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HomeMy WebLinkAbout1989-10-25 P&Z Minutes`~ KE NA 2 PLANN 2 NG ~ Z O N = NG COMM = S S = ON October 25, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. Sylvia Spearow, Planner, Kenai Peninsula Borough - Comprehensive Plans both City and Borough 4. PUBLIC HEARINGS a. Resolution PZ89-11 (Amended): Encroachment Permit for Lots 51&52, Block 1, Redoubt Terrace S/D - Integrity Surveys b. Resolution PZ89-16: Amend Kenai Municipal Zoning Code by Adding New Section - Recreation (R) Zone 5. APPROVAL OF MINUTES of September 27, 1989 6. OLD BUSINESS 7. NEW BUSINESS a. Home Occupation: Portion Gov't Lot 107, Sec. 34, T6N, R11W, S.M. (1312 Kiana) for Carlyle Design - James R. Carlyle b. Lease Applications: Former Dairy Queen Facility - Ischi and QBP, Inc. 8. PLANNING a. Comp Plan Team Reports b. Proposed Alaska Oil & Gas Lease Sales for 1994 c. Kenai River Public Boat Launch 9. REPORTS a. City Council b. Borough Planning c. City Administration 1 11. INFORMATION ITEMS a. City Council Agendas - October 4 & 11, 1989 b. KPB Planning Commission Agendas - October 9 & 23, 1989 b. APA Planning Magazine 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT 2 j KE NA = P LANN = NG ~ z O N = NG COMM = S S = O N October 25, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman 1. ROLL CALL All Commissioners Present Two Commission seats vacant 2. APPROVAL OF AGENDA Delete Borough Representative MOTION: Commissioner Brown moved approval of the amended agenda, seconded by Commission Glick VOTE: Motion passed with Unanimous Consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. Sylvia Spearow, Planner, Kenai Peninsula Borough - Comprehensive Plans both City and Borough Rescheduled for November 8th. 4. PUBLIC HEARINGS a. Resolution PZ89-11 (Amended): Encroachment Permit for Lots 51&52, Block 1, Redoubt Terrace S/D - Integrity Surveys Planning Specialist Loper explained that this had been postponed in order for a second survey to be done on Lot 50. The survey has been completed and the application returns. The staff comment sheet details all the encroachments the permit will clear. Vice Chairman Bryson opened the hearing for public comments. There were none. Commissioner Brown expressed questions about the concerns of Mr. Hamrick. Planning Specialist Loper answered that each concern listed in Mr. Hamrick's letter is numbered and answered in the staff comments. About the only thing we are able to do is show him through the survey that those buildings are not encroaching into his lot. KENAI PLANNING & ZONING COMMISSION October 25, 1989 Page 2 Commissioner Gilman asked about covenants. While we cannot govern them I would like to see them. MOTION: Commissioner Brown moved approval of PZ89-11, seconded by Commissioner Bannock. VOTE: Motion passed unanimously by roll call vote. Commissioner Glick asked if Mr. Hamrick has made any comments since the survey was completed. Planning Specialist Loper answered that he was on the slope and has not yet seen the results, however he will be informed. b. Resolution PZ89-16: Amend Kenai Municipal Zoning Code by Adding New Section -Recreation (R)Zone Vice Chairman Bryson opened the hearing to comments from the public. There were none. Commissioner Bannock stated that he had a problem with the size of the sign. Planning Specialist Loper explained that the entire section has been copied from the home occupation portion of the sign code. Any changes are welcome. Commissioner Bannock: I don't know that I could tell you a good limit, obviously we don't want a 10,000 sq. ft. sign, but I know that I have a problem with 4 sq.ft. Commissioner Brown: I think you need some type of restriction on signs because the recreation zone can easily border a residential zone, so if I'm living across the street from someone that wants to rezone it to recreation as long as he doesn't stick up an 8 x 10 sign out my front window. Commissioner Bannock: But on the other hand, these are home occupation rules and the recreation zone has to be at least one step more than a home occupation. Remember this is where we were talking about putting in our restaurant and club shop, even our boat rental place. A 4' square sign is great for Martha's sewing but for anything commercial it is too insignificant. Commissioner Brown: It was my understanding it was going to be a commercial-like establishment that would go in a residential area. Commissioner Bannock: One of the things we talked about in a recreation zone is the Kenai Golf Course. That sign is out of order then, its more than 4 sq.ft. The Commission discussed lighted signs. MOTION: Commissioner Brown moved for approval of PZ89-16, seconded by Commissioner Gilman. MOTION AMENDMENT: Commissioner Bannock moved to amend the motion by eliminating the section dealing with signs permitted in the recreation zone, seconded by Commissioner Gilman KENAI PLANNING & ZONING COMMISSION October 25, 1989 Page 3 Vice Chairman Bryson: Is it your intent to go back to a work session. VOTE AMENDMENT: Motion passes Commissioner Bannock - yes Commissioner Brown - no Commissioner Glick - yes Commissioner Gilman - yes Vice Chairman Bryson - yes Commissioner Brown: So now we have an amended motion that creates a recreation zone with signs that may be allowed with KMC 14.20.220. Discussion continued regarding the sign portion. MOTION: Commissioner Glick moved to postpone the entire resolution to the next meeting, seconded by Commissioner Gilman VOTE: Motion passed unanimously by roll call vote 5. APPROVAL OF MINUTES of September 