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HomeMy WebLinkAbout1998-12-23 P&Z MinutesAGENDA ~i ~ CITY OF KENAI ~~ PLANNING & ZONING COMMISSION I~ENAI CITY COUNCIL CHAMBERS ..December 23,1998. - 7:00 p.m. http://www.ci.kenai.ak.us 1. CALL TO ORDER: a. Roll Call b. Swearing In New Commissioners c. Agenda Approval d. Approval of Minutes: November 25,1998 e. 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,wi11 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. PZ98-55--An application for a Conditional Use.: Permit for an autobody shop for the property described as LotC, Michael C. Pe1ch Homestead; 3520 Beaver Loop Road, Kenai, Alaska.; Application submitted by Tom Tribble, 3520 Beaver Loop Road, Kenai, :Alaska.: Continued from November 25; ;1998 meeting. b..-PZ98-58--A resolution of the Planning & Zoning Commission of the City of Kenai, Alaska; amending xMC 14.:20.280 to add the requirement of posting property involved in proceedings which. require public hearings. Continued. from November 25, 1998 meeting. c. PZ98-63--An application for an Encroachment Permit for side yard setbacks for the property described as Lot SOA-2 Ellerman Subdivision, Addition No. 1. Application subYnitted,by Tony, A: Cobb; =.12114th Avenue,;Kenai;.Alaska. 5: NEVV -BUSINESS: ~ a. *PZ98-61--An application for a Home :Occupation Permit .:for a CB. Radio Repair Shop for the prpperty described:as Highland. Mobile-.Home Park, Lot 36; -5125. Silver Salmon Drive, #36, Kenai, Alaska... Application submitted by,Roger Van Ordstrand, 5.1.25 Silver Salmon Drive,, #36, Kenai, Alaska. b: , *PZ98-62--An application for a, Home Occupation Permit for a Daycare: for the property described as Lot 11, Block N, Woodland Subdivisiop Part 4,:1035 Redoubt Avenue, Kenai,-Alaska. Application submitted by Kathy Smith, 1035 Redoubt ,Avenue.,, Kenai, .: ,. Alaska. Planning & Zoning Commission Page 2 Agenda December 23, 1998 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. Letter of appointment to Robert J. Newbry b. Letter of appointment to Donald R. Erwin c. Planning Commission Roster d. KPB letter dated 11/24/98 regarding Horseshoe End at River Bend S/D Garcia Addition e. Ordinance No. 1803-98 f. KPB Administrative Approval Horseshoe End at River Bend S/D Garcia Addition g. KPB Planning Commission Schedule for 1999 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: i REGULAR MEETING OF THE CITY OF KENAI PLANNING 8s ZONING COMMISSION DECEMBER 23, 1998 - 7:00 P.M. KENAI CITY HALL CHAIRMAN CARL GLICK, PRESIDING *** MINUTES *** 1. CALL TO ORDER Chairman Glick called the meeting to order at 7:00 p.m. a. Roll Call Members Present: Ron Goecke, Barb Nord, Donald Erwin, Robert Newbry, and Glick. Members Absent: Phil Bryson Also Present: Councilman Hal Smalley, Administrative Assistant Marilyn Kebschull, Contract Secretary Victoria Askin b. Swearing in New Commissioners Kebschull administered the oath to new Commissioners Erwin and ~ Newbry. c. Agenda Approval GOECKE MOVED FOR UNANIMOUS CONSENT, NORD SECONDED. AGENDA WAS APPROVED AS PRESENTED. d. Approval of Minutes: November 25, 1998 GOECKE MOVED FOR UNANIMOUS CONSENT, NORD SECONDED. MINUTES OF NOVEMBER 25, 1998 WERE APPROVED AS WRITTEN. e. Consent Agenda GOECKE MOVED FOR UNANIMOUS CONSENT FOR APPROVAL OF PZ98-61 AND PZ98-62, NORD SECONDED. 2. SCHEDULED PUBLIC COMMENT: None 3. CONSIDERATION OF PLATS: None 4. PUBLIC HEARINGS - Planning & Zoning Commission December 23, 1998 Page 1 a. PZ98-55 - An application for a Conditional Use Permit for an autobody shop for the property described as Lot C, Michael C. Pelch Homestead, 3520 Beaver Loop Road, Kenai, Alaska. Application submitted by Tom Tribble, 3520 Beaver Loop Road, Kenai, Alaska. Continued from November 25, 1998. Chairman Glick stated this is a continuation from the November 25, 1998 meeting and asked for wishes of the Commission. NORD MOVED TO APPROVE PZ98-55 WITH THE CONTINGENCIES SUGGESTED BY THE STAFF. GOECKE SECONDED. No public comment. Kebschull related to the Commission that a letter had been sent to Mr. Tribble outlining the contingencies. No answer had been received to date. GOEKE CALLED FOR QUESTION. VOTE ERWIN Yes GOECKE Yes NORD Yes NEWBRY Yes CLICK Yes b. PZ98-58 - A resolution of the Planning 8s Zoning Commission of the City of Kenai, Alaska amending KMC 14.20.280 to add the requirement of posting property involved in proceedings which require public hearings. Continued from November 25, 1998 meeting. NORD MOVED FOR APPROVAL OF RESOLUTION. ERWIN SECONDED. Public Hearing Begins Mark Schrag, Kenai, Alaska. Mr. Schrag spoke in support of the resolution. Areas like Woodland probably are not a problem because the houses are close together. However, in outlying areas where lots are larger and further apart, people are not as aware of property involved in proceedings requiring public hearing. He stated the signs would help make it possible for citizens to be more aware and involved in their neighborhood. JoAn Buzzell, 1103 Aliak, Kenai, Alaska. Ms. Buzzell stated her strong support