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HomeMy WebLinkAbout1993-03-24 P&Z Minutes~1 RENAI PLANNING & ZONING COMMISSION March 24, 1993 - 7:00 P.M. City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINIITEB - March 10, 1993 (available at meeting) 4. PERSONS PRESENT SCHEDIILED TO BE HEARD 5. PIIBLIC HEARINGS Resolution PZ 93-8: CUP - AAA Taxi (continuation) ~ Resolution PZ 93-9: Encroachment - Blanning c. Resolution PZ 93-10: CUP - Grubb 6. PLANNING eL . Resolution PZ 93-11: Home Occupation - Whitford Landscape Review - Gensel Day Care Center Easement Reservation - Gilles -~. Resolution PZ`93-12: Home Occupation - Anderson ~ e. Landscape Review.,,- Kitchen Express 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. City Administration 11. PER80N8 PRESENT NOT SCHEDIILED 12. INFORMATION ITEMS 13. COMMI88ION COMMENTS & OIIEBTIONB 14. ADJOIIRNMENT r . _. lrco.._~- rryvyV ill l RENAI PLANNING & ZONING COMMISSION March 24, 1993 - 7:00 P.M. City Hall Council Chambers 1. ROLL CALL Commissioners present: Also present: 2. APPROVAL OF AGENDA MOTION AND VOTE: MINUTES Duane Bannock, Phil Bryson, Carl Glick, Ron Goecke, Paul Hanson, Lori McComsey Councilman Hal Smalley Jack La Shot, City Engineer Loretta Harvey, Administrative Assistant BRYSON MOVED APPROVAL OF AGENDA AS PRESENTED AND ASKED FOR UNANIMOUS CONSENT. GOECRE SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES - March 10, 1993 Councilman Smalley noted that he had attended the meeting but his name had been omitted. MOTION AND VOTE: HANSON MOVED APPROVAL OF AGENDA AS AMENDED AND ASKED FOR UNANIMOUS CONSENT. GOECRE SECONDED. PASSED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PUBLIC HEARINGS a. Resolution PZ 93-8: CUP - AAA Taxi (continuation Vice Chairman Glick opened the Public Hearing at approximately 7:05 p.m. ***PUBLIC HEARING*** Brent Hibbert - Evening, my name is Brent Hibbert, Alaska Cab. I have, the home occupation was turned down a few weeks ago when I applied for it. So for the conditional use permit (CUP) we, Duane and my two neighbors, Jason and Brett had a little meting. Not much was settled at this little meeting we had. What I asked the Commissioners, is that I will not run my cars out to my residence but to let me keep no more than two of my vehicles out there. The one I drive and the one my wife will drive. My taxis I'm talking about. And I also ask, if on occasion when I may need to do a little maintenance, headlights, tires, things in that nature, to be able to run this car out and change a tire. We will cut down on the traffic I generate in and out of there which my neighbors have a problem with. When they do come in I'll have them use a °~ENAI PLANNING AND ZONING COMMISSION liar",h 2 4 , 19 9 3 - Meeting Pages 2 ~ different route so they are not coming by Jason's house, because his road is not maintained by the City. I will keep the traffic down on it. I will have all work done on a taxi will be done inside the garage, where no one would see it. And there would be no cars parked outside other than the two I am asking that I can keep out there. In the Home occupations code here, it lists the things that are permitted in the rural residential. Some of them are: art studio; daycare; beauty parlors; and tutoring. They also generate traffic. I want to try to get along with my neighbors and if I can do it this way without generating traffic this will help me, I feel, get along with my neighbors. Any questions? Glick - Do any Commissioners have questions? Goecke - These two cars you're talking about, if I understood correctly, one of them is the cab that you drive and the, other one would be your personal car. Is that right? Hibbert - No, it would be two cabs. One that I drive and my wife drives in the summer on occasion. She would also drive one. Most of the time there would not be two cars there because they're on the road at all times. I tried not to have any cars there. I try to keep them out. But there would be no more than two there. Glick - Any other questions of Mr. Hibbert? Hibbert - Thank you. Glick - Is there anyone else in the audience who would like to comment on this resolution? Jason Elson, PO Box 2712, Kenai, Mr. Chairman, Commissioners, forgive my appearance (referring to fire department uniform). I am here on a personal matter. As Mr. Hibbert stated we did meet last week with Commissioner Bannock in regards to this matter and as he stated we were unable to come to any real compromise in regards to that situation. My concerns are still such that any kind of compromise, we still have a commercial operation running in a residential area. The compromise will always be subject to breaching. You know, it's fine to say one thing one day and then a year down the road we're into the same situation we're at right now. Again, my concerns are the impact on the neighborhood, the increased traffic, the safety to the residents of the neighborhood and their children, and if we want to get right down to it the market values of the homes in the neighborhood as well, when you bring in a commercial industry. What happens to the value of my property and my housing unit, if and when I decide to sell, if I have a commercial unit next to me? I guess I still have to speak in opposition to this CUP unless there are other ideas brought up by the Commissioners that may be ~ subject to a more stringent or specific compromise, but at this time I really don't see any. There is plenty of commercial property available for rent, lease or ownership in the City of Kenai. I just don't see a commercial operation working in this neighborhood. Are there any questions? 