Loading...
HomeMy WebLinkAbout1991-09-25 P&Z MinutesRENAI PLANNING & ZONING COMMISSION September 25, 1991 - 7:00 P.M. City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MIN[JTES - August 28, 1991 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PUBLIC HEARINGS a. Resolution PZ 91-37 Encroachment Permit - Stephens b. Resolution PZ 91-38 Encroachment Permit - Coon 6. OLD BUSINESS a. Development in TSH Zone - Don Baker 7. NEW BUSINESS a. Update KMC Land Use Table - Greenhouses/Tree Nursery13 b. Update KMC Land Use Table - Suburban Residential 2 c. Sign Ordinance in Recreation Zone d. Ordinance Amending KMC 14.20.230 8. PLANNING a. Resolution - PZ91-39: Home Occupation Permit Mishler - Childcare 9. REPORTS a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 1. City Council Agenda 2. Kenai Peninsula Borough Planning Commission Agenda 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT 1 Work Session with Council ************September 25, 8-10 p.m.************ ~:....~ RENAI PLANNING AND ZONING COMMI33ION MEETING MINQTES September 25, 1991 Kenai Council Chambers Chairman Philip W. Bryson, Presiding ITEM 1: CALL TO ORDER AND ROLL CALL Chairman Bryson called the meeting to order at 7:05 p.m. Roll was taken by Secretary Freas. Present were: Bryson, Bannock, Rehm, Glick, and Scott. Absent was Gravely. ITEM 2: APPROVAL OF AGENDA There were no changes to the agenda. MOTION: Commissioner Glick MOVED to approve the agenda as presented. Commissioner Rehm SECONDED the motion. There were no objections to the motion. 80 ORDERED. ITEM 3: APPROVAL OF MINIITE3 3-a. Minutes of August 28, 1991 Planning & Zoning Commission Meeting. MOTION: Commissioner Scott MOVED for approval of the minutes as presented. Commissioner Glick noted an amendment required at Item 5 of the August 28, 1991 meeting minutes. The word "agenda" should be corrected to read "the minutes." MOTION: Commissioner Scott MOVED for approval of the Minutes of the August 28, 1991 meeting as corrected. There were no objections to the motion. SO ORDERED. ITEM 4: PERSONS PRESENT 3CHEDIILED TO BE HEARD None. PLANNING & ZONING COMMISSION MEETING MINUTES SEPTEMBER 25, 1991 PAGE 2 ITEM 5: PIIBLIC HEARINGS 5-a. Resolution PZ 91-37 - Encroachment Permit/Stephens. City Engineer LaShot reported that the owners of the home had an as-built survey completed in 1978. That as-built survey determined that the subject house was on Lot 7, Block R, Woodland Subdivision, Part II. Amore recent survey indicates the house encroaches the Lot 6 lot line. LaShot stated that he spoke with,the City Attorney in regard to the request for the encroachment permit application. The City Attorney stated that he would not approve an encroachment if it crosses a lot line. The Code is very specific about that. Bryson asked if the Attorney felt an encroachment permit could be granted for a side setback. LaShot stated that the City can only grant an encroachment in a setback, but not crossing a property line. Public Comment: Sandy Tasler, Broker/Owner, Freedom Realty. Ms. Tasler stated that she represents Mr. and Mrs. James Stephens, owners of the house on Lot 7, Block R, Woodland Subdivision, Part II. Freedom Realty has worked with FHA and the title company to put together an easement for a portion of the land encroached upon between the owners and the buyers. The adjoining neighbors agreed to the easement. Stephens are requesting a variance on a five foot setback. The property goes into the five foot setback and encroaches. Everyone is in agreement in regard to the easement. Commissioner Rehm requested further information in regard to the proposed easement. Tasler stated that FHA and the title company will create an easement for the encroachment. The easement will be between the Stephens and the owners of Lot 6 for the driveway and garage encroachment. The easement will run with the land. Rehm asked if the driveway and the 7" that the building encroaches will be included in the easement. Answer: Yes. Scott asked why not do a land purchase and include the setback and establish a clear boundary to travel with the sale into perpetuity. The easement will cloud the title. Tasler stated the title company maintains the title will not be clouded with the easement and the easement will run with the land. Scott asked if a sale was investigated. Answer: No. PLANNING & ZONING COMMISSION MEETING MINUTES SEPTEMBER 25, 1991 PAGE 3 Tasler stated that Lot 6 is very narrow. In order to resurvey the property, it would need a five foot setback and about 2-3 feet of additional property for the roof overhang. Altogether, approximately 9-10'. The lot