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HomeMy WebLinkAbout1996-09-25 P&Z Minutes~~ ~, 1. ROLL CALL: CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo September 25, 1996, 7:00 p.xn. http://www.Kenai.net/city 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: September 11, 1996 September 16, 1996 (Information Only) 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-63-Mission Estates Preliminary Plat 6. PUBLIC HEARINGS: a. PZ96-61-Encroachment Permit-Side Yard Setbacks (Bowfin)-Lot 4, Block 1, Inlet View Subdivision (425 Rogers Road) b. PZ96-62-Variance-Single Family Dwelling on a Collector Street in a General Commercial Zone (Schoolcraft), Lot 14, Block 2, Thompson Park Subdivision (265 Fireweed) 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. Public Hearing Notice dated 9/16/96 b. Administrative Approval Strawberry Fields Forever SD c. Memo regarding changes to zoning maps dated 9/19/96 d. Planning & Zoning Commission Roster e. Appointment Letter to Barbara Nord (9/19/96) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: ~~ CITY OF KENAI PLANNING AND ZONING COMMISSION ~ . SEPTEMBER 25, 1996 ***MINUTES*** BARBARA NORD WAS SWORN IN BY M. KEBSCHULL. 1. ROLL CALL: Members present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord, Karen Mahurin, Mike Christian Members absent: None Others present: Councilman Hal Smalley, City Engineer Jack La Shot, Administrative Assistant Marilyn Kebschull 2. APPROVAL OF AGENDA: GOECKE RECOMMEND APPROVAL AS PRESENTED. NOTED ADDITIONAL INFORMATION ITEMS WHICH WERE PASSED OUT AND NOT ON AGENDA. CLICK CLARIFIED THAT TWO OF THE ITEMS WERE ON THE AGENDA. GOECKE ASKED FOR UNANIMOUS CONSENT. MAHURIN SECONDED. AGENDA APPROVED. 3. APPROVAL OF MINUTES: September 11, 1996 September 16, 1996 (Information Only) GOECKE MOVED FOR APPROVAL OF MINUTES OF SEPTEMBER 11, 1996 AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY BRYSON. MINUTES APPROVED. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-63-Mission Estates Preliminary Plat GOECKE RECOMMENDED APPROVAL OF PZ96-63 MISSION ESTATES PRELIMINARY PLAT. MAHURIN SECONDED THE MOTION. Planning & Zoning Commission Page 2 Minutes September 25, 1996 Chairman Glick asked for any additional staff report. La Shot advised this is a city plat noting this plat would formally establish right of way for the existing Mission Street through the church area and ties into Alaska Avenue. This plat would give the city a right of way to construct the Mission Street Improvement Project next summer. Christian asked if this would be a widening or paving. La Shot advised it will be paved and there will be additional parking established noting bus parking on Overland. Paving will be single lane project to tie back into Alaska Avenue and more parking in front of church property. Christian asked if this would be paving Mission all the way around. La Shot. advised aloop-type situation. Christian stated he assumes because it is a one lane road they will not be taking much of lawn from the Bay Arms. La Shot advised just a little bit. La Shot noted parcels one and two are from private property owners noting the street will get into those lawns a little bit. La Shot noted there has been an archeological study also done on project that can be reviewed. Mahurin stated she would share that when she was on the TSH Board this was the first projects dealt with and there was a lot of public input. Mahurin advised it was TSH that asked for the archeological study adding it has gone through a lot of hoops prior to this plat. Bryson asked if the acquisition along Overland Avenue was for the bus parking-La Shot advised yes. Bryson asked if the remainder if part of the presently used right of way. La Shot noted that street has never had formal right of way adding it has just gone through the church property and across private property. Bryson asked if the property that would remain on the church proper is all outside of the fence, the present picket fence? La Shot asked if he was referring to 192-82 and advised yes noting the fence won't be moved. La Shot stated that on Overland the chain length fence will be relocated around old fort. VOTE: BRYSON YES GOECKE YES MAHURIN YES GLICK YES WERNER-QUADE YES NORD YES CHRISTIAN YES UNANIMOUS. 6. PUBLIC HEARINGS: a. PZ96-61-Encroachment Permit-Side Yard Setbacks (Bowlin)-Lot 4, Block 1, Inlet View Subdivision (425 Rogers Road) GOECKE RECOMMEND APPROVAL OF PZ96-61, AN ENCROACHMENT PERMIT FOR BOWLIN. NORD SECONDED THE MOTION. PUBLIC HEARING OPENED. Planning & Zoning Commission Minutes ,~ CLOSED. Page 3 September 25, 1996 Glick asked for additional staff comment. La Shot added that on his report he would like to change the encroachments which he had said were 2 inches and 4 inches and would like them changed to 2/10th and 4/10th of a foot. La Shot noted that on the application the applicant made a statement that the surveyor is no longer available. La Shot noted the asbuilt was stamped by Roy Whitford who is in the area. La Shot noted he didn't think there