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HomeMy WebLinkAbout1999-04-14 P&Z MinutesCITY OF KENAI ~ PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS Apri114,1999 - 7:00 p.m. http://www.ci.kenai.ak.us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: March 24, 1999 d. Consent Agenda *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 Orders. 2. SCHEDULED PUBLIC COMMENT: 3. CONSIDERATION OF PLATS: a. PZ99-10--Beaver Creek Lookout 4. PUBLIC HEARINGS: a. PZ99-08--Variance Permit (Oversize Sign)--for the property described as Lot 3, Block 1, Gusty Subdivision (11504 Kenai Spur Highway), Kenai, Alaska. Application submitted by Michael Lott, Little Ski-Mo Burger-N-Brew, P.O. Box 1432, Kenai, Alaska. b. PZ99-11--Variance Permit (Minimum Lot Size)--for the property described as Portion of Government Lot 5 (New plat filed--Lot 1, Beaver Creek Lookout), 911 Ames Road, Kenai, Alaska. Application submitted by Harris N. (Nick) Miller, 911 Ames Road, Kenai, Alaska. c. PZ99-12--Conditional Use Permit (Welding & Metal Framing business)-- for the property described as Portion of Government Lot 5 (New plat filed--Lot 1, Beaver Creek Lookout), 911 Ames Road, Kenai, Alaska. Application submitted by Harris N. (Nick) Miller, 911 Ames Road, Kenai, Alaska. 5. NEW BUSINESS: a: *PZ99-09--Home Occupation Permit (Daycare)--for the property described as Lot 4, Amend Subdivision, 308 Haller Street, Kenai, Alaska. Application submitted by Kathy Rust, 308 Haller Street, Kenai, Alaska. 6. OLD BUSINESS: a. Ordinance No. 1817-99 (Substitute) and Ordinance 1818-99 (Substitute)--Administrative exemptions for encroachments and setbacks--Discussion 7. CODE ENFORCEMENT: 8. REPORTS: a. City Council Planning & Zoning Commission Page 2 Agenda April 14, 1999 b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: a. "Zoning Bulletin" Volume 47--March 10 & March 25, 1999 b. "Planners Casebook" - "Fiscal Impact Analysis in Local Comprehensive Planning" 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: REGULAR MEETING OF THE CITY OF KENAI PLANNING 8a ZONING COMMISSION APRIL 14, 1999 - 7:00 P.M. KENAI CITY HALL CHAIRMAN CARL GLICK, PRESIDING 1. CALL TO ORDER Chairman Glick called the meeting to order at 7:00 p.m. a. Roll Call Members Present: Ron Goecke, Donald Erwin, Carl Glick, Phil Bryson, Barb Nord Members Absent: Robert Newbry Also Present: Councilman Duane Bannock, Administrative Assistant Marilyn Kebschull, Contract Secretary Victoria Askin b. Agenda Approval MOTION: GOECKE MOVED TO APPROVE THE AGENDA WITH LETTERS OF SUPPORT DISTRIBUTED PRIOR TO THIS MEETING AND ASKED FOR UNANIMOUS CONSENT. ERWIN SECONDED. AGENDA WAS UNANIMOUSLY APPROVED AS AMENDED. c. Approval of Minutes: March 24, 1999 MOTION: BRYSON MOVED TO APPROVE THE MINUTES OF THE MEETING OF MARCH 24, 1999 AND ASKED FOR UNANIMOUS CONSENT. GOECKE SECONDED. MINUTES WERE UNANIMOUSLY APPROVED AS WRITTEN. d. Consent Agenda - PZ99-09 -Home Occupation Permit (Daycare) for the property described as Lot 4, Amend Subdivision, 308 Haller Street, Kenai, Alaska. Application submitted by Kathy Rust, 308 Haller Street, Kenai, Alaska. PLANNING & ZONING COMMISSION MEETING MINUTES APRIL 14, 1999 PAGE 1 MOTION: ~) NORD MOVED TO APPROVE THE CONSENT AGENDA AND ASKED FOR UNANIMOUS CONSENT. BRYSON SECONDED. Nord also noted for the record Kathy Rust had been a client of hers in the past and asked for a ruling regarding her voting on the matter. Glick asked if Nord was currently involved in a business transaction with the applicant. Nord answered no. Glick stated no conflict of interest had occurred and was Nord was granted right to vote on the matter. VOTE: There were no objections to the request for Unanimous Consent. SO ORDERED. 2. SCHEDULED PUBLIC COMMENT -None 3. CONSIDERATION OF PLATS Bryson suggested moving Consideration of Plats to after Public Hearings because two of the requests in Public Hearings would be affected by the Consideration of Plats. Commission unanimously agreed to wait until Public Hearings were completed. 