Loading...
HomeMy WebLinkAbout1999-09-22 P&Z MinutesCITY OF KENAI PLANNING 8s ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS } September 22, 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: September 8, 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. PZ99-34-Conditional Use Permit (Retail Store -Bookstore) for the property described as Lot 1, Quality Acres (109 Birch Drive), Kenai, Alaska. Application submitted by Maureen Van Sickle, 109 Birch Drive, Kenai, Alaska. b. PZ99-35-A resolution of the Planning 8v Zoning Commission recommending to the Council of the City of Kenai changing certain existing street names. 5. NEW BUSINESS: a. PZ99-36-Landscape Site Plan for the property described as Lot 2-C, Block 1, Spur Sub No. 6 (412 Frontage Road), Kenai, Alaska. Application submitted by John Mellish, RPM's Rebuild, Inc., 412 Frontage Road, Kenai, Alaska. b. Proposed Livestock Ordinance--Discussion 6. OLD BUSINESS: 7. CODE ENFORCEMENT: 8. REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: 11. COMMISSION COMMENTS 8a QUESTIONS: 12. ADJOURNMENT: j CITY OF KENAI PLANNING 8a ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS SEPTEMBER 22, 1999 - 7:00 P.M. CHAIRMAN CARL GLICK, PRESIDING MINUTES ITEM 1: CALL TO.ORDER Chairman Glick called the meeting to order at 7:00 p.m. 1-a. Roll Call Members Present: Carl Glick, Phil Bryson, Ron Goecke, Barb Nord, Donald Erwin, Robert Newbry Others Present: Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper 1-b. Agenda Approval MOTION: Goecke MOVED to approve the agenda requesting the item handed out before the meeting be added and asked for UNANIMOUS CONSENT. Motion SECONDED by Erwin. There were no objections. Agenda was approved as presented. 1-c. Approval of Minutes: September 8, 1999 MOTION: Erwin MOVED to approve the Minutes of September 8, 1999 and asked for UNANIMOUS CONSENT. Motion was SECONDED by Goecke. There were no objections. The Minutes of September 8, 1999 were approved as written. 1-d. Consent Agenda -None ITEM 2: SCHEDULED PUBLIC COMMENT -None ITEM 3: CONSIDERATION OF PLATS -None ITEM 4: PUBLIC HEARINGS 4-a. PZ99-34-Conditional Use Permit (Retail Store -Bookstore) for the property described as Lot 1, Quality Acres (109 Birch Drive), Kenai, Alaska. Application submitted by Maureen Van Sickle, 109 Birch Drive, Kenai, Alaska. MOTION: Nord MOVED to approve PZ99-34. Motion SECONDED by Erwin. Staff Comments: Kebschull indicated a correction was required in staff comments that were provided to the Commission. She explained, Page 2 stated the property as zoned Suburban Residential on one side and one side in the rear as General Commercial. Kebschull reported the property as zoned Suburban Residential on all sides. Public Hearing: Verbatim Begins: Glenna Swearingen, 107 Birch Drive, Kenai, Alaska - I'm going to read this because I'm not good at speaking in public. I'm not in favor of the proposal... eh.. the proposed bookstore next to my home. The proposal says the value of the adjoining property will not be significantly impaired. On paper that may be true but if I was going to buy a home I would not buy one next to a business. What is insignificant to you may very well be very significant to me. The proposal says the proposed use will not be harmful to public safety. It is sometimes extremely dangerous to back out of one's driveway on Birch Drive, which is what the proposed customers of the proposed bookstore would doing. In fact I have taken to backing into my driveway after a couple of close calls. I will also point out that my daughter's car was hit and totaled while parked at the curb in front of my house a couple of years ago. The traffic on our street is constantly increasing. The proposal says the public welfare will not be harmed, I say I am part of the public and I have already experienec... experienced the slamming car doors, Maureen's dogs barking at customers, cars parked in front of my house and so forth when she has her frequent garage sales. When that is to be multiplied by five days a week or more, it will surely be unpleasant. If one can't find peace in their own home where is one to find it? I'm asking you to vote against Maureen Van Sickle's Conditional Use Permit. If this permit is issued in spite of my objections I would ask you to consider the following request: the business be limited to week days only, no Saturday hours. I ask that if she has a sign, it be no larger than 4' x 4' and placed as far from my property line as possible. On the north of her proposed parking area to be paved next summer. I ask that if she has a sign and chooses to elim... PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 2 -~ illuminate said sign, it be turned by 10 p.m. I