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HomeMy WebLinkAbout1999-07-14 P&Z Minutes PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS July 14, 1999 - 7:00 p.m. http://www.ci.kenai. ak.us CALL TO ORDER: a.Roll Call b.Agenda Approval c.Approval of Minutes: June 23, 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: 4. PUBLIC HEARINGS: a. PZ99-26--Encroachment Permit -Front Yard Setbacks--For the property described as Lot 4, Block 2, Spruce Grove Subdivision (405 Haller Street), Kenai, Alaska. Application submitted by Donald L. McCloud, 405 Haller Street, Kenai, Alaska. b. PZ99-27--Conditional Use Permit -Retail/Wholesale Business (Upholstery Shop)--For the property described as Lots 7 & 8, Block 2, Kaknu Korners Subdivision (9199 Kenai Spur Highway), Kenai, Alaska. Application submitted by Ginger Purcell, 2800 Beaver Loop Road #8, Kenai, Alaska. 5. NEW BUSINESS: 6. OLD BUSINESS: a. MOTION FOR RECONSIDERATION-- PZ99-24--Conditional Use Permit - Greenhouse, Gift Shop & Coffee Shop--For the property described as Government Lot 1 I 1 (202 North Forest Drive), Kenai, Alaska. Application submitted by Porter & Susan Jordan, 8950 Greenbelt, Anchorage, Alaska. 7. CODE ENFORCEMENT: 8. REPORTS: a. City Council b. Borough Planning c. Administration - \ 9. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: a. "Zoning Bulletin" -June 10, 1999 b. KPB Plat Committee Action -June 28, 1999 c. Letter from KPB dated 6/15/99 d. Letter to State of Alaska, DOT, dated 6/25/99 e. Memo to Kenai Police Department dated 6/25/99 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: CITY OF KENAI PLANNING 8s ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS July 14, 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, Barb Nord, Donald Erwin, Robert Newbry Ron Goecke (arrived at 7:05) Members Absent: Phil Bryson Others Present: Councilman Duane Bannock, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper b. Agenda Approval: NORD MOVED TO APPROVE THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY ERWIN. AGENDA WAS APPROVED AS PRESENTED. c. Approval of Minutes -June 23, 1999 ERWIN MOVED TO APPROVE THE MINUTES OF JUNE 23, 1999 AND ASKED FOR UNANIMOUS CONSENT. THE MOTION WAS SECONDED BY NEWBRY. THE MINUTES WERE APPROVED AS WRITTEN. d. Consent Agenda - No Consent Agenda items. 2. SCHEDULED PUBLIC COMMENT: None 3. CONSIDERATION OF PLATS: None 4. PUBLIC HEARINGS: a. PZ99-26 -Encroachment Permit -Front Yard Setbacks -For the property described as Lot 4, Block 2, Spruce Grove Planning & Zoning Commission Meeting July 14, 1999 Page 1 Subdivision (405 Haller Street), Kenai, Alaska. Application submitted by Donald L. McCloud, 405 Haller Street, Kenai, Alaska. NEWBRY MOVED TO APPROVE PZ99-26. MOTION SECONDED BY NORD. No public comment. Kebschull stated staff had nothing additional but noted the encroachment dated back 24 years. Erwin asked if the encroachment would be more than 3.6' with the addition of the porch. Kebschull clarified that accessory structures could come to three feet of the property line. No other comments were made. VOTE: ERWIN YES GOECKE ABSENT NORD YES NEWBRY YES BRYSON ABSENT GLICK YES MOTION PASSED UNANIMOUSLY. Goecke arrived at 7:05 p.m. b. PZ99-27 -Conditional Use Permit -Retail/Wholesale Business (Upholstery Shop) -For the property described at Lots 7 and 8, Block 2, Kaknu Korners Subdivision (9199 Kenai Spur Highway), Kenai, Alaska. Application submitted by Ginger Purcell, 2800 Beaver Loop Road #8, Kenai, Alaska. MOTION: ERWIN MOVED TO APPROVE PZ99-27. MOTION SECONDED BY NEWBRY. Verbatim Begins Barbara Waters, 311 Kulila Place, Kenai, Alaska -Members of the Planning Commission, this is the first time I can actually say this and mean it. The proposed is literally in my back yard. If you would (inaudible) from your map layout, the subject property consists of Lots land 8 of Kaknu Korners Subdivision. I'll let you find it. My home is on Lot 12 in the same subdivision. My daughters and grandchildren live at Lots 14 and 16. I am a 20- year resident on the street and know of one other resident has Planning & Zoning Commission Meeting July 14, 1999 Page 2 ~ lived there longer than we have. On our street there are ten children in residence as well as several who visit grandparents and friends on a regular basis. There are numerous children on Dolly Varden and Kaknu as well. All of these visit the homes on Kulila and wander through the various back yards as they play. I'm a small