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HomeMy WebLinkAbout1998-10-14 P&Z Minutes~~} AGENDA CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS October 14,1998 - 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 23,1998 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. PZ98-47--Preliminary Plat--Shoreline Heights Subdivision No. 2 4. PUBLIC HEARINGS: 5. NEW BUSINESS: a. *PZ98-48--Home Occupation Permit-Daycare--Jan Stiers--518 Pine Avenue (Lot 3, Block E, Woodland Subdivision), Kenai, Alaska. b. Amendment to KMC 12.25.030--Junk Car Ordinance--Discussion c. November meeting dates--Discussion 6. OLD BUSINESS: 7. CODE ENFORCEMENT: a. Triple T Autobody -Tom Trible b. Peek A Boo Place Daycare -Home Occupation Permit -Shannon Fitt 8. REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission Page 2 Agenda October 14, 1998 10. INFORMATION ITEMS: a. Board of Adjustment Decision -Restrictions Placed on Variance in Five Iron Heights Subdivision b. Ordinance No. 1797-98 -Amending KMC 14.20.150 Conditional Use Permits c. Planning & Zoning Commission Roster d. KPB Plat Committee Action of 9/15/98 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION OCTOBER 14, 1998 -- 7:00 p.m. KENAI CITY HALL CHAIRMAN CARL GLICK, PRESIDING *** MINUTES *** 1. CALL TO ORDER AND ROLL CALL Chairman Glick called the meeting to order at approximately time 7:00 p.m. a. Roll Call Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord Members Absent: Art Graveley Also Present: Councilman Bannock, Administrative Assistant Marilyn Kebschull, Contract Secretary Alison Rapp b. Agenda Approval WERNER-QUADE MOVED TO APPROVE THE AGENDA AS WRITTEN AND ASKED FOR UNANIMOUS CONSENT. MOTION WAS SECONDED BY GOECKE. Goecke requested removal of Item 5a from Consent Agenda to the Regular Agenda. Chairman Glick clarified Item 5a, PZ98-48 -- Home Occupation Permit -Daycare -- Jan Stiers -- 518 Pine Avenue (Lot 3, Block E, Woodland Subdivision), Kenai. Chairman Glick inquired if there were any objections to unanimous consent on the agenda approval. None were raised. AGENDA WAS APPROVED AS WRITTEN WITH THE ADJUSTMENT TO ITEM 5a. c. Approval of Minutes: September 23, 1998 NORD MOVED TO APPROVE THE MINUTES OF SEPTEMBER 23, 1998. MOTION SECONDED BY BRYSON. VOTE Kenai Planning & Zoning Commission October 14, 1998 Page 1 BRYSON Yes WERNER-QUADE Yes GOECKE Yes NORD Yes MAHURIN Yes GRAVELY Absent GLICK Yes MINUTES OF SEPTEMBER 23, 1998 WERE APPROVED BY UNANIMOUS VOTE. 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 sequences on the agenda as part of the General Orders. 2. 3. SCHEDULED PUBLIC COMMENT: -- None CONSIDERATION OF PLATS: a. PZ98-47 -- Preliminary Plat -- Shoreline Heights Subdivision No. 2 GOECKE RECOMMENDED APPROVAL OF P298-47 -- PRELIMINARY PLAT -- SHORELINE HEIGHTS SUBDIVISION. WERNER-QUADE SECONDED THE MOTION. Chairman Glick opened for discussion and asked if the staff had anything additional to add to the item. Kebschull noted the map read Kenai Road in error, it should read Kenai Spur Highway. VOTE BRYSON Yes GOECKE Yes MAHURIN Yes GLICK Yes Motion passed. 4. PUBLIC HEARINGS: -- None 5. NEW BUSINESS: WERNER-QUADE Yes NORD Yes GRAVELY Absent Kenai Planning & Zoning Commission October 14, 1998 Page 2 4 a. PZ98-48 -- Home Occupation Permit -Daycare -- Jan Stiers -- 518 Pine Avenue (Lot 3, Block E, Woodland Subdivision), Kenai, Alaska. BRYSON MOVED TO APPROVE PZ98-48. MOTION SECONDED BY WERNER-QUADE. Chairman Glick informed the gallery it was not a Public Hearing but they are free to speak. Chairman Glick requested anyone wishing to speak to please step up to the microphone. Verbatim Begins Joe Harris, 520 Pine Avenue, Kenai, Alaska Some of the neighbors uh have taken a protest on this thing so I~1 read a short letter we have. We the undersigned protest the application for a home occupation permit or conditional permit for daycare at 518 Pine Avenue, in Woodland Estates. This protest is based on the following: This business has been started prematurely without any application to the City. As we understand it, the City must notify neighbors before granting permits such as this. However, even notification wouldn't change our position. In our opinion it is illegal for the City to grant a permit to a renter. It would be more proper to grant the permit to the owners of the house. The