acknowledge the street is a public area but I ask that her customers not be allowed to park in front of my home. Thank you for listening. Verbatim Ends. Public Hearing closed. Kebschull noted it was verified with the Building Official that the garage does have an access door so a building permit will not be required. Glick, referencing the letter of support provided prior to the meeting, asked what the author's physical address was. Kebschull replied that information was not available. Bryson concurred with the concern of parking because kids play in the area and the problem deals with visibility. Curbside parking has a potential of being a problem. Bryson continued, the speed limit is 25 mph in that area but 30 mph is more typical because the visibility is straight on and it encourages faster movement. Bryson added he was generally opposed to commercial encroachment in that area mostly because it is somewhat sensitive in that there have been multiple problems with lots not being cleaned. Nord asked for clarification on the hours of operation. It was confirmed the hours would be noon to 6:00 p.m. VOTE BRYSON NO ERWIN NO GOECKE NO NORD NO NEWBRY NO GLICK NO MOTION FAILED. Kebschull advised the applicant of her right to appeal the decision in writing to the City Council within 30 days. 4-b. PZ99-35-A resolution of the Planning 8a Zoning Commission recommending to the Council of the City of Kenai changing certain existing street names. MOTION: Goecke MOVED to approve PZ99-35. Motion SECONDED by Newbry. No public comment. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 3 Staff Comments: Kebschull noted this was the end result of the mapping and address project. Kebschull pointed out that some of the changes just added a direction designation because if these were not added then several more addresses would have required changes. Bryson, referencing the Tinker Lane to Swires Road change, asked if Hollier Subdivision was off of Beaver Loop Road. Kebschull answered that it was. Bryson asked for clarification that the alignment out there was also Tinker Lane, making made two streets with that name. Kebschull confirmed that was correct. Bryson expressed concern with changing Tinker Lane to Swires Road since there was no likelihood of a connection ever to be made to the existing Swires Road and because it could cause confusion to the 911 system. A lengthy discussion ensued regarding the various street name changes and Bryson reiterated his concern of a different street name for emergency response purposes. PZ99-35 was postponed pending further information from staff. Kebschull requested that if anyone had a suggestion for a name they contact her. Kebschull also pointed out the name "Hollier" was already used in another location. ITEM 5: NEW BUSINESS 5-a. PZ99-36-Landscape Site Plan for the property described as Lot 2-C, Block 1, Spur Sub No. 6 (412 Frontage Road), Kenai, Alaska. Application submitted by John Mellish, RPM's Rebuild, Inc., 412 Frontage Road, Kenai, Alaska. Nord reported her son is an employee of the applicant and stated she would abstain if the Chairman determined a conflict of interest existed. Glick confirmed that Nord's son did not live at home and there would be no monetary gain for Nord regardless of the decision, therefore, no conflict existed. MOTION: Nord MOVED to approve PZ99-36. Motion SECONDED by Erwin. Staff Comments: Kebschull reported the application for a landscape site plan brought to surface the many problems and complaints staff received from area residents regarding storage of miscellaneous materials. Kebschull continued, the Code stated a parking area could not be used for storage but when it was brought to the applicant's attention he stated he converted the parking area to storage but still had sufficient parking by Code. This issue brought up an opportunity for the Commission to look at the lot to determine if some PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 4 landscaping could be required which would perhaps alleviate some of the ~~ 1 public's concerns. Kebschull added, from what staff could see, there was no landscaping on the lot and Code did allow up to a maximum of five percent. She noted, staff recommended a minimum screening of the canopies the applicant was requesting or consider fencing. Kebschull reported there were concerned individuals in the audience who would like the opportunity to address the Commission. Glick pointed out this was not a public hearing. Bryson requested the public be permitted to speak to the issue. Verbatim Begins Pat Porter, 116 Deepwood Ct., Kenai, Alaska (Prior to giving her statement, Porter handed out photographs she had taken on September 22 on the lot in question.) My