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HomeMy WebLinkAbout2006-04-12 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS April 12, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call 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: a. *March 22, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ06-23 - An application for a Conditional Use Permit for a Drilling Permit for the .property described as Tract A, Autumn Subdivision (500 Childs Avenue) Kenai, Alaska. Application submitted by Charles A. Underwood, Jr. of Marathon Oil Company, P.O. Box 196168, Anchorage, Alaska 99519-6168. b. PZ06-24-An application to rezone the parcels known as Lot A-land Lot A-2, Baron Park Subdivision from Split zoning (Light Industrial and General Commercial) to General Commercial. Application submitted by Rick R. Koch, City Manager, Kenai, Alaska. 6. OLD BUSINESS: a. PZ06-13 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the existing Landscaping/site plan regulations at KMC 14.25 and 14.20.115(1) be repealed and replaced with a new KMC 14.25 (Landscaping/Site Plan Regulations). (Postponed from February 22, 2006.) 7. NEW BUSINESS: a. PZ06-26 - Transfer of Conditional Use Permit PZOS-56 for lodging and guide service for the properties known as Lots 4 & 5, Angler Acres Subdivision Part 3 (1035 & 1045 Angler Drive), Kenai, Alaska, from Clint & Delores Coligan dba Captain Blighs Beaver Creek Lodge to Steve & Rick Voth. Application submitted by Steve Voth dba Captain Blighs Beaver Creek Lodge, P.O. Box 2227, Soldotna, Alaska. b. PZ06-27 -Transfer of Conditional Use Permit PZ98-37 for cabin rentals for the properties known as Lots 3 & 4, Block 8 Valhalla Heights Subdivision Part 3 (4140 & 4150 North Dogwood Road) and Lot 1 James H. Cowan Estates (1010 Angler Drive), Kenai, Alaska, from Clint & Delores Coligan dba Captain Blighs Beaver Creek Lodge to Steve & Rick Voth. Application submitted by Steve Voth dba Captain Blighs Beaver Creek Lodge, P.O. Box 2227, Soldotna, Alaska. c. PZ06-28 - Transfer of Conditional Use Permit PZ03-23 for cabin rentals for the property known as Lot 7, Block 8 Valhalla Heights Subdivision Part 3 (140 Phillips Drive), Kenai, Alaska, from Clint & Delores Coligan dba Captain Blighs Beaver Creek Lodge to Steve & Rick Voth. Application submitted by Steve Voth dba Captain Blighs Beaver Creek Lodge, P.O. Box 2227, Soldotna, Alaska. d. PZ06-29 -Transfer of Conditional Use Permit PZ03-22 for cabin rentals for the property known as Lot 6, Block 8 Valhalla Heights Subdivision Part 3 (130 Phillips Drive), Kenai, Alaska, from Clint & Delores Coligan dba Captain Blighs Beaver Creek Lodge to Steve & Rick Voth. Application submitted by Steve Voth dba Captain Blighs Beaver Creek Lodge, P.O. Box 2227, Soldotna, Alaska. 8. PENDING ITEMS: a. PZOS-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled) 9. CODE ENFORCEMENT: a. Quarterly Code Violation Report 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Zoning Bulletin (3/10/06) b. Building Permits 1St Quarter 2006 c. Planning & Zoning Permits 1St Quarter 2006 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: l CITY OF KENAI PLANNING 8a ZONING COMMISSION CITY COUNCIL CHAMBERS APRIL 12, 2006 - 7:00 P.M. CHAIR BARRY ELDRIDGE, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Eldridge called the meeting to order at 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: L. McLennan, J. Twait, J. Jenckes, B. Eldridge, P. Bryson Commissioners absent: S. Romain Others present: Council Member Ross, City Planner Kebschull, and Contract Secretary B. Roper A quorum was present. 1-b. Swearing in of Commissioner Fullinck ~ Mr. Fullinck was not present at the meeting. 1-c. Agenda Approval MOTION: Commissioner Jenckes MOVED to approve the agenda and requested UNANIMOUS CONSENT. Commissioner McLennan SECONDED the motion. There were no objections. SO ORDERED. 