was any attempt to shed bad light on the surveyor. Bryson, noting that the house was built in 1978 and the asbuilt was done in 1986, so the surveyor happened to be carrying the message in this case but apparently they didn't acknowledge it at that time. VOTE: WERNER-QUADE YES GOECKE YES NORD YES MAHURIN YES CHRISTIAN YES BRYSON YES GLICK YES UNANIMOUS. b. PZ96-62-Variance-Single Family Dwelling on a Collector Street in a General Commercial Zone (Schoolcraft), Lot 14, Block 2, Thompson Park Subdivision (265 Fireweed) WERNER-QUADE RECOMMENDED APPROVAL OF PZ96-62. MOTION SECONDED BY GOECKE. PUBLIC HEARING OPENED. Loretta Schoolcraft-P.O. Box 3197, Soldotna-Schoolcraft advised that she wanted to make a home for herself and her three kids and that she works hard and would like it passed. Werner-Quade asked if she had purchased the property recently before deciding to move the home. Schoolcraft advised she wanted to purchase the property so she could move it. Werner-Quade clarified she hadn't yet bought the property. Schoolcraft stated they have completed the paperwork and it has been sent to the owner in Juneau. Werner- Quade stated she is asking because when she looked into the property herself she noted it was zoned commercial. Werner-Quade stated she wondered if Schoolcraft knew that. Schoolcraft stated the owner had made an agreement to sell her lot 14, Jim Beedle out of Juneau. Nord asked if she had original pictures. Schoolcraft noted they were not with her tonight adding she had found out this afternoon that it was a good idea to be at the meeting. Planning & Zoning Commission Page 4 Minutes September 25, 1996 Christian asked what she was intending to do with the structure. Schoolcraft noted it was across the street on Fireweed and that it would be placed on a full basement. Christian asked if it had windows noting it was difficult to see from the pictures they had been given. Christian asked if it was a two story building. Schoolcraft advised it was two stories and that it would have a loft and be handicap accessible to the loft. Schoolcraft noted she just wanted to start it out as a residence so she could get some stability for herself and her children and then build from there. Mahurin, noting this was being asked from curiosity, asked if with young children in commercial area if she was thinking about going into business in the future. Schoolcraft advised she would probably like to obtain the lot next to it and open a B&B but right now was focusing on this project. Michael Rowden-5615 Kenai Spur Highway, Kenai-Rowden noted he is the owner of Lot 6 and 17, of block 2, formerly Beaver Wood Products. Rowden stated he had had to retire on a disability but noted he has 23 years invested in that commercial property. Rowden stated he and "Bob Holt," who lives on the next lot behind him, had tried to figure out how to put their businesses in. Rowden commented that this city doesn't allow anything noting he was supposed to be classified as light industry. Rowden stated the only place was in town was the lots near the new courthouse or down by the cannery. Rowden noted they couldn't afford the lots and that they had came to the council and they had it fixed in the ordinance and were not given a variance until the ordinances were straightened out they could go ahead and move in there. Rowden stated the cabinet shop wasn't supposed to go in there. Rowden stated that Bob has built on the other side two story building with an apartment upstairs. Rowden stated they bought because it was commercial property. Rowden stated Mr. Beedle bought because it was commercial property and he was hoping to make a profit off it. Rowden commented that Beedle is living in Juneau now and trying to sale it because things didn't pan out and he is not interested in whether or not it is commercial. Rowden said you will note there are commercial lots all around it. The house on the corner on Lot 12 was originally a Lindall Cedar Home that was built as an office. Rowden stated it sat for a long time until they turned it into a house. Rowden asked, once you start doing this, where will it stop. Rowden stated he is looking at his investment noting he doesn't know how much longer he will be able to stay here with his physical condition. Rowden stated he wants to be able to sale property as commercial property. Rowden noted that the ordinance says, except for the ground floor noting as he understands it you cannot live on the ground floor. Rowden commented that that little building will be awful small to live upstairs. Rowden stated he could see if the primary purpose is commercial and if residence is secondary as we did, that is one thing. Rowden stated he felt it was slapping him in the face because he bought it as commercial property and would still be in business today if it wasn't for his physical problems. Rowden stated eventually if I have to sale he wants to be able to sale as a commercial piece of property. Rowden commented he doesn't like the house in front but it is out of the way. This