of the resolution, especially after the problems caused Planning & Zoning Commission December 23, 1998 Page 2 with the Chumley property. In addition, the people within 300 square feet only receive written notice and notices in the newspaper are not sufficient. Public Hearing Closed Glick related for the new Commissioners' benefit, the idea behind the resolution is to place responsibility on the applicant to come to the City to get the signs, post them and then remove them once proceedings are completed. Kebschull stated the Planning 8v Zoning Commission had been requested to review notification procedures involving applications involving public hearings. Nord indicated her intention to vote in favor of this resolution. She feels it is better financially for the City than to send out notices to people within a 1000' radius and places the responsibility on the applicant. Goecke suggested the resolution be held over as he is against it because he believes the City is getting into a knee jerk reaction. He is still against it and will be voting no. Erwin noted he had read the past information and asked for clarification regarding the signs being on all roads adjacent to the property and it being the responsibility of the applicant to remove the signs. He further asked if there was a penalty if the signs were not removed and could the permit be revoked. Glick answered the signs would be posted on all roads so people driving by could see them. He added, he did not remember reading there would be a penalty or the possibility of permit being revoked. VOTE GOECKE No NORD Yes ERWIN Yes NEWBRY Yes GLICK Yes c. PZ98-63 - An application for an Encroachment Permit for side yard setbacks for the property described as Lot 50A-2 Ellerman Subdivision, Addition No. 1. Application submitted by Tony A. Cobb, 1211 4th Avenue, Kenai, Alaska. GOECKE MOVED THE APPROVAL OF PZ98-63 ENCROACHMENT PERMIT. NORD SECONDED. Planning 8v Zoning Commission December 23, 1998 Page 3 Public Hearing Begins Barry Eldridge, 2679 Bowpicker, Kenai, Alaska. Mr. Eldridge stated he was in attendance to answer any questions. The house was built by Habitat for Humanity by a lot of volunteers. The house was moved back once to ensure the 25' clearance. Apparently, when this was done, the house was cocked a bit on the lot so one corner of the house is 1 / 10~ of afoot closer to the road. The Cobbs are the homeowners, but he will be glad to answer any questions on behalf of Habitat for Humanity. Public Hearing Closed Kebschull noted Mrs. Cobb did call to relate they were having car problems so they couldn't be here tonight. Nord expressed her disappointment at not being able to do what the Commission was planning to do last year. She felt this was a waste of time to talk about an 11/4n or 11/2", therefore, would vote in favor. VOTE NORD Yes NEWBRY Yes ERWIN Yes GOECKE Yes GLICK Yes MOTION PASSED UNANIMOUSLY. 3. NEW BUSINESS -All passed under Consent Agenda 4. OLD BUSINESS -None 5. CODE ENFORCEMENT -None 6. REPORTS a. City Council Councilman Smalley directed the Commission to the Agenda with notations from the December 2, 1998 and December 16, 1998 meetings. On the meeting of the 16~, Item C, all items passed. Items 1 and 2 dealt with the Multi-Purpose Recreational Facility to be built on a piece of property by the high school on the same parcel of property the Challenger Learning Center will be positioned. This will be on the back side of that lot towards Rogers Road. Under Item H, Item 4 was approved. Item 5, Councilman Bannock was reappointed as the director to the Challenger Learning Center. Planning & Zoning Commission December 23, 1998 Page 4 He will need an alternate and they are looking at Smalley's replacement on the Council being that alternate. Mayor Williams was the other Board of Director member appointed and his backup is City Manager Mr. Ross. Item 6, Airline Support, Inc. were not able to attend the meeting. They have been invited to come down. At the time of discussion they did not have their ticket and were also waiting for further confirmation on the type of aircraft they would be using. They did call the Airport Manager and indicate issues were resolved and they are planning on coming to the City the 2nd or 3rd of January. It is a new company. They plan on eight flights per day and evening to and from Anchorage and twice to Homer and back. There was some discussion on the dipnet fisheries this summer. One item that will come up at the Board of Fish in February, if the City can get on the agenda, will be a possible closure from midnight to 6:00 A.M. to allow at least part of the tide for fish to make their way up the river. Right now it is open 24 hours. The city will also request more enforcement and seeing about working on the south side of the River to provide better sanitation as there is none there at this time and it is quite a problem. Consideration of the EVOS proposal would include a parking lot facility on the far side with a road going out to it where they could set up