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HomeMy WebLinkAbout1986-02-12 P&Z Minutes~~ KENAT PLANNING & ZONTNG COMMTS5TON February 12, 1986 - 7:00 p.m. Kenai City Hall Lee Lewis, Chairman AGENDA 1. ROLL CA!! 2. APPROVA! OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARTNGS 5. APPROVAL OF MINUTES of January iS, 1985 6. OLD BUSINESS ~ a. Expiration of Conditional Use Permit for Day Care/Montessori School -Candace Sheeran b. Preliminary Plat PZ85-8G: Gusty SID ~4 - Revised 7. NE4V BUSINESS a. Application for Home Occupation: Cantractural Accounting Services Unit D-1, Deepwaod Manor Condos - Michelle O'Connor b. Resolution PZ86-4: Naming Certain Existing Streets c. Resolution PZ86-S: Approving Planning & Zoning Budget far FY86/87 d. Preliminary Plat PZ86-6: Kenai Peninsula Estates Part III Add. I 8. PLANNING a. Revised Townhouse/Zero Lot line prdinanee 9. REPORTS a. City Council b. Borough Planning c. City Administration ~~ PLANNING COMMI55IQN - Agenda February 12, 1986 Page 2 10. PER5ONS PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS Council Agenda Borough Planning Agenda New Borough Planning Director - Kevin Fenner 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT CITY 4F KENAI „a~ e~~~ ~ ~~~ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 MEMORANDUM TO: Kenai Advisory Planning & Zoning Colrunission FROM: Janet Loper, Planning Secretary SUBJECT: Minutes of February 12, 1986 DATE: February Zl, 1986 Building Inspector Howard Hackney and I reviewed the tr:aterial and tapes concerning the conditional use permit for Candace Sheeran and found that the discussion cancerning this permit Centered around day cares and home occupations. Where Collnrtissioner Bryson asks about "this type of operation" it is assumed Commissioner Bryson meant day cares/schools where Mr. Hackney assumed home occupation. Mr. Hackney requests that discussion concerning compatibility of day cares with building permits be struck. Apologies far the confusion. '~ KENAI PLANNING & ZONING COMMISSION February 12, 1986 - 7:00 p.m. Kenai City Nall Lee Lewis, Chairman 1. ROLL CALL Present: Lewis, Bryson, Oleson, Osborne, Smalley, Zubeck Absent: Carignan, excused 2. APPROVAL DF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS ~ None 5. APPROVAL OF MINUTES of January 15, 1965 Minutes approved as submitted 6. DLD BUSINESS a. Expiration of Conditional Use Permit for~Day Care/Montessori School -Candace Sheeran Ms. Sheeran not in attendance. Commissioner Bryson asked if any complaints had been received, answer no. Commissioner Smalley noted that the memo included statements by the building inspector concerning violations of the Uniform Building Code and asked if the City would be liable for allowing the school to continue, answer probably yes. Commissioner Smalley asked the nature of the violation, answer the certificate of occupancy was issue for residential use. Commissioner Bryson asked how many homes are under the same violation, Howard Hackney answered that all are in violation of the building code. htiYl'~ p CCu~a~.iUY~J MOTION: Commissioner Bryson moved approval of the extension for one year contingent upon staff comment and approval of fire authorities, seconded by Commissioner Osborne ~ PLANNING COMMISSION Minutes February 12, 1986 Page 2 Commissioner Bryson asked what impact the motion would have on the establishment, Howard Hackney answered that he has not inspected the building and would not know, this falls under the auspices of the fire department. NOTE: Candace Sheeran entered Chairman Lewis stated that at the time of the extension a year ago, Ms. Sheeran indicated that the permit was to be temporary, that she was in the process of moving. Ms. Sheeran stated that she does want to move to a new location Which would allow more children, however, she has never had more than 10 kids at the present location since she opened. Ms. Sheeran wishes to reach 30 kids similar to the Care Center, however, funding has been a problem. Ms. Sheeran further stated that she had indeed been looking for another site, perhaps -. .. ... along the highway which would be more conducive to drop-ins as it would have a higher visibility than the present location. MOTION AMENDMENT: Commissioner Bryson, with consent of second, asked to strike comments - - regarding staff comments, i Chairman Lewis asked for Commissioner Bryson's reasons. Commissioner Bryson explained that if Ms. Sheeran has some situation that she has to work out with the state regarding funding, it would be inappro- priate for the Commission to interject into it. voTE: Motion passed unanimously Commissioner Bryson stated that presumably, if none of the this type ~/ ~~ of operation conform to the building code, how many others are in the same situation, answer from Howard Hackney at least 2, one in Old ~ Towne and the Children s Center. Commissioner Bryson asked under what ~a2GZ~-L-L situation Howard would inspect a premises, answer he would not, the State