business owner, as such I'm seldom opposed to new businesses getting a fair shake from the powers that be. I'm not opposed to this business getting a fair shake at this juncture. However, this is a residential area. The nearest business venture on that side of the highway is a former Doyle Fuel Service, which has recently moved further out North Road. I'm not sure what's currently going on in that property or going into the property cause there's no signage there any longer. The next nearest business venture is Integrity Survey's and then Zubecks, which is ah, again mostly business oriented strip towards Soldotna. Actually, I believe there might be a business venture ah, operated in the little yellow house at Dolly Varden and the Spur Highway. There's no signs and there's no overt signs of business, just a few guide boats parked in the yard and an occasional tour van that stops by, in fact it was there today. So that would be hard to prove or disapprove and indeed I don't recall ever receiving a notice from the City about a Conditional Use Permit for that location. It simply happened if it did. In Ms. Purcell's application mention is made of a paved road to the shop building. In fact, the road is only partially paved. Residents in the trailer along that frontage road have been accessing the McClure property via Tinker until the City fmally got it blocked enough they could no longer access it by that manner and I noticed tonight as I left that they had finally re-seeded it again, so it's going to look nice. Not shown, however, in Ms. Purcell's drawings are the two trailers at the far end of that dirt road. Now, back to the lots in question. Lot #7 is currently a partially wooded lot, at one point there were two pads with electric hook-up, which were used by motor homes or mobile homes. Also, several years ago a (inaudible) opened up in the Lot 7 side of the easement and the owners had to have it backfilled. At that time we were told there probably several other log cribs in the area which may or may not open up as well. We were also told there's no way to know that they're there until they cave in. The metal building on Lot #8 has been vacant or unused for several years. Although I'm not sure, I think it was probably set up as a garage for the motor homes or trailers which parked on the previously mentioned pads. Planning & Zoning Commission Meeting July 14, 1999 Page 3 `~ The road showed by Ms. Purcell's drawing does not exist in the way depicted, in fact it's entry point is on Kenai Spur Highway. It's only paved from the highway and down a few feet on either side. One side toward the building, the other's toward the trailer homes. It's not a maintained road. Parking is severely restricted by location of the adjoining property, which is entered by way of Dolly Varden as well as by the location and size of the shop building itself. Parking would have to be eit.. by either side... ei... excuse me, either at the side of the building or on the frontage road. I also have a concern about the future addition of signage on top of the building. Our bedroom window faces the highway and the building. I don't look forward to having light from a sign shining in my window. It's bad enough that the highway street lights already shine in. Although I'm sympathetic with Ms. Purcell's desire to open or expand her business, I would object to it being in a residential area. At this time Kenai space is changing. There are several vacant building which are in some commercial areas. The EDD also has several vacancies for new business ventures. I'd also like it known that I applaud Ms. Purcell for her desire to enter the business community. It's a difficult one at times but one which can be rewarding. But I'm looking further down the road even. What happens in a year or so if Ms. Purcell's ah... closes up her shop, either to move to another location or for whatever other reason. What might be considered by some as a simple non- threatening business would have to open the doors to something even bigger or less tasteful because the area then would have a history of commercial use. I respectfully ask you to consider my objection and refer you to the item headed by "recommendations" on page two of the comments in the packet you sent me. The last line of that paragraph reads, and I quote, "unless adjoining property owners object, recommended approval." Members of this committee, I am an adjoining property owner and I