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HomeMy WebLinkAbout1996-12-11 P&Z MinutesCITY OF KENAI ~~ PLANNING AND ZONING COMMISSION **AGENDA** COUNCIL CHAMBERS, 210 FIDALGO December 11, 1996, 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: October 23, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-70-Preliminary Plat-Radar Subdivision No. 2 6. PUBLIC HEARINGS: a. PZ96-73-Conditional Use Permit (Greenhouse and Garden Retail)-Connie Royal, 4806 Strawberry Road, Kenai, AK 99611 (Tract 1, Rocking Bar A Subdivision) ~ 7. NEW BUSINESS: a. PZ96-72-Home Occupation Permit (Beauty/Hair Dresser Shop)-Laverne Arthur Braun, 2795 Watergate Way, Kenai, AK 99611 (Lot 22, Block 1, VIP Park Estates) b. January 8, 1997 Meeting Location 8. OLD BUSINESS: a. Notification on Home Occupation Permits 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning ~. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Notice of Planning Commission Action, KPB, 11/13/96 & 11/25/96 b. Meeting Schedule for 1997 c. Board of Adjustment Decision--Sanders 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: APPROVED 1 CITY OF KENAI PLANNING AND ZONING COMMISSION December 11, 1996 ***Minutes*** 1. ROLL CALL: Members present: Members absent: Others present: Ron Goecke, Barb Nord, Teresa Werner-Quade, Phil Bryson, Carl Glick, Michael Christian Karen Mahurin Councilman Hal Smalley, Administrative Assistant Marilyn Kebschull, City Engineer Jack La Shot 2. APPROVAL OF AGENDA: GOECKE RECOMMENDED APPROVAL OF THE AGENDA AND ASKEED ~` UNANIMOUS CONSENT. MOTION SECONDED BY NORD. AGENDA rbt~PlfED. 3. APPROVAL OF MINUTES: October 23, 1996 CHRISTIAN RECOMMENDED APPROVAL OF MINUTES. GOECKE SEODED AND ASKED FOR UNANIMOUS CONSENT. GLICK NOTED THERE WERE A COUPLE ITEMS THAT NEEDED CORRECTEn: PAGE 18, PARAGRAPH FOUR, FIRST LINE SHOULD BE ROGERS ROAD STEAD Elf INLET WOODS; PAGE 19, PARAGRAPH FOUR, FIRST LINE SHOULD BE MAYf1R WIGS°' ASKING COUNCILMAN MEASLES TO TALK TO THE AIRPORT CO1fA11IItSSfON INSTEAD OF JOE MOORE. CHRISTIAN NOTED CHANGE ON PAGE 21, FOURTH LINE FROM THE SEA COMMISSION COMMENTS, PUBLIC HEARING IS MISSPELLED. ALSO, f~iN THE THIRD LINE THE PEOPLE IN THE NEIGHBORHOOD MIGHT WANT TQ KNOW THAT IT WAS BEING PLANNED. CHAIRMAN GLICK ASKED IF WITH THE ADDED CORRECTIONS THEI~tE I1lERE ANY OBJECTIONS TO UNANIMOUS CONSENT. NONE NOTED. MINUTES APPRt?1/ED. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: None. Planning & Zoning Commission Minutes 5. CONSIDERATION OF PLATS: a. PZ96-70-Preliminary Plat-Radar Subdivision No. 2 Page 2 December 11, 1996 GOECKE RECOMMENDED APPROVAL OF PZ96-70. MOTION SECONDED BY WERNER-QUADE. Glick asked for additional staff comments. La Shot noted the location which is almost to the north city limits and that it is currently zoned light industrial. La Shot noted this will split a large tract. Tract C2 is where the Kenai Economical Development Center is located. La Shot noted the other tract is undeveloped. Nord stated she not certain this will provide access to the North Kenai Road adding that she sees a dedication for an avenue along Tract C1. Nord noted it doesn't show that it provides access. La Shot clarified that it does provide access adding it is Borgen Avenue which runs east and west. Christian questioned if the little wedge between the land in question and road is owned by the state. La Shot stated he doesn't believe it is city adding that it is outside the perimeter of this plat. La Shot stated that typically they don't show everything outside of the platted area. La Shot reiterated that the Borgen Avenue right of way does extend to the Spur Highway. Glick asked for further discussion. None noted. VOTE: BRYSON YES GOECKE YES CHRISTIAN YES WERNER-QUADE YES NORD YES GLICK YES PASSED-UNANIMOUS. 6. PUBLIC HEARINGS: a. PZ96-73-Conditional Use Permit (Greenhouse and Garden Retail)-Connie Royal, 4806 Strawberry Road, Kenai, AK 99611 (Tract 1, Rocking BarA Subdivision) GOECKE RECOMMENDED APPROVAL OF PZ96-73, CONDITIONAL USE PERMIT FOR CONNIE ROYAL ON STRAWBERRY ROAD. MOTION SECONDED BY NORD. PUBLIC HEARING OPENED: LEO T. OBERTS-1440 Chinook Court, Kenai-Oberts stated he had received the letter telling about the permit. Oberts noted he does not have a problem with the permit and would encourage them to go ahead with it. Oberts stated he would like to say he has a larger parcel of land. Oberts stated he has talked to the Commission a few years ago about Planning & Zoning Commission Page 3 Minutes December 1 1, 1996 this and asked the commission to keep a close eye on what is happening through that whole area. Oberts stated that through the years that was where it was expected that the primary area of Kenai would be. Oberts stated that looking at the areas to the east of Strawberry Road is fine country. Oberts stated he should mention that when you get