1-d. Consent Agenda MOTION: Commissioner Twait MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Jenckes SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- March 22, 2006 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS 5-a. PZ06-23 -- An application for a Conditional Use Permit for a Drilling Permit for the property described as Tract A, Autumn Subdivision (500 Childs Avenue) Kenai, Alaska. Application submitted by Charles A. Underwood, Jr. of Marathon Oil Company, P.O. Box 196168, Anchorage, Alaska 99519-6168. Kebschull explained the following: • The application for a Conditional Use Permit was submitted to authorize the drilling of two new gas wells. • The drilling site is located at 500 Childs Avenue near the intersection of Beaver Loop and Bridge Access Road. • An eight-foot security fence and a visual buffer of trees enclose the 4.77 acre parcel. • The proposed site has been an existing gas production site since 1981; two previous Conditional Use Permits were issued to Union Oil (Unocal) for this location; gas production was suspended from this pad prior to the exchange of properties to Marathon Oil in 1994; and, the facility has been maintained but remained in suspended status. • The wells will be drilled to a depth of approximately 8,150 feet; the drilling rigs have hospital type mufflers for the engines to help eliminate noise as well } as OSHA approved strobe lights in place of back-up beepers for vehicles. • The property is zoned IH -Heavy Industrial. The land around this parcel is vacant and it does not appear the value of the adjoining property and neighborhood would be impaired by the proposed use. • The proposed use is in harmony with the Comprehensive Plan. • There are no public facilities serving this area, and the proposed use will not be harmful to the public safety, health or welfare. • Staff recommends approval with the following requirements: -- The applicant obtains state and federal permits including but not limited to ADEC for temporary drilling waste storage and a permit from DNR for temporary water use. -- Ensure equipment has OSHA approved noise eliminators. -- After the 15-day appeal period, obtain a Drilling Permit from the City of Kenai. Chair Eldridge opened the public hearing. Chick Underwood, Marathon Oil, 3201 C Street, Suite 800, Anchorage, Alaska -- Mr. Underwood noted the following: • Marathon had assumed operatorship from Unocal in 1994 and has focused most of their activity at what is referred to Cannery Loop No. 1 Pad. • This pad is located on the south side of the river accessed from Cannery - ~ PLANNING & ZONING COMMISSION MEETING APRIL 12, 2006 PAGE 2 Road and approximately ten wells have been drilled on that pad and the available space for new drill wells is about maximized. • Recognizing the gas being produced extends further to the north justifies the reactivation of what is considered Cannery Loop No. 3 Pad. • There are two targets identified for drilling and the plan is to drill back to back if possible. Based on the success of those two wells, Marathon may come back to drill additional wells in the future. • Evaluations have been made for redrilling using the existing well bores and because of the structural location of the gas, it is better to drill a new well. However, based on the success of the new wells, the former well bores may be re- entered if they can structurally reach the horizons that have the gas. • New production equipment will be installed in the existing building because everything was basically removed when Marathon assumed operatorship. • There is an existing underground pipeline used previously and gas can be routed for industrial or utility use. The line has been tested and it is competent so no additional testing is required. • The control room is being rebuilt and there will be an unmanned office, however, there will be alarm systems tied into Marathon's monitoring system which is based at the Kenai Gas Field located seven miles south of the City. There is also a pager alarm system that Marathon operators carry; these will sound when there is an alarm at any location. • Drilling is estimated to last 30 days at the maximum and at the completion of drilling, the well will be tested and there will be no flaring of gas. Minimal testing will take place and the preference is to tie that into a production ~ system and get it online. Marathon is aware the City does not allow any flaring with the City