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HomeMy WebLinkAbout1995-03-08 P&Z Packet~, City of Kenai, Alaska 210 Fidalgo, Suite 200 ' PLANNING AND ZONING COMMISSION **AGENDA** ~ Council Chambers ~ March 8, 1995 Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES February 22, 1995 4. PERSONS PRESENT SCHEDULED TO BE HEARD a. Dorothy Gray -Interpretative Site -Village of Shk'ituk't 5. PLANNING a. Resolution PZ 95-11: Amending KMC 14.20.105 (c) (4) b. Resolution PZ 95-12: Amending KMC 14.20.105 (m) (4) 6. PUBLIC HEARINGS 7. NEW BUSINESS ~ a. Comprehensive Plan Review -Planning & Zoning Procedures, and Social, Cultural and Educational Facilities 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS 10. REPORTS a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS a. Taxicab Companies -Memo from City Clerk b. KRSMA Advisory Board Minutes c. Katmai "Used Car Lot" -Memo from Building Official e. HEA Transmission Line ~ 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT PLANNING AND ZONING COMMISSION MINUTES February 22, 1995 Chairman Kevin Walker 1. ROLL CALL Members present: Bryson, Werner-Quade, Mahurin, Walker Members absent: Goecke, Toppa, Glick Also present: Councilman Hal Smalley, Bob Springer, Building Official, and Kathy Woodford, P.W. Admin. Assistant 2. APPROVAL OF AGENDA MOTION PHIL BRYSON MOVED FOR APPROVAL OF THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. KAREN MAHURIN SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES -February 8, 1995 MOTION PHIL BRYSON MOVED FOR APPROVAL OF THE FEBRUARY 8, 1995 MINUTES AND ASKED FOR UNANIMOUS CONSENT. KAREN MAHURIN SECONDED. PASSED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD None 5. PLANNING a. COE Permit -Kenai River 302 -Pillars Chairman Walker asked for staff comments, Springer said there were none. MOTION PHIL BRYSON MOVED FOR A MOTION OF NON-OBJECTION. KAREN MAHURIN SECONDED. Walker asked for public comments. There being none he brought discussion back to the "~ commission. ~. Kenai Planning and Zoning Commission Minutes -February 22, 1995 Page 2 Bryson said the state needs to be notified they need a CUP for the activity described in the permit, unless they are exempt from the CUP process. Walker asked staff to consult with the city attorney to find out whether or not the state is exempt from the city's CUP process. Bryson seaid he assumed other state agencies have addressed this permit concerning the flood plain, 100 yr. flood zone, etc. Smalley said the state agencies that have applied for this permit are the same that dealt with the city's request for a similar facility in the lower river. The agencies were concerned with the city affecting the habitat in the area. Smalley said he wondered if the state is suggesting the area by the pillars is not a critical habitat area. He agreed there needs to be access to the lower river, and supports a project of this nature, but wonders why it would be ok for the state to do this type of project and it is not ok for the city to do the same type of project. Smalley stated the effect on the land would be the same. He asked if the state is exempt from the regulations it passes off onto other agencies. Mahurin said she had checked into the project and found they have considered the flood plain, etc. She said she is familiar with area and has no negative comments about the project. Bryson said Fish & Game should address the same concerns it did with the city's request for a similar project. Walker stated Fish & Game's comments have probably not been sent in yet as this is a comment period. Smalley said he wants to know if the state had to file with the same entities as the city did when applying for their permit, citizens and federal government. Walker stated he hopes all bodies are treated equally, and he added his support of this project. VOTE Bryson Yes Mahurin Yes Werner-Quade Yes Walker Yes MOTION PASSED UNANIMOUSLY. G~PHOIV(FCJ - Kenai Planning and Zoning Commission Minutes -February 22, 1995 Page 3 6. PUBLIC HEARINGS a. Resolution 95-9 -Encroachment 1510 Toyon Way -Walt Carrico MOTION PHIL BRYSON MOVED FOR APPROVAL OF THE ENCROACHMENT APPLICATION. THERESA WERNER-QUADS SECONDED. Springer stated the encroachment is on the side set-back. The requirement is a 15' set- back and this home is at 12'9". He said the front set-back is acceptable since it is an unoccupied garage and entry way. Walker asked for public comment. Roger Meeks asked if the side set-back was ok at the time of construction. Walker said no, it was not. Meeks stated there is not much that can be done now, but this type of ~ situation needs to have close attention paid to it in the future so it does not continue to happen. Steve Crane, Freedom Realty, asked if the commission had any questions. He added