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HomeMy WebLinkAbout1997-07-23 P&Z MinutesCITY OF KENAI PLANNING AND ZONING COMMISSION * *AMENDED AGENDA* KENAI CITY COUNCIL CHAMBERS July 23, 1997 - 7:00 p.m. http://www . Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: July 9, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ97-36-Preliminary Plat-Highlands Subdivision No. 2-A resubdivision of Block 4 and Killdeer Court R.O.W. Vacation b. PZ97-37-Preliminary Plat-Original Townsite of Kenai -Rainbow Addition 6. PUBLIC HEARINGS: a. PZ97-34-Conditional Use Permit-Bed & Breakfast-406 S Forest Drive (Lot 1, Block 6, Redoubt Terrace Subdivision, Kenai, Alaska. Applicant DeWayne & Diane Craig. 7. NEW BUSINESS: a. PZ97-38 (PZ88-16) Transfer of Conditional Use Permit from Hollier to Zubeck 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Agenda July 23.doc CITY OF KENAI PLANNING AND ZONING COMMISSION ~) * *AMENDED AGENDA* KENAI CITY COUNCIL CHAMBERS July 23, 1997 - 7:00 p.m. http://www. Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: July 9, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ97-36-Preliminary Plat-Highlands Subdivision No. 2-A resubdivision of Block 4 and Killdeer Court R.O.W. Vacation b. PZ97-37-Preliminary Plat-Original Townsite of Kenai -Rainbow Addition 6. PUBLIC HEARINGS: a. PZ97-34-Conditional Use Permit-Bed & Breakfast-406 S Forest Drive (Lot 1, Block 6, Redoubt Terrace Subdivision, Kenai, Alaska. Applicant DeWayne & Diane Craig. 7. NEW BUSINESS: a. PZ97-38 (PZ88-16) Transfer of Conditional Use Permit from Hollier to Zubeck 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Agenda July 23.doc CITY OF KENAI PLANNING AND ZONING COMMISSION July 23, 1997 Chairman: Carl Glick *** MINUTES *** 1. CALL TO ORDER AND ROLL CALL: Chairman Glick called the meeting to order at approximately 7:05 p.m. Members Present: Carl Glick, Teresa Werner-Quade, Barb Nord, Phil Bryson, Members Absent: Karen Mahurin, Michael Christian, Ron Goecke Others Present: Administrative Assistant Marilyn Kebschull, City Engineer Jack La Shot, Councilman Duane Bannock, Contract Secretary Barbara Roper Quorum was established. 2. APPROVAL OF AGENDA: Chairman Glick stated that Mr. Zubeck brought in an application for transfer of a Conditional Use Permit and it didn't get put on the agenda as it came in too late to include it. Chairman Glick asked the members if there were any objections to bringing it up tonight. Copies of the application were given to members and staff present. With no objection noted, Resolution PZ-88-16 was added to the agenda under New Business. Commissioner Bryson then stated for the record that he didn't know what the subject is but he will be abstaining from voting as he is presently doing work for Mr. Zubeck in private subdivisions, probably separate from this. Chairman Glick stated that it was no use putting it on the agenda then as there would be no quorum vote. Mr. Zubeck stated from the audience that it has nothing to do with subdivisions, it is a transfer of a gravel permit. Commissioner Bryson stated that he'd leave it to the Commission, he further stated that he recently finished the design of water, sewer and streets on Mr. Zubeck's project. Chairman Glick asked if the application for transfer had anything to do with the project Commissioner Bryson worked on. Commission Bryson stated he assumed not. Chairman Glick stated the application for transfer will go on the agenda and after Mr. Bryson read the application and felt he had to abstain then we won't vote on it. BRYSON MOVED TO APPROVE THE AGENDA. MOTION WAS SECONDED BY WERNER-QUADE WHO ALSO ASKED OF UNANIMOUS CONSENT. AGENDA WAS APPROVED BY UNANIMOUS CONSENT. Planning & Zoning Commission Minutes July 23, 1997 Page 2 3. APPROVAL OF MINUTES: WERNER-QUADE MOVE TO APPROVE THE MINUTES OF JULY 9, 199?. BRYSON SECONDED THE MOTION. THE MINUTES FOR JULY 9, 1997 WERE APPROVED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: None 5. CONSIDERATION OF PLATS: a. PZ-9T-36 -Preliminary Plat -Highlands Subdivision No. 2 - A resubdivision of Block 4 and Killdeer Court R.O.W. Vacation. MOTION: NORD RECOMMENDED APPROVAL OF PZ-97-36. SECONDED BY WERNER- QUADE. Commissioner Bryson stated that John Segesser, the surveyor on this plat is presently working by the hour for his engineering firm in Unalaska doing construction layout surveying. Unless the will of the board is otherwise Commissioner Bryson stated he will be voting on this as he feels personally there is no conflict. Chairman Glick ruled there is no conflict. No other comments were made by Commissioners. Staff had no comments. VOTE Bryson Yes Goecke Absent Mahurin Absent Glick Yes Werner-Quade Yes Nord Yes Christian Absent MOTION PASSED. b. PZ-97-37 -Preliminary Plat -Original Townsite of Kenai -Rainbow Addition. MOTION: WERNER-QUADE MOVED TO APPROVE PZ-97-37. MOTION SECONDED BY NORD. Chairman Glick asked if staff had any comments on this. City Engineer La Shot stated that he would like to draw the Commission's attention to the as-built they have Planning & Zoning Commission Minutes July 23, 1997 Page 3 put in the packet, it does show a 6.6' encroachment, the