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HomeMy WebLinkAbout1993-03-10 P&Z MinutesRENAI PLANNING & ZONING COMMISSION March 10, 1993 - 7:00 P.M. City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINIITEB - February 10, 1993 4. PERSONS PREBENT SCHEDOLED TO BE HEARD 5. PIIBLIC HEARINGS ~~I ~...~ a. Resolution PZ 93-8: AAA Taxi - Hibbert 3 ~- ~ , , Q 6 . PLANNING •~j~ 7. NEW BIISINE88 8. OLD BIISINE88 a. Resolution PZ 92-26: Rezone - See (Tabled for one year from 10/14/92) 9. CODE ENFORCEMENT ITEMS a. Quandt Property 10. REPORTS a. City Council b. Borough Planning c. Townsite Historic Task Force d. City Administration 11. PERSONS PRE8ENT NOT SCHEDIILED 12. INFORMATION ITEMS 13. COMMISSION COMMENTS & OIIEBTIONB 14. ADJOIIRNMENT ***WORK SESSION WITH TOWNSITE HISTORIC TASK FORCE*** r _ sr~' RENAI PLANNING & ZONING COMMISSION March 10, 1993 - 7:00 P.M. City Hall Council Chambers 1. ROLL CALL Commissioners present: Also present: 2. APPROVAL OF AGENDA MINUTES Duane Bannock, Phil Bryson, Carl Glick, Ron Goecke, Paul Hanson, Kathy Scott, Lori McComsey Councilman Hal Smalley Jack La Shot, City Engineer Loretta Harvey, Administrative Assistant Hanson MOVED approval of agenda as presented. Glick SECONDED. PASSED UNANIMOUSLY. SO ORDERED. 3. APPROVAL OF MINUTES - February 10, 1993 Goecke MOVED approval of minutes as presented. Hanson SECONDED. PASSED UNANIMOUSLY. 80 ORDERED. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PUBLIC HEARINGS a. Resolution PZ 93-8: Conditional Use Permit - AAA Taxi Scott opened the meeting to public hearing. ***PUBLIC HEARING - VERBATIM*** Jason Elson - My name is Jason Elson, my residence address is 1348 Mockingbird Lane. Thank you Mrs. Scott, Chairperson and Commission for giving me the opportunity to speak with you in regards to the special use permit for AAA Taxi. I am a resident in the neighborhood of Nighthawk Drive where AAA Taxi's current operation is located at. Mockingbird Lane is a cross street from Muskrat Court which comes off of Silver Salmon the entrance to Highland Trailer Court. Currently, at this time, I believe they've been operating over the better part of the last year in this neighborhood. And in doing so have used as an access way both Silver Salmon through the Trailer Park onto Nighthawk and Mockingbird Court, or excuse me, Muskrat Court/Mockingbird Lane as an access to Nighthawk. I have two points of opposition in regards to this special use permit. Number one being that in my dealings with the Public Works Director, in regards to Mockingbird Lane and Muskrat Court, which is a road that is part of the City's road system, yet not approved for any type of improvements. The Public Works Director has informed me that because the road was accepted back when the KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 2 subdivision was purchased by the City, or some kind of planning to that nature, it was never improved to the point that it's acceptable to the point of improvements now. In other words, for that particular road to be improved it needs to be excavated, dug out, down to sand and gravel and than backfilled so it would be acceptable to get improvements from the city. There are only four residents that live on this particular two-way street and of course none of us are financially capable of making these repairs to that road system. My concern with AAA Taxi is, that in using this road system, because it receives only minimal maintenance in the summertime and absolutely no maintenance during the wintertime the maintenance for that particular road is coming out of my pocket. At this particular time, I spend time and money in repairing the road, which is eroding. At times it's only open to one-lane traffic and so, therefore my concern is that the extended use by AAA Taxi with their number of cabs coming back and forth using that access to their business is gonna further deteriorate what little road to my residence. The second point I have in regards to this, is the fact that we're bringing commercial activity into an area that's zoned rural residential. The neighborhood of the trailer court is a condensed neighborhood involving a number of families in a small road system with a number of children. I also have children at home, small children. I believe the safety factor involved here when you increase the traffic flow through that neighborhood, regardless of whether they go down my road or through the trailer park will increase the risk for an accident in that neighborhood. And an accident involving children. It's bad enough that the roads are poor in that area, and there's low maintenance, they're not really designed well for the type of condensed neighborhood that we have now, I see us only making matters worse in regards to this special use permit. I thank you for your time. Those are the only comments I have at this time in regards to this matter. Scott - Mr. Elson will you wait to see if there are Commissioner questions? Does anyone have a question for Mr. Elson? Elson - Thank you. Brett Holt - Hello, my name is Brett Holt and I own property adjacent to, very close to the proposed permit, conditional use permit (CUP). And at present I do not live at my residence which is 5210 