limits. • Drilling waste will be captured in steel tanks which is removed by vacuum trucks and taken to the Kenai Gas Field. Marathon has a permitted process where they separate out the sand and gravel from the drilling waste. It is washed and tested and if it passes criteria established by ADEC then it will be reused. Any material that does not pass a heavy metal and hydrocarbon test will be used as fill in areas where approved. • Marathon does not use anoil-based drilling mud system; it is all water- based. There is nothing of a harmful nature that is used during the drilling process. Any wastewater generated will be captured and taken offsite. The drilling contactor has holding tanks on their brake trailers and the gray water is taken away by a qualified hauler to an approved disposal site. There is no discharge whatsoever on site. During Commission discussion, Underwood noted the following: • There are no permits required from the Borough; the only regulation is from the ADEC and it has to meet the criteria that there are no heavy metals or hydrocarbons. The material will be used as fill on their pads and nowhere else. • H2S is normally found with oil production and the H2S amounts were almost too small to measure and was not an issue. • Asked if there would be any gas leak detection equipment, Underwood PLANNING 8v ZONING COMMISSION MEETING APRIL 12, 2006 PAGE 3 stated sniffers would be placed at the point where the cuttings come out of the well. They will also have mud-loggers who are well-site geologists and monitor the mud and its properties at all times. • There have been no incidents with this rig since beginning operation in 2001. • If there were a blowout, Marathon would want to control it as quickly as possible by using a diverter which diverts gas away from the rig to control the pressure. • During drilling, personnel will be there 24-hours a day; in the production mode the closet operator could be there within ten minutes; a facility is not left idle and operators make periodic rounds during the day checking pressures, reading instruments, checking for leaks, etc.; when production begins at a facility there is someone usually there 24-hours a day for at least the first week until it appears that everything is stable; and, if all goes well with the drilling, production of these wells will not begin until the latter part of this year. • Asked if Marathon owns the high-pressure gas line on Bridge Access Road, Underwood stated he believed they did; there is a mandatory monitoring program in place where they run a smart pig that has recording devices that show the wall thickness of pipe and it evaluates any corrosion; and, because it is a high pressure line, it is a very critical issue and at this point they have not detected anything, however, because the Kenai-Kachemak pipeline ties into this pipeline it is regulated under DOT standards. • There is no electronic security at the moment but with the start-up of activity, there have been a lot of visitors asking questions about what is going on so a full-time guard has been hired; a person will be present in a guard capacity for 24- hours aday during drilling; at the conclusion of drilling and at the end of the work day the gates will be closed and locked; and, Marathon also has rovers who make rounds throughout the day and night. • Marathon would be happy to arrange a tour for the Commission at any time. There being no other public wishing to speak, the public hearing was closed. MOTION: Commissioner Bryson MOVED to approve PZ06-23, an application for a Conditional Use Permit for a drilling permit of the property described as Tract A, Autumn Subdivision including staff comments. Commissioner McLennan SECONDED the motion. VOTE: McLennan Yes Twait Yes Jenckes Yes Romain Absent Eldrid e Yes B son Yes MOTION PASSED UNANIMOUSLY. l PLANNING 8v ZONING COMMISSION MEETING APRIL 12, 2006 PAGE 4 Eldridge explained the appeal process. 