Fire Marshall does this. A building permit would be issued if the structure were changed, but again, the fire marshall would have to approve the changes. b. Preliminary Plat PZBS-84: Gusty S/D #4 - Revised Administrative Assistant Gerstlauer explained that this plat returns after recommendations from Councilman Wise to realign Coral Street at the same time as the property platting. Delete the reference on the staff comments regarding plat to return. ~'~, MOTION: Commissioner Bryson moved to bring the resolution from the table, seconded by Commissioner Osborne PLANNING COMMISSION Minutes February 12, 1986 Page 3 VOTE: Motion passed unanimously The main motion approving the resolution is now before the Commission. Commissioner Bryson called for the question acknowledging the revised staff report. VDTE MAIN MDTION: hiotian passed unanimously 7. NEW BUSINESS a. Application far Nome Occupation: Contractural Accounting Services Unit D-1 Dee woad Manor Condos - Michelle O'Connor Michelle O'Connor came forward stating that she currently operates an accounting business using micro computors in the basement of her residence. In application for judiciary bonding permit, she found she needed permission to operate from the City. Ms. O'Connor stated that she contacted Planning Specialist Loper finding that she meets all criteria for a home occupation. There will be no signs and only one person employed. Ms. O'Connor stated that she felt she would only need the permit for one year before she outgrows the basement facility. At the request of Planning Specialist Loper, Ms. O'Connor researched the homeowners association policy and found no restrictions regarding a business in the facility, however, the association has not yet reached a quorum and is aware that this may change should the quorum be reached. Commissioner Smalley asked if a filing fee was involved, answer from Planning Specialist Loper no. Commissioner Smalley Hated staff comments regarding the 6 month review. Ms. O'Connor stated that she does not anticipate expansion for about one year. MOTION: Commissioner Smalley moved approval of home occupation at location described to Michelle O'Connor for a period of one .year., and if at any time during that one .year if there are any complaints it be reviewed at that time, seconded by Commissioner Bryson Chairman Lewis asked for clarification on review. Commissioner Smalley felt that he would like to make it for two years, and answered stated that the review be done by staff and further asked that if there were complaints what would be the .procedure. Planning Specialist Loper answered that staff would review the complaint, prepare supporting material and return it to the Commission who could than revoke it. Commissioner Smalley asked at what point could the ~ Commission revoke it, at the time of Commission review or at the end of two years. Howard Hackney answered that he was not sure. Planning Specialist Loper answered that there was no provision in the code for revokatian of home occupations. Commissioner Bryson stated that he PLANNING COMMISSION Minutes February 12, 1986 Page 4 VOTE: felt the only adverse affects this particular home occupation could have would be an IBM hum. Commissioner Smalley desired to let. the motion remain for one year. Motion passed unanimously b. Resolution PZ86-4: Naming Certain Existing Streets Planning Specialist Loper explained that this resolution does not rename any streets, but rather is a document to assist the Borough in their effort to match the base map or official street name map to what exists in the City. Commissioner Bryson asked that research be done to determine where the designator East originated from (refers to East Aliak) MOTION: Commissioner Smalley mooed approval of PZ86-4, seconded by Commissioner Osborne. VOTE: Motion passed unanimously c. Resolution PZ86-5: Approving Planninq_& Zoning Budget far FY86/87 The Commission and Planning Specialist Loper discussed the line items. The Commission was made aware-that the Lands budget was shared by the Planning budget under 3eff Labahn. This will no longer be the case, the Planning budget will stand alone. MOTION: Commissioner Osborne moved approval of PZ86-5, seconded by Commissioner Smalley VOTE: Motion passed unanimously d. Preliminary Plat PZSb~6: Kenai Peninsula Estates Part III Add T Planning Specialist Loper explained that the two lots in question were under one ownership and was allowed to be constructed over the lot line. The owner now wants to sell off lot 10, therefore the cleanest method of achieving this is to .plat around the existing structures and well, leaving an adequate setback. MOTION: } Commissioner Smalley moved approval of PZ86-6 with addition of staff comments, specifically the inclusion of correction of street names., seconded by Commissioner Osborne. i ~1 PLANNING COMMISSION Minutes February l2, 1986 Page 5 VOTE: Motion passed unanimously 8. PLANNING a. Revised Townhouse/zero Lot Line Ordinance After review by staff, it was found that inclusion of zero lot line concepts into the townhouse ordinance would be unenforcable the way it now reads. Commissioner Carignan had asked that the Commission look at the Comprehensive Plan draft and request that verbage be added that would reference townhouses and zero lot line development as the zoning code specifically mentions these types of development be in conform- ance to the Plan. It was the cancensus of the Commission to schedule a work session prior to the next meeting for both the townhouse ordinance revisions and review of the comprehensive plan. Council is invited to attend. 