one will be where there are commercial lots all the way around it, the three lots on the front touches it, and the lot on both sides are still commercial property. Planning & Zoning Commission Page 5 Minutes September 25, 1996 Rowden commented that if she bought the other lot first and started with something else and then put in house that may be okay. Rowden commented that he didn't think it was fair to start out with a house and is not suitable. Not fair to Bob Holt or the rest of us there. Rowden commented he doesn't want to start seeing a bunch of variances issued. Rowden stated that he knew where the One Stop went in those people all bought commercial property and then tried to fight the One Stop going in. Christian asked if the other people started out as residences or businesses. Rowland stated they started out as businesses. Rowden further explained how the fish camp had came about. Christian stated he was wondering if historically they started out as residences or businesses. Rowland reiterated they started out as commercial added that was why he and Bob came because originally the ordinance that was ruled commercial said you couldn't live in as place of residence. But, said at the bottom said all urban commercial ordinances apply and you could live in your place of business as long as your front entrance to the house wasn't the front door to your business. Rowden stated that was when they finally said he could live there. Rowden commented that he was a single person and had a house and couldn't afford a house and a business too. Rowden explained how they went in as a business. Mahurin asked when he started his business. Explained they bought the lot in 73 and put the building there in 73 and he had managed it until 75 and then he bought it. Mahurin stated she moved in to Thompson Park in 71 and Mr. England and his family had a personal home there. Mahurin stated she didn't mean to argue but that was a home long before it became a business out of there. Rowland stated England was an electrician and had an electrician's truck there. Rowden stated that was the reason he was able to buy it off of J.W. and he was an electrician. Rowden stated he didn't have a business building and stock electrical parts but he had an electrical truck and he was doing electrical business out of there. PUBLIC HEARING CLOSED. Glick asked if La Shot had additional staff comments. La Shot noted nothing additional. Bryson asked La Shot to what degree is there a mixing of uses in that commercial zone. Bryson stated he is aware of the attempt to restrict the use to commercial and the request that was denied by P&Z. La Shot stated that to his knowledge the only true house is a small house at the fish camp that could be use as a residence part of the year and above Beaver Wood Products is an apartment which is an allowable secondary use in that manner. La Shot noted you can have a residence as long as it is not on the ground floor facing a collector street. La Shot noted he is not sure about all the other buildings in the area adding he believed most are businesses. Planning & Zoning Commission Page 6 Minutes September 25, 1996 Mahurin stated she knows that Adams (?) has property in there and they have a huge warehouse with a one bedroom apartment which is next to Beaver Wood Products. Rowden stated that was originally Bob Holt's building. Werner-Quade asked concerning the special assessment district if it matters if it is residential or commercial as to the assessment. La Shot responded no noting they are assessed by square footage. Glick noted a letter from Robert and Patricia Holt who have Holt construction and they live in an apartment there. Glick noted there is one lot between them and this property. Werner-Quade noted that in her opinion we have been begged to consider zoning along the Spur Highway corridor and to consider commercial zoning at least from Swires down east to Morgan Steel. Werner-Quade stated she knew where this property was located and noted she had written to the owner about the property. Werner-Quade noted she felt it might not be the best to give up a segment of the commercial property in that area. Mahurin stated she felt she was missing a point. This is an unusual situation, usually the Commission is being asked to give residential to commercial. Mahurin noted that across the street P&Z denied Benton's request to rezone to commercial who appealed to Council and it was granted. Mahurin noted that she understood what Mrs. Schoolcraft is trying to do on a shoe string. Mahurin noted that that side of her will win and will vote yes. Mahurin noted she had listened to the arguments and cannot see any reason to vote no. Goecke agreed with Mahurin adding that she knows that it is commercial and that eventually she will want to do a B&B in that area. Goecke noted that as long as it is commercial she wouldn't have to come back for a CUP. Goecke noted she is not asking for rezoning she is asking to be allowed to put a residence in a commercial zone. Goecke stated he has no