Loading...
HomeMy WebLinkAbout1997-03-12 P&Z Minutes~ CITY OF KENAI ~ PLANNING AND ZONING COMMISSION * *AGENDA~ KENAI CITY COUNCIL CHAMBERS March 12, 1997, 7:00 p.m. http://www. Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: February 26, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ97-6-Anglers Acres Subdivision, Lowe Addition b. PZ97-7-Papa Joes Subdivision 6. PUBLIC HEARINGS: ~ 7. NEW BUSINESS: a. Proposed Rezone (Discussion) 8. OLD BUSINESS: a. Review of Title 14-Cabin Definitions--Discussion b. Kennels in Suburban Residential Subdivisions-Discussion 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. .Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. KPB Administrative Approval-Radar Subdivision No. 2 b. Alaska Challenger Learning Center Information (From 6/12/96 Packet) 13. COMMISSION COMMENTS & QUESTIONS: ~ 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION * *AGENDA* KENAI CITY COUNCIL CHAMBERS March 12, 1997, 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: February 26, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ97-6-Anglers Acres Subdivision, Lowe Addition b..PZ97-7-Papa Joe's Subdivision 6. PUBLIC HEARINGS: 7. NEW BUSINESS: a. Proposed Rezone (Discussion) 8. OLD BUSINESS: a. Review of Title 14-Cabin Definitions--Discussion b. Kennels in Suburban Residential Subdivisions-Discussion 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. KPB Administrative Approval-Radar Subdivision No. 2 b. Alaska Challenger Learning Center Information (From 6/12/96 Packet) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION * *MINUTES* March 12, 1997 1. ROLL CALL: Members present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord, Karen Mahurin, Michael Christian Members absent: None Others present: Councilman Hal Smalley, City Engineer Jack La Shot, Administrative Assistant Marilyn Kebschull 2. APPROVAL OF AGENDA: CHRISTIAN MOVED TO ACCEPT AGENDA. GOECKE SECONDED THE MOTION AND ASKED FOR UNANIMOUS CONSENT. NO OBJECTIONS TO UNANIMOUS CONSENT. AGENDA APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES: February 26, 1997 GOECKE RECOMMENDED APPROVAL OF MINUTES OF FEBRUARY 26, 1997 AND ASKED FOR UNANIMOUS CONSENT. CHRISTIAN SECONDED THE MOTION. Glick asked for changes or corrections to the minutes. Bryson stated that on page 3, in the next to last paragraph stated, "Bryson stated that it appears that an encroachment meets the criteria for granting the permit. Bryson noted that this is a situation he didn't create." Bryson stated his intention was to state that the Stantons didn't intentionally create the encroachment. Bryson added he didn't want it inferred that it was him. Glick clarified that Bryson wanted Stanton's name listed. Bryson stated Stanton instead of he. Bryson, stated that on page 4, in the last paragraph, there was a sentence that didn't make sense. Bryson noted he may have said it and would request that the next to last sentence be deleted. Mahurin commented that she has no changes and noting her appreciation of the thorough notes, however, at times it may be better that the minutes not be verbatim. Mahurin stated she felt the Commission would allow Kebschull discretion as to what to put in the minutes. Werner-Quade stated that on page 10, where it says, "Werner-Quade stated she agrees with riumber one," add the word to accept the definition. Also, except need to be changed to accept. Glick asked if there were any objections to unanimous consent. None noted. MINUTES APPROVED AS CORRECTED. Planning and Zoning Commission Page 2 March 12, 1997 Minutes 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ97-6-Anglers Acres Subdivision, Lowe Addition GOECKE RECOMMENDED APPROVAL OF PZ97-6, ANGLERS ACRES SUBDIVISION. MOTION SECONDED BY WERNER-QUADE. La Shot stated there were no additional staff comments. Glick asked the Commission for discussion on the motion. Nord asked where the road is to get to tract one. La Shot stated it got cut off on the copy, noting it is a flag lot. La Shot stated it comes out to Angler Drive on the north property line of tract two. Christian asked if there is a road there or if it will be part of the development. La Sot stated that Angler Drive exists adding that the flag lot and the other lots created adjoin that right of way. La Shot stated they will be private driveways. VOTE: BRYSON YES WERNER-QUADE YES GOECKE YES NORD YES MAHURIN YES CHRISTIAN YES GLICK YES. PASSED UNANIMOUSLY. b. 