9. REPORTS a. Cif Council Councilman Wise not an attendance. Agenda included in the packet. b. Borough Planning Commissioner Bryson gave a report an Borough activities c, Gity Administration Administrative Assistant Gerstlauer referred to the material handed out this date which is a draft ordinance proposed by Councilwoman Bailie concerning a site plan review by this body. The Commission had granted approval of an extension an construction for Fisherman's Packing for one year. Council did not approve it and it returns to Fisherman's Packing. A portion of the golf course is going to be replotted into residential lots. The area to be replotted is the 200' buffer strip along Lawton Dr. Administrative Assistant Gerstlauer is in the process of getting the land released and will be working a trade agreement with lands of equal value. Administrative Assistant Gerstlauer asked the Commission for suggestions for lands which could be dedicated for pork use and would be appropriate. All lots wall not be platted as water & sewer does not run the entire length from Tinker to Swires. There will be a total of 24 parcels received from tax foreclosures. These will be coming to the Commission. ~ PLANNING COMMISSION Minutes February 12, 1986 Page 6 NOTE: Councilman Wise arrived. Administrative Assistant Gerstlauer informed the Commission that Don Aase's sale was approved. This releases the lots for sale to Mr. Aase, however, under the agreement Mr. Aase will have to come before the Commission for approval of site plans. Howard Hackney asked for some ideas from the Commission regarding the zoning code section 14.63 which refers to alley ways between commercial & industrial zones and residential zones. The Commission concurred that the word buffer would be clearer. Howard Hackney asked about the setbacks along highways such as the 150' setback along the Spur. Councilman Wise and Administrative Assistant Gerstlauer referred to federal Public Land Orders which sets out what lands they want set aside far road expansions. Administrative Assistant Gerstlauer will research and find documentation to support these setbacks. Howard Hackney. asked then why can the Commission grant variances for construction of buildings within those setbacks, Councilman Wise agreed that this was a very good question in that should the plo be enforced, people are going to start lasing portions of their buildings. Commissioner Bryson stated that one would presume that landowners would have title searches done which would turn up these things. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None li. INFORMATION ITEMS Council Agenda Borough Planning Agenda New Borough Planning Director - Kevin Fenner 12. COMMISSION COMMENTS & QUESTIONS Commissioner Smalley asked if Administration would feasibility of creatin from clearing land and development. Perhaps a g some type of safeguard to not developing. An example bond could be attached. look into the prevent developers is the Fred Meyer Commissioner Smalley asked about the variance denied by the Commission far the setback on Sprucewood Glen. The question being., the Commission denied the variance because footings were already in place, the Council then granted the variance which is against the zoning, code, question is can the Council do that? Councilman Wise referred the matter to the City Attorney. PLANNING COMMISSION Minutes February i2, 1986 Page 7 Councilman Wise referred to the same draft site plan as discussed previously. Commissioner Bryson stated that his personal opinion is that the Commission not get involved in it. It is not something that would be desirable far the Commissian to have a meeting every week which is what this would be leading to. Commissioner Bryson further requested Administration ascertain from Anchorage, how much time elapses from the time of application to the day flf approval of the site review. It appears that a review process could take up to 6 months. 13. ADJOURNMENT There being no further business, the meeting was adjourned at 8:35PM. Janet A. Loper Planning 5_pecialist PLANNING & ZONING COMMISSION 8 Call ~/ ~~, ~~ ~~////// Chairman •Lee Lewis I \ -Phil Bryson ~ 1 I ~ ~ ~` ~~ Richard Carrignen Bob Oleson ~ ' ~l// ~/ Ozzie Osborne ~ ~' Hal Smalley ~ ~ ~ ~~ Bill Zubek - \ TO DO ~P~,~1~ ~~Ld~Ia~CJ ~Y'~ ~e~ 3 ,elli~o D~~•c',~- ~c l~liY.lhJ