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HomeMy WebLinkAbout2000-08-13 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS SEPTEMBER 13, 2000 - 7:00 P.M. VICE-CHAIR PHIL BRYSON PRESIDING MINUTES ITEM 1: CALL TO ORDER Vice Chair Phil Bryson called the meeting to order at 7:00 p.m. 1-a. Roll Call Members Present: Phil Bryson, Ron Goecke, Barb Nord, Donald Erwin, Mike Morse, Amy Jackman Members Absent: Carl Glick Others Present: Councilman Duane Bannock, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper 1-b. Agenda Approval MOTION: Commissioner Goecke MOVED for approval of the agenda and requested UNANIMOUS CONSENT. Motion SECONDED by Commissioner Morse. There were no objections. SO ORDERED. 1-c. Approval of Minutes: August 23, 2000 MOTION: Commissioner Erwin MOVED for approval of the August 23, 2000 minutes and requested UNANIMOUS CONSENT. Motion was SECONDED by Commissioner Jackman. There were no objections. SO ORDERED. 1-d. Consent Agenda -None ITEM 2: SCHEDULED PUBLIC COMMENT -- None ITEM 3: CONSIDERATION OF PLATS 3-a. PZ00-33-Preliminary Plat-McCollum Subdivision-Submitted by Integrity Surveys, bOS Swires Drive, Kenai, Alaska. Kebschull reported the request was to remove a lot line between lots and the surveyor was available to answer any questions. Kebschull also noted the subtitle requirement PLANNING & ZONING COMMISSION MEETING SEPTEMBER 13, 2000 PAGE 2 should be removed from staff recommendations as the title is as listed. Kebschull pointed out there is a structure on 399 McCollum Drive and there was concern of a possible encroachment and clarification was required. PUBLIC COMMENT Cliff Baker, Integrity Survey's, Kenai, Alaska -- Baker provided the Commission with an as-built survey that addressed the encroachment concern. Baker stated, with the way the property was now situated there was no encroachment, however, a full dedication of the 33-fact right-of--way on Magic Avenue would create one. As a result, Baker requested to change the dedication to 30 feet, which would still retain the full width right-of--way and would Leave the property with a 2S.7-foot offset from the right- of-way with no encroachment. Kebschull asked if the as-built took into consideration the new construction. Baker replied that it did. Kebschull noted this was a unique situation because of three right- of-ways that require three front setbacks and as long as the 2S-foot setback is maintained, then it would satisfy Administration's concern. Kebschull was provided with an as-built and noted the building official would clarify the encroachment when inspecting the structure. Baker reiterated his request to reduce the original proposal of 33-foot dedication to 30-feet that would assure no encroachment. MOTION: Commissioner Goecke MOVED for approval of PZ00-33 and Commissianer Morse SECONDED the motion. AMENDMENT TO MOTION: Commissioner Jackman MOVED to amend the main Motion to recommend the proposed 33-foot dedication be reduced to a 30-feet. Motion was SECONDED by Commissioner Nord. VOTE ON AMENDED MOTION: Goecke Yes Nord Yes Morse Yes Jackman Yes Erwin Yes B son Yes Glick Absent MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: PLANNING & ZONING COMMISSION MEETING SEPTEMBER 13, 2000 PAGE 3 Nord Yes Morse Yes Jackman Yes Erwin Yes Goecke Yes B son Yes Glick Absent MOTION PASSED UNANIMOUSLY. ITEM 4: PUBLIC HEARINGS 4a. PZOO-31-A resolution of the Planning & Zoning Commission recommending the Kenai Municipal Code at KMC 12.25.030(c~ be amended to allow vehicles otherwise meeting the definition of ~~Junk Vehicles" to be obscured from public view. Kebschull explained a substitute resolution was included in the packet which would change the term "obscured" to "screened" and requested the Commission to determine which term they would like to recommend to Council. Kebschull added, the term change would allow an individual to maintain a vehicle on their property so long as it is not visible to neighbors. Kebschull continued, the issue was discussed with the City Attorney and all the ordinance would do would codify what the City already does. At this time the City does not get a search warrant to enter a property. If the City can view something from a rigklt-of--way or an easement, photographs are taken and if it does not satisfy the code requirement then it is pursued, however, if it can't be seen from pubic property that it is a junked vehicle, then it is not pursued. Kebschull noted there are many vehicles that are considered junked, including snowplows that are not registered. Public Hearing Michael Christian, 613 Maple Drive, Kenai, Alaska -Christian asked if the underlined words were new in the proposed resolution. Kebschull confirmed that was correct. Christian asked if the terms "obscured" and "screened" would allow a vehicle in the front of the house or driveway to be covered with a tarp. Kebschull replied it could be. Christian stated his concern that property value could be affected if someone is allowed to cover numerous vehicles in their yard with tarps. Christian added, he wouldn't like to see this included into the code, as it would weaken it. Christian continued, the City has always had a problem with junked vehicles and since the 60's there were events to clean up the City and junked vehicles were number one on the list. Christian added, he hated to see a law that has been worked on and has been necessary since the beginning of the City's history be weakened with such difficult terms as "screened' or "obscured." Christian stated he didn't think those terms were specific enough and they needed to be more carefully defined. Christian added, he wouldn't have a problem if the vehicles were confined to the backyard or fenced, but the way the resolution read, the front yard was acceptable. Christian requested the Commission reconsider the wording a bit more carefully and make it stronger. PLANNING $s ZONING COMMISSION MEETING SEPTEMBER 13, 2000 PAGE 4 Ms. Riley, Box 432, Kenai, Alaska -Riley stated the issue bothered her and she was in opposition of Christian. Riley asked if down the road the Planning and Zoning Commission would decide if short people, tall people, fat people, skinny people, ugly people, would not be allowed in Kenai. Riley asked where the City would draw the line and reiterated that she was opposed to the whale thing. For clarification, Bryson asked Riley whether she was opposed to both the resolution and the substitute. Riley replied, "yes." Public Hearing Closed MOTION; Commissioner Goecke MOVED to recommend approval of PZ00-31. Commissioner Jackman SECONDED the motion. Commissioner Goecke stated he didn't think changing the ordinance or allowing individuals to cover their vehicles with tarps was the proper way to ga. Goecke didn't think there was any reason for the resolution and he would vote no. Vice-Chairman Bryson stated there had been mixed success with the current ordinance and was partially the result of social pressure as to what is tasteful and what is not. Bryson thought the change would eliminate the constraint of an item of what is tasteful by allowing it to be covered. Bryson stated he would vote against the resolution. Commissioner Jackman stated she had a problem with any junked vehicle being stored even in a backyard with a fence and thought they shouldn't be allowed nor do they have a place within the city limits. Jackman added, the tarp issue would be more of an eyesore than a junked vehicle. Jackman asked if the proposed resolution was complaint driven. Kebschull replied that it was. Jackman continued, since there was already something on the books that addressed junked vehicles, she was unclear as to why the issue was being addressed and the problem was not being handled. Jackman asked why people were not being cited, why the vehicles weren't being towed away, and why the City had to have the resolution when there was already something that should take care of the problem. Kebschull answered, the city was trying to work with the public without going into court. Kebschull noted the city already had a history with junked-vehicle court cases and the outcomes were not in the city's favor. Kebschull reiterated that basically the city already did what the ordinance said; if something is obscured or covered then the city will not go on the property. What the resolution would do is codify the current procedure. Kebschull assumed that if the resolution did not pass, the city would just continue with the current procedure. Kebschull stated she had been doing some research of other cities that have code enforcement officers and they do go out and cite the people and tow the vehicles. However, PLANNING & ZONING COMMISSION MEETING SEPTEMBER 13, 2000 PAGE 5 the City of Kenai did not have the staff or the means to do that. Kebschull added, this has been a large problem and the city is just not staffed to deal with it, so the city tries to work with the people. Another problem is there isn't a real place for people to take their junked vehicles nor do they have the capability or the funds to get rid of them. Kebschull reported the Public Works Manager was currently trying to develop a program for the spring to provide an option to people to get rid of junked vehicles. Kebschull added, the Public Works Manager visited the Mat-Su area to determine how they handled their program. The program was very successful but also very expensive and required a lot of participation from many agencies. Jackman referenced the citations and the towing and thought that if this had been