5-b. PZ06-24 -- An application to rezone the parcels known as Lot A-1 and Lot A-2, Baron Park Subdivision from Split zoning (Light Industrial and General Commercial) to General Commercial. Application submitted by Rick R. Koch, City Manager, Kenai, Alaska. Kebschull explained the following: • The City of Kenai is requesting the rezone to eliminate asplit-zone situation of the properties known as Lots A-1 and A-2 Baron Park Subdivision No. 6. • The parcels are being replatted to create one large parcel for the proposed Lowe's store. • Retail uses are permitted in both zones. • Staff recommends the property be rezoned from Split Light Industrial to General Commercial. • The Comprehensive Plan identifies the area as Airport Industrial; the City has recently completed a supplemental plan for the Airport and it is in the implementation stages; and, these properties are not included in the proposed airport reserve and are not being recommended by that plan to be reserved strictly for airport use. • As the requested rezone meets the criteria of KMC 14.20.270, staff recommends approval. There were no public comments. MOTION: Commissioner Jenckes MOVED to approve PZ06-24 and Commissioner Twait SECONDED the motion. Jenckes asked if it was the intent of Lowes to use all of Baron Park No. 6 and Kebschull replied, their proposed use is for Baron Park No. 6 both Lots A-1 and A-2, however, the City has not received a site plan at this time. It was also noted Lowes had applied for a lease and it was approved by Council. VOTE: McLennan Yes Twait Yes Jenckes Yes Romain Absent Eldrid e Yes B son Yes MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS 6-a. PZ06-13 -- A resolution of the Planning and Zoning Commission of the J PLANNING 8s ZONING COMMISSION MEETING APRIL 12, 2006 PAGE 5 City of Kenai, Alaska, recommending to the Council that the existing Landscaping/site plan regulations at KMC 14.25 and 14.20.115(1) be repealed and replaced with a new KMC 14.25 (Landscaping/Site Plan Regulations). (Postponed from February 22, 2006.) Kebschull explained the following: • The resolution was postponed due to issues of concern raised by the KEDS group as well as City Council. • She reviewed the revisions made to the regulations since the Commission's first review. • The revisions were reviewed with the KEDS group and it was reported they were comfortable with the revisions. • Staff recommends approval. Kebschull noted, the public hearing process was complete and a motion for approval was on the table. MOTION: Commissioner Jenckes MOVED to bring PZ06-13 back for approval of the substitute KMC 14-25 and Commissioner Bryson SECONDED the motion. Bryson asked if the modification was identified by a date and Kebschull replied it was identified in the resolution. Bryson recommended PZ06-13 be forwarded to Council for approval. VOTE: McLennan Yes Twait Yes Jenckes Yes Romain Absent Eldrid e Yes B son Yes MOTION PASSED UNANIMOUSLY. ITEM 7: NEW BUSINESS 7-a. PZ06-26 -- Transfer of Conditional Use Permit PZ05-56 for lodging and guide service for the properties known as Lots 4 8v 5, Angler Acres Subdivision Part 3 (1035 8v 1045 Angler Drive), Kenai, Alaska, from Clint & Delores Coligan dba Captain Blighs Beaver Creek Lodge to Steve & Rick Voth. Application submitted by Steve Voth dba Captain Blighs Beaver Creek Lodge, P.O. Box 2227, Soldotna, Alaska. Kebschull noted, pursuant to code, the applicant is required to operate under the same requirements and noted, ownership of all the parcels had changed. MOTION: J PLANNING 8v ZONING COMMISSION MEETING APRIL 12, 2006 PAGE 6 Commissioner Bryson MOVED to approve PZ06-26, a transfer of Conditional Use Permit PZO5-56 for lodging and guide service for the properties known as Lots 4 and 5 Angler Acres Subdivision Part 3 and incorporating staff comments. Commissioner McLennan SECONDED the motion. VOTE: McLennan Yes Twait Yes Jenckes Yes Romain Absent Eldrid e Yes B son Yes MOTION PASSED UNANIMOUSLY. 