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HomeMy WebLinkAbout1997-11-26 P&Z Minutes~ a CITY OF KENAI PLANNING AND ZONING COMMISSION ~~ AGENDA KENAI CITY COUNCIL CHAMBERS November 26, 1997 - 7:00 p.m. http://www. Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: November 12, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ97-49-A resolution amending the Kenai Municipal Code Title 14.20 Kenai Zoning Code, Land Use Table with Footnotes b. PZ97-54-A resolution amending the Kenai Municipal Code 14.20.160(b)(6)[A] Townhouses to include total lot coverage for all zones in the City of Kenai. j 7. NEW BUSINESS: 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: a. Memo dated 1 1 /13/97 requesting cancellation of 12/24/97 meeting b. KPB Planning Commission Action of October 27 & November 10, 1997 c. Memo from KPB Planning Department dated October 18, 1997 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISS; November 26, 1997 - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** Chairman Glick called the meeting to order at 7:00 p.m. 1. ROLL CALL: Members Present: Phil Bryson, Teresa Werner-Quade, Ron Goecke, Karen Mahurin, Carl Glick, Michael Christian Members Absent: Barb Nord Others Present: Administrative Assistant Marilyn Kebschull, Councilman Hal Smalley, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA: CHRISTIAN MOVED TO APPROVE THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY BRYSON. AGENDA WAS APPROVED AS PRESENTED. 3. APPROVAL OF MINUTES: -November 12, 1997 GOECKE MOVED TO APPROVE THE MINUTES OF NOVEMBER 12, 1997 AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY MAHURIN. Bryson requested that the last sentence in the third paragraph on page three be changed to "Bryson stated that a 40' minimum may be desirable". Bryson pointed out that a 40' minimum is not a requirement. WITH THE ONE CHANGE NOTED THE MINUTES FOR NOVEMBER 12, 1997 WERE APPROVED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: None 5. CONSIDERATION OF PLATS: -None 6. PUBLIC HEARINGS: a. PZ97-49 - A resolution amending the Kenai Municipal Code Title 14.20 Kenai Zoning Code, Land Use Table with Footnotes Planning 8v Zoning Commission November 26, 1997 Page 1 GOECKE MOVED TO APPROVE PZ97-49. MOTION SECONDED BY WERNER-QUADE. No public comment. Kebschull clarified that on page 2 of the Land Use Table, under RR1 Zone, Commercial should have read C19. When the table was printed the C19 did not print. Kebschull noted in her memo that it was unclear whether or not warehouses under RS needed to be a C19. The information and comments in the staff report need to be reviewed to make sure the intent is to not allow any manufacturing in the RR or RS zones. Kebschull noted that the Commission may want to consider keeping it a C considering the gentleman who wants to build cabinets in his garage. C19 requires egress and ingress from the Spur Highway. Kebschull reported the Historic District Board questioned why the entire residential section of the table had permitted uses only in the one and two-family dwellings and conditional for everything above that in the current table, and permitted in all sections on the new table. The Board was not necessarily against it but wondered if this is what was actually wanted. Glick referenced the last item regarding the townsite and asked Smalley if that is what Council had recommended. Smalley replied that he was sure it is what Council had recommended. It was verified that it was permitted instead of conditional. Kebschull stated the townsite items were noted from the staff but never changed or discussed. Kebschull reported that she talked to the building official about it after the townsite meeting and the property sizes were looked at. They vary greatly and the building official felt that lot sizes would determine building size. Christian stated there were already some large family dwellings in the area so a change now would seem inconsistent. Christian asked about the other area of concern with regard to manufacturing in the RR 1 and RS zones and whether or not the 19 footnote should be kept on it. Kebschull verified that the 19 footnote would allow only the use on lots with access from the Spur Highway. Christian stated that he had no problem with leaving the footnote on table. Kebschull reported there is concern that conditional uses are similar to permitted uses and in general are not considered as commercial. When Planning 8v Zoning Commission November 26, 1997 Page 2 a conditional use is reviewed in a neighborhood it is usually aloes-key, ~ family operated type business which can always be denied under the conditional use process if someone comes in for a commercial type