help. Ernie Rnackstedt, I'll help you. Chester Cone, incidently everyone knows that the City was planning on buying the land from me for the docking area. And it's an ideal place, and it would get the traffic, at least the cars and the boats up the river, out of the river property owner's hair. But the main idea is that when the proposal came up, to support the City and the dock thing, there was too many people that just didn't react. They just thought, that's money in old Cone's pocket and they didn't like the idea too well. And the Corps of Engineers, if they'd have had a little more encouragement may have responded to that. But there is still a chance. The Commander is coming down again, next month to look at that again and we need support from the people and the sport fishermen. It will never go, if they don't think there's a need for it. Art Graveley, is there any other individuals who wish to speak to this issue? I'd like to remind the public also, we need to stay on the issue of the RV Park for Patrick Doyle. Ralph Van Dusseldorp, I'm Ralph Van Dusseldorp, I live about a half a mile from the proposed RV Park and I'd also like to strongly object to permitting of this to happen. I'm retired, and we purchased our property about six years ago. All I wanted to do, in retirement, is to live in a peaceful, quiet environment. We don't have that. Things have change a lot in the last six years, conditional use permit after conditional use permit after conditional use permit have been issued. I would expect someone coming from the outside, driving through the area, would think this is zoned commercially. It's not zoned commercially, it's still zoned Rural Residential. So i would hope we can do what we can to keep it that way and to protect my well earned retirement. Kenai, has been awarded the distinction of being an All-American City, I don't think you build RV Parks in residential areas in All-American Cities. Chairman Graveley, are there any other individuals who wish to speak, this time, is the applicant here? Don Moffis, I'm here on behalf of the applicant. Chairman Graveley, do you wish to speak to the Commission? Don Moffis, 2241 Beaver Loop Kenai, I'm here on behalf of Doyle Construction for the proposed RV Park and we're not right, the park that's proposed here, on this paper, isn't right on the creek, as KENAI PLANNING AND ZONING COMMISSION August 26, 1992 Page 10 somebody said. It runs through, it's just down the road from that creek. That creek runs through an open area, and we didn't proposed to put anything in the open area. As far as buffer zone, we have proposed to have a 90 foot buffer zone, before there's any Rvs to start off with. We didn't plan on going in there, and taking out all the trees and making an open area out of the place. We planned on making a nice, parking, RV place, like people who come up from the Lower 48 expect to see when they hit Alaska, instead of an open parking lot, to come and park their Rvs, and just sit around and look at each other. As far as the impact on Cunningham Park, we kinda hoped it would give incentive to upgrade Cunningham Park. But, I don't know from listening to everybody else, Cunningham Park, just doesn't have enough area to open up for. So, i would apologize for anything that would lead the people over onto your property. That's not our goal, here. Our goal is to put in a nice RV Park bring people to Kenai. More buying power, more tax money going into our coffers instead of the Soldotna area, which it seems like all the tourists come. And I know we rely quite a bit on sales tax dollars from the tourists. We in no means, plan to put up in any hopes of damaging anybodies property. We wouldn't want to do anything like that. The environmental impact, we didn't plan on any environmental impact on that little creek down there. As far as parking, we might be able to work out some kind of deal to have more parking there for the people so they don't congest that area over there. But what I think I'd like to do now, is postpone this until we can get more information. Maybe getting more parking area for the people. find out what we can do to enhance this RV Park for the people get it where it will go over well. Chairman Graveley, are you directing your comments to the Commission, at this time, to postpone. Do I understand you correctly? Don Moffis, yes I think I'd like to postpone it until your next meeting. Chairman Graveley, I think in conference here, we' 11 take that into consideration and I'll make a recommendation to the Commission that we continue this public hearing until the next meeting, to give you time to reevaluate. Is that what you wish? Don Moffis, Yes. Chairman Graveley, are there any others from the public who wish to speak at this time? Mr. Garcia. Chris Garcia, just as a question, if this public hearing is continued, does that mean we have to come in again or are our comments as they stand there? 'Cause if they change something it KENAI PLANNING AND ZONING COMMISSION August 26, 1992 Page it kinda changes everything, doesn't it? Chairman Graveley, to a point, your comments will be on the record, I think that if we continue it until the next meeting it might be worth your while to try to be here, to see what the changes are at that time. Chris Garcia, will we be notified again? Chairman Graveley, Yes. Ruth Lofstedt, I'd like to address the comments about the parking. The parking is not the problem, it's the least of the problem. It's the bodies. Chairman Graveley, are there any other individuals that wish to speak at this time, if not we'll bring it back to the Commission and close the public hearing. With the Commissioner's approval we'll continue this to the next meeting. MOTION: Commissioner Bryson made a motion to postpone this item until next meeting. Commissioner Scott seconded. Discussion: Commissioner Scott said she would like to see, there were some special conditions placed on the use of Cunningham Park, I understand, I've never seen them. And I would certainly like to see what those conditions were when it was deeded to the City. And I would also wonder if we might get a validation of how much polic activity is down there. How often are we calling? We should be able to get those from our City records. And I' like to ask that the public hearing testimony regarding Cunningham Park be done verbatim, and then when our minutes are given to the City Council they will have the benefit of having the information in terms of the problems that exist with that park. Because that may be even a seperate issue from this park. Chairman Graveley, any further comments? Commissioner Bryson, my one comment I'd have is the application itself makes reference to the 55 acres, yet the drawing itself is not dimensional concerning where the location of the 400 by 260 foot development is. I'd request that be shown tied to the property line. Chairman Graveley, further comments? Call for questions. KENAI PLANNING AND ZONING COMMISSION August 26, 1992 Page 12 Commissioner Scott, is this on the motion to postpone? Chairman Graveley, yes this is on the motion to postpone. VOTE: Bannock: Yes, Bryson: Yes, Graveley: Yes, Scott: Yes 7. NEW BUSINESS 8. OLD BUSINESS 9. REPORTS a. City Council Councilman Smalley reported on agenda items: Status of K-Mart, proposed bond issue for building of Catholic Church, Status of Quandt property, City Auction. 1 b. Borough Planning Commission Bryson reported on agenda items: Jettison Junction preliminary plat. c. City Administration La Shot suggested that an item be added to agenda to track zoning enforcement issues. 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 1. Letter from City Attorney - RPM's 2. Memo from Public Works Department 3. City Council Agenda 4. 12. COMMISSION COMMENTS & QUESTIONS Scott felt that there were several 13. ADJOURNMENT ~~