an opportunity some time that he should go through and tell the commission how the City of Kenai was put together. Oberts stated it was not by accident. Oberts noted that much of the land was in some kind of government use at the time and there was noway for growth. Oberts stated that was one reason why we talked about the city coming out this way. Thompson Park was the only way we could go for growth. Oberts commented that looking at it now from that view point he thinks the commission should continue to look at it from that view. Oberts stated that Pillars State Park should be shown as being a state park on the city map as that is what it is. Oberts noted the launching area is all set up. Oberts stated this was all supposed to happen about ten years ago. Oberts noted that this will also create a lot of traffic in this area as that develops. At the present time it is set up for about 70 spots for boats and trailers. That was supposed to have been done this year already. Oberts stated that Mr. La Shot should check on the road going down there but nothing has happened with it. Oberts stated he felt the city should get on the state about it. Oberts noted he is taking this opportunity to speak about it adding that occasionally he can't do this. Oberts stated it is a good approach adding he doesn't know what kind of use it should be or what it should be. Oberts commented that he thinks it is changing adding he thinks we will see a lot of change drawing attention to a new subdivision. Oberts offered to answer any questions. Oberts stated he would like to add that with approval of this he would like to that he would like it noted that he did approve of this. Christian asked Oberts if he was recommending that the city look at that area as a commercial development. Oberts stated he is not saying that at this time noting he was not in a position to do that at that time. Oberts added that the area was set up to be flexible about it and it should be changed. Oberts stated he feels that Mr. Bryson probably remembers when he spoke at one time about this and that it should be looked at. Oberts stated that looking at it now he doesn't feel the entire parcel wouldn't probably be the greatest part to build houses on. Glick asked Oberts if he had property on the Strawberry Road side. Oberts confirmed this adding he also had highway property adding that they probably should be flexible in allowing that it be used in other ways. Oberts drew attention to the state park and the traffic that it will bring in. Christian asked if that was off Silver Salmon Drive? Oberts showed Christian where the park was located on the map. Christian confirmed that is not Silver Salmon Drive and Oberts stated it will be. PUBLIC HEARING CLOSED: La Shot noted that staff has recommended that the permit cover the entire summer rather than a short span which would probably make it easier to keep track of the operation. Planning & Zoning Commission Page 4 Minutes December 1 1, 1996 Goecke stated he would like to take the dates out completely adding that if the Commission is going to give them a CUP for a greenhouse to do so and to forget about dates. Goecke stated there is a need adding that the petitioner may not have thought about it that lots of women in this town would love to have a place in the winter for their plants to carry them over. Goecke noted that there currently is no such place. Goecke reiterated he would like to remove the time frame restrictions. Christian asked Mr. La Shot asked if there has been any indication of how they will be advertising the business. La Shot stated they will be required to follow the sign code in the RR zone. Christian asked if there are any other businesses in that area that would be similar. La Shot stated he didn't believe there were any within the city limits currently operating under a CUP. Christian asked if the ranch is a commercial operation. La Shot stated he didn't believe it is a commercial operation. La Shot noted he has seen a sign advertising a greenhouse but he is not sure what it is. Christian commented that he is having a hard time seeing the venture as a home occupation type of business adding it looks like a commercial business for a limited time of year. Christian added he would like to see the Commission look at that area as a commercial property and change it as a commercial property for commercial activities. Christian commented he would prefer to change it to commercial rather than a residential area with a commercial use. Christian added this would be an ideal location for some commercial ventures. Christian noted that the nearby property owners would see an increase in traffic. Christian stated he felt this could cause problems especially if the business expands which most businesses do. Christian reiterated this is all a residential