'PZ97-7-Papa Joe's Subdivision BRYSON MOVED TO APPROVE AS SUBMITTED WITH THE INCLUSION OF THE CITY ENGINEER'S RECOMMENDATIONS. MOTION SECONDED BY MAHURIN. La Shot stated he didn't know well how well the copies were in the packet but noted some of the property lines were faded. La Shot stated that the north/south property line between Lot 4 and 5 faded on his copy. La Shot stated it goes right between a bearing and a distance there. The north/south property lines in back of Lots 1 and 2, between Lot 3 is faded. La Shot stated there is no dedication of right of ways and one flag lot, Lot 5. Glick opened the floor to discussion. Christian asked if there is connection to water and sewer on these lots and if it is available. La Shot stated they will have the ability to connect to all lots. La Shot noted that in this zone, they could connect to one or the other and install a septic system Planning and Zoning Commission Page 3 March 12, 1997 Minutes with 20,000 square feet. La Shot noted that is possible but unlikely. La Shot noted the one easement granted along the north property line of Lot 6 along the panhandle of Lot 5 was dedicated to serve Lot 7 with utilities. Christian asked if there intention was to put them in or just to make it possible. La Shot stated it is there to be used adding if he they ended up with a septic system he would expect Lot 5 or 7. Christian asked if sewer and water was available and La Shot noted along Cinderella and Magic. VOTE: WERNER-QUADE YES GOECKE YES NORD YES MAHURIN YES CHRISTIAN YES BRYSON YES GLICK YES. PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: 7. NEW BUSINESS: a. Proposed Rezone (Discussion) Glick noted the information in the packet. Mahurin stated she did not have a problem with the rezone and would be glad to recommend proceeding. MAHURIN MOVED TO DIRECT STAFF TO PROCEED WITH THE PROPOSED REZONE. MOTION SECONDED BY BRYSON. Glick asked if the Flight Service Station (FSS) had been rezoned and if this would be rezoned the same. La Shot stated yes, Light Industrial. La Shot explained the dimensions stating he tried to pick out usable higher ground along Willow and to extend the present zone. La Shot stated the reason for the 300 feet between the FSS and the proposed animal control lot is that there is a swale through the area that at one time there was fairly wet. La Shot added that it doesn't appear to be that wet anymore. La Shot stated that the rest of that property is usable property. La Shot drew attention to the land use table in the packet. La Shot stated this property is shown on the land use table for long term use as light industrial. Bryson asked about the land use map showing the tower tract across the street as being delineated and that it wasn't shown on the attached sheet. Bryson questioned if it had a tract designation. La Shot stated this information was taken from the borough data base and didn't know if there was a problem with that. La Shot stated the tower does exist almost across the street. La Shot asked what Bryson was asking? Bryson asked if it is platted or needs to be zoned. La Shot stated it is zoned properly adding that he didn't know if the property is platted. Kebschull advised it is a lease property. Planning and Zoning Commission Page 4 March 12, 1997 Minutes Bryson asked about the proposed rezone and water and sewer. La Shot stated there are mains along the road and there are service lines every 100 feet. La Shot commented it makes it convenient to break this into a usable piece. VOTE: GOECKE YES NORD YES MAHURIN YES CHRISTIAN YES BRYSON YES WERNER-QUADE YES GLICK YES. PASSED UNANIMOUSLY. 8. OLD BUSINESS: a. Review of Title 14-Cabin Definitions-Discussion Glick opened the floor for discussion. Bryson stated the attorney's response summarized what had been said and provided documentation as to when the ordinance was modified. Bryson stated he would be amenable to a work session in which appropriate areas were designated for a future not permitted designation. Glick asked for others feelings. Glick noted a general concurrence to set a work session. Glick asked if the Commission wanted to set a time now. Mahurin suggested 6 p.m. before a regularly scheduled meeting. Group consensus on Mahurin's suggestion and the decision was made to set the work session for the next meeting at 6 p.m. (3/26/97 at 6 p.m.