done steadily all along it wouldn't be such and expense right now. Jackman stated that if the city dealt with this throughout the year rather than bringing the issue up once per year, or every two or three years, it wouldn't be such an expenditure. Jackman stated she would personally like to see the code mare strictly enforced and would vote against the resolution. Bryson Hated that a situation closest to his house had been there for 27 years and the city hadn't been able to get compliance even though court determinations have been made, Commissioner Erwin expressed concern that even if the code wasn't being enforced, the fact remained the regulation was still some means that could be used. Erwin stated he was against removing any regulation the city currently had and felt the resolution asked far proliferation of the front yard and he's wasn't in agreement with it. Commissioner Nord stated she would vote against the resolution and added, as much as she wanted to maintain the rights of private property owners, she didn't want to see three or four tarped vehicles in a yard. Councilman Bannock added, as a paint of clarification to the registration of vehicles, the Kenai Municipal Code had an entire list of things that determined, by definition, what makes a car qualify as a junked vehicle and it would take two or three of those items listed. Bannock stated an unregistered vehicle in itself would not make it a junked vehicle and there was a test which would determine a junked vehicle, i.e. one or more wheels being off of it, an inoperable engine, safety equipment requirements, etc. Bannock continued, any one of the items listed alone could not qualify a car as a junked vehicle. Bannock stated his opinion was that the definitions were very good and the laws were very adequate, but empathized in Administration's poor success rate in making any of it work. Commissioner Morse reported he had visitors from out of state this summer and they flew into Kenai Airport and noticed the "All-America City" sign. Morse said they spent the next day driving around the area and they wanted to know why Kenai was so full of junk. Morse noted, that doesn't leave a good impression of the City. VOTE: PLANNING & ZONING COMMISSION MEETING SEPTEMBER 13, 2000 PAGE 6 Nord No Morse No Jackman No Erwin Na Goecke No B son No Glick Absent MOTION FAILED. 4b. PZOO-32-A resolution of the Planning and Zoning Commission recommending the Kenai Municipal Code at KMC 13.20.080 be amended to include prohibiting the operation of motor vehicles on the vegetated areas of a portion of the south shore of the Kenai River and Cook Inlet. (Maps depicting the affected area are available at City Hall.) Kebschull explained, the resolution recommended a modification to KMC 13.20.080 to include prohibiting the operation of motor vehicles on the vegetated area on the south side of the Kenai River. Kebschull stated, currently the code limited vehicles on the north side but not the south and because of increased activity on that side, the city wanted to protect the vegetated areas. Public Hearing Open There were no public comments. Public Hearing Closed MOTION: Commissioner Nord MOVED to approved PZ00-32. Commissioner Erwin SECONDED the motion. Commissioner Nord asked if a parking area was available and whether or not the resolution was a result of dip netters driving on the vegetation. Kebschull replied, that was what drew attention to the problem. Commissioner Goecke stated the area had a fair amount of parking available along the beach and he thought that the resolution would prevent the ATV's from tearing up the vegetated area. Bryson noted the area was quite large and it would be difficult to contain, however, he was in favor of the resolution. Jackman asked how the ordinance would be enforced. Kebschull answered, she asked the same question and currently the city had summer officers who have access to a four-wheel vehicle. Jackman asked if those enforcing the regulation would drive on the vegetated areas. Kebschull replied that hadn't been discussed but noted that anyone driving into the area would have to come out at some point. Bryson added, that would be a judgment call by the enforcement personnel. PLANNING & ZONING COMMISSION MEETING SEPTEMBER I3, 2000 PAGE 7 Bannock explained the ordinance was introduced at the last council meeting and no comments were made. However, it was suggested by a council member, that perhaps the city should create some infrastructure on the south side to include barriers, etc., rather than place a law an the books that had no chance of being enforced. Commissioner Goecke didn't think the city should spend any money to put a road in through a wetland area and have it washed out by the high tides experienced each year. Goecke