Meadowlark. However, I am in the process of building a house at my property that I now own. And my concern with the CUP is that as Mr. Elson has said, the kids in the area. I have kids of my own that, like I say, we don't live there right now, but we will very soon, within the next year. I am concerned .for their safety as well as all the safety of the other children that live in the area. I hope that their safety is not jeopardized by any decisions of the City Council tonight. My property, I feel that I hope that it's not devalued in any respect. KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 3 There was a huge pile of brush that was pushed up this last fall and hasn't been taken care of at all, to date. I am curious to see if it will be kept care of properly and at least kept clean. I thank you for your time. Scott - Anyone have questions for Mr. Holt? Are there any questions? Thank you. Brent Hibbert - My name is Brent Hibbert with AAA Alaska Cab, and to answer some of the questions I didn't realize that the road this gentleman here (pointing to Elson) was talking about was a private road. I don't see where it's posted it may be. Concerning the safety of children, all the drivers that are out there are professional drivers. They go through drug testing and they go through a driver's training before they drive. I don't want to have any problems with accidents and I don't think anyone else would. Hanson - the berm that's on the piece of land there, you're the person that's building a new house over there? Hibbert - That was last Fall. It was getting late in the year, I had enough money to have my piece of land cleared but I didn't have enough money at that time to have it hauled off. So hopefully ~ this summer, I don't like the looks of it either. This summer I hope to have it all cleaned up but it was late in the Fall the snow was already on the ground. I'm willing to work with anybody nobody has addressed me, come to me and asked me if we could change things with the road. I can instruct drivers not to travel that road, but nobody has ever come to me and talked to me about that. Well, I think that's about it. Scott - Are there questions for Mr. Hibbert? Bryson - I have just one. From what Mr. Elson said I guess he didn't say it was private road he said he was maintaining it in the summertime to some degree. I believe that if it runs on private lots it's probably a public right-of-way but not under the city grading program in the summertime. Scott - So that means it's for winter maintenance only? Bryson - Jack is that the City Council's .? La Shot - I believe that was winter maintenance only. Scott - Are there other questions? Glick - Yes I have one. Do you own the property there that you live on? Hibbert - Yes, I do. I'm in the process of buying it now. Scott - What was his comment? You're in the process of buying another piece of property? KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 4 Hibbert - No, this one. Scott - Oh, this one. Hibbert - It's an assumable. I'm trying to take the loan over. The paperwork is still out. Scott - Are there any other questions from the Commission? Mr. Hibbert thank you. Is there anyone else who wishes to comment on the CUP application by AAA Taxi, Brent Hibbert? Seeing none, we'll bring it back to the Commission and close the public hearing. For the record, we have received a note from Robert Hammer, PO Box 33 Soldotna who speaks against the application. And then a letter from Ralph Kaffka, who states no objection. Okay we'll bring it back to the Commission for action, Mr. Goecke? ***END VERBATIM*** MOTION: Goecke MOVED approval of Resolution PZ 93-8. Bryson SECONDED. Scott - Motion has been made and seconded. The permit is before you for discussion. Comments of the Commission? ~ Bannock - Reminded the Commission about another situation like this on Beaver Loop which had been approved. Because this is a CUP the Commission has the ability to place conditions on this which would bring it into harmony with the neighbors. The main concerns are the traffic and the repairs. The repairs of the taxis are addressed in the Land Use Table and are not allowed in an rural residential zone. Perhaps Hibbert has another location where he can work on the cars and keep the dispatch out of the house. Bryson - Addressed several concerns which included: visual impact on neighborhood; vehicle parking; and radio transmissions affecting neighbors television signals. He felt that there might be a way to resolve the situation to satisfy all parties. Hibbert - Explained that there are only two cars parked at the house at any given time. Bannock - Said he was not really worried about the parking as off- street parking is permitted in the zone. He had a problem with the cars being worked on there. Hibbert - Explained the work done on the cars was very minor. Just changing headlights, oil, washing and vacuuming the cars. All 1 major repairs are done by a mechanic. KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 5 Bannock - By issuing a permit the applicant could at a later date bring in wrecked cabs and parting them out. Bannock felt that there should be no impact from the taxis being there. He asked if there was another