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HomeMy WebLinkAbout1999-06-23 P&Z MinutesCITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS June 23,1999 - 7:00 p.m. http://www. ci.kenai. ak.us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: June 9, 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. PZ99-25--Preliminary Plat--Redoubt Terrace Subdivision, Bluff View 4. PUBLIC HEARINGS: a. PZ99-24--Conditional Use Permit -Greenhouse, Gift Shop & Coffee Shop for the property described as Government Lot 111, 202 North Forest Drive, Kenai, Alaska. Application submitted by Porter & Susan Jordan, 8950 Greenbelt, Anchorage, AK 99502. 5. NEW BUSINESS: 6. OLD BUSINESS: 7. CODE ENFORCEMENT: 8. REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: a. "Zoning Bulletin" -May 25, 1999 b. City of Kenai 1998 Annual CLG Report c. Ordinance No. 1817-99 ~ d. Ordinance No. 1818-99 Planning & Zoning Commission Agenda 11. COMMISSION COMMENTS & QUESTIONS: Page 2 June 23, 1999 12. ADJOURNMENT: CITY OF KENAI PLANNING 8a ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS June 23, 1999 - 7:00 p.m. http: / /www.ci.kenai.ak.us 1. CALL TO ORDER Chairman Glick called the meeting to order at 7:00 p.m. a. Roll Call Members Present: Carl Glick, Phil Bryson, Ron Goecke, Barb Nord, Donald Erwin, Robert Newbry Others Present: Councilman Duane Bannock, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper b. Agenda Approval: GOECKE MOVED TO APPROVE THE AGENDA, INCLUDING THE HANDOUTS PROVIDED BEFORE THE MEETING AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY ERWIN. AGENDA WAS APPROVED AS PRESENTED. c. Approval of Minutes -June 9, 1999 BRYSON MOVED TO APPROVE THE MINUTES OF JUNE 9, 1999. GOECKE SECONDED THE MOTION AND ASKED FOR UNANIMOUS CONSENT. THE MINUTES WERE APPROVED AS WRITTEN. d. Consent Agenda - No Consent Agenda items. 2. SCHEDULED PUBLIC COMMENT: None 3. CONSIDERATION OF PLATS: a. PZ99-25 -Preliminary Plat -Redoubt Terrace Subdivision, Bluff View BRYSON MOVED TO APPROVE PZ99-25 PER STAFF RECOMMENDATIONS. MOTION SECONDED BY GOECKE. Nord indicated that she would abstain from voting on PZ99-25. Planning & Zoning Commission June 23, 1999 Page 1 Kebschull brought attention to the letter from DeWayne and Diane Craig which provided clarification of the construction of the dwelling. Kebschull noted the Craig's were informed of the State statute stating the surveyor would be required to certify the construction. The City would not do the certification without an engineer's report or the building official seeing it first hand. No discussion. VOTE BRYSON YES ERWIN YES GOECKE YES NORD ABSTAIN NEWBRY YES GLICK YES Motion passed. 4. PUBLIC HEARINGS: a. P299-24 -Conditional Use Permit -Greenhouse, Gift Shop and Coffee Shop for the property described as Government Lot 111, 202 North Forest Drive, Kenai, Alaska. Application submitted by Porter and Susan Jordan, 8950 Greenbelt, Anchorage, AK 99502. NORD MOVED TO APPROVE PZ99-24. MOTION SECONDED BY BRYSON. Public Hearin Verbatim Begins: Porter Jordan, 8950 Greenbelt, Anchorage, Alaska -The purpose of this evening is to propose amendments to the conditional use permit application and I only made, I apologize but I only made six copies of the changes that we'd like to make in there to. Could I... bring these up for your... Glick: Yeah. (Jordan hands out copies of his proposed changes) Jordan: The reason for the proposed amendments is more for clarification than anything else. Number 1 being the relocate of the RV dump station to the north side of the existing flower shop on Forest Drive. The exact location will be to... be determined based on the setback requirement for that area. Number 2; move Planning 8v Zoning Commission June 23, 1999 Page 2 the hen house closer to the center of the property, near the back 7 of the new greenhouse. There will be a maximum of thirty chickens allowed on the property. (pause) Glick: Okay Jordan: And that's it. Glick: Oh, Jordan: Thank you very much. Glick: Any... any questions... from the Commissioners? Okay, thank you. Anyone else in the public wishing to speak to this? Jim Bookey, 1403 Second Avenue, Kenai, Alaska -Before you, Commissioners, you have a letter that I sent in last Friday asking for a continuance in this decision. I'd like to rescind that this evening. Ike talked with Porter and his wife and I would like to at this time give my support for the project the way it's been presented providing that these changes and... are included into the conditional use permit. Ah, I, I... I had some problems with it but I talked with him yesterday, I feel that they're confident people, they will do it (cough) they~e indicated and so I, like I said, would like to see those in the... in the CUP and I have no problems with that. Thank you. Glick: Okay, anyone else in the public wishing to speak? Keith H. Struempler, 1409 Second Avenue, Kenai, Alaska - I like Mr. Bookey, had some problems. I submitted a letter which I now rescind because of the proposed changes to the, to the, the use permit, so as... as of