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Home My WebLink About2008-09-10 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS September 10, 2008 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences - Phil Bryson *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 Qrders. 2, *APPROVAL OF MINUTES: a. *August 27, 2008 3. SCHEDULED PUBLIC COMMENT; (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ08-50 -Day Subdivision -Mulholland Addition - A re-subdivision of Lot 2, 3, and 5 Day Subdivision. Plat submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. 5, PUBLIC HEARINGS: a. PZO$~49 - An application for a Conditional Use Permit for a professional office for the property known as Lot 2, Block 4, Central Heights Subdivision (211 Portlock Street), Kenai, Alaska. Application submitted by Madigan, LLC, 37100 Edgewood Drive, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. PZ06-65 -Review of Conditional Use Permit for Cabin Rentals fox the property known as Lot 6, Block 1, Pelch Subdivision Part 1 (350 Ames Road}, Kenai, Alaska. Discussion - Approval Permanent Status. b. Holiday Meeting Schedule -Discussion. $. PENDING ITEMS: a. PZ07-25 -Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. Agenda September 10, 2008 9. REPORTS: a. City Council b. Borough Planning c. Admi#~istration 14. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Notice of Absence -Commissioner Bryson b. "Zoning Bulletin" -August 10 & 25, 2008 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: Page 2 J CITY OF KENAI ' PLANNING & ZONING COMMISSION • SEPTEMBER 10, 2008 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:02 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: K. Koester, S. Rornain, R. We11s, J. Twait, K. Rogers, J. Brookman Commissioners absent: P. Bryson (Excused) Others present: City Planner M. Kebschull, Council Member R. Ross A quorum was present. l 1-b. Agenda Approval Commissioner We11s noted the following changes: ADD: 5-a. Email from Patrick Malone Email from Jody Svec 9-c. 2010 Capital Improvements Program MOTION: Carnmissioner Wells MOVED to approve the agenda with the above--mentioned lay down items and Commissioner Brookxnan SECONDED the motion. There were no objections. ~SO ORDERED. 1-c. Consent Agenda MOTION: Cornmissiorler Romain MOVED to approve the consent agenda and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. 1-d. Excused Absences + Phil Bryson Approved by consent agenda. *A11 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. ITEM 2: *APPROVAL OF MINUTES -- August 27, 2008 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT --- None ITEM 4: CONSIDERATION OF PLATS 4-a. PZ08-50 -Day Subdivision -- Mulholland Addition -- A re-subdivision of Lot 2, 3, and 5 Day Subdivision. Plat submitted by Whitford Surveying, P.O. Bow 4032, Soldotna, Alaska. Kebschull reviewed the staff report included in the packet, noting the re-subdivision would put the shed and proposed greenhouse in compliance with the code. Twait reviewed the rules of public hearing and opened the floor to public hearing. There being no comments, the public hearing was closed. VOTE: Koester YES Romain YES We11s YES Tvvait ~ YES B son EXCUSED Ro ers YES Brookman YES MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5-a. PZ08-49 - An application far a Conditional Use Permit for a professional office for the property known as Lot 2, Block 4, Central Heights Subdivision (211 Portlock Street), Kenai, Alaska. Application submitted by Madigan, LLC, 371.00 Edgewood Drive, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting, because the owners would not occupy the house, a conditional use permit was required and stated the Commission had to find the following items to be true: • The use would be consistent with the purpose and intent of the zoning district. • ~ The value of the adjoining property and neighborhood would not be significantly impaired. 1 PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 10, 2008 PAGE 2 • The proposed use would be in harmony with the Comprehensive Plan. • ~ Public services and facilities were adequate to serve the proposed use. • The proposed use would not be harmful to the public safety, health or welfare. • Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions should be met by the applicant. Twait opened the meeting to public hearing. Richard Aber, 205 Portlock -- Spoke against the permit, noting concern with noise and property values. Debbie Adamson, 209 Portlaek -- Spoke against the permit, noting the public notice sign was small and hard to see from the street, and concerned about children in the area. Susan Fore, 213 Portlock -- Spoke against the permit, noting she had been told the house would become an insurance or real estate office and the entire front yard would be paved. Patty Adams, 210 Portlock -- Spoke against the permit, noting she wanted the area to remain