warehouse. Staff is concerned about taking away an individuals right to operate. An example would be someone making jewelry in their garage and warehousing or storing it for craft shows. Goecke stated in most businesses with the footnote under RRl, Commercial, are going to take place off the Spur Highway anyway. The one that should not have the footnote is the professional offices as there are many that are not right on the highway. MOTION # 1: CHRISTIAN MOVED TO CHANGE C19 DESIGNATION IN THE RR1 AND RS ZONES UNDER MANUFACTURING, FABRICATION, ASSEMBLY AND STORAGE AND CHANGE IT TO A REGULAR "C." MOTION SECONDED BY MAHURIN. Werner-Quade stated that since they already ask for a conditional use permit, access will probably be questioned at the time of application and an appropriate review will take place then. Christian stated the RR 1 and RS zones seem quite widespread and to require that it has to be on the Spur Highway seems too restrictive, especially for RS. VOTE (Motion 1) BRYSON No WERNER-QUADE Yes GOECKE Yes NORD Absent MAHURIN Yes CHRISTIAN Yes GLICK Yes Motion passed with five yes and one no. Kebschull requested clarification on whether or not C19 should be included under warehouses in the RS Zone. Bryson stated the RS zone is very large and operational activities vary widely. The majority of these businesses do not front on the highway and that would be a reason to change it as most situations are not addressed. MOTION #2: BRYSON MOVED TO SHOW THE WAREHOUSE UNDER THE RS ZONE TO BE A "C." MOTION SECONDED BY GOECKE. Planning & Zoning Commission November 26, 1997 Page 3 VOTE (Motion 2) WERNER-QUADE Yes GOECKE Yes NORD Absent MAHURIN No CHRISTIAN No BRYSON Yes GLICK Yes MOTION PASSED WITH FOUR YES VOTES AND TWO NO VOTES. MAIN MOTION: VOTE (Main Motion) GOECKE Yes MAHURIN Yes BRYSON Yes GLICK Yes NORD Absent CHRISTIAN Yes WERNER-QUADE Yes MOTION PASSED UNANIMOUSLY. b. PZ97-54 - A resolution amending the Kenai Municipal Code 14.20.160(b)(6)[A] Townhouses to include total lot coverage for all zones in the City of Kenai. GOECKE MOVED TO APPROVE PZ97-54. MOTION SECONDED BY ~ CHRISTIAN. No public comment. Kebschull referenced Mr. Springer's memo where he explains how some things were not taken into consideration when previous recommendations were made. VOTE NORD Absent MAHURIN Yes CHRISTIAN Yes BRYSON Yes WERNER-QUADE Yes GOECKE Yes GLICK Yes MOTION PASSED UNANIMOUSLY. 7. NEW BUSINESS: -None 8. OLD BUSINESS: -None Planning 8v Zoning Commission November 26, 1997 Page 4 l 9. CODE ENFORCEMENT ITEMS: None 10. REPORTS: a. City Council: Councilman Smalley provided the following report using the City Council Agenda of November 19, 1997 as a guideline. Item C-1, Comprehensive Plan, this item will be discussed at the next meeting. Item C-3, Donated property to the City from Dr. Hansen. There was a resolution from the Kenaitze Indian Tribe objecting to the proposed park. This resolution was read into the record. After much discussion the representatives from the Kenaitze Indian Tribe relaxed and felt better about the proposal but were unable to withdraw the resolution as it required Board action to do so. The Kenaitze Indian Tribe will be involved in the development of the park. Smalley noted that the lot is not within the Townsite Historic Zone, it is one lot out. Item B-1, The City granted a six month lease to Dottie Fischer to operate a travel agency from the glassed in area of the terminal. It is the intent to have Fischer operate from the gift shop once the City is able to bring the existing lease to closure. Item H-4, the employment agreement with City Manager Richard Ross was approved. Mr. Ross will be the City Manager for the next 2.5 years. During the budget process the Council will be looking at developing an Assistant City Manager position. Under the Administrative reports the City is reviewing the possibility of logging the beetle kill trees in Section 36. The problem in the past dealt with logging and hauling the stumps out. It is possible that a shredder will be used to shred the stumps and the material will be put back into the ground. Discussion took place on providing water at the cemetery. Several options were considered and it appears a tank would be provided. This tank will clearly state the water is not drinkable. The Visitors Center had received eight moose antler carvings. These will be displayed in the exhibit area. Planning & Zoning Commission November 26, 1997 Page 5 The Library and the Visitors Center is having their Christmas reception i on December 18. The Planning and Zoning December 24 meeting has been canceled. The ARFF project is going very well. The animal control shelter should be ready for occupancy