area. Christian added that since there are not any known businesses on Strawberry Road already that create traffic that he would prefer to see the commission look at this as a change to a commercial zone rather than a conditional use. Bryson commented that the petitioner has requested a CUP instead of rezoning. Bryson stated he presumes they feel it is more likely they would be able to get the CUP rather than a rezoning request that would take longer and may not pass. Bryson, noting he had not driven by the property, that it may be one of the only houses on that side. Bryson added there are houses on the other side of the road but not on this side. Bryson noted that in the past there has been one or more business on the other side. Bryson stated he will personally be supporting this petition. Nord stated she has no objection to the CUP in this case adding she has been in the area many times. Nord stated she believes it is the only house on that side of the street. Nord added there is a house on the other side that has a B&B adding it may not be sanctioned by the city. Nord agreed there is a need for small greenhouses that might be able to help the general public in housing plants during the winter months. Nord added that she didn't know what the intent was. Nord stated she would be in agreement to see it go through the winter months and not just the summer months. Glick stated that if they pass this resolution as it has been presented it does not have a date in the resolution. Glick noted that unless the commission adds a date to the resolution, there is no date restriction. Planning & Zoning Commission Page 5 Minutes December 1 1, 1996 Goecke noted he was going by the staff comments noting that in the past have taken recommendations from the staff have been incorporated into the resolution. Goecke noted he had wanted to get in on record to make that moot. Bryson stated that he was going to comment that he felt six weeks was very restrictive adding they would want to get started several months before and leave it to their discretion when to operate. Bryson commented that the road itself is basically a rural highway, at the very least an arterial road that serves a large area both within and without the city. Glick asked La Shot if the commission had passed a home occupation on Strawberry Road during the past year. An individual from audience noted the bed and breakfast is still there. Glick noted that the commission will be voting on the resolution with no time frame on the resolution. VOTE: WERNER-QUADE YES GOECKE YES NORD YES CHRISTIAN NO BRYSON YES GLICK YES MOTION PASSED-5 TO 1. 7. NEW BUSINESS: a. PZ96-72-Home Occupation Permit (Beauty/Hair Dresser Shop)-Laverne Arthur Braun, 2795 Watergate Way, Kenai, AK 99611 (Lot 22, Block 1, VIP Park Estates) GOECKE RECOMMENDED APPROVAL OF PZ96-72, HOME OCCUPATION PERMIT FOR LAVERNE BRAUN, LOT 22, VIP SUBDIVISION. BRYSON SECONDED THE MOTION. Glick asked for additional staff comments. La Shot noted that a beauty shop type of business is specifically noted in the code as being a home occupation. Nord commented that that subdivision has specific covenants, conditions, and restrictions are limited in that subdivision. Nord noted that one states no lot will be used for anything except for residential purposes. Nord stated she knows the commission is not here to protect covenants and conditions adding she is not sure how the city stands on giving a permit based on this information. Glick noted that since the Commission is not involved in covenants, the Commission can issue the permit and it is up to the people of the subdivision to enforce the covenants. Glick added the Commission has nothing to do with enforcement of covenants. Planning & Zoning Commission Page 6 Minutes December 1 1, 1996 Bryson noting that as he understands this request, they are planning to operate the facility entirely in a separate building from the resident. Bryson asked staff how this fits in the HOP definition as it will be operated in a separate building. Bryson stated to him it is almost like a separate business being run on the same lot. La Shot noted the code talks about 30 percent of the gross area of all buildings on the lot. La Shot added he interprets that to mean that the business could take place in a separate building. Glick asked if there also wasn't a stipulation that it could not occupy more than 30% of the home. La Shot confirmed this. La Shot asked if the applicants were present to answer questions. Mrs. Braun advised there are certain restrictions from the environmental people about operating a beauty shop in a house. Braun stated this makes it important for it to be in a separate building on a separate septic system. Braun stated that this will not be a full fledge business and will only operate two days a week. Braun