porta- potties. There was some discussion regarding the Kenai Peninsula Animal Control Ordinance. The Borough is attempting to offer the City $25,000 to travel outside the City and Borough areas primarily in cases where it is reported there is a rabid dog or a vicious dog. It was felt if those were the only two reasons the City would respond, then most calls coming in would be for those reasons. Presently the City houses a number of dogs from outside the City in the facility. Last year there were in excess of 1100 animals put down in the facility, some 500+ of those animals were picked up outside of the City. Of the other numbers that come through, there is a number that are picked up in the City that aren't dropped off at the facility but may be brought into town and let go. The other issue discussed was if an animal comes from outside the City, there are potentially two ordinances that would impact that animal and the City would prefer its ordinance be followed instead of two ordinances. Smalley added, council felt the City could not provide this type of service for the amount of monetary gain the Borough was offering. There will probably be further discussions in the future. Item 9, Aviation Consulting Services. This is the route the FAA would prefer the City go through. This is a continuation of the Planning & Zoning Commission December 23, 1998 Page 5 discussion as to the feasibility of a potential cargo airport at the City sometime in the future. Mr. Carter, who was initially considering doing this project, has stepped away from it. This issue has gone back to the Airport Commission and Council and the City administration brought this proposal to council to help identify individuals and their background that would be interested in submitting a proposal for this project. The scope has been narrowed down to two questions: 1) What is the potential of expansion to cargo industry in Alaska that cannot be met by Anchorage/Fairbanks? 2) Is there a potential for the City of Kenai to be involved in this. If the answer to those two questions come back "no", case closed, no more study. If it comes back there is a potential, then the Council will have to reach the decision of whether or not to extend the project further from an investigative standpoint. The Council is taking this route and in January they will proceed from there. Goecke commented regarding Item H8. He reiterated his position against the shelter since its inception and believes the Borough was not interested in helping defray the cost at the time or before it was under construction because right now they are getting the services for free. Further, Goecke feels $25,000 from the Borough at this time is almost like a slap in the face. His personal feeling is to tell the Borough to build their own, at least then the City of Kenai taxpayers are only taking care of a small portion of the cost and the rest of the Borough gets to help with it. $25,000 means one more vehicle and one more person on the payroll and everyone knows it is not possible to hire a person or even buy a pickup for that. Mr. Smalley replied the consensus of the Council was the $25,000 being offered by the Borough would not begin to cover the services the city now provides. It was also felt the Borough would have to come a long way before the City has an interest in this area. Goecke asked for clarification regarding the City of Soldotna not accepting animals from out of their city limits. Smalley answered, if an animal comes to the shelter and it is identified as a non- resident, he believes that is true. However, the City of Soldotna has responded to some out-of--city calls in the past, but not to the extent the City of Kenai has. Smalley related this is his last Planning 8v Zoning Commission meeting. He offered his welcome to new Commissioners Erwin and Newbry. Councilman Bannock will be filling in through January until the Mayor and Council appoint a replacement. He did not know if that would be Councilman Bannock or not, although Bannock has expressed an interest. The Mayor will be Planning 8v Zoning Commission December 23, 1998 Page 6 making a recommendation and Council generally takes Mayor's recommendations. That will probably happen the first meeting in February. Smalley commented briefly on the article in the newspaper today regarding election of Commission members. The Mayor made the request and was ready to appoint the members for the Planning & Zoning Commission but agreement was split regarding the Mayor appointing two or three positions. Smalley recommended all three positions be replaced because interviews had been conducted and applications were on file. Other council members suggested they would like to wait until after Smalley's position is filled to find out if there are individuals who may have applied for his position on Council that may have an interest in serving on Planning 8v Zoning. He didn't know if additional interviews would be conducted or if specific questions would be asked of those individuals not