this time I have no problem, I support it as... as amended. Glick: Okay, thank you. Okay, anyone else in the public? Bruce Alumbaugh, 214 Forest Drive, Star of the North Subdivision, Lot #2, Kenai, Alaska -Haven't had a chance to talk with him, yet. I've been fairly busy lately. My only concern, I don't know if now's the time to ask with the revisions you're (question directed to Jordan) talking about, where exactly would the dump station being going? I know you said to the north side of the store. Jordan: Actually it would be, um... and... according to the... the amended copy, if I could just bring this up to you... Alumbaugh: Sure. Planning & Zoning Commission June 23, 1999 Page 3 Jordan: The original idea was over here (pointing out the location on a drawing) . Bryson: Excuse me, I wonder if you might speak to the Chairman. Jordan: Oh, I'm sorry. Oh, I'm sorry. Um, the original location on the RV dump was off of Second Avenue.. We've moved it over here (pointing out on map) somewhere within the new parking area, more or less ... a free standing issue. Over here... Alumbaugh: Hmm. All right, correct. Well I... you know, I'll be the first to admit, I have a little bit a problem with that because I live right here (pointing out location on map). You know, to me it's moving away. I can understand why they object and that you moved it away from there, kinda closer to me cause I'm right up on this, on the northern end of your property... Glick: Sir, you live in the next property adjoining this property... Alumbaugh: Yes... Glick: ...on Forest Drive, right? Alumbaugh: Yes Sir. And... you know... you know, just stating my opinion though, I'm not overly thrilled to have an RV dump... dump site right there, close to us and... Jordan: I'm not exactly sure how much... it's quite a bit of property here... Alumbaugh: Um-mm. Glick: Okay, ah, we need to bring it back to... comments to the... Alumbaugh: Oh, okay. Ah, as it.. my... my main reservations are, you know, relocation of the RV dump site, of course, closer to our property that we have now and, my only other concerns are the increased traf... if well be getting in the way of increased traffic on Forest, it's already fairly busy there in the first place. Ah... that's the only comments I have. Sir? Newbry: How far are you from this line here? Where's your house at? Alumbaugh: Ah, if that is ah, top.... Newbry: Now thi.. Planning & Zoning Commission June 23, 1999 Page 4 Alumbaugh: ...line here represents the border of the property, I'm not sure how... (inaudible) maybe... Jordan: (from the audience) maybe in essence ah, total of 346 feet. Alumbaugh: Well, whichever, whichever... Jordan: ...center... centerline... Newbry: Okay. Alumbaugh: Does... if that line.. if that top line there represents the... corner of your... the edge of your property, I'd be... I border their property... Newbry: Oh. Alumbaugh: ... so... Newbry: So you're to the north then are you? Alumbaugh: Yes Sir. Yes Sir. ~ Glick: Okay. Jordan: (from the audience) Frankly, to be honest with you, our intent is to get it as close to the existing shop as possible... Alumbaugh: Um-mm. Jordan: ...because of the... well save some money by being able to tap right into the existing sewer and there are trees in between... between our properties there. Alumbaugh: Okay, were you plan on leaving the trees there or... Jordan: Our intent is... is to ah, leave the trees there and... and.. we truly did want to buffer all the way around the property but... Alumbaugh: Okay. Jordan: ...obviously it... the farther away from the existing ah, sewer, the more expensive it is... Alumbaugh: Right. Planning & Zoning Commission June 23, 1999 Page 5 ~) Jordan: We just picked that spot because we already.. ah, planned on having parking ... and vehicles going in and out so the closer I get to the shop the less expensive it is going to be for me. Alumbaugh: Hmm. Jordan: ..and that is our intent. Alumbaugh: Okay. Glick: Okay. Anyone else in the public wishing to speak to this item? Okay, seeing none Ill bring it back to the Commissioners. Is there ah, comments from staff? Kebschull: Yeah, I'd like to ah, clarify the um, staff report as to these two concerns both the chickens and the dump station. When we first looked at this, we did not view these as... as we probably should have as being used as part of the business. We looked at them and the... and the code... any individual as a residence could have either of these two items, without a conditional use permit in the City. However, upon further review by Administration, as a part of the conditional use permit when they are specifically going to be used as part of the business they would be considered as part of that permit. So, it is something the Commission needs to determine and the Commission, could do, ah, has several options. They could um, approve with the amendments that they presented; you could deny any part of the permit or approve with your own conditions or stipulations, so that... if you have questions about that later I could clarify