is already narrow. Also, the Stephens are the original owners of the house. The house on Lot 6 was originally financed by FHA. An as-built was not required. Until now there has never been an as-built survey completed. Bryson asked if the easement as-built would reverberate to the north affecting other lots. Tasler stated that Cliff Baker, the surveyor, stated that the area was originally surveyed by BLM. The stakes were moved. The lot lines are a small amount off because of the curves. The original surveyor was within the five foot setback and established a lot line that both Stephens and Higgins (the owner of Lot 6) used. Neither ever thought the lot lines were different. Councilman Smalley asked if there would be an agreement between the owners of Lot 6 and 7 so that if Lot 6 sells the agreement variance stays. Smalley stated that if there is not an agreement, it would leave a question of liability on the City. Tasler stated that her company will seek legal help to write the easement. Smalley stated .that the City would want to relinquish all legal liability. Rehm asked if there could be a mistake by the surveyor. Tasler stated that the surveyor checked his findings twice. Both times, the figures were the same. Tasler stated that doing the easement to resolve the problem would be quicker and less expensive than to have the property resurveyed and replatted. MOTION: Commissioner Bannock MOVED for approval of Resolution PZ 91-37 granting an encroachment permit as authorized by KMC 14.20.185 for James H. & Helen Stephens, Lot 7, Block $, Woodland Subdivision, Part II. Commissioner Glick SECONDED the motion. Discussion followed. Bannock stated his concern of allowing an encroachment over a lot line. Bannock suggested a property exchange. Rehm stated that he did not believe an easement would solve the problem. Rehm suggested that the best way is to re- plat the property. This would also keep the City out of the problem. PLANNING & ZONING COMMISSION MEETING MINUTES SEPTEMBER 25, 1991 PAGE 4 Scott stated that she understands the problem (due to personal experience), however, does not support this intermediate action. The City should not be responsible to support this easement. Bryson stated his concern for the motion. As stated, the motion may be understood as allowing an encroachment across the property line. The .motion should state the approval of a 5' side setback encroachment on Lot 7. Bannock stated that he could support an encroachment permit up to Lot 6. However, that will not solve the problem with the house and the driveway on Lot 6. Bryson stated the driveway is not the issue. LaShot stated that this application from the owners of Lot 7 can only be for Lot 7. LaShot added he asked the Attorney what would happen if the permit was granted for Lot 7 and not deal with what crosses the property line. The Attorney stated that the Code is specific. Bannock asked if Administration had a suggestion. LaShot stated that Administration recommends the lot line be moved to accommodate the building on Lot 7 and then apply for an encroachment permit. If the lot line is redrawn, and if an encroachment exists, an encroachment permit would be needed. Bryson asked the applicants if they required action tonight. Bryson stated that if the vote is negative, they would be required to resubmit. Applicant stated they would like the decision postponed. MOTION: Commissioner resolves the motion. VOTE: Bannock: Yes Bryson: Yes Bannock MOVED to postpone action until the applicant lot line problem. Commissioner Rehm SECONDED the Rehm: Yes Glick: Yes Gravely: Absent Scott: Yes MOTION PASSED UNANIMOUSLY. Bryson clarified that the action would be postponed until formalization of the lot line relocation is completed. PLANNING & ZONING COMMISSION MEETING MINUTES SEPTEMBER 25, 1991 PAGE 5 5-b. Resolution PZ 91-38 - Encroachment Permit/Coon. LaShot reported that the applicant was insistent to go through the process. LaShot added that the process probably was not necessary as the house was in existence prior to the Code. This item could have been done administratively, had they had more time. There was no testimony. MOTION: Commissioner Glick MOVED to approve Resolution PZ 91-38 granting an encroachment permit as authorized by KMC 14.20.185 for 1102 Third Avenue, Kenai, Alaska. Commissioner Scott SECONDED the motion. There was no discussion. VOTE: Bannock: Yes Bryson: Yes Rehm: Yes Glick: Yes Gravely: Absent Scott: Yes MOTION PASSED UNANIMOIISLY. ITEM 6: OLD BUSINESS 6-a. Development in TSH Zone - Don Baker. This item had been discussed and conditionally approved at the August 