the first part of February. Four Council members went to the Municipal League Conference in Ketchikan. Smalley reports the State is very envious of the City of Kenai. One reason being that Kenai has close to $20 million in ongoing projects and only about $200,000 is being funded by the City. Discussion took place on the permanent dividend fund interest and the possibility that the various municipalities will receive half of the money for various projects and/or improvements. Smalley wished the Commission a Happy Thanksgiving. Christian asked Smalley since the City is considering an Assistant City Manager perhaps they should also consider an Enforcement Officer to take care of the violations. Kebschull confirmed there is no official enforcement officer within the City. When a problem occurs, Springer is sent out to investigate. Smalley stated the Assistant City Manager position will not be discussed until closer to budget time. Christian suggested that perhaps the interest from the permanent dividend fund would better benefit the State if it were used for the education endowment or similar issues. Werner-Quade requested that Smalley comment on Bannock's question to Council regarding the Challenger Learning Center. Smalley reported that discussion came up with the Challenger Learning Board about who will own the equipment in the building. The Challenger Board felt that since they will be licensed to operate the facility they should owned the property within the facility. Smalley stated from very early discussion it was understood that the City will not only own the building but they would own the equipment within the building as well. b. Borough Planning Bryson reported there was a Borough Planning Commission meeting on November 24, 1997. Prior to this meeting there was a plat hearing. D-1, Poachers Cove Addition No. 1 was discussed. This is an area where recreational lots were platted and they require community water and sewer. D-2, Baron Park No. 11 was approved. Planning & Zoning Commission November 26, 1997 Page 6 In the regular meeting Item G-1 under Pubic Hearings is a petition to vacate a right of way and a section line easement that goes from a dedicated road way to the beach. This parallels a situation in Kenai where the Dutweiler's petitioned to vacate the right of way on the southern border of the beach. In this case the DOT did not agree to the vacation. In the new case in Anchor Point the DOT, Division of Lands, the Anchor Point Advisory Planning Commission, and approximately five adjacent property owners went on record as being opposed to the vacation. After public testimony the Planning Commission recommended denying the vacation. This may be a petitioned reversal at the Assembly level. Item G-2 is a request to vacate a portion of a cul-de-sac in the Cooper Landing area. This is a situation where a well was constructed in the cul-de-sac. The owners of the adjacent property are concerned that shortening the cul-de-sac would shorten the potential for development of their property because the only access is along the right-of--way. Action was postponed on this item to find out exactly where the well was located and whether or not the entire width of the right-of--way is needed. Item H-1, Anglers Acres, vacation of an easement area for HEA was approved. Item I-1 the proposal to break 160 acres into four 40- acre tracts and a request of a waiver of the requirements for surveying was granted. Item Q-2 is request in Cooper Landing to reclassify Borough property from resource management to recreational. This is an area that overlies a mining claim and a residence. The Planning Commission had requested to postpone action on this until March 9 of next year but the Assembly declined to do that. This request was subsequently denied at the last Assembly meeting. c. Administration: Kebschull reported, building in the City has continued since the weather has been cooperative. 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. Memo dated 11/13/97 requesting cancellation of 12/24/97 meeting. Planning 8v Zoning Commission November 26, 1997 Page 7 b. KPB Planning Commission Action of October 27 8s November 10, } 1997 c. Memo from KPB Planning Department dated October 18, 1997 12. COMMISSION COMMENTS AND QUESTIONS: Commissioners Werner-Quad, Christian, Goecke and Glick wished everyone a Happy Thanksgiving. Commissioner Mahurin reminded the Commission that she will not be at the next meeting and also wished everyone a Happy Thanksgiving. 13. ADJOURNMENT: MAHURIN MOVED TO ADJOURN. MEETING ADJOURNED AT 7:45 P.M. Respectfully submitted, Barbara Roper, Con ract Secretary Planning & Zoning Commission November 26, 1997 Page 8