problem with this whatsoever. Bryson stated he somewhat feels the same way stating he feels the structure if there is a commercial demand a structure such as this can be quickly converted to commercial use because it will pay higher rent or removed for the same reason. Bryson agreed that because not being asked to rezone but for a variance will be in favor. VOTE: GOECKE MAHURIN BRYSON GLICK YES NORD YES YES CHRISTIAN YES YES WERNER-QUADE YES NO MOTION PASSED 6 TO 1. Planning & Zoning Commission Page 7 Minutes September 25, 1996 7. NEW BUSINESS: 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council Mr.Smalley noted the copy of agenda in packet. Item 2a tabled. This was the purchase of new floats to be extending the dock floats further into the river to get them further away so when the tide goes down. Smalley reported this was put on hold to have the City Engineer look at the product to make sure it is what we want because they are purchased. Council decided to do this before they are purchased. Smalley noted this is not a lot of money but why spend $6300 if they won't work. Smalley reported in the work session we worked on the Capital Project Matching Grant and water clarity and quality is still number one concern. Smalley noted Item 5 was removed from the agenda. On page two, the coffee maker at the Senior Center broke and so they purchased a new one. Smalley commented that the coffee maker was a lot cheaper than the ones that the Army buys. Item G, the Council set out the advertisement for the city manager. The closure date is December 15. It will run from November 1 to December 15. Council approved a contract with Kathy Scott and Associates to work on getting space within the city to upgrade the public health facility. Smalley noted the state is too broke to help them out so the city is looking at larger facilities. Smalley noted the health center has outgrown their space adding that the city could use the space. Under H-5 the clean up of the FAA grounds was discussed and the possibility of the city obtaining a couple of the buildings there. Item 6, street lights, there were 11 or 12 new street lights that will be put in. Smalley noted that two are $25 each and that they can go as high as $3300. Smalley noted he has the list if anyone would like to look at it. b. Borough Planning Bryson noted the agenda is in the packet for the September 23rd meeting. The regular and consent agendas approved. Item E1 continued to be postponed. Under public hearings, the first item approved a vacation of a portion of Mansfield Avenue. Item 2 was a resolution reclassifying Borough properties. Bryson noted this was a request by the administration, the major portion to rural and other portion for a waste handling site. After considerable input from residents, the Commission recommended that the parcel be classified to rural and that solid waste keep looking for another site. A vacation not requiring a public hearing was approved. The special consideration for a building setback was approved for the existing structure only. Bryson stated Item H2 was an ordinance authorizing the Mayor to sell property to the Smith family in Planning & Zoning Commission Page 8 Minutes September 25, 1996 Cooperlanding. The ordinance 96-43 was recommended to be defeated by the ~ Commission. Bryson noted this is a situation wherein the borough doesn't own the property yet. Bryson stated the people who had some time ago requested to purchase the land were now requesting a conditional sale agreement. Bryson stated the Borough required to sale at fair market value at time the Borough receives title which Borough doesn't have. All plats were approved. Under the Kenai River Habitat there were two items, one proposed construction of car port, outside of city, was narrowly approved. The second one, within the city of Kenai, was an application to construct bank protection in the industrial area of town. Bryson shared photographs of the area. This was approved. The other items on the agenda were decisions that were relayed by administration. The Planning Director had ruled that two borrow pits were grandfathered in. Bryson noted that both are being appealed by borough residents so will be coming before the Borough Planning Commission as a Board of Adjustment. Werner-Quade, referring to the carport discussed at the last meeting that had been denied and then went to appeal and was allowed, Werner-Quade stated she would like to keep abreast of the situation. Bryson noted they have had five carport situations, one was approved and four were denied. One of the four petitioned and the Assembly upheld the complainant in that case. Bryson noted that was reversed. Bryson noted that in this situation the individual had submitted a building plan in 1991 and had presumably had all this work in the mill. That was the feeling of the majority of the Commission. Bryson shared a picture of the area where the carport would be placed. Smalley asked to share a map of the 40 acre tract off Marathon Road showing a depiction of