28, 1991 meeting. Mr. Baker was requested at that time to bring forward a more detailed drawing of the building he proposed. A copy of Mr. Baker's drawings showing the elevation and floor plans were distributed to the Commission for their review. It was determined that the overall height of the building would be slightly lower than other two-story buildings in the area.. Mr. Baker stated that the building will be a duplex. One side for his living quarters and one for rent. The garages would be for personal use. Bryson requested that the drawings distributed tonight be attached to Mr. Baker's original application. Bryson stated that he recommended approval of the project. PLANNING & ZONING COMMISSION MEETING MINUTES SEPTEMBER 25, 1991 PAGE 6 Scott stated to Mr. Baker, for the record, that this application affects the historical zone. The Commission is reviewing the appearance and not the use. If the use of the property becomes more than what has been stated, it is a fault of the TSH zone. MOTION: Commissioner Scott MOVED for approval of the application for development in the TSH zone by Don Baker and Commissioner Glick SECONDED the motion. There were no objections to the motion. SO ORDERED. Baker asked if he can apply for the building permit. Bryson stated yes. ITEM 7: NEW BUSINESS 7-a. Update RMC Land Use Table - Greenhouses/Tree Nurseryl3, LaShot stated that the draft ordinance in question has been presented due to an inquiry for developing in the commercial zone along Beaver Loop. The table did not allow for this type of business as a principle or conditional use in the zone. Administration is requesting opinion of the Commission. Bannock stated his concern for making any restrictions to what is allowed in a heavy industrial zone. MOTION: Commissioner Bannock MOVED to recommend approval of the draft ordinance presented amending the KMC Land Use Table adding the permitted uses of the General Commercial, Light Industrial and Heavy Industrial zones to include Greenhouses/Tree Nurseryl3. Commissioner Glick SECONDED the motion. Smalley stated that if the Code does not speak to an item, then it cannot be done. LaShot stated that there was no charge to the person asking the question. Scott stated that there could be incompatible industrial uses that makes it necessary for the Code to speak to what is allowed in a heavy industrial zone. A conditional use permit would still have to come before the Commission and notice of a public hearing would be conducted also. PLANNING & ZONING COMMISSION MEETING MINUTES SEPTEMBER 25, 1991 PAGE 7 VOTE: Bannock: Yes Bryson: Yes. Rehm: Yes Glick: Yes Gravely: Absent Scott: Yes MOTION PASSED IINANIMOIISLY. 7-b. IIpdate RMC Land IIse Table -.Suburban Residential - 2. LaShot stated this draft ordinance is to clean up the Land Use Table. When the RS-2 zone was added, the "P" was omitted for Essential Services. Building Official Hackney requested that this be added. MOTION: Commissioner Scott MOVED to approve the draft ordinance presented amending the KMC Land Use Table permitting primary use in the under Essential Services. Commissioner Rehm SECONDED the motion. There was no discussion. voTE: Bannock: No Rehm: Yes Glick: Yes Bryson: Yes Gravely: Absent Scott: Yes MOTION PASSED. 7-c. Siqn Ordinance - Recreation Zone. A memorandum to the Commission from Administrative Assistant Loretta Harvey was included in the packet. The memorandum was in regard to concerns of the Commission for signs placed in the newly designated Recreation Zone. Ms. Harvey stated that at this time there is no size restriction listed in the sign code for this zone. Harvey stated that staff suggests that the Commission recommend to Council an update to the Code, incorporating sign limitations in the Recreation Zone should be made. There was no action by the Commission. 7-d. Ordinance Amendment - KMC 14.20.230 A draft ordinance was included in the Commission's packet to amend KMC 14.20.230(4)(2). The amendment would waive the thirty PLANNING & ZONING COMMISSION MEETING MINUTES SEPTEMBER 25, 1991 PAGE 8 percent of gross floor area of all buildings on a lot used for a home occupation. This amendment was proposed due to discussion during a previous meeting regarding use of common areas. Should those common areas be included in the 30%. The amendment would only affect day care areas. Smalley stated that he referred this to the City Attorney for clarification. LaShot stated that Administration drafted the ordinance. Scott requested a clarification of the definition of day care. "Day care" maybe should be changed to "dependent care." Day care is too limiting. MOTION: Commissioner Bannock MOVED to recommend the approval of the draft ordinance presented which amends KMC 14.20.230(d)(2). Commissioner Glick SECONDED the motion. MOTION: Commissioner Scott MOVED for postponement and Commissioner Bannock SECONDED the motion. VOTE: Bannock: Yes Bryson: Yes Rehm: Yes Glick: Yes Gravely: Absent Scott: Yes MOTION PASSED UNANIMOUSLY. Direction to Administration is to draft an ordinance that will better define the "Day Care." Use "Dependent Care" or "small children," either one. Also, define the length of the stay, day or night. Develop a definition within the ordinance to not limit to children, but to include adults, call it dependent care instead of day care. Rehm suggested leaving the ordinance saying "day care." It is defined for no more than eight pre-school aged children. Adult care would be making a hospice and this would not be acceptable. Rehm thinks the intent of day care is for children. Bryson stated he had the same concern. There are more conditions entailed with adult care. Scott requested a definition of the hours of operation for day care. PLANNING & ZONING COMMISSION MEETING MINUTES SEPTEMBER 25, 1991 PAGE 9 ITEM 8: PLANNING 8-a. Resolution PZ 91-39 - Home Occupation Permit/Mishler, Child Care. LaShot reported that the place of business is Inlet View on Rogers Road. The permit application is for a home occupation and meets the requirements of the Code, including the 30~ floor space requirement. The applicant states the business will start with two children, plus her own two. MOTION: Commissioner Glick MOVED for approval of Resolution PZ 91-39 and Commissioner Rehm SECONDED the motion. LaShot stated that the section of the Code which defines the age of children and amount of children allowed will be mailed to the applicant. VOTE: Bannock: Yes Rehm: Yes Glick: Yes Bryson: Yes Gravely: Absent Scott: Yes MOTION PASSED UNANIMOUSLY. ITEM 9: REPORTS 9-a. City Council Councilman Smalley reported actions taken at the September 18, 1991 meeting. Smalley also reported that there was discussion by AAA Taxi requesting Council to pass an ordinance which would require taxi companies to have a company color for all their vehicles. Council took no action. Ordinances forwarded from the Planning & Zoning Commission for amendments to the Code and the zoning map were adopted. Council chose "Vintage Pointe Manor" as the name for the Congregate Housing Project. The Forest Drive Park has been leveled and needs seeding. No thinning has been done at this point. Councilman Smalley reported that a work session follows this meeting to review the Comprehensive Plan draft. Also, there will PLANNING & ZONING COMMISSION MEETING MINUTES SEPTEMBER 25, 1991 PAGE 10 be a work session on Thursday, September 26, 1991 regarding the proposed renovation of the present Kenai Carr's Mall. 9-b. Borough Planning Commissioner Bryson reported that legal decisions on wetland determinations were discussed. Bryson had available a copy of the new Borough noxious/hazardous use ordinance for review. Bryson also reported that the Borough has scheduled a sale of foreclosed properties. 9-c. City Administration LaShot reported that Ms. Harvey is working on revising the applications for encroachment permits, home occupation permits, etc. She is adding into the applications and criteria that applies so that the applicant is aware at the time of application. ITEM 10: PERSONS PRESENT NOT SCHEDIILED None. ITEM il: INFORMATION ITEMS it-a. City Council Action Agenda. 11-b. Renai Peninsula Borough Planning Commission Agenda. ITEM 12: COMMISSION COMMENTS & OIIESTIONS There were none. ITEM 13: ADJOURNMENT The meeting adjourned at 8:15 p.m. A work session with Council followed regarding the review of the Comprehensive Plan draft. Minutes transcribed and submitted by: Carol L. Freas, for Planning Secretary TO DO LIST Planning & Zoning Meeting September 25, 1991 L8 - Correct 8/28/91 P,&Z minutes in Item 5, "agenda" should be "minutes." Attach Baker drawings to original application. Forward to Council for action the ordinance amending KMC Land Use Table regarding greenhouses. Forward to Council for action the ordinance amending KMC Land Use Table regarding Suburban Residential - 2. Hold draft ordinance amending KMC 14.20.230(4)(2) on day care until clarification from Jack. Then return to Commission for action. Mail copy of day care requirements regarding number of children, etc., to Mishler. Jack - Get clarification of definition of day care and how many hours they can operate during the day. Maybe change name from "day" care to "dependent" care. See minutes, Page 8.