object and I thank you. Verbatim Ends Waters also pointed out the copies of the photographs she had taken of the property in question. The photos were provided in order to show the Commissioners what Waters was talking about. Waters explained each photograph. Planning & Zoning Commission Meeting July 14, 1999 Page 4 Erwin asked that Ms. Waters specify her concern of children versus the business in the area. Waters stated extra traffic would come along with the business and she is concerned for the safety of the children. No other questions. Ginger Purcell, 2800 Beaver Loop Road, #8, Kenai, Alaska - Purcell stated the only access to the business would be from the Kenai Spur Highway and not from Tinker or Dolly Varden. Purcell continued, she doesn't anticipate much traffic at all since she operates a small shop and is the only one working there. Purcell stated there would never be more than two to three vehicles at the business at one time and access would only be on the paved road that goes to the dirt area. Purcell noted that she plans to clean up the existing area and someday build a larger area next to it if allowed. Purcell indicated she is not interested in a lighted sign, her sign would be small and placed above the garage door. No other comments, public hearing closed. Staff had nothing additional. Goecke apologized for being late and thought the concern of increased traffic in the area was unwarranted due to the type business proposed. Goecke noted he would be voting in favor of the Conditional Use Permit. VOTE: NORD YES NEWBRY YES BRYSON ABSENT ERWIN YES GOECKE YES GLICK NO MOTION PASSED. Glick pointed out the public has the right to appeal the Commission's decision within 30 days to the City Council. 5. NE~V BUSINESS: None 6. OLD BUSINESS: a. MOTION FOR RECONSIDERATION - P299-24 -Conditional Use Permit -Greenhouse, Gift Shop 8s 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, Alaska. Planning 8v Zoning Commission Meeting July 14, 1999 Page 5 Glick pointed out that four (4) votes were required in order to pass the Motion for Reconsideration. MOTION: NORD MOVED TO VOTE FOR RECONSIDERATION OF P299- 24. MOTION SECONDED BY ERWIN. VOTE: NEWBRY YES ERWIN YES NORD YES BRYSON ABSENT GOECKE YES GLICK YES MOTION FOR RECONSIDERATION PASSED UNANIMOUSLY. Kebschull pointed out there was additional information provided by the Jordans and a related staff report. Kebschull also noted the Jordans were present to answer any questions if necessary. Goecke stated at the last meeting when the issue was discussed he was not totally in favor but after going through all the information he was now in favor with the proposed changes. Goecke commended the Jordans. Glick asked if the issue was approved, would it include the additions provided by the Jordans. Kebschull answered, a Motion was required to approve the revised plan as presented by the Jordans. MOTION: GOECKE MOVED TO APPROVE PZ99-24 WHICH INCLUDED THE AMENDED PLAN PRESENTED BY THE JORDANS. MOTION SECONDED ERWIN. MOTION TO AMEND: NORD MOVED TO AMEND THE MOTION TO BREAK DOWN THE PLAN TO ALLOW THE COMMISSION TO VOTE ON ITEMS ONE AND TWO SEPARATELY. THIS INCLUDED THE RELOCATION OF THE DUMP STATION TO THE NORTH SIDE OF THE EXISTING FLOWER SHOP AND MOVING THE HEN HOUSE CLOSER TO THE CENTER OF THE PROPERTY NEAR THE BACK OF THE NEW GREENHOUSE. MOTION SECONDED BY ERWIN. Discussion took place on the original intent of the motion and Nord stated it was to vote on the two issues separately. City Planning & Zoning Commission Meeting July 14, 1999 Page 6 Attorney Graves indicated there were a couple of options and one would be to make a motion to delete the relocation of the RV dump station from the amended plan. The second motion would be to deal with the chickens. Nord restated her motion to amend as follows: (RESTATED) MOTION TO AMEND: NORD MOVED TO DELETE THE HEN HOUSE FROM THE CONDITIONAL USE. MOTION SECONDED BY ERWIN. Nord reported there was an objection submitted from a neighbor on the north side who was extremely allergic to poultry and poultry products and if the amendment was passed there may be some legalities that could be unfortunate for the City, especially since there was knowledge of it happening. Nord also commended the Jordans for the wonderful plan they submitted. Glick asked staff if the Land Use Plan allowed agriculture as a principal use in this particular zone. Kebschull replied, farming and general agriculture was a permitted personal