name is Pat Porter and I live at 116 Deepwood Court, here in Kenai. Ah, I'm not here to discourage Mr. Mellish's business within the City. I'm here to encourage a positive outcome to the problems his expanding business is creating. I used to drive on Frontage Road daily to my place of employment. During the first years of his business activity and the outside of the appearance didn't bother to much, however, as his business has grown and more and more items appear on the site. When the airplane engines appeared I became more concerned about the actual purpose of the business and if it was meeting the commercial code. I contacted the City Hall to explore this issue. I was told he was within the code ordinance but th.. they had had numerous complaints regarding the outside appearance of the building. Kenai is a growing community in which many pe... business people have made efforts to improve their exterior building appearance. Since my arrival in 1969 this town has improved its business um... area tremendously. When you notice a business which continues to pile on outside items and be an eyesore, you wonder if the zoning code needs to be reviewed because it appears as if the City is unable to do anything about what he's storing on his property. His request to erect the roof area I feel will not add to the ambiance of the area or to contribute a professional appearance to the surrounding businesses are striving to obtain. I requested a copy of the code and attempted to review it. I also want you all to know it's very first time I ever read it and I found it very cumbersome to find an area which disallowed the business and I thought... well good, this will work only to go a few more pages over and find out that it was included somewhere else. So I understand where Mr. Mellish is coming from that he appears as if he thinks he has the right to do that. I would suggest he consider expanding his building in an L-shape manner which with... with large garage doors on the exterior. He could then storage everything in the parking lot within. This would help to solve his storage problem. Putting up the roof area, which he PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 5 says will be used for parking, I'm afraid will be used to cover his items waiting } for repair. The... act... actually no other businesses that I know of provide cover parking for their customers. The parking area on the diagram is currently where his large storage van is located. He actually put that that would be parking. It is not parking, there is a huge storage van there. Will this van be permanently removed off of the premises or relocated on the property? It clearly states he will use it for parking. The Code does state that commercial businesses shall not have an adverse affect upon nearby properties. I suggest to you it does. I have been in the beauty shop many times when the noise level is extreme from the work being completed. I understand where Mr. Mellish is coming from that... from what I could determine he is appears to be within the current code ordinance. His business is growing and he is.. and he has no where else to go other than the parking lot for storage. I want you to notice in the pictures that I sent around that there is a vehicle and a trailer now... doesn't fit on the parking lot so it's now in the street and someone has gone by two weeks ago and broke the windows and the glass re.. still remains on the street. So, you know, he does have a tremendous storage problem, he's not really addressing it. He's merely planning to try and ah, make a quick fix. I would encourage Mr. Mellish to be concerned about the appearance of his business and be a friendly neighbor to the businesses around him. If this problem is not solved with a solution it will continue to escalate, it's not going to get any better. So... that's all I have to say, any questions? Glick: Any questions of Ms. Porter? Porter: Good. Glick: Okay, thank you. Okay, anybody else in the public then would like to speak? Nate Kiel, 404 Lawton, Kenai, Alaska - Hi, Nate Kiel, 404 Lawton, Kenai. Um, I just... I'll keep this short, I think Ms. Porter did an excellent job of summing up the arguments against this proposal. Ah, I've personally lodged complaints over the last couple of years against the activity that's taking place on Mr. Mellish's ah, business site. Ah, I question whether or not there really is nothing that the City can do within the Code that is set up. It seems to me that things are really being stretched. As I read into the Code that outside storage of junk, and I'm quoting ah from 14.20.050 h, where it says, ah, outside storage of junk cannot withstanding the provisions of this section, no