stated there area lot of older ladies in the neighborhood who can't drive. Mrs. Braun reiterated it will be only a couple days a week adding she is semi-retired. Mrs. Braun noted she had received approval from the environmental people for use of the septic system. Mrs. Braun offered to answer questions. Christian asked if Mrs. Braun had gotten comments from her neighbors as he had requested last month. Mrs. Braun questioned if he meant in writing adding she didn't realize that this was a requirement. Christian stated it wasn't a requirement but he was just asking if she had gotten any comments. Mrs. Braun stated she could. Mrs. Braun noted that the developer is the one who had brought up that she should put the shop in their building. Mrs. Braun added that she had asked the developer to find a place for her to put a shop and he had suggested their shop. Mrs. Braun noted that there are two bed and breakfasts in that restricted subdivision within a block of her house. Werner-Quade asked if there would be a sign. Braun stated no. Werner-Quade clarified that it would be more a place for neighbors and friends to come to get their hair cut. Braun stated there will be no advertising signs and noted that they do have ample off street parking. VOTE: GOECKE YES NORD YES CHRISTIAN NO BRYSON YES WERNER-QUADE YES GLICK YES MOTION PASSED-5 TO 1. Planning & Zoning Commission Page 7 Minutes December 11, 1996 b. January 8, 1997 Meeting Location Christian asked if it would be possible to move the meeting to one week later? Councilman Smalley noted that council will be meeting then so there would still be a problem with meeting space. Goecke asked if we could look into the library again. Kebschull advised the library was available. Agreement to use the library conference room. Kebschull agreed to schedule the library conference room. 8. OLD BUSINESS: a. Notification on Home Occupation Permits Christian commented he would like to see the Commission notify neighbors on all actions noting that so often something will happen and people don't realize it. Christian added that he felt neighbors should be notified on HOPs. Christian stated it is difficult to comment after the fact, after it is approved. Christian stated he felt it important that notification be made. Glick asked if he is suggesting a public hearing or notification. Christian stated he is not necessarily suggesting public hearing because when people come they want to speak and they are generally allowed to do so. Christian stated he would just say notification. Christian noted the code specifies 300 feet and stated if it could include HOPs the commission would be doing a better job. Goecke stated he felt this will delve deeper than what the Commission can do adding at the present time there is not a fee for HOPs and there is for CUPs. Goecke noted the CUPs have the 300 foot periphery. Goecke noted the fee goes toward the postage and the time consumed by staff to make those mailings. Goecke stated the Commission can't realistically say this is what needs to happen as council will need to change the code and make changes so there will be a fee for the HOPs. Goecke stated he feels before the Commission makes such a recommendation they should look and see what needs to be involved in making that kind of a change. Nord stated she felt they need to recommend the change to whoever they need to adding she felt neighbors should be notified. Nord commented she felt they need to give the general public knowledge. Bryson stated that in the distant past HOPs have gone from a situation wherein they were issued by the city staff to where they became an agenda item where action was actually taken on them. Bryson stated that to him it is a big jump to go to an advertised situation where notification is given to adjacent property owners. Bryson stated that typically HOPS are held within a narrow band as to what they can and cannot do. Bryson stated he couldn't think of the situation that has created an obnoxious situation as result of the present procedure adding he has never been notified of a problem. Bryson stated he is not Planning & Zoning Commission Page 8 Minutes December 11, 1996 in favor of creating a fee situation for HOPs. Bryson stated they are basically a shoe string operation to begin with. Werner-Quade stated she would like to echo Mr. Bryson's comments. Werner-Quade stated she speaks form experience noting there are two HOPS where she lives and one generates no traffic and the other very little. Werner-Quade stated she is inclined to agree that the extra money and hassle may be unnecessary because of the limitations placed on that kind of permit. Glick asked Councilman Smalley's comments. Smalley stated that individuals in the council had been contacted by citizens and asked if something could be done to require