requested business location is on one of the busiest streets in Woodland. Yet by City schedules, one of the last streets slated for snow removal. It is not going to be a good condition this winter. The original Woodland covenants disapprove of any offensive activities. We find this business to be offensive. Offensive can be any word that you choose it to be, 6:30 a.m. traffic idling in a driveway next to you or late at night right next to you, well it's kinda noisy. Now we'd like this to be said publicly and for sure this protest is not intended as anything personal against the applicant rather we're voicing our opinions against any business on Pine Avenue. We request your approval of our protest. Chairman Glick: Thank you. Harris: Do you have any questions? Chairman Glick: Does anybody have any questions. Please sign the log with your name and address too, please. Once again, this is not a Public Hearing. Is there anyone else that would like to speak? (Indication from Gallery) Kenai Planning & Zoning Commission October 14, 1998 Page 3 Chairman Glick: Yes ma'am, please come up to the microphone Kristine Schmidt, 513 Ash Avenue, Kenai, Alaska I also object to the... as a home owner with my husband... I have a lot in Woodland Subdivision and being a street or so over from this proposed home occupation I also object to the issuance of this permit for several reasons. Number one, it violates Woodland Subdivision covenants. Per.. uh.. uses such as this are not permitted in the covenants, while we're very aware that the City doesn't enforce the covenants, the City alshud... also should not be in the position of encouraging people to violate the covenants by issuing permits such as this. And that prohibition includes signs, no signs are permitted in the subdivision at all except realtor signs. It's not... It hasn't been proved that the owner of this property actually approves this use, or approves the application and until that happens the permit should not be issued. Third, I believe this use violates the intent of the ordinance which reads quote, that the average neighbor, under normal circumstances would not be aware of its existence other than for a sign as permitted in this chapter. The proposed use more than makes people aware that its around... it... has... there's a constant flow of cars in the morning and the afternoon for picking up children. I also at.. as Mr. Harris testified I didn't see that there was notice of this permit in the newspaper or.. and there was certainly no umm.. I mean I looked at the paper for da... for the last several days and didn't see published notice of this meeting. You know maybe I missed it but in addition I think that its important that the people who live in the... adjacent to the at.. a use like this get notified before a permit is issued. Thank you. Chairman Glick: It's not printed because it's not a Public Hearing, ma'am. That's why it wasn't in the newspaper. Verbatim Ends Kebschull commented that the item was included with the agenda published in the paper. Discussion ensued from the gallery. Bryson requested any testimony be presented to the chairman. Chairman Glick further commented the item was in the paper under our regular agenda item. Chairman Glick opened for discussion, a gallery member indicated they would also like to speak. Verbatim Begins Kenai Planning & Zoning Commission October 14, 1998 Page 4 Jan Stiers, 518 Pine Avenue, Kenai, Alaska I have been doing daycare since 1955 in the Territory and the State of Alaska. Ah... it just so happens that my house burned out north which put me looking for a home and finding something in the City of Kenai. I lost glim then the this following January and this has put me under stress and duress on the fine things. I am sure Mr. Harris' statement about nothing personal is because I finally had to.. because of all the harassment I have gotten to... to the extent of the man telling me he did not want me next door. Ah.. that I finally had to get an attorney to write him a letter to quit harassing me. Um... there are seven licensed daycare providers in Woodland there is also several unlicensed daycare providers in Woodland. Including the people directly across the street from me who have Kenai Child Development Center and it took me one morning to figure out that they are dropping off