~. Smalley asked who would be at the session. Bryson stated he felt the P&Z Commission would be satisfactory. Bryson stated he would personally be looking at situations where it is obvious that facilities of may not be appropriate for a specific area. Bryson explained ones wherein a reasonable case may be made such as crematoriums in an RS zone. Werner-Quade asked if when they complete the work session is it the Commission's intention to have any blanks in the table. Bryson stated his intent would be to place a C if an N was not appropriate. Werner-Quade clarified there would be no blanks. Glick clarified that the consensus that the session would be just the Planning Commission but they would not exclude anyone who wished to participate. Smalley stated that at prior discussion they talked about legal opinion and possibly having the attorney present. Kebschull advised that Mr. Graves had stated he would attend a work session is they requested that he do so. Glick asked if they should ask the attorney. Christian stated he felt it would save time to have questions answered during the meeting. Planning and Zoning Commission Page 5 March 12, 1997 Minutes ~ Kebschull informed the Commission that they may need council approval for the work session but that she would clarify it and take whatever steps necessary to schedule the meeting. b. Kennels in Suburban Residential Subdivisions-Discussion Glick stated he felt that this topic would go along with what they will work on in the work session. Christian stated the attorney's suggestion is to put it in the animal control section because of enforcement. Christian asked La Shot if they came up with a definition of animal breeding as opposed to kennels. Kebschull advised she had discussed it with the attorney. Kebschull noted he had stated it was basically a moot point because anything over three dogs require a kennel license and it would be covered under the kennel definition. Christian asked if animal breeding means kennels. Kebschull clarified if they have more than three animals. Christian noted that if they include something in Title 3, under 3.15, Christian noted he had looked at the section and they have licensing procedures under 3.15.02. Christian stated it is further separated under their letters a, b, c, d. Section a covers application and section b covers "shall Hots." Christian read, "Animal control office shall not issue a license under this chapter to any person who has been convicted of neglecting an animal or cruelty to animals. Christian stated he felt this may be a good place for them to add any attachments if they decide to do so. Christian read a draft, "Animal control office shall not issue a license under this chapter to any person living in an RS zone, or an RS 1 zone or in a small lot subdivision" or whatever and that way it would fit nicely with the other statements. Bryson stated in general he would support something of that nature but would think they could identify which zones were inappropriate and allow the city attorney to place it in the appropriate place in the code. Bryson noted his preference is that kennels be restricted from placement in RU, RS, RS1, and RS2. Nord questioned RU and Bryson noted the high density residential zone. Christian stated he would support that adding he feels they will get some opposition. Bryson stated he would like to add the TSH zone. Goecke stated he would be in favor of taking it inclusive of anything within the city limits of Kenai that no kennel permits be issued. Mahurin stated she would go for the RU and TSH zones. Mahurin stated she had a slight problem with the RS zones. Nord suggested the RS, RS2, RU, and TSH zones. Bryson asked La Shot the lot designation for RS1. La Shot stated 12,500 with water and/or sewer and 20,000 without. Planning and Zoning Commission Page 6 March 12, 1997 , Minutes Glick stated if they were going to make the change it would require a public hearing. Glick suggested asking the attorney to draw something up and then have a public hearing. Christian stated they would need a consensus of which zones to include. Nord asked about grandfathered kennels. Werner-Quade stated it is an annual renewal. Goecke stated it would be hard to deny a permit if they already had one. Christian stated it would be possible to give a time period to work their way out such as a three or five year period. Glick stated that based on the discussion they could have the attorney draft language and then they could finalize among themselves which zones. Then after that, they could hold a public hearing. Christian asked if they should think in terms of small lot subdivisions or just in terms of zones. Bryson stated he felt they should think in terms of zones so as not to allow one area protection that you are allowing another. Glick asked La Shot to work with the attorney on this. 