residences only. Laurie Bookey, 115 Walker Lane -- Spoke against the permit, noting concern for the children in the area. Layla Mitchell, 208 Portlock -- Spoke against the permit, noting she had heard rumors the use of the house had something to do with McDonalds and she did o.ot want a business in a residential area. Dena Cunningham, Owner of McDonalds, Buyer of 211 Portlock -- Spoke in favor of the permit, noting there would be no more than two people in the office; there would be no mail service or parcel delivery; they would not pave the gravel driveway; they would fix the water damaged area in the back; they would replace the roof and perhaps replace the windows; and, they had no further plans for the house. Cheryl Samples, 302 Sterling Court -- Spoke against the permit, noting she did not want a business in a residential area. Kellie Kelso, 117 Walker Lane -- Spoke against the permit, noting concern with decreased property values. Sheryl Main, 207 Walker Lane -- Spoke against the permit, noting the streets were narrow without curbs and sidewalks, there were many children in the area, and she had concern with the building being empty at night. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 10, 2008 PAGE 3 1 Kay Aber, 205 Portlock -- Spoke against the permit, noting concern with a business within a residential zone. There being no further comments, the public hearing was closed. MOTION: Commissioner Romain MOVED to approve PZ08-49 with staff recommendations one and two. Commissioner Koester SECONDED the motion. Commissianer comments included: • ~ Residential zoning allowed businesses to operate from a home. • Businesses and homes could coexist within a neighborhood. • Concern with rumors regarding paving, expansion, etc. • The City would enforce code violations. Appreciation of the residents' desire to keep the area residential. • A one-year timefrarne for the permit was suggested with the permit reevaluated~(at the end of the year) with a public hearing. • Want the home maintained as a residence, including cutting the grass, snow removal, planting flowers, etc. MOTION TO AMEND: Commissioner Romain MOVED to add the following conditions: • The conditional use permit would be for one year, with a reevaluation at that time. • The house would be maintained as a residential home including yard and home maintenance year round. Commissianer Wells SECONDED the motion. VOTE ON THE AMENDMENT: Koester YES Romain YES Wells YES Twait ~ YES B son EXCUSED Ro ers YES Brookman YES MOTION PASSED UNANIMOUSLY. VOTE ON THE MOTION AS AMENDED: Koester YES Romain YES Wells YES 'wait YES B son EXCUSED Ro ers ~ YES Brookman YES MOTION PASSED UNANIMOUSLY. J PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 10, 2008 PAGE 4 Twait read the procedure for the 15-day appeals process. ITEM 6: OLD BUSINESS -- None ITEM 7: NEW BUSINESS 7-a. PZ06-65 -Discussion -- Approval Permanent Status. Review of Conditional Use Permit for Cabin Rentals for the property known as Lot 5, Block 1, Pelch Subdivision Part 1 (350 Ames Road), Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting the permit had been used for one year and recommended approval. MOTION: Commissioner Romain MOVED to approve PZ05-55 and Commissioner Braokman SECONDED the motion. VOTE: Koester YES Romain YES We11s YES Twait YES B son EXCUSED Ra ers YES Brookman. YES MOTION PASSED UNANIMOUSLY, 7-b. Discussion -- Holiday Meeting Schedule. Kebschull reviewed the memorandum included in the packet. MOTION: Commissioner Wells MOVED to request the cancellation of the second meetings in November and December 2008 to the City Clerk. Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. ITEM S: PENDING ITEMS 8-a. PZ07~25 -Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. ITEM 9: REPORTS 9-a. City Council -- Ross reviewed the action agenda items (included in the packet) of the September 3, 2008 council meeting. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 10, 2008 PAGE 5 J 9-b. Borough Planning -- None. 9-c. Administration --- Kebschull reviewed the 2010 Capital Improvement List provided at the beginning of the meeting; noted a council work session scheduled far September 17, 2008, at 5:00 p.m., to formulate the FY 10 Capital Improvement Project list; postponed the Commission work session regarding cell towers to October 8, 2008; and noted she would not be at the September 24, 2008 meeting. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11: INFORMATION ITEMS 11-a. Notice of Absence -- Commissioner Bryson 11-b. "Zoning Bulletin." -August 10 8~ 25, 2008 ITEM 12: COMMISSION COMMENT & UESTIONS Commissioner We11s noted he would miss the next two meetings due to travel. ITEM 13: ADJOURNMENT MOTION: Commissioner Romain MOVED to adjourn and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:15 p.m. Meeting summary prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 10, 2008 PAGE 6