children. And when their children came to sell me a ticket for an event, I said does your parents do daycare? And they said, well we call it baby-sitting. Which is exactly the same thing as what I do. I have not tried to harass my neighbors. I have lived in the City a little over a year now with absolutely no problems until I moved next door. As I stated in the... ah... minutes at the City Council meeting, I have several degrees, one of them being in Sexual Abuse and Domestic Violence, and when somebody tells you they don't want children next door, it reeks of having a problem. I am not saying that we do, but my children are all small children. Granted the parents come in, but they come in at the same time as the Rams' children come in in the mornings. On some mornings they're much later than theirs. And they're picked up basically all at the same time. Um... my children are young, for the most part they are kept in the house. Because of them being very young. They go outside only under supervision and we have a 8'... ah... 6' chain link fence around the entire back yard. They have walked out front with me while we were putting hi... Halloween decorations and things like this. But those children are not by any means noisy or anything else. I hear the.. the children catching school busses much more than I hear these children, even in the house. The people that own the house have been down to visit me. They gave me their whole-hearted approval told me that they even liked me and the lady asked if she could even hug me when she left. She went totally through the house they spent little over an hour with me. And there was no problems. Kenai Planning 8v Zoning Commission October 14, 1998 Page 5 It just seems to me Mr. Harris and Mrs. Harris, who have a vi.. a problem with this. Um.. Mrs. Schmidt, I don't know what her problem is because there's two over on her street also.... Bryson: Ma'am, would you just talk about the facts of the daycare center. Personalities..... (Ms. Stiers is speaking over Commissioner Bryson) Stiers: ...This is what I am saying. I don't see anyone else that is being called on the carpet. What started this was me putting my sign up, which has been up if you will see the minutes of the meeting. I put it up, nobody told me I could not have this sign. But then Mr. Smalley told me the other day, in the City itself I am allowed a 4 x 4 foot sign is what he said at the meeting the other night. My sign is not near that. My sign was to the house like it says, now they want to complain about signs. I brought in and showed and I've got some of the pictures with me if you would like to see `em of signs all over Woodland. Including old vehicles. This makes signs in your window advertising you've got a child that needs assistance, that makes that illegal the way the covenants read. They haven't complained about the State Trooper on the other side of me. They just complain to him about me. But he's got two signs up saying he's got vicious dogs. With a 4' fence and a five rottweilers that you cannot breed according to their covenants. And this man sells them and his State Trooper car with the sign is illegal because the sign... Bryson: I request the testimony be to the fact of the request for the permit. Stiers: I am requesting the permit but I believe Mr. and Mrs. Harris brought up the sign bit. I have requested the permit. It says that I have been okayed. That I am telling you why Mr. and Mr. Harris seem to not want me there. Bryson: Your reference was not to Mr. Harris at this point, ah.. it was... Stiers: ...Mr. Harris was the one that complained about the sign and she brought up the sign and so did the other lady or he did. And I was trying to tell you what was happening on this. I have asked for a permit, I am licensed by the State of Alaska. I have just been re-licensed by the State of Alaska. Like I said, I have done child care, I have taught school, I have several degrees, I am not an idiot that doesn't know what they are doing and just trying to take care of children. I know what I am doing. My children are not noisy, they're not offensive. My children aren't barking early Kenai Planning & Zoning Commission October 14, 1998 Page 6 in the morning or causing my dog to bark when they're out in the ~ yard. And I think I deserve this permit. I used to think Alaska was