new plat may or may not cover that encroachment and he suggests that the Commission sees that the new plat eliminates the encroachment. La Shot further stated that the resolution does say that plats shall verify that no encroachments exist. Commissioner Bryson stated that he would like to revise his comments made last time, John Segesser is the surveyor of this plat and the prior one is Integrity's, therefore Bryson stated that he stands corrected. After review it was noted that Bryson was correct the first time, Integrity is the surveyor. Chairman Glick asked La Shot if an amendment is needed to the motion to include that no encroachment exists. La Shot stated that No. 7 on the resolution probably covers it as it states that the plat shall verify that no encroachments exist. No further discussion was made by the Commissioners. Mr. Cliff Baker with Integrity Surveys stated that it was their intention to clear up the encroachment. The plat that is shown is what has already been purchased and it also states in the deed that it refers to resolving any encroachments. He further stated that a complete as-built was done the same time the survey was done and any lot lines will be adjusted to fit. VOTE Werner-Quade Yes Goecke Absent Nord Yes Mahurin Absent Christian Absent Bryson Yes Glick Yes 6. PUBLIC HEARINGS: a. PZ-97-34 -Conditional Use Permit -Bed 8s Breakfast - 406 S Forest Drive (Lot 1, Block 6, Redoubt Terrace Subdivision, Kenai Alaska. Applicant DeWayne and Diane Craig. Chairman Glick stated that public hearing will take place this evening but the applicants are not available as they thought this was going to be at our next meeting. Since it was advertised we will have the public hearing and he requested a motion to continue public hearing at our next meeting so that the applicants can be here when action is taken or answer any questions. Planning 8v Zoning Commission Minutes July 23, 1997 Page 4 MOTION: BRYSON MOVED TO HAVE THE PUBLIC HEARING TONIGHT BUT TO ALSO CONTINUE THE PUBLIC HEARING AT THE NEXT MEETING IN ORDER TO RECEIVE PUBLIC COMMENT. MOTION WAS SECONDED BY NORD. PUBLIC HEARING OPENED: JIM WHITE, 1509 TOYON WAY--Mr. White stated that his place is one house and two vacant lots away from DeWayne Craig's place. Mr. White stated that he would like to tell the Commission a story, a number of years ago he had a friend who had a place out on K-Beach. He had about 3 acres and hand built his home on it. Soon after a cannery came in next door to him and built a chain link fence right up to his place and they had their workers camping in his backyard. Mr. White stated that his friend could not sell the place, he couldn't stand to live there so lost the place. Mr. White stated that this situation made an impression on him about the value of zoning. He stated when he was looking for property he wanted to buy inside the city and thought a residential neighborhood around Toyon and Forest shouldn't have a problem, but you buy into that and you are agreeing to those rules, now folks want to change the rules. Mr. White noted that the street has a lot of traffic on it, there is a lot of people using the new beach access there, the City's upgraded the park there, there's a lot of kids running back and forth. Mr. White asked, "will there be more traffic with the bed and breakfast there instead of an apartment," he stated probably not but the traffic that is there now at least knows there's little kids in the area. Mr. White said "my take on this is that if the Commission allows the bed and breakfast the conditional use permit for this guy then how can you stop the next guy coming in; if he wants to sell that place to a guide operation, how can you tell that guy no; how can you tell the guy who has the vacant lot next to me that he can't build something and run it as a bed and breakfast; the guy on the other side of me has got an apartment in his place, he can turn that into a bed and breakfast in 20 minutes." Mr. White stated that his concern is that precedent is being set here and will you (Planning & Zoning) be able to control the next guy coming in, we've got vacant lots all up and down that street. Mr. White noted that he didn't want to turn that into a bed and breakfast row, so he asked the Commission to vote it down. Chairman Glick asked if there were any questions for Mr. White. No questions were asked. No other speaker was present. Chairman Glick stated that the public hearing will not be closed at this time but a vote on the motion to continue public hearing to the next meeting. Councilman Bannock asked why the public hearing was being extended. Commissioner Bryson stated that Mr. Craig had requested the extension. Chairman Glick reiterated that Mr. Craig thought that this would be on the agenda for the next meeting which will be August 13 and he wanted to be here when we took action at least. Planning & Zoning Commission Minutes July 23, 1997 Page 5 VOTE Goecke Absent Nord Yes Mahurin Absent Christian Absent Bryson Yes Werner-Quade Yes Glick Yes MOTION PASSED, PUBLIC HEARING WILL BE CONTINUED AT THE NEXT MEETING SCHEDULED FOR AUGUST 13, 1997. Commissioner Werner-Quade requested that staff provide information on how the Commission voted in the minutes of last year when Mr. Craig applied. Chairman Glick also requested that staff research for our next meeting whether or not there are any other bed and breakfasts in Redoubt Subdivision. 