selected. With his position replacement, that person will be appointed for the balance of this calendar year and in the fall, the position will become open on the ballot for one calendar year, then it will be back in its normal three year cycle. b. Borough Planning Glick noted Mr. Bryson is not present but information is included in the packet. c. Administration Kebschull reported the Commission would be receiving a Conditional Use Permit at the second meeting in January for the Challenger/Multi-Use Facility property. Councilman Smalley mentioned earlier this is the property next to the high school. This will be done with permission of the Mental Health Trust, who currently owns the property. It will take until probably early March for that property transfer to take place from the Mental Health Trust to the Borough to the City. Kebschull also mentioned the Planning 8s Zoning training and Council's discussion and asked Smalley to relate information. Smalley stated the City Clerk looked into some of the training that could have been available sometime in January. That proposal was to bring in an individual locally and then two from Anchorage. When it was described to Council, their impression was it was a "How to be a Commissioner" training and were afraid it was someone coming in to train the Commission how to interpret the City Code. The points discussed by the Commission and related to the Council are in light of the fact the Commission will be going Planning & Zoning Commission December 23, 1998 Page 7 through Ordinances and Codes, Land Use Plans and the Comprehensive Plan in the near future and trying to bring all into harmony. Council went further on to suggest it was their impression this training would be amulti-purpose training for all Commissioners and how to serve in that capacity for the City. That probably will be what comes up first. Smalley encouraged the Council to think about some additional training specific to Planning and Zoning that might give some assistance, especially in the future dealing with those three books. Council will further discuss this issue at the second meeting in January and set something up for February or March. They are also looking at cost. He believed the initial cost was $5,400 for atwo-day course. Public Comment JoAn Buzzell, 1103 Aliak, Kenai, Alaska. Ms. Buzzell stated she has been here for 20 years. When they were having their problem with Mr. Chumley, Ms. Kebschull was very helpful getting the books they needed and several people in their group had the Zoning Code book, Planning & Zoning handbook and the Kenai Comprehensive Plan . They studied those books and went through them chapter and verse and that was how they won their appeals. Mr. Goecke stated at the Senior Center two weeks ago that he went with what was best for the City. Ms. Buzzell asked if you don't go by the books the City has written for your instruction, is that best for the City? They went by the books and laid them out before the Council chapter and verse. She would recommend that each Commissioner get those books and study them and it would be a big help and a $5,400 training may not be needed. 7. PERSONS PRESENT NOT SCHEDULED -None. 8. INFORMATION ITEMS: a. Letter of appointment to Robert J. Newbry b. Letter of appointment to Donald R. Erwin c. Planning Commission Roster d. KPB letter dated 11/24/98 regarding Horseshow End at River Bend S/D Garcia Addition e. Ordinance No. 1803-98 f. KPB Administrative Approval Horseshoe End at River Bend S/D Garcia Addition g. KPB Planning Commission Schedule for 1999 Planning & Zoning Commission December 23, 1998 Page 8 9. COMMISSION COMMENTS & QUESTIONS Commissioner Goecke wished Councilman Smalley the best and welcome to the two new Commissioners. He thanked Kebschull for her part in the "junk vehicle" ordinance so it gets taken care of and may remove an eyesore. Goecke also expressed his hope everyone have a very Merry Christmas and Happy New Year. Commissioner Nord welcomed the two new members and wished Councilman Smalley the best in his endeavors in Juneau. She added, she knew the city would be well represented. She further thanked Kebschull for the Preservation Plan and wished everyone a Merry Christmas. Commissioner Erwin expressed his thanks for the welcomes and had one request. He felt the training and the books would be handy but so would guidance from his fellow Commission members regarding the way things are done and potential pitfalls. Merry Christmas to everyone. Commissioner Newbry thanked everyone for the welcome, was glad to be here and Merry Christmas to everyone. Commissioner Glick wished Councilman Smalley the best as he moves on to bigger and better things and added, the Commission would miss his comments and help. He wished the new Commissioners the best and everyone a Merry Christmas and Happy New Year. 9. ADJOURNMENT GOECKE MOVED TO ADJOURN. MEETING ADJOURNED AT 7:43 P.M. Respectfully submitted, ~/ Victoria Askin, Contract Secretary Planning & Zoning Commission December 23, 1998 Page 9