he does have as-builts. Crane said this type of encroachment seems to be a common problem on this street. Nelson Amen said he is the immediate adjoining property owner. He stated he has no objection to the encroachment. Bryson asked Springer if the side set-back was shown on the building permit. Springer said it was. Bryson asked Springer if the city required plot plans prior to issuance of a building permit. Springer stated that we do now, but at the time this home was built he did not believe it was a requirement. He added he has no historical data on whether or not the city was aware of the encroachment. Mahurin said just because something is already there and in place, it does not make it palatable. She said she will vote to approve of the permit but she is concerned with the encroachments that have been permitted and this is something that needs to be carefully watched in the future in order to stop it from happening. Bryson said just because a plot plan is done, it does not assure there will be no encroachment into set-backs. He said all it shows is that the constructor and the city think they know where the building will be constructed. pooo~ ~ Kenai Planning and Zoning Commission Minutes -February 22, 1995 Page 4 Mahurin asked if the city has a plan to check on development as it is being built. Walker said there is a plan, however, this is on an as-built basis and until the foundation is in, it is very difficult to measure. He added that errors do happen. Walker said he is in agreement with Mahurin that this situation needs to be watched carefully in the future. Walker said some people believe the lot should be surveyed before the foundation is poured, and maybe it is something that should be brought to the City Council. VOTE Werner-Quade Yes Bryson Yes Mahurin Yes Walker Yes MOTION PASSED UNANIMOUSLY. b. Resolution PZ 95-10 - RV Park in Heavy Industrial Zone - Ed Rinner MOTION PHIL BRYSON MOVED FOR APPROVAL OF THE CONDITIONAL USE PERMIT. THERESA WERNER-QUADE SECONDED. Springer said a conditional use permit is required for an RV park in the Heavy Industrial Zone. Ed Rinner, Anchorage, said he is partners with Eugene Browning (City Engineer in Anchorage) in this property. He said they have owned this piece of property for 17 years. He said they feel there maybe a market for a commercial wilderness park that has lots of trees and vegetation and larger parking areas. Rinner said they are looking at 6 - 7 tots per acre; a five acre spot could hold somewhere between 30 and 40 vehicles. He said this would be an alternative to bumper to bumper RV parking. Rinner stated they will be advertising nationally. Rinner stated his displeasure about the Overlay Ordinance 94-52. He said he is concerned about what it will do to real estate in the area. Rinner feels this ordinance will put a lot of property owners into non-conformance so they will have a hard time trying to sell their property. He told the commission he would like some type of protection from this zoning ordinance to protect his investment. Mahurin asked Rinner to define "wildlife park." ppp~~D Kenai Planning and Zoning Commission Minutes -February 22, 1995 Page 5 Rinner said he means that it will not be stripped of trees. The trees and vegetation will remain as it is except for what needs to be cut in order to put parking drives in. He added that he wants this area to be a pleasant spot that people will want to return to. Bryson said that by his calculations, there is less river front property than shown on Rinner's drawing. Rinner said it hasn't been surveyed and his drawing maybe a little off. Bryson asked Rinner to be sure and take care of the discrepancy in the site plan. Werner-Quade asked Rinner if he will allow tent camping. Rinner stated he is going to cater mostly to motorhomes because they are fully contained, but he would not turn away a tent camper. Walker questioned Rinner about the sanitation/sewer system; if he planned to use portables. Rinner said if the park goes well, they plan to put in a dump station. They do not plan any toilets at this time because they're trying to keep down the initial costs until they get through the first season. Walker told Rinner he would have to go through DEC when the time comes because there is no city water or sewer at the location which Rinner stated he is aware of. Walker also asked Rinner about water. Rinner said they will not be putting in water this season. Rinner said there will be an on-site caretaker all season. Bryson stated the CUP requires that the park be running within 6 months of issuance of the permit. He said Rinner needs to check his schedule and be sure it is correct. Rinner said the park would be running before the 6 months is up. He added he was before the commission now