HomeMy WebLinkAbout2001-10-10 Planning & Zoning Minutes~~ cITY of KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
October 10, 2001 - 7:00 p,m.
1. CALL TO ORDER:
a. Roll Cali
b. Agenda Approval
c. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. *APPROVAL OF MINUTES: September 26, 2001
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ01-51 An application for a Variance Permit for the property known as 1511 Stellar
Drive (Lot 4, Block 5, Redoubt Terrace Subdivision, Addition No. 1 }, Kenai, Alaska.
Application submitted by Lynn and Nancy Ganter, 1511 Stellar Drive, Kenai, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
a. PZO1-52-An application for a Conditional Use Permit for Surface Extraction of Natural
Resources far that portion of the SE'/a lying northwesterly of Beaver Loop Road
excluding Tracts 1 and B of Michael J. Pelch Homestead (3713 Beaver Loop Road). At
this meeting, the Commission must review the application and information provided and
determines if the application meets the Code Requirements or if additional information is
necessary.
b. *PZO1-53 Home Occupation Permit (Day Care}-For the property known as Lot 1,
May Subdivision Aliak Addition {412 Linwood Lane). Application submitted by Bobbie
J. McGahan, 412 Linwood Lane, Kenai, Alaska.
c. PZO1-55- A Resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council of the City of Kenai that KMC 14.05.020 be
amended to increase the fee for applications for Variances, Encroachments, Conditional
Use Permits, and Amendments to the Kenai Zoning Cade or the Official Map from $100
to $200. Various other sections of Title 14 are also amended to reflect this change.
d. PZO l-Sfr-A Resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council of the City of Kenai, Alaska, that KMC
14.20.280(c) be amended to remove the requirement that notification of Public Hearings
be sent via certified mail.
8. PENDING ITEMS:
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. KPB PIanning Commission Administrative Action -- 9117/01
b. Cunningham Park Site Plan -Concept
c. "Zoning Bulletin" - 9125101
d. KPB Plat Committee Action -~ 9124101
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING 8s ZONING COMMISSION
CITY COUNCIL CHAMBERS
OCTOBER 10, 2001 - T:00 P.M.
CHAIRMAN RON GOECKE, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chairman Goecke called the meeting to order at 7:00 p.m.
1-a. Roll Call
Roll call was taken and confirmed as follows:
Members Pxesent: Bryson, Goecke, Nord, Jackman
Members Absent: Glick, Erwin, Morse
Others Preseat: Councilman Bannock, City Planner Kebschull, Contract
Secretary Roper
1-b. Agenda Approval
MOTION:
Commissioner Nord MOVED to approve the agenda and requested UNANIMOUS
CONSENT. The motion was SECONDED by Commissioner Bryson. There were no
objections. 30 ORDERED.
1-c. Consent Agenda
MOTION:
Commissioner Bryson MOVED to approve the consent agenda and requested
UNANIMOUS CONSENT. The motion was SECONDED by Commissioner Nord. There
were no objections. SO ORDERED.
ITEM 2: APPROVAL OF MINUTES -- September 26, 2001
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- Nane
ITEM 4: CONSIDERATION OF PLATS -- None
ITEM 5: PUBLIC HEARINGS
5-a. PZ01-S 1, An application for a Variance Permit for the property
known as 151 i Stellar Drive (Lot 4, Block 5, Redoubt Terrace
Subdivision, Addition No. lj, Kenai, Alaska. Application submitted
by Lynn and Nancy Ganter, 1511 Stellar Drive, Kenai, Alaska.
MOTION:
Commissioner Jackman MOVED to approve PZO1-51 and Commissioner Bryson
SECONDED the motion.
Chairman Goecke opened the public hearing but there were no comments. Public
hearing was closed. Staff had nothing additional and noted the City received no
letters commenting on the issue. Staff recommended approval.
VOTE:
B son Yes Erwin Absent Glick Absent
Nord Yes Morse Absent Jackman Yes
Goecke Yes ,
•n
MOTION PASSED UNANIMOUSLY.
ITEM 6: OLD BUSINESS -- None
ITEM 7: NEW BUSINESS
7-a. PZO1-52~---An application for a Conditional Use Permit for Surface
Extraction of Natural Resources for that portion of the SE ~4 lying
northwesterly of Beaver Loop Road excluding Tracts 1 and B of
Michael J. Pelch Homestead (3713 Beaver Loop Roadj. At this
meeting, the Commission must review the application and
information provided and determines if the application meets the
Code Requirements or if additional information is necessary.
It was noted that Item PZ01-52 was on the agenda for review to determine whether or
not the application met code requirements and if additional information was needed.
Kebschull explained she was questioning whether or not the site plan was divided as
the detail showed and as described in the section of the code. Kebschull added she
wanted to amend her recommendation to include requirements outlined KMC
14.20.151, Item b-11.
PLANNING & ZONING COMMISSION MEETING
OCTOBER 10, 2001
PAGE 2
Bryson asked if it was staff's interpretation the applicant was proposing to lower the
existing footprint by ten feet without additional excavation around the perimeter.