4. PUBLIC HEARINGS a. PZ99-08 -Variance Permit (Oversize Sign) -for the property described as Lot 3, Block 1, Gusty Subdivision (11504 Kenai Spur Highway), Kenai, Alaska. Application submitted by Michael Lott, Little Ski-Mo Burger-N-Brew, P. O. Box 1432, Kenai, Alaska. MOTION: GOECKE MOVED FOR APPROVAL OF PZ99-08. NORD SECONDED. Public Hearing -There were no public comments. Discussion Bryson asked Administration if the sign proposed would be the same as the previous sign. Kebschull answered it was the same, PLANNING & ZONING COMMISSION MEETING MINUTES APRIL 14, 1999 PAGE 2 only a newer version. She added they had replaced a part of the ~) sign which was within size restrictions. The reader board required the variance. Nord asked for a ruling regarding her voting because Michael and Natasha Lott had been clients in the past. Glick ruled, because Nord was not currently involved in a business dealing with the applicants, there was no conflict of interest. Goecke stated the sign was close to his place of business and he felt it was without bounds and would vote in favor of the variance. VOTE: Nord Yes Erwin Yes Goecke Yes Bryson Yes Glick Yes MOTION PASSED UNANIMOUSLY. b. PZ99-11 -Variance Permit (Minimum Lot Size) -for the property described as Portion of Government Lot 5 (New plat filed - Lot 1, Beaver Creek Lookout), 911 Ames Road, Kenai, Alaska. Application submitted by Harris N. (Nick) Miller, 91 Ames Road, Kenai, Alaska. MOTION: GOECKE MOVED FOR RECOMMENDATION OF PZ99-11 - VARIANCE PERMIT (Minimum Lot Size). BRYSON SECONDED. Public Hearin Nick Miller, 911 Ames, Kenai, Alaska. Mr. Miller identified himself as the applicant for the Variance Permit and stated he was in the process of obtaining a loan through AHFC to build a home on the lot in question. Another structure was currently on the property and AHFC required it to be vacant. Separating the portion with the structure makes it too small to legally meet water and sewer requirements. Glick asked Miller how many square feet would be left where the shop was to be located. Miller stated he wasn't sure but had given the City the back part of his property for a road right-of--way in 1985. He stated he believed the total of the two lots was about 1.364 acres. PLANNING & ZONING COMMISSION MEETING MINUTES APRIL 14, 1999 PAGE 3 Bryson asked if he was proposing to create a lot such that Lot 1 and Lot 2 would be attached as far as transfer of title. Miller stated the intention was to be able to sell them as one unit to avoid two substandard lots that would require further permitting in the future. Bryson asked Miller if it was his intention to require a note on the plat. Miller answered his understanding was that would happen and if there ever was a sale, the lots would be together. Bill Bryant, 925 Ames, Kenai, Alaska. Bryant stated he lived adjacent to the Miller property and would like to see the permit approved. Discussion Glick asked for Administration comments. Kebschull asked the motion reflect Administration's recommendation to place a note on the plat requiring the lots maintain single ownership. MOTION: BRYSON MOVED FOR AN AMENDMENT TO HIS ORIGINAL MOTION REQUIRING A NOTE BE ATTACHED TO THE PLAT STATING THE LOTS MAINTAIN SINGLE OWNERSHIP AND TRANSFERRED AS ONE PROPERTY. ERWIN SECONDED. Bryson asked it be noted in the record he was currently working with the Kenai Peninsula Borough and Miller was providing materials to a contractor also working on the same project. Bryson added, while he felt there was no conflict of interest, it was an ongoing situation. Glick clarified there was no tie between Bryson and Miller and neither were working for the other. Bryson stated one item had been purchased from Miller. Glick ruled there was not a conflict. VOTE ON THE AMENDMENT: Erwin Yes Goecke Yes Bryson Yes Nord Yes Glick