in order to get a "feel" for how the city would take this type of development. Walker asked when Rinner plans to start the project. Rinner stated he would begin constructing the roads as soon as the snow melts and the ground hardens. Rinner then thanked the commission for hearing him and again stressed his displeasure with the Overlay Ordinance. Walker asked Springer if administration has received any letters or phone calls regarding this project. Springer stated that to his knowledge no comments had been received. Bryson suggested he would support continuing this hearing to the next meeting in order to give the public more time to comment. Walker said since there has been no public comment he sees no reason to continue - he has no objection to continuing - he just doesn't feel it is necessary since the CUP is for a permitted use. pppG~Od[~D Kenai Planning and Zoning Commission Minutes -February 22, 1995 Page 6 Smalley asked Bryson if the lower 5 miles of the Kenai River is affected by 94-52. Bryson stated at this time, it is. Smalley stated he thought they had discussed ignoring the lower end and Bryson said it had not been discussed. Walker said very few things could be done with this property and he stated his support for the need to invest in tourism. At this time everyone went to the aerial photo on the wall to see the exact location of the property. Mahurin asked if the CUP can be reviewed later. Walker said conditions could be placed on the permit and the commission could review it at a later date to be sure the conditions have been met. Walker added he plans to go to the RV park and check it out this spring. Mahurin asked what P & Z's enforcement powers are. Walker said the CUP can be revoked or development can be stopped. Bryson stated he wants to see a 165' clearance maintained from the bluff. Rinner said the field where the circle will be is over 100' from the bluff, probably closer to 150'. VOTE Mahurin Yes Werner-Quade Yes Bryson Yes Walker Yes MOTION PASSED UNANIMOUSLY. 7. NEW BUSINESS a. Comprehensive Plan Review -Transportation & Implementation Land Use Plan Walker referred to the Land Use Plan, covered at the last meeting. He said he would like to see a paragraph added on enhanced development in the fire training grounds. Transportation Page 30: Walker stated the K-Beach intersection light has been installed. Bryson asked if the city has petitioned for any other lights. Smalley said Airport Way & Walker. Bryson said that Glpp~°i0d[~D Kenai Planning and Zoning Commission } Minutes -February 22, 1995 Page 7 proposal is probably in the state's development plan of the Spur Highway. Werner-Quade said the Tinker Lane and McCollum area needs something there with the schools there. Walker suggested a flashing school zone sign from 1/2 mile before the Junior High all the way past the High School; making it a 20 mph zone. There was some discussion about the over-pass and different kinds of crossing lights. The consensus was to request a 20 mph school zone. Page 31: Bryson mentioned the Marathon escape route -are there any planned upgrades? Walker said at this time there aren't any upgrades planned. He added Nikiski Chamber of Commerce has been trying to get funding for an upgrade for a long time. Werner-Quade brought up the last time the road was used and it was a disaster. Walker said it does need more than one lane, and the condition of the road was not good. Walker. stated he would like to see an addendum addressing the lighting situation on the Spur to Swires, asking the state for adequate lighting. Smalley said he thought there 12 to 14 sets planned. Walker again stressed his concern for good lighting, and suggested contacting the legislature for help requesting this lighting. City Facilities Walker stated the paragraph needs updated, we have more personnel working on the Streets. Page 32: Walker requested an update on the number of taxi cab companies in the city. Bryson asked if the sewer line maintenance road has been looked at for a pedestrian trail. Smalley said there has been lots of community requests to make this apedestrian/bike trail. He added we need to look at funding and watch the road for settling before anything is done. GlppGl@d[~[ ~ Kenai Planning and Zoning Commission Minutes -February 22, 1995 Page 8 Smalley said there would need to be a boardwalk across Beaver Creek. Walker inquired about getting a corps permit. Bryson said the Habitat Department of the state said, unofficially, it is a good idea. Walker stressed making the boardwalk small enough where vehicles could not use it. Walker said he thought the city should maintain the trail since we need to maintain the sewer line along there also. Werner-Quade stated the bike trail from the High School to town has