junked vehicle or junk shall be stored outside and no unenclosed junk or wrecking yard shall be maintained in a location which is visible from a City or State road in any zone. However, the Commission may grant a Conditional Use Permit under the procedure in the chapter allowing said use to continue for a specific period of time. (inaudible) and 8' high site obscuring fence of good appearance has been provided which I think that right there addresses the issue. Um, there are oil PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 6 drums, ah, ah, engines, ah, vehicles without wheels, ah, I mean, items that are not temporarily parked there include a 40' trailer which has been there for over 2 years. Which to my knowledge has never been moved not even for a day. Um, so, I don't know exactly what we can do within the Code but I would strongly encourage the City to take a look at this. Um, and as a long time Kenai resident and business ah, owner of businesses in the City of Kenai, I think it's not only ah, detracting from the business adjoining Mr. Mellish's property but also to the City businesses ah, in general. I~1 leave it at that. Thank you. Glick: All right, any questions? Okay, thank you. Kiel: Yeah. Glick: Anyone else wishing to speak to the item? Mark Norgren, NHN Poppy Lane, Soldotna, Alaska - My name is Mark Norgren, I reside ah, NHN Poppy Lane in Soldotna and ah, ah... I'm not quite as prepared as ah, Mrs. Porter and Mr. Kiel, it's homecoming week in Soldotna so ah... week's been kinda hectic here. But I also want to go on record in opposition of ah, of ah, PZ99-36 and I have some general questions ah, for the Commission. With all due respect, I also have been concerned about the activities next door. I'm part owner in the business that ah, ah, with... with Mr. Kiel and our wives in the beauty industry and it ah... is ah... is a very co.. ah..mm. large concern of our in terms of it detracting from our business. Um, we have attempted to... to speak with Mr. Mellish in a... in a professional manner ah... to try to resolve these issues on a... on a... on a lower scale ah, than this certainly and ah, that's why I prefer to do business. Unfortunately, we don't seem to get any many results. The fact, you could say um... it seems to be going quite the contrary. I have some general questions that I'd like you to ah... to think about and eh... in making your decisions so over this whole issue and I think it is a larger issue than the one in front of you tonight in terms of just ah, this particular report. I find it interesting in your staff's report that they speak about numerous complaints and in what the... what the Commission is doing to address those complaints and I guess I would like to hear um.. wha... what your plans are in res... eh... resolving some of those complaints. Um... first of all, in terms of... of... of what's presented in... in front of your this evening. The intent of the canopies. Ah, I find that interesting ah... ah... it seems that ah, to me the... the intent is somewhat hidden here but that's my personal opinion. Um, I... I would also ah, like the Commission to look at ah, possible Code violations in re... in ah, in regard to the canopies matching the existing structure that's on I... on site ah, maybe some other issues might be the whole idea of the outside storage Mr. Kiel spoke to the Code, he cited the Code, Um... it seems to me that that's definitely in violation. It seems that ah... PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 7 the area is zoned General Commercial and ah, as Ms. Porter said ah, "prevent any uses which would have adverse affect upon nearby properties," I can tell you that... that we feel it... in... in our business. We feel it, we're... we're neighbors and ah, we like to be good neighbors but that's kind of a reciprocal deal and... and that's kinda where we're at. Um, also the idea of landscaping, earlier this... this summer we spent hundreds of dollars and hours trying to landscape ah, with the Navarre's in terms of our business to make the appearance of our business fit into the whole Kenai atmosphere and we... we like to think ah, of Kenai, the City of Kenai as a... as a very pretty town and ah, we want to be a part of that. We're here for the long term, our business is here for the long term and we want to be a part of your business community and ah, I would ask that you consider ah, all those ah, all those issues in... in resolving this one aid again, and I think it's larger issue than the one in front of you and... and would ask you to... maybe a look... look at it a little ah, little closer. Thank you. Glick: All right, thank you. Any questions of Mr. Norgren? All right. Ms. Nord? Nord: How long have you had your business in that (inaudible -microphone not on) Norgren: Ah, almost two years. When the... when the... when the building ah, burned down... initially ah, and when he built it back, we moved in. So it's... it'll be two years coming up in November here. Glick: Okay, anyone else in the public wishing to speak? Bryson: I have a question for Mr. Norgren? Glick: Sure. Bryson: Ah, Mr. Norgren, were your partners part owners in the building that burned down? Norgren: Ah, no Sir. Bryson: You weren't partners. Who were the other owner's names? Goecke: The ah, the people that owned the building when it burnt are the same owners of the building today and that's George and Mike Navarre. Bryson: Thank you. Glick: Okay, any other questions? Thank you. Norgren: Thank you. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 8 ~ Glick: Once again, anyone else wishing to speak to this item? Okay, more 1 discussion. Verbatim Ends Goecke stated that prior to the fire he was in the same location the Kiel's and Norgren's are in at this time. Goecke stated he also had gone to staff regarding concerns with the property. Goecke indicated he was for any measure to make Mellish clean up. Goecke added that taking staff's recommendation to enclose the area might be workable. Goecke said he also had conversation with Mellish regarding the area when he was next to the business and it worked for a short period of time but it didn't take long to be back in the current condition which gets progressively worse. Glick asked staff if PZ99-36 could be postponed until the next meeting in order to have Mr. Mellish come back with a plan to show fencing or something that would satisfy the concerns. Kebschull replied it was within the Commission's right, however, the Code was non-specific in defining landscaping. Kebschull recommended the Commission require landscaping to help clarify the issue. Kebschull continued, she asked the City Attorney about the recommendations and he indicated it was within the Commission's means to do so. Kebschull also wanted to clarify Mr. Kiel's concerns about the section of the Code to which he was speaking. Kebschull noted she had the same concern and thought that section of the Code could be used but the City Attorney clarified the Code was only for non-conforming uses. Non-conforming uses were those uses which were in effect before the Code went in and they were no longer allowed within a zone. Kebschull added, the City Attorney did say that if the materials stored over there could be determined to be junk, then another section of the Code could require that it be cleaned up. But in Mellish's business, he could probably make the case that the material was necessary for his business. Bryson asked if the airplane engines currently stored on Mellish's property were originally stored on Strawberry Road. Kebschull answered, that was the information she received but also noted it was hearsay. Goecke indicated that Mellish owned the building and asked if the grass strip could be considered as part of the five percent. Kebschull thought the area was considered a right of way and not part of his property. Bryson confirmed that Mellish owned the building and a portion of it was being used for the business. Bryson asked if the tract was subdivided into different sub-units of the building. Kebschull replied, Mellish leases or rents the spaces. Bryson asked how large the lot was. Kebschull replied, the information from the new GIS program stated the lot as .4 acres. Kebschull added, Mellish could PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 9 own the other buildings and it could be something that needed consideration. Bryson also asked staff if the City Attorney thought asite-obscuring fence was a viable option and would it only need to accommodate the outdoor storage and not address the entire lot. Kebschull replied, she told the City Attorney what her recommendations were and he did not say the fencing was not appropriate but she would not want to go so far as to say that he said that was a solution. Bryson asked if the entire area behind the building was used for just Mellish's own personal activities. Kebschull thought all the material stored in the area belonged to Mellish. Nord thought the Commission had a real dilemma because a landscape site plan was to be considered and she didn't think a fence could be considered landscaping or whether it would fit the intent of the Code, which was to protect the health, safety and welfare of the citizens. Nord continued, after looking at the photographs provided by Porter, she just couldn't see an opportunity for Mellish to put in actual green landscaping in the area because of all