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council Smalley reported that under public scheduled comment they heard from Bill Coghill who gave the financial report of the city and everything is great. Smalley noted that in the letters written, there were no exceptions stating that corrections needed to be made. Amy Williams came and discussed putting up a fence in TSH zone at the cooperative preschool. Smalley stated that was approved. Bill Kluge spoke about a proposed animal control shelter. Smalley advised that when they originally started to discuss this the price had risen drastically. Smalley stated they have scaled some things down and Kluge brought back a proposal to the body at 5484,000 which is approximately 5145 square foot. Smalley noted the material he is suggesting is the same as being used on the Ninilchik School which had two bidders from this area. Smalley noted that school is being built at less that 5145 square foot so it may come in less if they bid the shelter. Smalley reported Item 2 dealt with the contract for fuel service with Mapco and splitting the award, both failed. Smalley stated they are back where they have been purchasing fuel at the Airport Fuel Service. Smalley stated they will continue to deal ~ with the issue until it is resolved. Smalley stated that some of the council feels they should be taking care of their own fueling and others feel they should get out of the business because of potential fuel hazards. Smalley stated that at the present location they can obtain fuel 24 hours a day. Planning and Zoning Commission Page 7 March 12, 1997 Minutes Item 3 involved a request for 55000 from the airport fund to put in a rolling gate for the new restaurant which was denied. Council advised the new lessee could put in the gate at their own expense. Smalley noted that the lease is 5810 per month and expending the 55000 would take a long time to recoup. Item 4 was removed. Items 5 through 8 passed unanimously. Smalley noted there is new radar coming to the city. Item G, under Old Business, involved Chris Garcia on Beaver Loop who has a structure that is sitting on property deeded to the city at the park area. Smalley stated there will be an investigation into Martha Cunningham's remaining heirs to see if they have objection to an equal swap or a purchase by the Garcia's. Smalley noted that when the city was given that land it was to remain in recreational kinds of uses for children. Smalley noted that 25 to 30 years ago a boat launch was put in and that is used a lot now. Smalley stated they are trying to work the problem out and the city wants to make sure they have not nullified the arrangement with the Cunninghams. Smalley noted the investigation will be done at Garcia's expense. Mahurin asked Smalley to explain this further. Smalley stated it is a long story and related a fence had been put in which there was question as to if it was on the property line. La Shot noted it is well off the property line. La Shot noted it is about 16 feet over the line. Glick questioned if he did this based on the fence location. Nord asked if it is a pad. La Shot noted there is footings and a wall. La Shot stated he was with the city when the fence was put in. La Shot stated it was put it based on the edge of where he had been mowing and to keep people from the park onto his property. La Shot stated that after the fence was put in he had spent several hours explaining to Mr. Garcia where the fence was and where the property line. La Shot noted he does believe that Garcia knew where the property line was adding he did not have a building permit or a plot plan. Mahurin asked Smalley to restate the city's position. Smalley stated they have discussed several options including moving the footings, another to swap land, to allowing the purchase of a piece of property. Smalley noted this has been being worked on since last fall. Mahurin commented she felt this could be precedent setting for the city to trade if someone knowingly builds on city property. Smalley stated that looking at the deed the city may not have an option except that it must be moved. Smalley reiterated the Garcias will be responsible for contacting the Cunninghams. Smalley noted nothing has been decided. Under New Business, work sessions were set for the budget. They will be Thursday evenings in council chambers at 7 p.m. beginning April 10th. They set three and if they need a fourth they will set a meeting. Smalley noted the Commission is welcome to attend and participate. Under Item 4, New Business, the Mayor talked about potential trips. One will be to the Sakhalin Islands to visit the mayor their and oil companies. Part of this will be in ~ conjunction with the fire training center. Smalley stated the