notification. Smalley noted there is argument either way. Smalley stated that if residents would be impacted by an HOP, they would want to be notified. Smalley stated that on the other hand, they are a shoe string operation, they come within strict guidelines within the code, and to attach a fee could be construed by some to be unreasonable. Smalley stated that by posting it in the agenda in the paper as it is, it is posted. Smalley stated this puts the burden on individuals to make sure they read the agenda. Smalley noted it is this body's move adding if council doesn't like it, they will direct him to let the Commission know their feelings. Glick stated that during his time on this body he cannot remember any time they have passed a HOP wherein it involved hazardous materials or large delivery trucks. Glick commented that he felt they had always been very responsible. Glick stated if there is a problem, then fix it but he doesn't see a problem. Glick added he cannot see the extra expense for people paying for the permits. Glick stated if the Commission wants to see some change, the Commission could as the city attorney to draw up something. Glick noted at this time he doesn't see a majority of the Commission wanting to see a change. Werner-Quade commented that she had noted that the four parking spaces in the beauty shop which had opened her eyes. Werner-Quade added she had then she looked at it closer and realized that this person probably needed a space for cutting friends' hair that is not in the kitchen sink. Werner-Quade commented that this beauty shop is about as far as she is willing to go on an HOP but found it within reason after looking at the plan. Werner- Quade stated she is inclined to agree with Chairman Glick that the Commission has been responsible in the past adding it is quite different when you have a CUP. Christian asked to comment on both Ms. Werner-Quade and Mr. Bryson's comments. Christian stated that Werner-Quade commented that she did react the first time that she heard about this. Christian added that if she had been a neighbor and not known about it in advance the first time people started showing up, she would wonder if the city was looking out after her best interest. Christian stated he feels these are conditional uses, not conditional uses which means they should go through certain processes. Christian stated that the more people who are impacted can provide information on how it should be pursued. Christian stated it looks to him that something that requires a decision that they should have as much input from neighbors as possible. Christian commented that $100 is minimal when starting a business compared to having to move your business to some Planning & Zoning Commission Minutes Page 9 December 1 1, 1996 commercial property. Christian stated that since you are putting a business into a residential area, that $100 is not too high a fee. Werner-Quade reiterated it is not necessarily a business, it could be more like a file cabinet or a space off the garage. Werner-Quade added that in some cases she may agree that it is a business. Christian stated it is an occupation and an occupation is a business. Werner-Quade noted they are granting permits for people who are sewing moccasins in a room in their home. Goecke stated that he feels that the Commission is losing track of the fact that that as Commissioners of this body, appointed by council, have been given responsibilities to uphold the code of the City of Kenai. Goecke stated it is not always going to be something that the neighbors are going to like. Goecke stated they are supposed to take input if it is given and look at it. Goecke added that if it is against the city code, as Commissioner's they must uphold the code of the City of Kenai. Goecke stated he is not for trying to change the code on this HOP. Goecke stated that every decision that they make may upset a neighbor adding that is beside the point. Goecke stated if they meet the criteria from the code, they can operate in their home. Christian commented that Goecke stated that the Commission takes input but if they don't know, we can't get the input. Christian stated he didn't mind stepping on toes if he thinks it is wrong adding he had voted against a couple occupations today. Christian stated he felt they needed more input. Christian added that "she had said her neighbors knew about it" but that he thinks people need to know if something is going to happen in their neighborhood. Smalley noted that when a HOP comes in there is a place for staff comments. Smalley stated that over the years there have been numerous staff comments to take into consideration. Smalley noted the Commission has that in addition to what the code states. Smalley reiterated that HOPs are limited in uses. Smalley stated he can remember those