27, 1989 MOTION: Commissioner Glick moved approval of the minutes as submitted, seconded by Commissioner Gilman VOTE: Motion passed with Unanimous Consent 6. OLD BUSINESS None 7. NEW BUSINESS a. Home Occupation: Portion Gov't Lot 107, Sec. 34, T6N, R11W, S.M. (1312 Kiana) for Carlyle Design - James R. Carlyle Mr. James Carlyle gave a detailed explanation of his business and stated that he felt the newspaper article made his business sound much larger than it actually is. Water is not used to a large extent and uses no more than a washer load of laundry. There is extra traffic in that we take the articles to the post office or the stores. There are no customers, its all wholesale. The business now uses about 80 of the floor area. At our production rate we sell as many as we produce but it's still a small scale. There are trucks that stop at the house and driving away. Commissioner Gilman: Did you mention a delivery van? Mr. Carlyle answered that it would be the same as if you ordered a piece of furniture and a truck came up and dropped it at your house. Commissioner Gilman: Is it 1 there for like 6 hours? Answer no, more like 5 minutes. The things we order look like a bag of cement. KENAI PLANNING & ZONING COMMISSION October 25, 1989 Page 4 Commissioner Brown asked if this was complaint driven? Answer no. Vice Chairman Bryson asked about the water & sewer fees. Planning Specialist Loper answered that the water & sewer fees are entirely separate from the zoning aspect. Commissioner Brown asked if it were a home occupation would he be charged a residential fee. Councilman Smalley answered that the bed & breakfasts that were approved fall under a higher water & sewer rate and would assume this would too. Commissioner Gilman: If we approve this application could you approve it on the basis of the finance department get a hold of the finance department later about the charges. Answer, the Finance Department is independent of any decision made by the Commission. MOTION: Commissioner Brown moved for approval of a home occupation permit for Mr. & Mrs. Carlyle, seconded by Commissioner Bannock VOTE: Motion passed unanimously by roll call vote b. Lease Applications: Former Dairy Queen Facility - Ischi and QBP, Inc. Vice Chairman Bryson called upon Administration for comments. Administrative Assistant Howard: There are two applications in your packet. The Ischi's brought in a proposal October 5th and we were expecting lease applications and I told Mrs. Ischi that she may need to fill out an actual lease application form. We took her good faith deposit and I gave her proposal to the legal department to determine whether or not she would need to do that. I hadn't received an answer by October 9th when QBP, Inc. submitted a formal lease application. I wrote a memo to the legal department asking them which would be a first come first served, and they said that providing that the Ischi's complete a formal lease application on a City form, theirs would be considered first. Kenai Municipal Code states that if the Planning & Zoning Commission finds "the application is complete and the use proposed is in the highest and best use for the City, and that it conforms to the Airport Master Plan and other goals set by the Commission and Council ..." Administration would like a recommendation from the Planning & Zoning Commission. to take to the Council meeting. Commissioner Bannock: How does the decision between these two companies have anything to do with the Planning & Zoning Commission. Administrative Assistant Howard: The leasing code says that any lease application will go before the Commission to see if it conforms, etc. Last May 3rd this was in front of the Council, as you saw in my memo, the Ischi's had submitted a bid and they protested a clause in the lease. The Council ended up not taking action on it. They could have either have gone out to bid again for another RFP, or took no action on it and lease it just as if it were raw land. They decided to follow procedures we use for raw land and that section of the leasing code. KENAI PLANNING & ZONING CONINIISSION October 25, 1989 Page 5 Commissioner Bannock: Right, but going through this, section D, where there are two or more applications for the same airport lands for different uses, then the ..." and I don't see any difference in the uses here and I really don't feel this is an issue Planning & Zoning should be involved in. This is a Council issue, trying to find out which business gets it leased for the exact same use. If it were different uses, yes. Where Planning & Zoning would come into this is if the company wanted to lease it and turn it into either a gas station or a golf course, but both want to turn it into a restaurant. So the only competition here is who is going to run it . I don' t think going with taco people versus the ice cream people is a different use. Commissioner Gilman: I was under the impression that Planning & Zoning just had to see that the first come first serve applicant does indeed fall within the code. Commissioner Bannock: That's for the legal department. Vice Chairman Bryson: The legal department has already made the recommendation on that and I guess ..... Commissioner Bannock: What is the different uses between the two organizations. The same uses, the taco people or the ice cream people. Vice Chairman Bryson: If there is a difference, we need to declare it, if there isn't .... Commissioner Bannock: If we decide there is no difference, what do we make a decision on, to make no decision. Vice Chairman Bryson: We could