deteriorated to the point it's impassible and it's badly missed. Walker asked Smalley if in the future gravel could be used rather than pavement for easier maintenance on the pedestrian/bike trails. Smalley agreed it would hold up better, and added he did not think the bike path in front of the high school was actually planned that way, it just happened. Walker stated that, as a commissioner, he felt disincluded in the state's highway plans. ~ He feels the city should have been more involved. Werner-Quade requested a paragraph be added concerning more bike paths. Page 33: Bryson referred to item "b", stating this is a Borough ordinance and Borough process. Walker said this could probably be deleted in the future. Bryson asked to delete half of "d" -traffic signals. Page 34: Werner-Quade stated item "d" seems vague -strip paving? Walker stressed this is a goal -but probably won't happen unless we have a good "boom." Page 35: Smalley said we no longer have three airlines carrying passengers - Southcentral Air is available for charters, but other than that they just do freight. He added enplanements at the airport have increased. Qp~G°,~rJ[~~i~ ~ Kenai Planning and Zoning Commission Minutes -February 22, 1995 Page 9 Walker asked if the Council has a goal to accommodate larger that 727 airplanes? Smalley said he thinks that is a goal, but we don't have the facilities needed at the airport for security or the facilities for unloading. Marine Transportation Page 36: Walker said eventually the city will need to look at dredging in the harbor. He added he would also like to see an enhanced smallboat harbor -similar to Homer. Walker stated he wanted to mention for the record: "Is anybody, other than myself, aware that the king salmon that are currently in the Kenai River are in fact not a natural indigenous species to the Kenai River, and were planted in this River. They are in fact from Washington." He said the report came out in the 1960's. He added the more this is mentioned, the more Fish & Game will have to back off on the "no-touchy" on king salmon. There was more discussion regarding dredging in the mouth of the river and some bluff erosion discussion. Bryson asked if the Council views the Marathon road as a collector road. Walker said he felt the concept is to go as far as the apex of the airport -and to eventually develop both sides of the road. Implementation Page 69: Mahurin said she would like to see something added regarding preserving the historical and cultural past/present, and thought maybe this was written before the TSH was developed. Walker concurred with Mahurin. Bryson suggested inviting the Old Town Committee for comments. Walker asked for Planning & Zoning Procedures and Social Cultural and Educational Facilities be scheduled for the next meeting. Mahurin asked for clarification of what the Planning & Zoning Procedures are, code? Walker said Section 9 of the Plan. ~ Kenai Planning and Zoning Commission Minutes -February 22, 1995 Page 10 Werner-Quads said it had been discussed to add a recreation section, are we still going to do it? Walker said he thinks staff is working on that and Parks & Rec. will be invited for comments. 8. OLD BUSINESS None 9. CODE ENFORCEMENT ITEMS None 10. REPORTS Walker noted there were no agendas for the Council meeting or the Borough meeting in the packet. Smalley asked about the car sales lot at the Katmai. Walker said he is under the impression it is not a prohibited use. Walker requested staff look into whether or not this is a perm fitted use. Smalley said there have been three Council meetings since P & Z last met. On February 1, there was discussion regarding the Overlay Ordinance. Smalley said Mr. Malanaphy was added to the Townsite Historic Board when Mr. Arness resigned. He said the city has been looking at the Challenger Program and has put in an application for it. Smalley said on February 8, a meeting was held concerning the ambulance fees. He stated most people supported a fee, the concern is how to set the fee. He added the idea is to help offset the cost of the use of the services, and equipment purchases. The Council is looking at implementing the fee schedule in April, if possible, and is looking at $100 - $325 per ride for the low end, up to $1500 for technical rescues (i.e. aircraft accidents, vehicle over bluff, multi-car accidents, etc.). The city will only bill Medicare and Medicaid, any other insurance companies will not be billed, the citizen would have to pay for the fee and get reimbursed from his/her insurance carrier. Smalley said at the February 15 meeting, money was transferred to pay for some OSHA inspection corrections. He said the city had a volunteer OSHA inspection, inviting an OSHA consultant to inspect the city facilities. He