oil companies are very interested in this. Smalley noted the Mayor may go on one or more of these trips. Smalley noted that when the Mayor travels he usually travels at someone else's expense, other than the city's. Planning and Zoning Commission Page 8 March 12, 1997 Minutes b. Borough Planning Bryson noted there are two agendas in the packet, the first the plat agenda. Bryson noted he had been at a work session and did not attend. Bryson reported all 12 plats were approved. On the regular agenda, the consent agenda approved. Item E, 1 and 2, Bryson noted P&Z had recommended approval. Bryson noted that the City of Soldotna had several problems and requested modification. For example, present wording restricts walks to be constructed across the full width of property. Bryson stated Soldotna's intent is for full traffic along long stretches. They requested modification. Bryson noted the likely outcome will be breaking it into small lot situation and a large tract wherein access is desired for a long distance. Item E3, was a proposed ordinance to allow neighboring property owners to have prior rights and be allowed to match the high bids for borough bids for land. This was recommended to be defeated unanimously at the planning commission. Bryson noted this will go on to the assembly. Under Item F1, the borough proposed upgrading the waste handling site in Sterling. Approval was recommended. Item F2, involved a gravel site wherein the individual had requested a waiver of some of the conditions for gravel pit development. Bryson noted this is in Anchor Point and is a small lot with gravel pits on three sides. The owner had requested to excavate to water level which is where the adjacent pits are. This was approved. Planning waiver Item H 1, was approved. Item L1 which authorized a sale in Point Possession was postponed. Bryson noted this would require a 20 plus mile road be constructed to access the area. Bryson noted the proposed purchaser had wanted to lessen the price by the amount spent on the road. Bryson noted the working group met before the regular meeting. Bryson noted they were addressing water table problems which will continue at the next meeting. c. Administration La Shot reminded the group of the Airport Commission meeting regarding the Airport Master Plan. La Shot stated they now have the public review draft available of the Kenai River Master Plan and noted he is trying to obtain copies for everyone. La Shot noted that regarding Forest Drive the state recently sent team of engineers to begin scoping the project. La Shot stated they will do some preliminary planning and set a public hearing. La Shot stated the state has 54.5 million budgeted but don't know if that will be enough. La Shot stated they may end up with an urban section along Forest and some other type along Redoubt. Mahurin noted because she works at Sears Planning and Zoning Commission March 12, 1997 Page 9 Minutes there is a major problem with children trying to cross Forest to get to the school. La Shot noted there will be a time to bring up all those concerns. Kebschull advised she will not be at the next meeting and Debbie Fahnholz will be here to cover the meeting. 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. KPB Administrative Approval-Radar Subdivision No. 2 b. Alaska Challenger Learning Center Information (From 6/12/96 Packet- Glick asked Goecke if the Challenger information was the information he had requested. Goecke stated yes. 13. COMMISSION COMMENTS & QUESTIONS: Smalley advised that council had met in a work session and went through applications for city manager. Smalley stated they now have six applicants. Now, they will start over and rescore all of these six candidates. Smalley stated that of the 8 they initially screened to, there were four of them that had received either five, six, or seven votes from the group of seven council members. Smalley noted that two had to be excluded because they didn't meet the minimum qualifications which were originally advertised. Smalley noted that one of those was his second highest score. Smalley noted the article in the paper last week regarding this. Smalley stated he will be traveling to Seattle this weekend with a group of 15 to 20 teachers statewide to visit the Seattle Learning Center. They will tour the center and see what is there in comparison with what is planned for the Center here. Smalley noted he and Councilman Bannock will be representing the city. 14. ADJOURNMENT: Meeting adjourned at approximately 8 p.m. Res ectfully submitted: ~~~~~° , Maril n Kebschull Administrative Assistant