7. NEW BUSINESS• a. PZ-88-16 -Application for Transfer of the Conditional Use Permit for Surface Extraction of Natural Resources, City of Kenai Advisory Planning 8s Zoning Commission, Tracts Al-A and B of Hollier S/D No. 2. Chairman Glick called an At Ease to allow the Commissioners to look the item over before continuing. MOTION: BRYSON MOVED FOR APPROVING THE TRANSFER OF OWNERSHIP OF CONDITIONAL USE TO THE NEW OWNER. MOTION WAS SECONDED BY WERNER-QUADE. Commissioner Bryson stated that it appears that all conditions on the original application will transfer with the obligations attached thereto and he feels it's an appropriate action to take. Chairman Glick asked if staff had any comments. La Shot stated that had there been any amendments to the permit we wouldn't have been able to do this and we would have to re-advertise but since this is a simple transfer of ownership of an existing permit that has all the same stipulations it would be fine to proceed. Chairman Glick asked Mr. Zubeck if he understood that all of the conditions are still valid or enforced. Mr. Zubeck indicated that he did. j Planning 8v Zoning Commission Minutes i July 23, 1997 Page 6 VOTE Bryson Yes Werner-Quade Yes Goecke Absent Nord Yes Mahurin Absent Christian Absent Glick Yes MOTION PASSED. 8. OLD BUSINESS: None 9. CODE ENFORCEMENT ITEMS: None 10. REPORTS• a. City Council: Councilman Duane Bannock stated that a copy of the July 16 agenda was included in the Planning and Zoning packets and he wanted to briefly go through some of the public hearings. Item C-l, the ordinance that came from this Commission was postponed again for Mr. Smalley's input, this will be dealt with at the next Council meeting. Item 4 had some interesting conversation which had to do with where the City of Kenai does it's banking. The City very recently sent out an RFP for banking proposals and they scored the proposals on a zero through 100 point scale and it was sent to four different banking institutions, two of which scored a perfect 100 and when it came to the dollars there was exactly $1.00 difference per year between the two banks that scored 100. The City decided to stay with the National Bank of Alaska where the funds are at currently. On the second page under New Business, the request for special use permit for Mr. Bierdeman who has a logging operation and will continue logging some old trees from Section 36, and a lease application approval, item #4, Lot A-2, Baron Park Subdivision, No. 6, Hertzl Benyamini, this is an area pretty much between Marathon Road and Airport Way, east of Donagain's Restaurant and west of Homer Electric, the wooded area. The application read of a 120,000 sq. ft. retail complex. The comments from this Commission were noted at the meeting and the Council was also concerned that in the lease that was actually written which will be presented to Mr. Benyamini, there would be a clause where after a certain amount of time with zero development they would be done. What Council was trying to get out of was a situation where we would tie up a very large tract of land and then it not be developed. Certainly the recommendations made by this Board were passed on as well. Administration has been directed to draw that lease up and now we'll wait and see if they are willing to sign it, their good faith deposit had been paid. Councilman Bannock stated that after the meeting there was a brief work session which had to do with the developments of the proposed fire training center and the Pacific Rim Institute of Safety and Management (PRISM). Discussion was held on who was going Planning & Zoning Commission Minutes July 23, 1997 Page 7 to own them and who was going to be responsible for what. As we begin our negotiations with the company ESI we ask who is going to be responsible for this and what the City is going to be doing with it. We had a sample list of things that the Council went through which included things we felt that we should be willing to take care of and things we felt they should be willing to care of, Administration will be presenting that to them. There were no questions for Councilman Bannock. b. Borough Planning: Commissioner Bryson pointed out that the July 14, 1997 agenda was in the packets. He noted that the agenda was approved which approved items through C. Item E, Unfinished Business is a Notice of Reconsideration of a prior decision to vacate a portion of aright-of--way was moved for reconsideration, that was approved and the item which is on Kenai Lake will come before the Borough Planning at their next regularly scheduled meeting. Item F, Public Hearings, an item that had been continued by the Planning Commission at a prior meeting concerned Mr. Zubeck and his request to eliminate an easement across his property. The recommendation of the staff was to deny the action and Commissioner Bryson noted he abstained due to conflict