'KENAI PLANNING AND ZONING COMMISSION March 24, 1993 - Meeting Page 3 \~ Glick - Do any of the Commissioners have any questions for Mr. Elson? Elson - Thank you very much for your time. Glick - Is there anybody else from the public who would like to speak on Resolution PZ 93-8? Seeing none we'll close the public hearing at this time and bring it back to the Commission. ***END PUBLIC HEARING*** Glick - At this time I would like to entertain a motion. MOTION: GOECRE MOVED TO APPROVE RESOLUTION PZ 93-8. BANNOCR SECONDED. ***DISCUSSION - VERBATIM*** Bannock - I'm wondering if we need to get Mr. Hibbert's conditions, or self-imposed restrictions on the measure do we need to make another amendment? Do we need to treat that as an amendment to the main motion? Do we want to talk about those items? Glick - If you wish to put them on there you probably need to make j an amendment to get them on the record. Bannock - Than for the record, I would like to make an amendment to the main motion to include the list of conditions brought up by Mr. Hibbert to be added to the motion. Bryson - Do we have a motion on the floor? Glick - Yes, we have closed the public hearing and we have a motion on the floor. Do we have a second on that amendment? Hanson - Could you specify those again for me? Bannock - I tried writing down the best I could. No change out of cars. And that was something that was discussed at length at our last meeting. AMENDED MOTION: BANNOCR: NOT MORE THAN TWO TAXIS ON THE GROUND AT ANY TIME. SERVICE ONLY AS NEEDED, EXAMPLES, TIRES AND HEADLIGHT; THE DRIVERS TARE A DIFFERENT ROUTE THROUGH THE NEIGHBORHOOD; ALL WORK WOULD BE DONE INSIDE THE GARAGE; AND NO CARS PARKED OUTSIDE WITH THE EXCEPTION OF THE TWO CARS. BRYSON SECONDED. Glick - Okay, and that's your amendment to the motion? Okay, now } do we have a second on that? Bryson - I'll second the motion. Glick - Okay, it's been moved and seconded to amend the motion as KENAI PLANNING AND ZONING COMMISSION March 24, 1993 - Meeting Page 4 Duane read. Do we have any comments from the Commissioners on that? Bryson - I guess I have a question for Administration. Jack, would you, do you feel that this activity has been sufficiently reduced to the level of a Home Occupation, at this point? La Shot - Well, that's a good question. Normally a home occupation is something that wouldn't normally be noticed by other people in the neighborhood, by the definition. This was originally brought to us by someone in the neighborhood that's why I said in the staff report "I believe considerable weight should be taken from public testimony." Goecke - To kind of go along with what Jack is saying, it's suppose to be something that is going on in a neighborhood that would not necessarily be noticed. One of the things in the code is Beauty Shops. Your wife can have a Beauty Shop in her house and I'll guarantee you'll notice that amount of traffic. That's out there for you, so I don't see personally where as long as he's going to cut down on the amount of vehicular traffic that he generates, I don't think that the traffic is going to be any worse there. Correct me if I'm wrong, but I don't see where there's any difference between those two houses. La Shot - Now remember this is a CUP. It's no longer a home occupation permit. Glick - Are there any other comments from Commissioners? Bannock - I talked to several people involved in this and I've done alot of thinking about it myself. Some of the restrictions Brent and I have talked about and the reason I'm leaning toward this is because I think he is entitled to have his two company cars there. One thing that is unique about his company cars is they're emblazoned with his company name all over them. I'm not that much different in that I drive a company car home every night but my neighbors don't know it. My neighbor right across the street does drive a company car with his company name emblazoned all over it. It's his personal driver. He only has one but there are two cars parked in his driveway. Probably his wife owns a car as well as the one he drives. So I don't think having two cars in his driveway - if Brent owns two cars that happen to be painted like a taxi - I'm having a real tough time finding how we can say no to that. I'm still struggling a little bit with the operation going on back there. I think that our biggest problem that I have heard in the last few weeks has been the amount of cars driving through the subdivision. But I think with a real honest effort from