the nicest place to live and nobody bothered their neighbors, but Ike come to a rude awakening in the last month. Is there any questions on on... my permit? You have the copy of it, you have my floor plan. I would like to ask another question at this time because I don't know when this is brought up. But I do know that all the daycare givers will be in en masse for it. Uh.. it says in this that we're allowed no more than 30% of their space. Fortunately I have a large home. But on your planning and zoning, 30% for a day care giver, and most of us are licensed for eight children, most of us from birth to twelve years old. Now, if you've got a 1,000 square foot home or less, 30%, do you lock them in the bathroom? Or where? You know, if I didn't have this home, I would like to see an exempt made for daycare providers because you have to feed the children. If they take naps, you have to nap them. Uh, they have to go to the bathroom. They have to have a place to play and for their toys. And 30% for most of these daycare providers is not enough. Like I said fortunately I have a large home and can do this. But have I.. had I been in a smaller home it would've taken a 100%. Chairman Glick: Okay, any questions for Mrs. Stiers? Bryson: I have a question. Has a written, actually it's for the staff. Has a written application been received from the owners of the property? Stiers: It is right here in your agenda. Verbatim Ends Kebschull responded no, an application had not been received from the owners, they are not required to be a part of the home occupational use permit process. Kebschull further noted the owner was notified, although she had not received word back from them at that time. Verbatim Begins Bryson: Okay, uh, addressing one comment that was made there, uh, your application was for a home occupation permit... Stiers: Yes Kenai Planning & Zoning Commission October 14, 1998 Page 7 Bryson: ...and its reviewed under that process. If ah you're looking at some other.. ah.. use outside of what's covered for home occupations, an appropriate permit would be a conditional use permit. Stiers: I'm asking for the home occupation permit. Bryson: Okay, thank you. Stiers: What I was trying to explain, I would like to see daycare providers exempt under that. Because of the... on the 30% part. Not exempt under being... getting the permit. None of us mind getting a permit. But like I said, of a small home, 30% you know just is unreasonable. Chairman Glick: Okay, any Commissioners have any other questions of Ms. Steirs? Okay, I guess not at this time. Thank you. Stiers: Thank you. Verbatim Ends Kebschull reiterated property ownership is not required for home occupation permits, the owner is not required to file for the permit. Kebschull noted the owner was notified Ms. Stiers applied for a permit. Kebschull further noted the Commission does not enforce or maintain covenants. Councilman Bannock noted Mrs. Stiers spoke at the Council meeting. He clarified Councilman Smalley's comments (reported by Stiers) explaining, signs are okay within the bounds of home occupation permits. There is not a unilateral sign approval. VOTE BRYSON Yes GOECKE No MAHURIN Yes GLICK Yes WERNER-QUADE Yes NORD Yes GRAVELY Absent Motion passed. b. Amendment to KMC 12.25.030 -- Junk Car Ordinance -- Discussion Chairman Glick opened the item for discussion and inquired if everyone had a chance to look over the recommended changes. Kenai Planning 8s Zoning Commission October 14, 1998 Page 8 Bryson inquired if the intent was strictly for discussion. Kebschull responded for discussion and to determine if the Committee would like to hold a Public Hearing to amend the ordinance. Gallery member indicated desire to testify. Verbatim Begins Gus Rodes, 207 Birch Street, Kenai, Alaska The comments from the City Attorney it says Rodes vs. City of Kenai, I'm the Rodes. So, uh, this particular ordinance that you have here, that has been written up, is similar to the one Anch... the City of Anchorage had that was overturned by the court. Uh.. the amendments to it. There is no real reason for this ordinance to be under Title XII, it should be under Title XIV. In fact, this particular ordinance has got many things wrong with it. For instance: The court when it returned to the District Court, the.. my appeal, stated that the City, that