it further. Glick: Okay. Discussion by the Commission. Mr. Bryson? Bryson: I have no problem with the modification of the grandfathered commercial use in the residential subdivision, though I do have a problem with poultry raising for commercial use and the RV dump. These are quasi-commercial and it would be my intent to propose an amendment to remove those from the permit. Glick: Okay, ah... putting that in the form of a motion? Bryson: Ike not done that yet, I'll wait for other comments. Glick: Okay. Other comments first? Goecke: Mr. Chairman? Glick: Mr. Goecke? Planning 8v Zoning Commission June 23, 1999 Page 6 Goecke: Ah, I too, have a real problem. I seem to remember, something a year and a half ago or something there was, a complaint, about livestock in the City limits and I know we had ah, kind of, if I remember right, had kind of a long serious discussion about that ah, this particular thing was ah, if I remember right, horses and pigs. But livestock is livestock and, chickens are... to be fall under that, same heading. Ah, so, I will be in full favor of ah, Mr. Bryson if he, makes that amendment, to the floor and, same way with the, particular dump station, I don't know what that does for, this type of an operation. Glick: Okay. Anyone else... discussion? Mr. Bryson? Bryson: (MOTION) I propose an amendment to delete the approval of the poultry raising and the RV dumpsite from the application. Glick: Okay, you want to add in their new plan? Well, that's the only thing that changed. Bryson: (inaudible) Glick: That's the only thing that changed on that. Bryson: They were proposing to change the location... Glick: Okay. Bryson: I'm proposing to eliminate them. Glick: So you're just eliminating them, okay. Do I have a second? Goecke: Second. Glick: Okay, discussion on the amendment? Nord: Mr. Chairman? Glick: Ms. Nord? Nord: This RV dump station, this would be going directly into the City sewer system am I correct? Glick: Yeah, that's City sewer there? Yeah. Nord: Then, therefore, I really don't have a problem with a RV dump station at the location. The... the chicken situation in a residential area, even though the City doesn't address it, this Planning & Zoning Commission June 23, 1999 Page 7 being a business situation, I think they make noise... lots of it so I'm definitely against having 30 chickens in a residential neighborhood. Glick: Okay, anymore discussion on the amendment? Yes, Mr. Erwin? Erwin: Ah, the RV dump, particularly if it's moved up closer to the existing flower shop would take care of the one gentlemen's concern. Ah, going into the, City sewer system, I don't have a problem with that the property is essentially going to be screened, I guess, two sides from what I... understand um, I don't have a problem with that. Glick: Mr. Newbry? Newbry: Um, as for it... now the... the hen house, the chickens, there's 30 chickens there, I'm sure there's a buffer there that's going to keep the noise down anyway, ... just like any facility or business that's in a residential area, the RV dump, the only thing I would be concerned with would be odor but I guess you would have that in a... in any sewer situation. Um, or if, if there's, I don't know how fa... what type of RV dump it is, some are bad, some are good, just depends on the type but, if it's main... maintained and then it wouldn't be a problem. Glick: Okay. Anymore discussion... on the amendment? Mr. Bryson? Bryson: Just to reiterate the point that this is a commercial, or a suburban residential district and it is in a nonconforming situation right now but it is a grandfathered location and the property across the street is commercial, so presumably they're looking at it from across the street as a commercial zone as opposed to us addressing it as a commer... as a residential area. Glick: Okay. Goecke: Mr. Chairman? Glick: Mr. Goecke? Goecke: Yeah, the... the chicken thing ah, re.. and I.. I've been around, was raised on a farm and we had chickens so, I don't care what you do, you're going to have smell also from those chickens and, in an open, not always, I agree, but ah, for a dumpster site, or a dump site, not always but there's some of those that Ibe seen are pretty, pretty stinky and ah... I would hate to have something Planning 8s Zoning Commission June 23, 1999 Page 8 like that in a residential area and that's basically what we're talking about here. Glick: Okay, we'll vote on the amendment, the amendment only, that's to eliminate the dump station and the hen house. VOTE: (Amended Motion) ERWIN NO GOECKE YES NORD NO NEWBRY NO BRYSON YES GLICK YES 3 Yes, 3 No. Motion failed. Glick: Okay, anymore discussion? Okay, we're voting on the Main Motion then. VOTE: (Main Motion) GOECKE NO NEWBRY YES ERWIN YES 4 Yes, 2 No, Motion passed. ! Glick: Motion passed. Verbatim Ends 5. NEW BUSINESS: -None 6. OLD BUSINESS: -None 7. CODE ENFORCEMENT: -None 8. REPORTS a. City Council NORD YES BRYSON NO GLICK YES Councilman Bannock gave his report based on the June 16, 1999 City Council Agenda. A Board of Adjustment hearing