use. However, if it became part of a business or if permission was asked to have it as part of the business, then a conditional use permit was required. Kebschull also asked for clarification on the motion as the original amendment was to move the hen house and to limit the number of chickens to 30. She asked, if the amendment was deleted, then would the original proposal with the plan for the hen house be voted on. Glick thought the hen house was being deleted completely. Kebschull stated, if the chickens were to be removed completely, then it needed to be stated. Graves agreed that clarification was required if the intent of the motion was to not allow chickens on the property. Graves reiterated that farming and general agriculture was an allowed use in the RR zone, however, it was clear that if an applicant applied for a conditional use permit, the Commission could establish a condition that no chickens be allowed on the premises. WITHDRAWAL OF MOTION: Nord requested permission to withdraw her amendment to the main motion and to restate it. Erwin, who seconded the motion agreed with the withdrawal. Planning & Zoning Commission Meeting July 14, 1999 Page 7 MOTION TO AMEND: NORD MOVED THAT NO CHICKENS OR HEN HOUSE BE ALLOWED ON THE PROPERTY. MOTION SECONDED BY ERWIN. Goecke indicated he previously. had a problem with the chickens but no longer did because of the proposed amendments presented by the Jordans and the speakers from the last meeting. Goecke continued, this was an issue that did not have to be presented because of the non-restriction of farming and general agriculture in the zone. Goecke thought the 30 chicken limit was not a problem. VOTE ON THE AMENDED MOTION: BRYSON ABSENT ERWIN NO GOECKE NO NORD YES NEWBRY NO GLICK NO MOTION FAILED. VOTE MAIN MOTION: GOECKE YES NORD YES NEWBRY YES BRYSON ABSENT ERWIN YES GLICK YES MOTION PASSED UNANIMOUSLY. Kebschull informed the public they had the right to appeal the decision within 30 days from the date of this meeting. The appeal must be in writing and submitted to the City Clerk. 7. CODE ENFORCEMENT: -None 8. REPORTS a. City Council Councilman Bannock gave his report based on the City Council agenda provided in the packet. Item C-1, $55,000 appropriation for the preliminary design work on the Kenai Coastal Trail. This could be amulti-million dollar project with the long term benefits being not only an attraction but a bank stabilization project as well. Planning 8v Zoning Commission Meeting July 14, 1999 Page 8 Item C-2 had to do with the way the Code regulates investments the City has. Item H-3 was approved and it provided ticket counter space to Yute Air who would resume flight service into Kenai beginning July 15, 1999. Yute anticipated nine flights a day. Items H-5, 6 and 7 were items presented by Mayor Williams. Item H-9 dealt with the Multipurpose Facility adjacent to the high school and behind the Challenger Learning Center. Bannock gave a report on the money involved and announced there were eight individuals who were willing to guarantee loans in excess of $275,000.00 to see the project through completion. b. Borough Planning - No report. c. Administration Kebschull advised the Commission the enclosed resolution report shows all activity to date and it was separated by permit title. Kebschull added, staff continued to work on the Code. 9. PERSONS PRESENT NOT SCHEDULED: None 10. INFORMATION ITEMS: a. "Zoning Bulletin" -June 10, 1999 b. KPB Plat Committee Action -June 28, 1999 c. Letter from KPB dated 6/ 15/99 d. Letter to State of Alaska, DOT, dated 6/25/99 e. Memo to Kenai Police Department dated 6/25/99 11. COMMISSION COMMENTS Sa QUESTIONS: Commissioner Goecke apologized for being late to the meeting. Commissioner Nord stated she was glad to see the City taking an interest in Sycamore Street and the issue of the vehicle repair business. Councilman Bannock apologized to the Commission for the comment he made during the discussion on reconsideration during the last meeting about Mr. Jordans' amendment. Bannock stated he conferred with Attorney Graves and he was informed the information he shared was incorrect. However, the Commission corrected the issue at this meeting. Planning 8v Zoning Commission Meeting July 14, 1999 Page 9 12. ADJOURNMENT GOECKE MOVED FOR ADJOURNMENT. MEETING ADJOURNED AT 7:40 P.M. Respectfully submitted, `~.~~...e-~ '~ Barbara L. Roper, C ntr ct ecretary Planning & Zoning Commission Meeting July 14, 1999 Page 10