having worked on the project. Mr. Zubeck has subsequently appealed that decision and his appeal will go to the City of Kenai Council and they will presumably have the authority to reverse the decision of the Borough Planning Commission, Commissioner Bryson is positive of that. Item F-2, proposed negotiated sale of up to 40 acres of Borough land to Ed and Kathleen Martin in Cooper Landing area, that item was recommended to be denied, it was voted and that was the recommendation that came out of the Planning Commission, that will go to the Assembly for their action. Item 3 was postponed. Item 4 was recommended to be approved and was so voted. Item 5, Adopting Procedures for Variances from the Provisions of Title 21 was postponed. Item G-1 was approved which is a vacation of a utility easement. All the special considerations items with the exception of was approved for the Borough staff comments. That concluded Commissioner Bryson's report and there were no questions. c. Administration Report: None 11. PERSONS PRESENT NOT SCHEDULED: LEO OBERTS: Mr. Oberts stated that he wanted to mentioned a few things. The area around where he lives (Mr. Oberts pointed out the area on the wall map). He noted that the area was a large parcel of land that he and his wife had accumulated and much of it now is changing rapidly as he expects to see rapid growth into the area because the new Pillar's park is opening up on Friday at 7:00 a.m. and that will allow parking for 72 boats and trailers, a good sized area for the handicapped, and an area for people to stop and move around. It's going to be a real surprising thing to the City as he had several people come over as of late and the funny part of it is there aren't Planning 8v Zoning Commission Minutes July 23, 1997 Page 8 very many people who really know what's going on over there. Mr. Oberts suggested that the Commission take a long, hard look at it because he sees a lot of opportunity for himself and his family. He pointed out properties along the river which he feels is better than almost 2000 feet of river frontage and there isn't too many parcels of land available anymore and this would be the ability for somebody to come in and find a spot along the river. Mr. Oberts noted that he won't necessarily be involved in it but the opportunities are there as these people start to come in there. Mr. Oberts stated that he discussed with the people in the City because there were various items that came up that he was concerned with, most of which have been satisfied but there are still some that have problems. The one right now that seems to be showing up more often is the fact that when you come up out of Silver Salmon Drive that the trees are so large in there that when you start looking at the traffic which will be so great in there it will be difficult for them to see where they're going. Mr. Oberts mentioned it today to the Police Department and they are concerned as well. Mr. Oberts noted that he was not saying that this Commission will say this is something we have to do, it's just there are some items that should be taken care of. Mr. Oberts again reiterated that there is a lot of opportunity in the area because this is the first time that the City of Kenai is going to have probably one of the finest parks in the State of Alaska right in an area where all the fishing takes place and where everything is happening, and where Les Anderson caught his world record King Salmon right off where the landing is. There is so many things there Mr. Oberts feels are going to be so great for everybody that lives in Kenai and he is excited about it and is trying to get the Commission to be excited about it too, he noted that perhaps they can take a look at it on Friday. Mr. Oberts noted that as with everything, there are some things he doesn't agree with and some that are far better than what he thought. Mr. Oberts stated that the Commission has listened to him before about this sector and what would be happening in the future and it is where our immediate future is going to be happening. Chairman Glick asked Mr. Oberts if he intended to subdivide anymore of this land. Mr. Oberts stated that he would do a lot of it, he said there was some for sale right now and there's a lot more coming. Mr. Oberts stated that the reason he is saying that there is a lot of things going to happen because when his wife passed away, his son, in case something happened to him, would have to change the properties so that IRS won't end up with it. Mr. Oberts indicated that it looks great right now as far as looking at what the City receives in just the taxes he pays. If anything happened to him his son would really get socked if the property were to be turned over. IRS would say, hey you better pay up right now, he would have to look to the City to buy something. Mr. Oberts thanked the Commission for the time. 12. INFORMATION ITEMS: None Planning 8v Zoning Commission Minutes July 23, 1997 Page 9 13. COMMISSION COMMENTS AND QUESTIONS: None 14. ADJOURNMENT: MOTION: NORD MOVED TO ADJOURN, WERNER-QUADE SECONDED. The meeting was adjourned at 7:45 p.m. Respectfully submitted, ~~ `~ Barbara Roper