Yes MOTION PASSED UNANIMOUSLY. Glick reopened discussion on the original motion. Seeing none, the vote was taken. PLANNING & ZONING COMMISSION MEETING MINUTES APRIL 14, 1999 PAGE 4 VOTE ON THE AMENDED MAIN MOTION: Nord Yes Erwin Yes Goecke Yes Bryson Yes Glick Yes MOTION PASSED UNANIMOUSLY. c. P299-12 -Conditional Use Permit (Welding 8G Welding business) -for the property described as Portion of Government Lot 5 (New plat files -Lot 1, Beaver Creek Lookout), 911 Ames Road, Kenai, Alaska. Application submitted by Harris N. (Nick) Miller, 911 Ames Road, Kenai, Alaska. MOTION: ERWIN MOVED FOR APPROVAL OF PZ99-12 -CONDITIONAL USE PERMIT. GOECKE SECONDED. Glick noted three different letters had been received from three neighbors in support of approval of the Conditional Use and Variance Permits. Public Hearin Nick Miller, 911 Ames Road, Kenai, Alaska. Miller stated he was present to answer any questions and brought some pictures showing his property. He stated he was at the end of a dead end road. A 31-acre gravel pit, owned by Foster Construction, was adjacent to the property. He took pictures both from and toward the property. There were no signs on the property and no advertising was anticipated. He stated he was retired from another job and this was something he likes to do. He had no intention of expanding the business and had no regular employees. Erwin asked Miller if the lots went further back between two houses. Miller answered affirmatively and added, there was a lot of room between the two houses. One of the houses could barely be seen. Goecke asked Miller about an application some time ago that was denied because the land use table did not allow for this type of business and if that was the reason it was denied. Miller answered, there were circumstances that probably should have been addressed at that time but he didn't feel it necessary to bring up those issues now. PLANNING 8s ZONING COMMISSION MEETING MINUTES APRIL 14, 1999 PAGE 5 ~ Bill Bryant, 925 Ames Road, Kenai, Alaska. Bryant stated he is a neighbor of Miller and supported approval of the permit. Discussion Kebschull reported she reviewed the minutes and three present members were on the Commission at the time of the permit in question had originally been denied. The minutes alluded to the land use table. She added, the City had never, to her knowledge, received a complaint about the business there and had only received positive comments from neighbors notified. She further noted, for the Commission's information, in addition to the mail and paper notifications, signs had been posted. She added, she had received no additional comments. Bryson asked Administration if the Conditional Use Permit could transfer with the property. Kebschull answered it could be transferred upon request of the individual wanting it transferred if they agreed to operate under the same conditions set forth in the permit. If they deviate from those conditions in any way, a new permit application would be required. Kebschull added, a request to transfer would be required to have the Commission's approval. VOTE: Goecke Yes Bryson Yes Nord Yes Erwin Yes Glick Yes MOTION PASSED UNANIMOUSLY. 5. CONSIDERATION OF PLATS a. PZ99-10 -Beaver Creek Lookout Bryson suggested moving Consideration of Plats to after Public Hearings because two of the requests in Public Hearings would be affected by the Consideration of Plats. Commission unanimously agreed to wait until Public Hearings were completed. MOTION: BRYSON MOVED TO APPROVE PZ99-10 -BEAVER CREEK LOOKOUT. GOECKE SECONDED. PLANNING 8v ZONING COMMISSION MEETING MINUTES APRIL 14, 1999 PAGE 6 ~~ Discussion Administration noted the street name was incorrect and would be bringing that to the attention of the Borough and surveyor before it is finalized. VOTE: Bryson Yes Nord Yes Erwin Yes Goecke Yes Glick Yes MOTION PASSED UNANIMOUSLY. Councilman Bannock suggested that since the consideration had passed, the Commission might want to direct Administration to go back to the Conditional Use Permit and change the legal description because the description would probably change. Kebschull noted this was a problem that happens often; the City now files everything by street address because there are constant changes then the parcel number catches up. 5. NEW BUSINESS -Considered under Consent Agenda. 