said if there would have been fines attached to the problems they found, it would have been approximately $404,000 worth ~ Kenai Planning and Zoning Commission Minutes -February 22, 1995 Page 11 of problems. Smalley stressed this is not saying the city is in bad shape. The upgrades were, for the most part, small items. He added that $21,000 will take care of most of the required repairs. Walker asked Smalley to address through the City Manager why the Public Works Department Head did not address these problems a few years ago when first requested to by the Council. He added if OSHA had come in to inspect before we had the OSHA consultant here, these fines could very well have been issued and had to be paid. Walker stressed his feelings about the City being in compliance with OSHA regulations. Smalley said the items identified by the consultant are being corrected and by correcting them, the City should be in compliance. Smalley said the Council has been assured the problems are being corrected. Walker stated it is disheartening to see industry having to comply with these issues, and government can sort of overlook the issues. Smalley suggested Walker speak with the City Manager to get a better idea of the issues involved with the OSHA consultant's ~ inspection. Smalley mentioned the annual lease rate -shore fishery tidelands was set at $300 for the permits issued on the north end of the road. Bryson reported there was a Borough Planning meeting on February 13. There was a petition to vacate two streets and associated easements adjacent to the Kasilof River. One roadway (Osborne Street) provided access to a gravel pad, closer to the lower bank on the river. In order to get to the benches on the gravel pad you had to trespass. This request for vacation was denied. The second road, St. Elias, was a road that ended in a culdesac, and was passed. Bryson said there was a lot of discussion regarding the mining problems in Cooper Landing. The recommendation was to give the property back to the State (they hold the mining rights) have them determine if the squatters facilities are required for mining, and enforce their own mining problems. He added there is not a good solution to this problem and the Borough Assembly will probably come up with some kind of short term or long term transfer of surface rights to some of the squatters. 11. PERSONS PRESENT NOT SCHEDULED None ~~'!~pG~°~i~ Kenai Planning and Zoning Commission Minutes -February 22, 1995 Page 12 12. INFORMATION ITEMS 1. Kenai Peninsula Borough draft Ordinance 94-52 Walker said it appears the Borough does not want the City of Kenai excluded from their overlay district. He said (referring to the City Attorney's comments in the packet) that the. city does not agree with them. Walker added he has spoken. with Council members and the Mayor and has been assured the city will continue to fight to stay out of this overlay district. Walker urged the commission to send letters to the Borough Assembly asking that Kenai be disincluded or that the entire piece of legislation be dropped. 2. Proposed Boat Dock for Greg Davis/Terry Gray - Beavercreek Stream Number 244-30-10010-2025 No discussion. i 3. Summary of Kenai River Activities by Federal and State Agencies and the Kenai Peninsula Borough No discussion. 13. COMMISSION COMMENTS AND QUESTIONS Werner-Quade reported on the seminar she attended in Anchorage sponsored by the Alaska Chapter of American Planning Association and the State Department of Community and Regional Affairs. She said there were some very good speakers at the seminar and it was well worth her while to attend. (She does have extra pamphlets on some of the topics for any commissioner interested.) Mahurin said she would like to have staff draw up something regarding having property surveyed before a home is put up in order to help alleviate the encroachment problem. Walker concurred with Mahurin's statement. There was discussion with the Building Official regarding this subject. Bryson said there was a Borough meeting last night where there was a motion to delete the City of Kenai from the Overlay Ordinance. It failed. Walker wanted it noted that the representatives on that body seem to support this ordinance even though the city does not. Walker stated his support for user fees regarding Amublance/EMS. He mentioned the ',i~„~ ~~ D ~ ~ '~~. ~° ,' Kenai Planning and Zoning Commission Minutes -February 22, 1995 Page 13 State of Alaska Library has enhanced their computer modem system. Walker also brought attention to the oil companies being levied fines and noted we are coming closer to a zero tolerance rule. 14. ADJOURNMENT Chairman Walker adjourned the meeting at 9:55 p.m. Respectfully submitted by ~_ ath Woo ord P.W. A in. Assistant Y wpGCr`~~D