recommend a wide variety of things, we could recommend that it go out for competitive leases which is almost a full circle. Commissioner Bannock: Just a couple weeks ago, we had a situation relatively similar to this involving a lease situation at the airport terminal and that never came here. Planning Specialist Loper: It did go to the Airport Commission. Commissioner Bannock: I think its the exact same situation, if the City owns something and it's being leased out and more than one person wants to lease it, so what we're doing right now we should have done it for the airport bar then. Either we're doing some wrong then or we're doing something wrong now because they aren't being treated the same. When the airport concessions went for bid it didn't come here and when the Dairy Queen went for bid it didn't come here. Vice Chairman Bryson: Do you have an opinion of what they should have done. Commissioner Bannock: I have a very strong opinion. As Planning Zoning Commission we shouldn't make the decision between two parties that have the same goal. They don't want to turn it into something else, they both want to turn it into a restaurant, they both have the same use. KMC 21.10.060 is for uses, not for ownership. Vice Chairman Bryson: I don't disagree with your concern, though I think we need to focus in on several of the issues, one is whether or not the proposed issues are compatible with the zoning and the airport plan. Commissioner Bannock: That's not what they're asking we do tonight though. Aren't we to decide who should get the application for the former Dairy Queen facility? Vice Chairman Bryson: It has been given to us with some nebulous directions. Commissioner Bannock: Let's treat it as an issue of raw land. There's two people that want to do the same thing with this raw land: It's not KENAI PLANNING & ZONING COMMISSION October 25, 1989 Page 6 this body's decision to find out which of those two people get to do with that raw land what they want to do with it. Councilman Smalley: By the code it is. Commissioner Bannock: No. The code says use. It doesn't say we get to say who gets to use it, the code says we get to say how it is used. Commissioner Gilman read KMC 21.10.060 the second section. Does that mean that we are supposed to figure out the highest and best use. Commissioner Bannock: I disagree. In this case I think that applies to different uses not the same uses. Think about what planning & zoning is for. If someone wanted to turn that into a golf course, well that doesn't fit. It's already been determined that a restaurant fits on that corner. These people just want to turn it in to another restaurant. Commissioner Brown: I think if you have the opportunity to review the application when it comes back for renewal, just because it was a restaurant before shouldn't factor into deciding that it's the best use for it now. The lese application that's before us, you have to look at the first application since that's the legal opinion on a first come first served basis, the reason that we're looking at is to decide do we want to keep it as a restaurant. Commissioner Bannock: What are we supposed to decide tonight. Vice Chairman Bryson: This is before us somewhat by default because the Council did not take action on it. Administrative Assistant Howard: Not exactly on this, they haven't seen this application. Vice Chairman Bryson: On the first application? Councilman Smalley: We received a proposal. Administrative Assistant Howard: We received a bid last spring and it didn't work out. Now, I would like to see, at least of the two sections of the code I wrote in my memo, I would like to see this Commission find that the application is complete, if the applications are complete, and find out if the uses are of the highest and best uses, and it conforms to the master plan and other goals as set by the Commission and the Council. I can see where your opinion is that they aren't different uses. If you want to mention that to Council that would be fine. Commissioner Gilman: So we maybe we can make you happy if it turned out at the end of the evening that we found that both of these applications are complete and that they both are in the highest and best use. Commissioner Bannock: But I don't think that was the message. It looks to me like the City Council was asking for us to make the decision between QBT and Ischi. Administrative Assistant Howard: The Administration brought this before you, the Council hasn't seen it. We just followed the code. Vice Chairman Bryson asked if there were any objection to having the applicants speak for five minutes each? The Commission agreed. Mr. Hutchings: I think the proposal is a little bit different than an application and as far as a first come first served basis is ... my application, I didn't have any qualms about the lease, therefore, I think I should be in first place. KENAI PLANNING & ZONING COMMISSION October 25, 1989 Page 7 Commissioner Bannock: I don't have a problem with either one of your businesses, I love Dairy Queen and I love tacos. I just do not feel that this body should decide okay you get it or you don't and that's what I read into this. Val Ischi: My understanding tonight was that I was supposed to come because there were two lease agreements and that they were just going to approve whether both of us were within the zoning, to do what we want with it, then both of them, if they were both recommended and that we complied with the zoning would be sent on to Council and at that point it would be decided by the Council as to who would