thought that once a few people are caught and fined, the word would get out and that would stop the driving on the vegetated areas. Commissioner Nord noted the last sentence in Attachment A was incorrect and should read, "...operate in the prohibited area if necessary for public safety purposes." Commissioner Erwin thought that enforcing the rules may be difficult but the area needed to be protected and would vote in favor. Bryson asked if the city considered placing facilities down there to accommodate the public with regard to sanitation. Bannock replied that it had been considered but it was not possible for maintenance vehicles to get in there to maintain the facilities. Goecke stated the matter had been discussed before and asked why the city should bear the brunt of the State's responsibility. Goecke didn't think the city owed the State anything for that side of the river. VOTE: Morse Yes Jackman Yes Erwin Yes Goecke Yes Nord Yes B son Yes Glick Absent MOTION PASSED UNANIMOUSLY. Bannock again noted a public hearing on the ordinance was scheduled far Wednesday, September 20~. ITEM 5: OLD BUSINESS -- None ITEM 6: NEW BUSINESS -- None ITEM 7: PENDING ITEMS -- None ITEM 8: CODE ENFORCEMENT -- None ITEM 9: REPORTS 9-a. City Council -Councilman Bannock gave a brief report on the City Council meeting held on September 6, 2000. He also noted, he presented an idea to Council PLANNING & ZONING COMMISSION MEETING SEPTEMBER 13, 2000 PAGE 8 about bringing back to Planning and Zoning the issue of landscape/site plan reviews. Council had no objection. Bannock explained it was his opinion that a lot of the site plan review work that has no positive action associated with it could be handled by Administration. Bannock stated the code currently states any work requiring a building permit, which is any work over $10,000, requires alandscape/site plan review. Bannock stated he brought to the attention of Council the two most recent cases which were interior remodel jobs that had no impact on the landscape or site plan yet code required the applicant to go through the steps as if there were landscape or site plan changes. Bannock thought the issues could have been handled more expediently by Administration and the building permit signed off and on its way. Bannock continued, there were many cases where it should come to Planning and Zoning as there are questions such as where the snow would be stored, where would grass be planted, etc. Bannock continued, there is an increasing number of items that come before Planning and Zoning that have no comments or recommendations that could have just as easily been handled by Administration. Bannock requested comments from the Commission and noted that if they felt they were giving up some control and are not comfortable with it to please state so. Bannock reiterated that there are many simple cases that can be handled administratively. Jackman asked what constituted an easy case and wha would determine such. Bannock answered, he had this conversation with the City Manager and they agree the cases would be those that have no changes to the landscape/site plan or absolutely no impact. Jackman asked about specific guidelines. Bannock gave an example as last year Council relinquished a little bit of control to Administration involving encroachments. Bannock pointed out Council was not willing to give up an inch of variances without going to Planning and Zoning but they gave up and inch of encroachment. Bannock stated he looked at this in the exact same terms and was very comfortable with Administration's ability to handle it. Bryson stated he was always comfortable with some of the items being administrative determinations and he wished to have more use of the consent agenda on the minor items. If the Commission wanted to be ratified of the minor items the consent agenda is where that could take place. Goecke asked how everyone, the Commission, Administration and Council, would feel if interior work was not required to come before Planning and Zoning, noting exterior work would need to be brought before Planning and Zoning. Bannock answered, Planning and Zoning should see any work that would substantially change the existing landscaping/site plan. Bryson agreed entirely and stated he felt it's so easy to spend $20,000 on siding, arctic entries, construction of a porch, etc., which should be tied to the footprint of the building rather than the dollar value. Gaecke asked if the city engineer and the building official would make the determination or decision on whether or not the issue needed to come before the Planning and Zoning Commission, Kebschull explained, what triggered a PLANNING 8~ ZONING COMMISSION MEETING SEPTEMBER 13, 2000 PAGE 9 landscape/site plan is someone