6. OLD BUSINESS a. Discussion -- Ordinance No. 1817-99 (Substitute) and Ordinance 1818-99 (Substitute) -Administrative exemptions for encroachments and setbacks. Bannock related the City Attorney had drafted the new ordinance regarding encroachment permits based on the Commission's recommendations. The ordinance was slated for public hearing at the 4/21/99 council meeting. The Commission unanimously agreed they were satisfied with the wording and thanked Bannock for letting them review the ordinance. 7. CODE ENFORCEMENT -None 8. REPORTS a. City Council Councilman Bannock directed the Commission to the Agenda of the Council meeting of March 31, 1999. PLANNING & ZONING COMMISSION MEETING MINUTES APRIL 14, 1999 PAGE 7 1. Item B-1, Charles K. Cranston -Kenai Peninsula Youth Court. The Council voted to donate $450 for travel to the National Youth Court Conference in Anchorage. 2. Items C-1 and C-2, Resolution No. 99-15 -Transferring $32,000 in the airport Land System Special Revenue Fund for Repairs at the Flight Service Station and Resolution No. 99-16 -Awarding the bid to Blazy Construction for the Kenai Automated Flight Service Station - HVAC Replacement for the Total Amount of $107,939.20. Both passed. 3. Item C-3, Resolution No. 99-17 -Awarding the bid to Emmett Koelsch Coaches, Inc. for a Senior Center ADA-Accessible Activity Vehicle for the Senior Center for the total amount of $44,724.00 -passed. 4. Items H5 and H6, Ordinance No. 1817-99 and 1818-99, amendments to Encroachments just reviewed by the Commission -passed. 5. H7, Ordinance 1819-99 -Finding lands recently acquired by the City located on Sport Lake Road were not required for a public purpose -passed. 6. H8, Ordinance No. 1820-99 -Increasing Estimated Revenues and Appropriations by $114,000 for the South Spruce Street Parking Project was removed from the consent agenda. Bannock explained, permits were currently held for this project and hold a twofold purpose; to help with traffic and parking and provide a place for expansion of the sewer treatment plant when required. He added, council was concerned the city may be spending money to "cater" to the dipnet fishery. Bannock noted, the city had the permits and considering the process to obtain those permits again, he didn't feel it was worth waiting to make the improvements. He added, the ordinance was slated for public hearing at the 4/ 21 / 99 council meeting. 7. H11, Consent to Assignment of Lease from Kenai Airport Fuel Service, Inc. to Yukon Fuel Company, Inc. was approved. 8. H 12, Set Budget Work Sessions. Bannock stated, it was probably more important this year than any other year for as many people to be involved in the budget process as possible. He announced April 26, May 3 and May 17 as dates set for budget work sessions to begin at 6:00 each evening in Council Chambers. Bannock also reminded everyone of the Volunteer Appreciation Reception scheduled for April 20 at the Kenai Visitors Center. Bannock also reported, the Legislature was slated to adjourn on May 19 and emphasized it was very uncertain what impact their actions would have on the city's proposed draft budget. PLANNING & ZONING COMMISSION MEETING MINUTES APRIL 14, 1999 PAGE 8 9. H 13, Kenai Little League Request for Use of FAA Mobile Home- type building. Bannock explained, the FAA had included the building on their disposal list and had offered it to the City of Kenai in exchange for removing it about one year ago. The Building Official's recommendation was not to accept