Kebschull replied the pit, as it exists, was down to water level and the applicant stated
he planned to excavate out eight acres. Kebschull added it was unknown how much
had currently been excavated.
Nord questioned whether or not the existing pit would be anywhere near eight acres by
removing the proposed amount of gravel. Nord added she didn't think the application
met code requirements to include a soils survey which didn't appear to be provided
with the application. Bryson stated, in rough numbers the 160,000 yards taken out
over eight acres, was approximately ten feet.
Bryson stated he thought a development plan would be appropriate given the water
table would be significantly affected and the plan should include where and how it will
be drained and who it may affect.
Bannock stated, since it was a, Conditional Use Permit, the Commission could affix
any type of condition but it may be appropriate to review the information provided and
send it back requesting a public hearing be held at the next meeting with the
information listed in KMC 14.?~0.151. Bannock added, that was the specific
information the Commission must have to make a decision and once the specific items
were obtained, then other things could be requested if the Commission feels it is
necessary.
Bryson reiterated his concern and recommended an evaluation of the effects of the
proposed work in the water table on adjacent properties during development to
include water quality, water depth, and discharge of water and noted, those items
could be covered under Item 12 of the code.
Bannock reiterated it was his opinion the Commission did not have all the answers to
the questions the code specifically requested and recommended the Commission make
a motion directing Administration to ask the applicant to come back with complete
answers. Bannock added, at that time the Commission may have all the answers to
make a decision, but if not, then additional information could be requested. Kebschull
requested clarification that Bannock was recommending the information be requested
and a public hearing be scheduled at the same time. Bannock responded in the
affirmative, stating the Commission could make a decision at the next meeting if a
public hearing was scheduled. Kebschull pointed out the information would need to
be in hand by October l i~ to assure proper notification to those within 300 feet and it
was unlikely that could be accomplished because the applicant lives in Oregon.
Bryson stated he was uncomfortable in scheduling a public hearing without the
additional information because the public has the right to review the information in a
PLANNING & ZONING COMMISSION MEETING
OCTOBER 10, 2001
PAGE 3
timely fashion. Bryson added, it may take the applicant some time to obtain the
information especially if he has to hire consultants or surveyors.
Jim Krein (from the audience] asked if KMC 14.20.153 addressed the issue.
Commissioner Bryson read KMC 14.20.153 which states a public healing on the
application can be scheduled if no additional information is requested.
MOTION:
Commissioner Bryson MOVED to recommend the applicant provide the specific
information as listed in KMC 14.20.151, noting that some of those items have already
been provided, and that other information be provided which addresses how the work,
or modification to the water table affects the adjacent properties. Commissioner Nord
SECONDED the motion.
VOTE:
Erwin Absent Glick Absent Nord Yes
Morse Absent Jackman Yes B son Yes
Goecke Yes
MOTION PASSED UNANIMOUSLY.
7-b. PZ01-53-Home Occupation Permit (Dap Cared-For the property
known as Lot 1, May Subdivision Aliak Addition (412 Linwood Laae).
Application submitted by Bobbie J. McGahaa, 412 Linwood Lane,
Kenai, Alaska.
Approved by consent agenda.
7-c. PZ01-55- A Resolution of the Planning and Zoning Commission of
the City of Kenai, Alaska, recommending to the Council of the City
of Kenai that KMC 14.05.020 be amended to increase the fee for
applications for Variances, Encroachments, Conditional Use
Permits, and Amendments to the Kenai Zoning Code or the Official
Map from $100 to 5200. Various other sections of Title 14 are also
amended to reflect this change.
Kebschull noted the item was on the agenda for discussion purposes. Bannock stated
the item received a lukewarm response from the City Council and thought
Administration should be asked to provide expenditure information for the past two
years. Bannock also pointed out Item 7-c and 7-d go hand and hand and after
PLANNING & ZONING COMMISSION MEETING
OCTOBER 10, 2001
PAGE 4
discussion, it was decided Kebschull would provide the information and schedule a
public hearing for the next meeting.
7-d. PZ01-5G-A Resolution of the Planning and Zoning Commission of
the City of Kenai, Alaska, recommending to the Couacii of the City
o£ Kenai, Alaska, that KMC 14.20.280(c) be amended to remove the
requirement that notification of Public Hearings be sent via certified
mail.
This item was covered under Item 7-c.
ITEM 8: PENDING ITEMS -- Noae
ITEM 9 : CODE ENFORCEMENT -- None
ITEM 10: REPORTS
10-a. City Council -- Bannock gave a report on the City Council meeting held
on October 3, 2001.
IO-b. Borough Planning -Bryson provided a report on the Borough Planning
meeting held on October 8, 2001.
10-c. Administration -- Kebschull noted the following:
• Requested a confirmation from Commissioners of who would be
attending the strategic planning meeting on October 27~ and also encouraged those
who would be participating to attend the breakfast meeting prior to the regular
meeting.
• Requested the Commission to review Page 5 of the application (PZO1-52),
item 9 which states, The need for the particular natural resource within the City of
Kenai outweighs any detrimental effects the operation may have on surrounding
property owners.n Kebschull asked the Commission to attempt to come up with a
criteria list that could be used to review an application.