the pavement. Bryson noted he was not in favor of approving the landscape site plan as submitted but he would be amenable to having Mr. Mellish propose something. Glick agreed with Bryson and pointed out that no landscape plan was submitted with the application, so it would be difficult to approve a plan that didn't exist. The Commission agreed the item should be sent back with a request for a detailed landscape plan. Kebschull asked if the Commission would like Mellish in attendance to present his plan. Glick answered yes, as he would then be available to answer questions. Bryson stated the issue could also be discussed in a work session as it could be handled more casually. The Commission agreed to discussing the issue in a work session. MOTION: Bryson MOVED to postpone PZ99-36. Erwin SECONDED. There were no objections. SO ORDERED. 5-b. Proposed Livestock Ordinance--Discussion Kebschull stated she ran a query on the new GIS program to highlight the lots within the City that were equal or greater than three acres. Kebschull noted there were several larger lots that are split-zoned. After a lengthy discussion regarding the livestock ordinance, it was decided the item would go to a work session in order to discuss certain criteria and PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 10 ~ problems which may affect the entire city. The work session would be held prior to the next scheduled meeting and two issues would be discussed; PZ99- 36 and the Proposed Livestock Ordinance. ITEM 6: OLD BUSINESS -None ITEM 7: CODE ENFORCEMENT -None ITEM 8: REPORTS 8-a. City Council - No report 8-b. Borough Planning Bryson stated a meeting was held on September 13, 1999 and part of the meeting was held in the early afternoon in order to allow Commissioners to view parcels along the river affected by the erosion control project. Bryson reported the tour was quite educational and he was favorably impressed by some of the work that had been done. Bryson noted he was also aware now of some areas that had not been addressed. Bryson continued, the consent agenda was approved. Item E-1 was approved, which was a wetland road fill project in the Murwood Estates Subdivision. Item F-2 was a request for ten acres of Borough land to be used as an outdoor recreational area. This was approved and would go before the Borough Assembly. Item G-1, a vacation of a 20-foot utility easement was approved. Item J-1, a request to drill a water well within the 50 foot Kenai River Habitat Protection Area in the Cooper Landing Area, was approved because if the well wasn't put in the proposed area, it would affect other aspects of the project. 8-c. Administration Kebschull reported the vehicles were moved off Baker Street. ITEM 9: PERSONS PRESENT NOT SCHEDULED -None ITEM 10: INFORMATION ITEMS -None ITEM 11: COMMISSION COMMENTS & QUESTIONS Commissioner Nord reported there was a lot of activity again at the residence on Sycamore Street and she was sure they were operating a business. Nord noted that she hadn't seen any repair work being done on the street other than the one time after the City was over there. Nord stated, the work was being done in the garage, backyard and driveway and it was turning into a junkyard. Kebschull PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 11 stated, every time a new vehicle comes in, the police needed to be called so they ~ could make an effort to document the amount and type of business being conducted. Kebschull continued, that would be the only way to monitor it other than setting up a scam. Kebschull also noted, since the neighbors were told of the necessity to phone the police, only one call was made. Nord responded by stating that many of the neighbors were afraid of repercussion. Kebschull stated the City would look into it. Commissioner Goecke requested that RPM's (Mr. Mellish) be required to move the vehicle parked on the street in front of his business. Kebschull stated, vehicles were allowed to park on Frontage Road until October 1, 1999, at which time they need to be moved for snow removal. Kebschull noted the Police Department would begin enforcement after October 1. Commissioner Bryson asked if there had been any complaints about the pasture on Birch Street. Kebschull replied she wasn't aware of any. Bryson noted the lot of First and Birch was cleaner and wasn't sure if the problem on Sycamore was related. It was noted the reason the lot at First and Birch is cleaner was a result of a divorce. ITEM 12• MOTION: Goecke MOVED to adjourn. There were no objections. The meeting adjourned at approximately 8:10 p.m. Minutes transcribed and prepared by: Barbara Roper, Contr c Secretary PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 12