over the years that have brought concern are in small lot subdivisions where there may not be enough room in the driveway for the cars. Smalley commented in those cases that staff had recommended that only so many spaces be used at a time. Smalley stated if there are violations or complaints turned in that would probably generate the city responding to them. Smalley noted there are some protections. Smalley commented that as Mr. Christian states when a person buys a home as a residence, they want to have an idea what is going on. Glick states he sees this has been a good discussion but doesn't see the majority of the Commission wanting to go any further with this. Glick stated that unless Mr. Smalley should come back with further direction from the council, this will be the end of the discussion for now. 9. CODE ENFORCEMENT ITEMS: Planning & Zoning Commission Minutes 10. REPORTS: a. City Council Page 10 December 11, 1996 Smalley noted the copy of the November 13t" agenda in packet. Smalley noted this was the student government day. Smalley reported that Mr. Dorsy spoke about his driveway at his home on Portlock and Harbor being bermed in. Smalley stated the city looked into this and took care of the problem. Smalley noted this was the first problem he had heard of this winter with driveways being plowed in. Smalley noted that all the public hearings had passed, most unanimously. Smalley noted that a couple were amended. The Capital Improvement Projects was amended and the total amount was $13,360,000 of funding that was requested from Juneau. Smalley noted that in visiting with Ashley Reed and looking at availability of funding from Juneau, the city will be fortunate to get funding for item one on the CIP list. Smalley noted that some of the others may be attached to the governor's list. Smalley noted that items 10 and 11 dealt with appropriations and setting aside moneys for assessment of potential contamination at the airport. Smalley noted this set aside funds but it will come back to the council before anything is done. Smalley noted the other area was the city shop area. Smalley stated that the city has been notified by the state that they need to have some project in mind as to how they plan to take care of this. Smalley stated that there was a discussion of moving the Cunningham cabin to a piece of property in Old Town. Smalley noted that this was only a discussion item. Smalley noted their last meeting had been canceled due to a lack of quorum. Smalley reported that Mr. Larry Semmens came on board on December 9t" as the new Finance Director. b. Borough Planning Bryson stated the borough has met twice since P&Z's last meeting. Bryson stated he has been out of town on business and was unable to attend the last meeting and will have to defer to the agenda. c. Administration La Shot drew attention to the results of the Board of Adjustment Hearing for Delmar Sanders. La Shot noted that Mr. Sanders was granted the variance. La Shot drew attention to the calendar for 1997 meetings. Planning & Zoning Commission Page 1 1 Minutes December 1 1, 1996 11. PERSONS PRESENT NOT SCHEDULED: Leo T. Oberts-Stated he intended to mention this when speaking before. Oberts stated he was referring to changes that have occurred over time. Oberts stated that he would like to point out (showed area on zoning map) noting it was set aside as a water conservation area. Oberts stated that Frank Rowley was the owner of the Kenai power company at the time and had come from somewhere in the west. Oberts stated that water was a real problem. Oberts commented that they had the old well no one liked it but the new one has fine water. Oberts commented that Frank Rowley may have had the right idea and noted that the area was so vast probably just because the lines were drawn around it. Oberts noted that these are drastic changes and no one knows what will happen. Oberts stated it would take time to explain. Oberts stated they would like to have water and sewer lines out in his area adding it was supposed to have gone there first and it still hasn't happened. Oberts commented that things change and change fast and there will be a lot more changes in the next five years. 12. INFORMATION ITEMS: a. Notice of Planning Commission Action, KPB, 11/13/96 & 11/25/96 b. Meeting Schedule for 1997 ~. Board of Adjustment Decision--Sanders 13. COMMISSION COMMENTS & QUESTIONS: Nord stated that while she was in San Francisco she attended a Land Use And Planning Environmental forum that was very interesting. Werner-Quade wished everyone a happy holiday. Werner-Quade thanked Ms. Nord for the materials from the planning training session. Smalley wished everyone a happy holiday. 14. ADJOURNMENT: Meeting adjourned at approximately 8:05 a.m. Respectfully submitted: c Marilyn Kebschull Administrative Assistant