applying for a building permit in a commercial/industrial zone. Kebschull corrected Councilman Bannock that the last code change made the dollar value $20,000. Bannock concurred. Kebschull continued, in the last yearly report the Commission reviewed 12 landscape/site plans and of all of those, only one had a recommendation from the Commission and that one being the gas station being required to plant grass. Kebschull added, when landscape/site plans come to the Commission they have already been reviewed for the criteria in the Code, parking, snow removal, drainage, etc., and the Code only requires up to a maximum of five percent landscaping with no criteria as to what that is. Kebschull noted that she was not comfortable with the code as it is with the landscaping criteria but the site plan portion is what could be done administratively. Kebschull continued without any proper landscape criteria as it difficult to handle and recently the city had been recommending dumpster enclosures for aesthetic purposes. Kebschull drew attention to the two most recent situations in the industrial areas where both had no landscaping plans and the way the code read, the city had no control to require it. Kebschull stated that personally she felt the code needed to be rewritten in that section and generally could be administratively approved unless they wouldn't fit the specific criteria listed. Bryson clarified, the applicants from the gas station proposed to pave the right-of--way and utilize it for parking and he requested they consider planting grass instead. Kebschull noted, the current procedure held up building permits and could hold them up for as much as three weeks depending on the meeting schedule and that is the problem especially when they come to the Commission and are just rubber stamped. Jackman asked how many individuals currently look at an application. Kebschull answered the building official says it has to be done and he determines the parking requirements. The city engineer determines the drainage and snow removal areas then the setbacks are based an the building code requirements. Bannock stated this doesn't exist right now and it could be anything the Commission wanted and he suggested utilizing the planning official, city engineer and building official and any one of the three could require that it come before Planning and Zoning. Kebschull stated, that the streetscape should be considered with emphasis on what the city wants people to see when they visit so perhaps landscaping should be a requirement. Bannock stated he would bring the matter to council at their September 20 meeting. 9-b. Borough Planning -- Bryson gave a brief report an the Borough Planning Commission meeting held on August 2$, 2000. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 13, 2000 PAGE 10 9-e. Administration -Kebschull reported the council would be asked to approve a purchase order for the addition of a water and sewer layer to the current GIS system. Once the information is updated staff, would be able to zoom into a water or sewer line any place in the city and determine when it was put in and get drawings of any location. The same company who developed the GIS system will do the water and sewer line layer. Kebschull stated the city also has a new laptop that will be brought to future meetings so if there are questions about certain areas they can be easily reviewed. Kebschull stated the RFP for the comprehensive plan is almost ready and it is possible the Commission would do an initial review at their first meeting in November. Those recommendatians would go to council and once that is complete, it will go out for bid. It is anticipated to be a 12 to 18-month project, Kebschull stated she would recommend a strategic planning method where specific goals are listed and plans on how those goals will be met provided. Kebschull stated one Commission member will be asked to be an the review team. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11: INFORMATION ITEMS 11-a. Updated Kenai City Council Roster 11-b. Letter to Surveyors from KPB regarding notification of affected property owners for plat review dated August 17, 2000. Bryson gave comment on the letter to surveyors. 11-c. KPB Notice of Plat Committee Action -August 28, 2000 ITEM 12: COMMISSION COMMENTS & QUESTIONS Commissioner Goecke thanked the Commission for the well wishes and the card while he was in the hospital and during his recovery. Bryson stated it was nice to have Goecke back. ITEM 13: MOTION: ADJOURNMENT Commissioner Jackman MOVED to adjourn. There were no objections. SO ORDERED. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 13, 2000 PAGE 11 Meeting adjourned at 8:27 p.m. Minutes transcribed and prepared by: Barbara Roper, o tract Secretary