Bryson suggested the price of fill was certainly an issue and if one was forced to go
outside, consideration should be given to the cost of trucking and the price of sand as
both had increased tremendously over the years. Kebschull stated there were existing
pits far which she has no information on whether or not they meet the current needs.
She noted, another question was what the detrimental effects are to the adjoining
property owners. Kebschull added, the public hearings in the past heard concerns
with regard to increased traffic in the area as well as concern with the water tables.
Bryson stated, protection of the water quality and quantity could be most critical and
PLANNING & ZONING COMMISSION MEETING
OCTOBER 10, 2001
PAGE 5
added, another detrimental effect would be the cost of sand and/or gravel for
construction activities. Bryson continued, those individuals in the area also bear the
cost when the City has to contribute money for construction projects.
Jim Klein, 365 Dolchok, Kenai, Alaska -Klein thanked the Commission for their
public service and stated gravel pits had been a topic of discussion over there (Beaver
Loop) of which, water had been the main issue. Krein stated he knew a few folks with
sand points and when extraction takes place down into the water table, it does affect
them to a certain degree. Krein added the area is a high hydrological area with big
draiunage.
Krein asked how many viable operating pits the Commission felt was necessary in the
area and thought the cost per yard is borne by the system and if Foster wasn't making
money he wouldn't be operating there or anybody else in the area. Krein stated that
once they start shutting down they would be thinking of opening another pit because
someone else would be able to extract at a reduced rate. Klein said, either way
someone would go out of business and the market would tell that. Krein continued,
it's whatever the Commission feels should be the amount of traffic in the area and
another road will eventually have to be redone. Krein added, these were things the
Cammission had heard before.
Krein, referring to KMC 14.20.151, asked when someone gets a conditional use permit
far minerals extraction if they need to, like in other areas around the country, come
back in, backf"i11 and reclaim the Iand. Krein asked if that's what the code means or
are there other areas an a permit that address this. Klein stated, this particular piece
of ground appeared to be going into anestate-type issue which could mean big legal
issues. Krein asked if there was money or is the owner going to bring it back to
whatever the City requires them to by code.
Commissioner Jackman referenced a letter from the State (included in the packet}
regarding the conditional use permit for extraction of material and thought it would
clear up some questions of same council members. Jackman stated the pit had been
abandoned by the State so the applicant just wants to reclaim what was his before the
State took it over. Jackman added, it was not being used and they're not going to be
filling up something with water that is not being utilized nor are there any plans to
utilize it in the future. Jackman stated she thought haggling over the issue was a
waste of time since the land was the applicant's before the State took it over and it is
not being used. It was determined the State did not take the land but rather
purchased gravel from it. Kebschull stated the father just let the pit go and the permit
lapsed.
PLANNING & ZONING COMMISSION MEETING
OCTOBER 10, 2001
PAGE 6
Goecke asked Krein about the property owners with sand paints in the area and
wanted to know for what they were used. Krein replied it was a well for family
consumption and added, he didn't think a drilling rig was on the property to put a well
in.
Kebschuil stated she sent out the yearly report request to all the pit operators and this
year the City would meet with the operators to determine whether or not they are
operating within code.
ITEM 11: PERSONS PRESENT NOT SCHEDULED
Jim Krein, 365 Dolchok, Kenai, Alaska -- Krein asked if pit operators or individuals
who extract minerals from their property are required by their permit to reclaim said
property. Krein further asked what that reclamation means; do they need to bring it
back to what it was before ar are there avenues for the City code to allow them to
make a lake and call it goad.
Bryson stated there was no band required for reestablishment of any contours and the
proposed reclamation plan is purely that it's very schematic and a time line is not
attached to it; the answer is no.
Bannock stated there is reclamation in the application and the applicant has to
declare what the reclamation plan is going to be. Bannock added, how it is defined,
policed, enforced, or required is a gray area because no one had reached that point
yet.
Bryson stated, for the record, there is one large pit that had been reclaimed and that
is the Foster pit. Kebschull reported they reclaimed a portion but Foster had stated
they were not done extracting from that pit yet.
ITEM 12: INFORMATION ITEMS
12-a. KPB Planning Commission Administrative Action - 9/ 17/01
12-b. Cunningham Park Site Plan -Concept
12-c. "Zoning Bulletin" - 9 / 25 / O 1
12-d. KPB Plat Committee Action - 9/24/01
ITEM 13 : COMMISSION COMMENTS 8s UESTION3
Commissioner Jackman verbally resigned from her seat on the Planning and Zoning
Commission and stated she was looking forward to serving on the City Council.
PLANNING & ZONING COMMISSION MEETING
OCTOBER 10, 2001
PAGE 7
Commissioner Nord congratulated Jackman on her election to City Council.
Chairman Goecke also congratulated Jackman an her win.
ITEM 14: ADJOURNMENT
MOTxON:
Commissioner Jackman MOVED to adjourn. There were no objections. SO
ORDERED.
The meeting adjourned at 8:10 p.m.
Recorded and transcribed by:
Barbara Roper, act Secretary
PLANNING & ZONING COMMISSION MEETING
OCTOBER 10, 2001
PAGE 8