what is planned for the site including the Challenger Center and the Fire Training Center. Smalley stated he though they were talking about $4 million for the Challenger Center and they are seeking funding. La Shot noted the Fire Training Center budget is at $8.1 million. La Shot stated the administration has worked on this quite some time and it has just now gotten to Public Works and are in the process of negotiating with engineers, etc. Goecke asked if the Challenger Center was at $4 million dollars. Smalley stated that was the most recent figure and that the city has not dedicated any money at this time. They are trying to get corporate funding as much as possible now. Smalley stated they city will probably put funding in as the land etc. Goecke asked if there is not enough private money at this time, the city could come out with a bond issue. Smalley stated that is always a possibility. Goecke asked about how this would pay for itself. Smalley stated he couldn't say yes or no. Smalley stated the idea is that it will be bringing in funds to take care of the general operation and that it would be used by students from across the state. Goecke asked if there were letters stating that from school districts across the state. Smalley stated the state school board representing 53 districts is behind the project. Goecke asked again is there were any letters from districts themselves. Smalley stated he didn't know. Planning & Zoning Commission Page 9 Minutes September 25, 1996 Goecke asked about the Fire Training Center at $8.1. Smalley noted that 94 percent is federally funded adding that he doesn't know if they have letters of interest in the project. Smalley stated there is one in Salt Lake City and one scheduled in Seattle area. La Shot stated there are at least a dozen in the lower 48. Goecke stated that realistically what we have is the only people we could have a chance of drawing to this is firefighters from within Alaska. Smalley stated no. Goecke ,asked to be corrected if he was wrong, noting that every metropolitan area is in a money crunch and he cannot see them sending firefighters to Alaska when they could drive to schools. Smalley stated the Alaska Fireman's Association is very much behind the project. They are also tying in major airlines, Korean, JAL, going to foreign countries that have in the past flown through Alaska. Smalley noted those people have to be trained. Smalley stated they are required to have three trainings per year. Smalley stated the city had been looking at a way to bring enterprise into the city. Goecke commented he felt we were making a job for our soon to retire fire chief. Smalley stated he didn't think so adding he felt Goecke was out of line. Goecke stated he felt we were in the days of diminishing income for the residents of the city and are all of a sudden trying to spend tax payers money. Smalley noted he has the same concern and is not willing to spend a lot of the city's money. Werner-Quade stated that when we had the joint session they mentioned possibly hiring a lobbyist. Smalley stated it will be discussed at the next council meeting. La Shot commented, regarding the Fire Training Center, that 94% of the funding was coming from federal funds the remaining 6% comes from the airport fund so no local tax dollars will come into the picture. La Shot noted the city may be involved in the operation but the plan says those fees should be taken care of in operation and maintenance costs. c. Administration La Shot reported that the TSH Board met last night. They discussed the grant the city received to install information signs in the Historic District. The report that was just completed identified 34 properties and there was money funded for 30 signs. The board will be working with the Rotary Club. The grant will purchase the materials and the Rotary will construct them. They talked about moving their meetings which has yet to be approved by council. They reviewed the Mission Street project. There is a draft of the sign ordinance that they will review at their next meeting and then it will come back to Planning and Zoning. Christian asked if we had heard anything more from the landscaping plan that was tabled at last meeting. La Shot stated he had missed the deadline adding that he doesn't plan to break ground until spring. 11. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission Minutes -~~ 12. INFORMATION ITEMS: Page 10 September 25, 1996 a. Public Hearing Notice dated 9/16/96 b. Administrative Approval Strawberry Fields Forever SD c. Memo regarding changes to zoning maps dated 9/19/96 d. Planning & Zoning Commission Roster e. Appointment Letter to Barbara Nord (9/19/96) 13. COMMISSION COMMENTS & QUESTIONS: Mahurin welcomed Barb Nord to the commission. Nord noted she is thankful to be here. Werner-Quade welcomed Nord and thanked Kebschull for including the ice rink study with the packet materials. 14. ADJOURNMENT: Meeting adjourned at approximately 8:03. Respectfully .submitted: Marilyn Kebschull Administrative Assistant