facility where the cars could be worked on. Hibbert - Said he doesn't have any junk vehicles around his property. He doesn't have anywhere else to run his vehicles at this time. The cars are only there between 5 and 6 a.m. and 5 and 6 p.m. He wondered if the problem was the amount of cars on site. Goecke - Said he felt the problem was the repair of the cars at the site and also the access from the unmaintained street. He didn't think it would be a problem for the taxis to access the office from a different street. Bannock - If the CUP was limited to one car at a time, would it be a hardship on Hibbert? Hibbert - Explained that he has 9 permits. He presently has two cars parked at his house. Two of his drivers are sick. The most cars that have ever sat at there would be on a Sunday and might be up to four vehicles. Scott - Asked if the Commission had enough information to make a decision on this item. She reopened the meeting to the Public Hearing. PUBLIC HEARING - Continued Elson - Getting back to my concerns and some of the discussion of the Commission I have to agree that the key point here is the impact and the appearance. The area is zoned rural residential. It is a City road but not of the standard that the City will maintain. It gives the impression that a commercial venture will be held in a residential zone. By increasing the traffic beyond what it would normally be you run the risk of an accident. Maybe the CUP could be limited to hours when children would be less likely to be playing in the streets. Scott - Said she felt the acceptable conditions should be specific. The Commission would like to know specific conditions the neighbors would live with. One is the limitation of hours of operation. Elson - Said it is a concession he could live with. He would prefer that the operation be in a commercial not a residential neighborhood. Scott - Asked for further testimony. Seeing none she closed the public hearing at 7:40 p.m. END OF PUBLIC HEARING Continuation Bryson - Felt the parties should try to talk together to see if they could modify the impact of the situation. He still had the same problem with the visual impact on the area. KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 6 Scott - Suggested that the Commission might want to Table the discussion until the next meeting. Smalley - In getting back to what several Commissioners suggested with CUP you can limit the number of cars which could be on the property at any given time. You could also limit the repairs that could be done within a garage. There could be a condition of no storage of parts outside where it could be visible. The encouragement of not using the unimproved street may not be valid since it is a city street. He urged the parties to think about such conditions to give the Commission direction. MOTION: Bannock MOVED to postpone the CUP until the next meeting to give the parties a chance to come up with conditions including: time of day of use, roadway use, even the consideration of fencing and/or screening as possible ways to overcome your differences. Bryson SECONDED. PASSED UNANIMOUSLY. Scott said it was her understanding that a list of conditions be brought back to Commission as an amendment to this permit as it exists tonight. MOTION: Bryson MOVED to continue the Public Hearing at the March 24th meeting and asked for unanimous consent. Hanson SECONDED. PASSED BY UNANIMOUS CONSENT. 6. PLANNING 7. NEW BUSINESS 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See (Tabled for one year from 10/14/92) 9. CODE ENFORCEMENT ITEMS a. Quandt Property 10. REPORTS a. City Council Smalley reported on agenda items including: Research for an ice rink facility in Kenai. Council approving Carr's Sign Variance. KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 7 b. Borough Planning Bryson reported that the Commission was working on a substitute ordinance for the Noxious, Injurious and Hazardous ordinance. c. Townsite Historic Task Force d. City Administration LaShot reported that Gensel and Kitchen Express would be probably be submitting a Landscaping plan for the next meeting. 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS 13. COMMISSION COMMENTS & QUESTIONS Glick - Reported that he and Lori McComsey had attended the annual Planning Training Seminar in Anchorage. He felt it was an excellent learning opportunity. The topics covered included Conditional Use Permits; Variances; and the Open Meetings Act. He said that a variance should only be granted sparingly and only under exceptional circumstances. The property owner must have a special hardship to be granted the variance. Hanson - Said he had been transferred to Anchorage and would have to resign his position on the Commission. Smalley - Noted the Ad in the Clarion that the City of Kenai had placed regarding City activities. He also said that K-Mart may be open sometime between July and August 15th. He also thanked Hanson and wished him luck in his new position. 14. ADJOURNMENT ***WORK SESSION WITH TOWNSITE HISTORIC TASK FORCE*** The meeting was adjourned at approximately 8:00 p.m. The Commission went into a Work session with the Townsite Historic Task Force. Respectfully submitted, ~, vey, Administrative Assistant