7-b. PZ06-27 -- Transfer of Conditional Use Permit PZ98-37 for cabin rentals for the properties known as Lots 3 & 4, Block 8 Valhalla Heights Subdivision Part 3 (4140 & 4150 North Dogwood Road) and Lot 1 James H. Cowan Estates (1010 Angler Drive), Kenai, Alaska, from Clint & Delores Coligan dba Captain Blighs Beaver Creek Lodge to Steve 8v Rick Voth. Application submitted by Steve Voth dba Captain Blighs Beaver Creek Lodge, P.O. Box 2227, Soldotna, Alaska. MOTION: Commissioner McLennan MOVED to approve PZ06-27, a transfer of Conditional Use Permit PZ98-37 for cabin rentals for the properties known as Lots 3 and 4, Block 8 Valhalla Heights Subdivision Part 3 and Lot 1 James H. Cowan Estates, also incorporating staff comments. Commissioner Twait SECONDED the motion. VOTE: McLennan Yes Twait Yes Jenckes Yes Romain Absent Eldrid e Yes B son Yes MOTION PASSED UNANIMOUSLY. 7-c. PZ06-28 -- Transfer of Conditional Use Permit PZ03-23 for cabin rentals for the property known as Lot 7, Block 8 Valhalla Heights Subdivision Part 3 (140 Phillips Drive), Kenai, Alaska, from Clint 8v Delores Coligan dba Captain Blighs Beaver Creek Lodge to Steve & Rick Voth. Application submitted by Steve Voth dba Captain Blighs Beaver Creek Lodge, P.O. Box 2227, Soldotna, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ06-28, a transfer of Conditional Use Permit PZ03-23 for cabin rentals for the property known as Lot 7, Block 8 Valhalla PLANNING & ZONING COMMISSION MEETING APRIL 12, 2006 PAGE 7 ,l Height Subdivision Part 3 and incorporating staff comments. Commissioner McLennan SECONDED the motion. VOTE: McLennan Yes Twait Yes Jenckes Yes Romain Absent Eldrid e Yes B son Yes MOTION PASSED UNANIMOUSLY. 7-d. PZ06-29 -- Transfer of Conditional Use Permit PZ03-22 for cabin rentals for the property known as Lot 6, Block 8 Valhalla Heights Subdivision Part 3 (130 Phillips Drive), Kenai, Alaska, from Clint & Delores Coligan dba Captain Blighs Beaver Creek Lodge to Steve 8s Rick Voth. Application submitted by Steve Voth dba Captain Blighs Beaver Creek Lodge, P.O. Box 2227, Soldotna, Alaska. MOTION: Commissioner Twait MOVED to approve PZ06-29, a transfer of Conditional Use Permit PZ03-22 for cabin rentals for the property known as Lot 6, Block 8 Valhalla Heights Subdivision Part 3. Commissioner McLennan SECONDED the motion. VOTE: McLennan Yes Twait Yes Jenckes Yes Romain Absent Eldrid e Yes B son Yes MOTION PASSED UNANIMOUSLY. ITEM 8• 8-a. PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning & Zoning ITEM 9: CODE ENFORCEMENT 9-a. Quarterly Code Violation Report ITEM 10: REPORTS 10-a. City Council -Council Member Ross provided a report on actions taken at the April 5, 2006 Council meeting. PLANNING & ZONING COMMISSION MEETING APRIL 12, 2006 PAGE 8 Asked why the Inlet Woods property sale was tabled, Ross explained Council wanted a new appraisal and also noted, there is a sale pending for the listed price without the ten percent discount. 10-b. Borough Planning -- Commissioner Bryson provided a brief report on actions taken at the March 27 and April 10, 2006 Borough Planning Commission meetings. 10-c. Administration -- Kebschull reported the following: • A Building Permit report is included in the packet. • She attended a workshop in Homer related to roads, right-of--ways, and environmental development, etc. Borough Planner Max Best gave a presentation on subdivision requirements and it became apparent how little is known about them. As a result, the Platting Officer has agreed to attend a Kenai Planning & Zoning Commission meeting and discuss the issue. • The Code Enforcement item will be removed from the agenda as it is rarely used. Any enforcement reports will be listed as an information item. • She will not be present at the next meeting as she will be attending a Planning Convention. • There will be a work session regarding the mixed use zone and probably scheduled before the first regular meeting in May. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. Zoning Bulletin (3/ 10/06) 12-b. Building Permits 1st Quarter 2006 12-c. Planning & Zoning Permits 1st Quarter 2006 ITEM 13: COMMISSION COMMENTS Ss QUESTIONS Commissioner Jenckes stated he would not be at the next meeting because of work obligations. ITEM 14: MOTION: ADJOURNMENT Commissioner Bryson MOVED to adjourn and Commissioner Twait SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:05 p.m. PLANNING 8v ZONING COMMISSION MEETING APRIL 12, 2006 PAGE 9 _ Minutes transcribed prepared by: Barbara Roper, Co t Secretary PLANNING & ZONING COMMISSION MEETING APRIL 12, 2006 PAGE 10