Brent and ~ with a serious eye out for enforcement this situation can work. It will only work if we are on the honor system and I' 11 hope that this system works. But I think that the requirements are there and I think that the code gives us the opportunity, and maybe unfortunately for people that don't feel that commercial business belongs in a residential area, conditional use permits do allow KENAI PLANNING AND ZONING COMMISSION ` March 24, 1993 - Meeting Page 5 for just that, and that's exactly why they're in there. Glick - Other comments? Bryson - When a vehicle is working, say during the day or evening or whatever, does it return to your house as a home base if it's not immediately hired? Or does it remain in the downtown area of Kenai or in Soldotna? Hibbert - If it's not being used? Bryson - Yes, if it's not being hired? Hibbert - Yes, it stays in the area. They usually park at the airport. At nights they hang around the bars (inaudible) The only time they come out by the house is if they have a problem, like if they have a flat tire. Or, if one of the drivers change shifts. That's the only time I would see the car. What I drafted tonight would be to discontinue changing the cars out there . (inaudible). Bryson - Again, addressing the Commission, I guess I see the traffic as a lessor problem at this point. I guess the resistance of the neighbors is the prime point of contention.. It would appear that the sort of traffic they would create during the day, at this reduced level, is similar to which a vehicle would be used anyway, to the people who would live around there. My problem would be the lack of agreement at this point of the neighbors. McComsey - I have a question here, just being so new. Say we give him the CUP with the conditions and than how does the enforcement work on that? Does Mr. Elson or Mr. Hult come in and say the cabs running in and out of there again and than it's right back before us again? How does that work out? La Shot - We don't have enough people to go around and check on all these things. We rely on the people in the neighborhood to report problems and than we can check into it. Glick - So than we could revoke it, is that what your saying. Bryson - The normal procedure, I believe, if we have a complaint it would go through Administration and they would attempt to handle it at that level. They would probably contact the people and ask them, if they weren't conforming - to conform. Lashot - We would probably try to contact the people first and if that didn't work out it would come back to P&Z. Glick - Any more questions? ~ Hanson - Well, I have one more comment. When Duane itemized the conditions the fourth one you itemized was the drivers' use a different route. I'm wondering if you might want to change that language to something like "whenever possible drivers should use roads which are maintained by the City." KENAI PLANNING AND ZONING COMMISSION March 24, 1993 - Meeting Page 6 ~ Bannock - That is a very good question and perhaps Mr. Hibbert could explain to us what the different route is. Hanson - My impression is that there are two routes into the property. You can comment on this. There are two routes into the property, one which is maintained, and one that is not? Hibbert - There are two which are maintained and one that is not. One is maintained only in the winter. Bannock - That's certainly fine with the make of the motion. Glick - How about the second? Bryson - I have no problem with that. ***END VERBATIM*** VOTE - AMENDED MOTION: BANNOCR: NOT MORE THAN TWO TAXIB ON THE GROUND AT ANY TIME. SERVICE ONLY AS NEEDED, EXAMPLES: TIRES AND HEADLIGHTS; WHENEVER POSSIBLE THE DRIVERS TARE ONLY CITY MAINTAINED STREETS THROUGH THE NEIGHBORHOOD; ALL WORK WOULD BE DONE INSIDE THE GARAGE; AND NO CARS PARKED OUTSIDE WITH THE EXCEPTION OF THE TWO CARS THE HIBBERT'8 ~ DRIVE. BRYSON SECONDED. Bannock Bryson Glick Goecke 'Hanson McComsey Scott''' YES YES YES YES YES YES ABSENT MOTION PASSED UNANIMOUSLY. VOTE - MAIN MOTION: GOECRE MOVED TO APPROVE RESOLUTION PZ 93-8. BANNOCR SECONDED. Bannock Bryson Glick' Goecke Hanson McComsey Scott' YES NO NO YES YES YES ABSENT MOTION PASSED BY MAJORITY VOTE. b. Resolution PZ 93-9: Encroachment - Blannina ***PUBLIC HEARING*** Glick - Opened the meeting to the Public Hearing and asked if there was anyone in the audience who wished to testify? Seeing none he KENAI PLANNING AND ZONING COMMISSION March 24, 1993 - Meeting Page 7 closed the public hearing and brought the item back before the Commission. Bannock - Asked for clarification on the location of the property involved. He requested that in the future the house address be shown on the application. Bryson - Noted that he would be voting on the item even though the applicant's son worked with him. MOTION AND VOTE: GOECRE MOVED APPROVAL OF RESOLUTION PZ 93-9. BRYSON SECONDED. Bannock Bryson Glick 'Goecke >~ Hanson McComsey Scott' YES YES YES YES YES YES ABSENT MOTION PASSED UNANIMOUSLY. c. Resolution PZ 93-10: CUP -__Grubb La Shot - reported that the Planning Department had received the wrong legal description for the public hearing notifications. He ~ suggested that the public hearing be started and continued to the next meeting. This would give Staff time to send the notice to the surrounding property owners and interested parties based on the correct legal description. ***PUBLIC HEARING*** Glick - Asked if anyone wanted to testify about this CUP? Seeing none, the item was moved to the following agenda. 