was held regarding the Beaver Loop Partnership. Bannock reported that no new information was provided by those individuals who spoke at the Planning and Zoning meetings on the issue. A decision will be made within 30 days. Planning 8v Zoning Commission June 23, 1999 Page 9 Item C-1, Ordinance No. 1817-99 was passed. The ordinance will allow an Administrative Exemption for encroachments of up to a total of twelve inches. Item C-2, Ordinance No. 1818-99 failed. This ordinance would have allowed an Administrative Exemption for a reduction of up to a total of twelve inches from the setback requirements. Bannock expressed his disappointment that 1818- 99 did not pass but was pleased that 1817-99 did. $1,782 was approved for additional work on the Cunningham Park project. Council approved a lease to R&J Seafoods who would be taking over the area previously leased by Snug Harbor. The fine for late returns of library books was increased. Bannock thanked Glick and Erwin for attending the City Council meeting and for their input. b. Borough Planning Bryson reported a meeting was held on June 14, 1999. Items A through D were approved. Item E-1 was approved but there would probably be a Motion for Reconsideration. Item F-1 was postponed and all other items were approved. c. Administration Kebschull stated the two individuals who wrote regarding the conditional use permit had voiced concern over the notification. Although they were notified according to Code they felt the timeframe of the notice did not allow them sufficient time to respond or to get together with their neighbors. Kebschull continued, the Code requires that notices be sent by certified mail but after checking with other municipalities and cities, most places do not use certified mail because of the cost and time involved. If this issue was a concern, Kebschull thought eliminating the certified mailing would be a way to expedite the notifications and asked the Commission to give it some thought. Kebschull added, another option would be to extend the mailing time but then it would extend the deadline for people having to apply. Currently an individual has to apply three weeks before the meeting in order to process the permits and meet all the deadlines. 9. PERSONS PRESENT NOT SCHEDULED: None 10. INFORMATION ITEMS: a. "Zoning Bulletin" -May 25, 1999 Planning 8v Zoning Commission June 23, 1999 Page 10 b. City of Kenai 1998 Annual CLG Report c. Ordinance No. 181?-99 d. Ordinance No. 1818-99 11. COMMISSION COMMENTS 8s QUESTIONS: Commissioner Nord expressed concern with the approval of the conditional use permit since it was not amended to include the changes proposed by the applicant. Nord asked since that did not happen if it would go back to the original plan. Discussion took place on whether or not building permits would be required. Kebschull noted they would not be required for the dump station but permits from the water and sewer department would be. Discussion also took place on whether or not a permit was required for the hen house. Kebschull noted the permit requirement would depend on the size of the hen house. If it was larger than 10 x 12 feet a permit would be required. Commissioner Bryson thought the approved conditional use permit would be as originally proposed without the amendments suggested by the applicant. Kebschull stated she was confused with what happened as the original application intended to include a dump station and to raise chickens. Kebschull continued, because a site plan is not being considered and the applicant just provided an idea of what they were proposing, they're not tied to it as long as they stay within the use. Councilman Bannock stated it was his opinion the conditional use permit itself was not site specific, however, the applicant gave indication on record as to where the site is, thus, it was inclusive of the condition since it was part of the record. Bannock continued, the application for the conditional use permit didn't say anything to site location but the minutes did. Nord thought the Commission voted on the main Motion too quickly as she would have amended it by separating the two items; the RV dump site and the hen house. Glick apologized if the item was voted on to quickly. Commissioner Goecke requested staff ask the State Highway Department to consider putting turn arrows in the center lane in front of the Visitor Center. He added, it was a safety issue and indicated that he observed many vehicles not getting into the center lane to turn. Goecke witnessed many near accidents in the area. Goecke expressed concern with the congestion on Fathom Drive. Vehicles and boats are parked on both sides of the street which did not allow two Planning & Zoning Commission June 23, 1999 Page 11 vehicles to safely pass. Goecke also expressed concern for access of emergency equipment and/or vehicles. 12. ADJOURNMENT GOECKE MOVED FOR ADJOURNMENT. MEETING ADJOURNED AT 7:40 P.M. Respectfully submitted, Barbara L. Roper, o tract Secretary Planning 8v Zoning Commission June 23, 1999 Page 12