the judge should determine what anon-operating car is. And the City Attorney said in his memo to the court, that anon- operating car was not a junk car. The definitions here are ones of junk cars. This particular ordinance will not stand, and believe me I have been through a lot of junk car ordinances. Um.. the uh.. problem with it is it is really vague. It gives no reason for having a quote junk car ord... a junk ordinance. A junk yard? It could hold up. But a junk car ordinance, no, because it doesn't differentiate between just what is a... why a junk car is any more desirable or undesirable than a non junk car. Is there any questions? I live in a very car orientated neighborhood. If you'll drive down Birch Street you can see how many cars we have. And as far as I know, it is going to stay that way. Chairman Glick: Thank you Mr. Rodes. Verbatim Ends BRYSON MOVED FOR A PUBLIC HEARING FOR AMENDMENT OF KMC 12.25.030 -- JUNK CAR ORDINANCE. NORD SECONDED THE MOTION. Kenai Planning 8a Zoning Commission October 14, 1998 Page 9 ~~ Bryson commented the City Attorney felt the zoning was weak in the area of definition rather than intent and this is his proposal to make the ordinance more defensible. He added, a Public Hearing would be very appropriate. Werner-Quade agreed with Bryson's comment. Nord noted under 2.4 the description is a description of essential components and suggested it be limited to engines, transmissions, drive shafts, etc. Chairman Glick responded the ordinance says "such as" and these are for instance items. Nord responded such wording leaves it open for interpretation and her understanding was they are trying to eliminate interpretation. Goecke commented he believes there has to be some level of latitude as it is impossible to list everything. He added, if a vehicle is sitting longer than 72 hours, it is a junk vehicle. VOTE BRYSON Yes WERNER-QUADE Yes GOECKE Yes NORD Yes MAHURIN Yes GRAVELY Absent GLICK Yes Motion passed unanimously. c. November Meeting Dates -- Discussion Chairman Glick commented the November 11, 1998 meeting would be on a holiday and the November 25, 1998 meeting would be the night before Thanksgiving. Chairman Glick commented he thought they had canceled one of them the year before. Kebschull noted yes, one had been canceled last year. Bryson stated unless there is pressing business, he proposes canceling one of the meetings. Goecke suggested moving November 11 to the 17 and backing November 25 to the 17 and combine two meetings into one day. Kebschull commented that would make the shortest length between meetings if one is going to be canceled. Councilman Bannock commented issues of consistency and public awareness were raised at the last Council meeting. Councilman Bannock further commented he would rather see the Commission cancel one of the dates and maintain the regular schedule for the other date. Kenai Planning & Zoning Commission October 14, 1998 Page 10 Werner-Quade stated she felt comfortable with eliminating the meeting of November 11 and meeting on November 25. Nord stated that would be fine with her. Goecke stated he did not have a preference. Bryson stated it was fine with him also. Chairman Glick stated by general consent, the Council will be asked to eliminate the November 11, 1998 meeting and the November 25, 1998 meeting will be held on schedule. 6. OLD BUSINESS -- None 7. CODE ENFORCEMENT ITEMS: a. Triple T Autobody -- Tom Trible b. Peek A Boo Place Daycare -- Home Occupation Permit -- Shannon Fitt Kebschull stated Mr. Trible came in and submitted/completed the conditional use permit, she noted she was holding it now because Mr. Trible' mother is the owner of the property. Kebschull further commented she had informed Mr. Trible when he filed his application, the next Planning & Zoning meeting may not be on the 11~ due to the Veterans' Day holiday. However, she would notify him of any changes. Kebschull reported she had received many home occupational permit applications in the wake of Ms. Stiers' permit. Kebschull noted Peek A Boo Daycare was an application that had been sent out. 8. REPORTS a. City Council Councilman Bannock reported at the last council meeting Mrs. Stiers spoke and her comments are listed under Item B 1. Councilman Bannock further noted the land for the Public Health Center and part of the hospital (Item C1) was becoming a reality. Councilman Bannock commented on the Preservation Plan, Item C6, was formally adopted. Also approved was $7,000 to complete the outside of the animal shelter for animal drop off. A resolution regarding the Capital Improvement Project List for the year 2,000- -2,002 STIP funding, dealing with paving issues and bike path issues, was also approved. Councilman Bannock reported under Old Business the residency requirement for Vintage Pointe Manor was changed, lowering the Kenai Planning 8v Zoning Commission October 14, 1998 Page 11 amount of time spent in Kenai prior to establishing eligibility for residency. The professional services contract with Mr. Carter garnered a lot of interest. The contract was referred back to the Airport Commission and would be dealt with at the City Council again on November 18, 1998. Councilman Bannock reported on Item 3, ESI has been formally inked for running airport rescue/fire fighting facility. They are the contracted people to manage the facility. Item 10, a proposal for a boardwalk, etc. at Birch Island (an idea that has been discused for many years) was discussed. The project would be built by the State. Councilman Bannock added, this project is still a long way off. b. Borough Planning Bryson reported there have been two meetings since the last City Planning meeting. The meeting of September 28, 1998 was short, all items listed for business were approved. Bryson reported, at the meeting of October 12, 1998, the consent agenda was approved. Item E1, Petition to Vacate Right of Way, was postponed at the request by the petitioner. Item F1, Vacation of Right-of--Way, was denied. He continued, Item F2, a Petition to Vacate a Right of Way, was a request of DOT to retain the highway intersection at 250' and not be vacated. That was generally approved but the 250' is going to be negotiated by the staff to make the best use of the property. Item F3 was approved for vacation. Item F4, Permit Application for a Sand and Gravel Site, was postponed. The remaining items were approved. Goecke inquired regarding Item E 1 from the September 28, 1998 meeting requesting description of the property's exact location. Bryson responded it was on the projection of Ciechanski Road after it turns the 90°. Bryson further noted there was a deed restriction because it was an agricultural tract, the decision was that it could be broken into 40 acre tracts and has been approved. c. Administration Kebschull reported Councilman Smalley had requested information on the TSH property ownership be provided. Kebschull drew attention tot he map on the wall. Kebschull invited the members to visit the web site. She added, meeting information is available there earlier than members could expect to receive their packets. Kenai Planning & Zoning Commission October 14, 1998 Page 12 9. PERSONS PRESENT NOT SCHEDULED: Verbatim Begins Joe Harris, 20? Birch Street, Kenai, Alaska In reference to the ah.. new business on the home occupation permit, do I have any recourse for appeal in this? Or is this a final decision? Verbatim Ends Kebschull replied any decision made by the Planning & Zoning Commission can be appealed to the City Council. Kebschull stated appeals need to be in writing and submitted to the City Clerk within 30 days of the decision. Kebschull further noted, the City Council then has 30 days to hold a Board of Adjustment Hearing. 9. INFORMATION ITEMS: a. Board of Adjustment Decision -- Restrictions Placed on Variance in Five Iron Heights Subdivision. b. Ordinance 179?-98 -- Amending KMC 14.20.150 Conditional Use Permits. c. Planning 8a Zoning Commission Roster. d. KPB Plat Committee Action of 9/15/98. 11. COMMISSION COMMENTS AND QUESTIONS: Commissioner Nord reported the junked vehicle she previously reported about is gone. Nord also thanked Kebschull for putting together the Townsite information. Commissioner Goecke commented he must have gotten Nord's junk vehicle. Goecke further commented he had received a lot of phone calls regarding the home occupational use permit for the daycare and had hoped that another Commissioner would have turned it down also. 10. ADJOURNMENT: GOECKE MOVED TO ADJOURN. MEETING ADJOURNED AT 7:48 P.M. Respectfully submitted, Alison Rapp Contract Secretary Kenai Planning & Zoning Commission October 14, 1998 Page 13