the offer and have FAA dispose of the building. FAA then offered it to Kenai Little League with the same consideration. Little League came to the Council asking to have the building moved to the Little League fields for their use. Bannock noted, while Council strongly supports Little League, they respectfully declined the offer because of the repairs and work that would need to be made to make the building viable. Goecke asked Bannock for an explanation of why the Council approved a $450 donation for travel for the Youth Court but refused to reimburse Planning and Zoning members for travel when they attend training sessions. Bannock stated he didn't consider the travel part of the donation, but rather looked at the summary of cases the Youth Court had conducted and a spreadsheet of the number of community service hours that had taken place, to the benefit of the City of Kenai. b. Borough Planning Bryson reported there was a plat meeting April 12, 1999. He reviewed actions taken: 1. The Consent Agenda was approved. 2. C-la-c, Time Extension Requests were approved. 3. There were no public comment items. 4. E1 and Fl, Ordinance 99-17: Authorizing the Borough's Acquisition of Land off the North Fork Road in Anchor Point and Proposed Classification of Borough Land in the Homer. area as heavy industrial. Bryson explained this involved a parcel of land in Anchor Point recently denied a heavy industrial permit. The applicant located a parcel in the Homer area and requested the Borough trade the 40 acres in the Homer area for his 20 acres in Anchor Point. The two parcels had about the same value. Both were approved and would go to the Borough Assembly for public review and approval. 5. Fla, Proposed Street Naming/Re-Naming. 2a, Johnson Avenue to be re-named Oehler Road was postponed pending additional information because of evidence the road was built in the wrong place. 6. F2b, Unnamed Private Road to be named Full Curl Road - approved. PLANNING 8v ZONING COMMISSION MEETING MINUTES APRIL 14, 1999 PAGE 9 ~~ 7. F2c, Gillas Street and Unnamed Ingress-Egress Easement to be re-named Alpine Meadow Drive -approved. 8. F-3, Ordinance 99-19 -Approving the Long-Term Lease of Trails Adjacent to Skyview High School to Tsalteshi Trail Association was approved. 9. G1, approved vacation of a 10' easement in Stanley's Meadow subdivision. 10. H 1, Plat Waiver Applications 11. H 1 a, Donald Lee Ledger was approved. 12. H lb, Ruth L. Johnson, was approved 13. H 1 c, Bill D. Thompson, Ciechanski Road was rescheduled for public hearing. 14. Nine plat waiver requests before the committee -all were approved. 15. Ten Prior Existing Use permits submitted by the Seldovia Native Association. Nine were approved. One was recommended by staff to be denied. If they want to pursue the tenth one, they would have to go through current requirements. c. Administration Kebschull reported today two bid openings and pre-bids on the Challenger Learning Center and Multi-Use Facility were held at City Hall today. She reported the apparent low bidder on the South Spruce Parking Area was Foster Construction at $93,466 which was below previous estimates. The site work for the Multi- Use Facility had not been tallied by engineering. However, based on quotes presented in the bid opening, the apparent low bidder was Jackson Construction at X353,538. She noted, this was also well below the engineer's estimate. 9. PERSONS PRESENT NOT SCHEDULED -None 10. INFORMATION ITEMS a. "Zoning Bulletin" Volume 47 -March 10 and 25, 1999 b. "Planners Casebook" - "Fiscal Impact Analysis in Local Comprehensive Planning" 11. COMMISSIONERS' COMMENTS / UESTIONS PLANNING 8ti ZONING COMMISSION MEETING MINUTES APRIL 14, 1999 PAGE 10 12. ADJOURNMENT GOECKE MOVED TO ADJOURN. MEETING ADJOURNED ?:50 P.M. Res~e tfully submitted, ... ~ ~ ~~~~~ ictoria Askin Contract Secretary PLANNING & ZONING COMMISSION MEETING MINUTES APRIL 14, 1999 PAGE 11