6. PLANNING a. Resolution PZ 93-11: Home Occupation - Whitford Glick - Introduced the item and asked for a motion. MOTION: BRYSON MOVED APPROVAL OF RESOLUTION PZ 93-11. GOECRE SECONDED. ***DISCUSSION*** La Shot - Reported that the property was directly across from Swires Drive. It is adjacent to a commercial area. Bryson - Added for the record that sometimes Whitford and his company work together, but he would still be voting on the issue. VOTE: I~ Bannock I Bryson I ..Glick I Gaecke + Hanson' I McCamsey I Scott. ~I KENAI PLANNING AND ZONING COMMISSION March 24, 1993 - Meeting Page 8 YES YES YES YES YES YES ABSENT MOTION PASSED UNANIMOUSLY. b. Landscape Site Plan Review - Gensel Day Care Center Glick - Introduced the item. A conditional use permit had already been approved by the Commission for this activity and now the Landscape Site Plan required approval. La Shot - Pointed out that the plan contained a mixture of natural vegetation and new landscaping. La Shot felt that the plan was adequate to satisfy the KMC requirements and recommended approval as submitted. Bryson - Noted he would be abstaining from voting on this item because he had worked on the project. MOTION AND VOTE: GOECRE MOVED APPROVAL OF THE LANDSCAPE/SITE PLAN FOR GENSEL DAY CARE CENTER AS SUBMITTED. MCCOMSEY SECONDED. Bannock Bryson Glick Goecke Hanson ' McComsey Scott YES ABSTAIN YES YES YES YES ABSENT MOTION PASSED. c. Easement Reservation - Gilles La Shot - Reported that the individual came to the City and asked that a certain easement be released. Reservation of easement was to the City of Kenai in 1967, before the property was transferred to a private party. La Shot felt perhaps it had been a blanket easement but the City no longer needed the easement for utilities. He .recommended forwarding this back to Council with P&Z recommendations. MOTION AND VOTE: GOECRE MOVED TO PASS BACK TO COUNCIL WITH RECOMMENDATIONS. HANSON SECONDED. Bannock Bryson Glick 'Goecke Hanson McComsey Scott> YES YES YES YES YES YES ABSENT MOTION PASSED UNANIMOUSLY. d. Resolution Pz 93-12: Home Occupation - Anderson KENAI PLANNING AND ZONING COMMISSION 'March 24, 1993 - Meeting Page 9 Glick - Introduced item and asked for a motion. MOTION: GOECRE MOVED APPROVAL OF RESOLUTION PZ 93-12. BANNOCR SECONDED. La Shot - Reported that the applicant will be running a Computer Sales and Service business from this location. All service and sales will take place at the customers' home or business. Staff recommended approval with a limit on the term of permit of up to one year or less as the applicant indicated it would be a temporary situation. He added that the applicant had received permission from the property owner. Glick - Asked if the Commissioners had any questions for the applicant? He than asked Mr. Anderson to step to the podium. Bryson - Asked if Anderson owned the property. Anderson - I don't own the property, I rent one unit of it. Bryson - Would the area used for the office meet the CUP requirements? Anderson - Yes it would be approximately 25% of total square feet. Goecke - Is it still your intention that this just be a temporary use? Anderson - Said he intended to be in an office in the near future if things work out. He asked if the temporary note might be stricken from the permit as he may need to stay there for a longer period of time if he didn't have enough capital to move to an office. VOTE: Bannock Bryson Glick Gaecke Hanson McComsey Scott YES YES YES YES YES YES ABSENT MOTION PASSED UNANIMOUSLY. e. Landscape Review - Kitchen Express La Shot - Reported that the applicant had already begun the work on the addition to the building. However, no building permit can be issued until the landscaping/review plan is approved. The site appears to be adequate to accommodate the additional parking required by the KMC. Bryson - Noted he would be abstaining from the vote as he had KE13AI PLANNING AND ZONING COMMISSION March 24, 1993 - Meeting Page 11 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS 13. COMMISSION COMMENTS & QUESTIONS Bannock - None. Bryson -None. Goecke -None. Glick - Indicated that Chairman Kathy Scott had resigned from the Commission and that she would be missed. Hanson - Said he had enjoyed his tenure on the Commission. Smalley - Thanked Hanson for his service to the Community and wished him good luck in his new position. Smalley said that the Council would be appointing people to fill these vacant seats at their next meeting. 14. ADJOURNMENT There being no further business the meeting was adjourned at approximately 8:30 p.m. ~ Res ctfully submitted, o et ar y Administrat've Assistant Planning