be awarded the lease. I think everything we proposed is in the lease agreement and I would be more than happy to answer any questions that you may have. We would just like to be considered by the Council to receive the lease. Commissioner Brown: I think Margaret had a good idea, that we shouldn't recommend both applications, if we see it that way, that both applications should fit the use according to the code and let the Council decide if it should be a Dairy Queen or tacos. The Commission doesn't have any problem with it being used for a restaurant. MOTION: Commissioner Brown moved to recommend to the City Council that both lease applications for the Dairy Queen facility, Ischi and QBP follows KMC 21.10.060, both applications meet the Kenai Municipal Code and that a restaurant is the highest and best use and conforms to the Airport Master Plan, seconded by Commissioner Glick. Commissioner Gilman: Does that motion state the Ischi's or do you mean the Dairy Queen. Commissioner Brown: I meant both. Commissioner Gilman: Does that motion also have in it that it that the applications are complete. Answer yes. Vice Chairman Bryson: We are declaring that both are complete and they are compatible with zoning and the master plan. Vice Chairman Bryson: I don't think we'd be out of line if the Planning Commission were to propose a method of determination, a bid situation or what. A method of competing leases .... unless you just want to shy away from it. Commissioner Bannock: I would like to shy away from it. Councilman Smalley: Back when I was on this body, we dealt with leases for land which were competing leases and this body was assigned the task of reviewing, listening to the applicants and making a choice between the two or three that evening and recommending that specific choice, even though they were the same uses to Council. Council doesn't have to chose the one the Commission had chosen. They also modify anything that the Commission sends on and often does. Vice Chairman Bryson: The one that comes to mind that came before us was the Ski-Mo and the Doyles and they were different uses. Commissioner Bannock: And I think that's the kind of thing the Planning & Zoning Commission should be doing. Councilman Smalley: I understand what you're saying and I agree, it's putting this body in a box. I think its unfair but I do think the Council, on this issue, wants a recommendation on these two. I'm happy with what you sent to them. Vice Chairman Bryson: If the KENAI PLANNING & ZONING COMMISSION October 25, 1989 Page 8 VOTE: determination is the date of application then its easy enough for Administration to determine the appropriate lease. Commissioner Gilman: I don't think its the position of the Commission tc do that. I don't think the Council should ask us for a recommendation, that's why they're there. Motion passed unanimously by roll call vote 8. PLANNING a. Comp Plan Team Reports Since there are two members that are no longer on the Commission, the committees are in need of new team assignments. The proposed new member was asked to participate and agreed to take the assignment issued to Mr. Walker. Commissioner Glick asked to work on the Kenai River team, approved by Vice Chairman Bryson. Mr. Ed Garnett, representing the Airport Commission spoke before the Commission regarding any development plans the Commission may have for the Plan. The Commission set a work session for November 15th specifically for the Plan and invited Mr. Garnett and any of the other Commissions that were interested to attend. The Commission cancelled the meeting of November 22, 1989. b. Proposed Alaska Oil & Gas Lease Sales for 1994 No comments. c. Kenai River Public Boat Launch This item is to update the Commission on the progress of the project and Councilman Smalley and the Commission discussed it at some length. The Commission voiced strong support of the project and urged the Council to continue with the project and further, when it is appropriate that a plan for development of the area be drafted and return to the Commission_ 9. REPORTS a. City Council Councilman Smalley reported on Council items of interest to the Commission from two previous Council meetings. b. Borough Planning Vice Chairman Bryson reported on another request to apply the noxious, injurious, hazardous ordinance applied to the operation of a dog kennel and an application for a land use permit on the bluff on K-Beach Rd. KENAI PLANNING & ZONING COMMISSION October 25, 1989 Page 9 c. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. City Council Agendas - October 4 & 11, 1989 b. KPB Planning Commission Agendas - October 9 & 23, 1989 c. APA Planning Magazine 12. COMMISSION COMMENTS & QUESTIONS Councilman Smalley discussed the current situation concerning street lights and recommended review of the list of recommended locations for street lights that was drafted with the Laidlaw Bus company a couple years ago. Along with the list was a map and it should be available from Public Works. The Co~nission requested a copy of the list for review. The Commission agreed to put the issue into the Comprehensive Plan under the utilities section. 1 13. ADJOURNMENT There being no further business, the meeting was adjourned into a work session. Janet A. Loper Secretary KENAI PLANNING & ZONING COMMISSION i ! J. Roll 'N~ ~~ ~ ,e C a 11 (~r ~ QI~ ~~~1f / .Chairman p a t ,,~T~l t __ Vice Chair • .~ ` 'Phil Br son , .. ~ ~ Duane Bannock -- . ~~ "~~ Carl Glick \ Margaret ' .Council Rep. I Hal Smalley ~ .\ DATE : ~(~ ~~~~F'' ~.-~~~' ~~= ~t~~ I A~ fgV 1 Y ,\I~f TO DO