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HomeMy WebLinkAbout1992-05-13 P&Z Minutes~ RENAI PLANNING & ZONING COMMISSION May 13, 1992 - 7:00 P.M. City Hall Council Chambers Chairman Art Graveley AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - April 22, 1992 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING a. Resolution PZ 92-10: CIIAP No 6 b. Resolution PZ 92-12: Cabin Rental Code Change c. Resolution PZ 92-13: Central Commercial Code Change 6. PUBLIC HEARINGS a. Resolution PZ 92-8: Davidson Conditional Use Permit - ~ Cabin Rental - (Continuation) b. Resolution PZ 92-9: Rezone Townsite Historic Zone 7. OLD BUSINESS a. Resolution PZ 92-11: Haven Street Street Name Change Eadies Way to 8. NETS BUSINESS 9. REPORTS a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 1. City Council Agenda 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT c:\wp51\pzmin92\agen5.13 ! RENAI PLANNING & ZONING COMMISSION May 13, 1992 - 7:00 P.M. City Hall Council Chambers Chairman Art Graveley ***MINUTES*** 1. ROLL CALL Commissioners Present: Phil Bryson, Duane Bannock, Art Graveley, Bernard Landeis, Saylor Rehm, Kathy Scott Absent: Carl Glick (excused) Also Present: Councilman Hal Smalley Jack La Shot, City Engineer Loretta Harvey, Transcribing Secretary 2. APPROVAL OF AGENDA Chairman Graveley asked that additions be made to the Agenda under items 10. Persons Present Not Scheduled - Jim Bookey, and 11. Information Items - Possible Code Violation - Portlock Street. 1 MOTION AND VOTE: Bryson moved approval of Agenda as amended. Graveley asked for unanimous consent. 3. APPROVAL OF MINUTES - April 22, 1992 MOTION AND VOTE: Bryson moved approval of minutes as presented. Passed by unanimous consent. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING a. Resolution PZ 92-10: CIIAP No 6 Scott seconded. Landeis seconded. La Shot explained that this parcel was next to the new Carr's and is being replatted to better meet the needs of potential development. Owner had indicated that he may be in the process of selling this property. Public Works will be reviewing development plans as they come in. KENAI PLANNING AND ZONING COMMISSION May 13, 1992 Page 2 MOTION: Scott moved approval of Resolution PZ 92-10: Cook Inlet Industrial Air Park No 6. Landeis seconded. Bryson noted that he would be abstaining from the vote as he had a business interest with the owner of the lot. VOTE: Bannock: Yes Graveley: Yes Landeis: Yes Scott: Yes Bryson: Abstain Rehm: Yes b. Resolution PZ 92-12: Cabin Rental Code Change La Shot reported that this resolution relates to item 6 a. under Public Hearing relating to rental cabins in the Rural Residential zone. La Shot referred to the memorandum from the City Attorney, Cary Graves. Which gives the opinion that cabins should not be viewed as residences. The recommendation from the City Attorney and Staff is to add cabin rentals under the miscellaneous section of the Land Use Table. MOTION: Bryson moved approval of Resolution PZ 92-12: Cabin Rental Code Change. Scott seconded for discussion purposes. **Discussion** Graveley introduced the Resolution to the Commission. Scott felt that this Resolution was not placed correctly on the agenda. Perhaps the cabin rentals should be considered before the amendment to the Land Use Table. Bryson said he was comfortable with the placement of the Resolution on the agenda. Bryson said he felt that the Cabin Rentals could be approved on the condition that the operation not begin until the effective date of the ordinance. Graves suggested that the request for approval of Resolution PZ 92- 8 be contingent on the Code being amended. Bannock said that he felt this was a bad resolution since the following item of business was contingent on passing Res. PZ 92-12. He felt that Davidson's did not require a Conditional Use Permit (CUP), so this resolution is not needed. Cabin rentals is a word the City invented a couple of weeks ago, looking in the code book there are other words which apply, such as "dwelling unit". The city has done a good job of defining what is allowed in the Rural Residential zone. I do not feel it is the Commissions job to interfere in the Davidson's plans, by telling them what kind of cabins, how big, etc. Scott asked Graves to clarify the statement in memo regarding the Bryan Lowe CUP. Indicates that "the zoning ordinance allows for KENAI PLANNING AND ZONING COMMISSION May 13, 1992 Page 3 uses not specifically permitted to be authorized as a conditional use provided that the following conditions are met (KMC 14.20.150 (b) (1)) "• Graves said that he felt the former Administration may have misinterpreted the Code in the past. That sentence is in 14.21.50: "There are some uses which may be compatible with principal uses in some zones if certain conditions are met." The memorandum ignores the sentence two sentences down. "The allowed conditional uses are listed in the Land Use Table." That sentence is very clear, the only allowed conditional uses have to be listed in the Land Use Table. Bannock referred to the Land Use Table and noted that if this was not called a "cabin rental" but a small one bedroom dwelling, it would already be addressed. Graves read the definition of dwelling in the code, "as a building or any portion thereof designed or used exclusively for residential (and I stress that word), occupancy, including one family". So a dwelling has to be a residential unit, and while residential is not defined in the code, the common definition is occupancy on a permanent basis. Cabin rentals are not considered permanent occupancy. Websters defines residences as, "the act or fact of dwelling in a place for some time, or, the place where one actually lives, as distinguished from his domicile or temporary sojourn." The definition is a permanent place where you live, not a cabin that you rent for a weekend. I don't think "dwelling" would meet the definition of a weekend cabin rental because of the definition of residential, that's my concern with the term dwelling to cover cabin rentals. Scott said she felt that the Davidson's intent was for a commercial venture, as a daily rental, not a residential use. She asked if someone could clarify the intent, if it was different then she described. Mrs. Davidson said the cabins would be rented on a daily or weekly rental basis, but may be rented throughout the winter months. Smalley said he felt that the resolution was an affirmative action in regards to Resolution 92-8. The cabin rentals may not be allowed until the Land Use Table is changed. He asked the City Attorney what he felt the City would do in regard to the potential rental cabins? Graves said if 92-12 fails and 92-8 passes, there is a substantial likelihood that the Administration would not issue the building permit for the cabins. Bannock asked how the Administration could turn the permit down based on 14.21.50 specifically addresses that exact problem. Graves,"as I said the Code says, the allowed conditional uses are listed in the land use table. That use is not listed in the Land KENAI PLANNING AND ZONING COMMISSION May 13, 1992 Page 4 use Table and would not be listed, so that CUP would be in clear violation of the code and we in the Administration don't violate the code." Bannock responded that a CUP is allowable, and all we have to do is get four people here to decide that these cabins are compatible with the principal uses in the zone. Graves said he disagreed with Bannock. Bryson called for the question. Graveley asked for the vote on Resolution Pz 92-12: A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending a change in the Kenai Municipal Code amending Land Use Table Rural Residential Zone (RR), and Recreation (R) Zone uses. VOTE: Bannock: No Graveley: No Landeis No Scott: Yes Bryson: Yes Rehm: No Motion fails. c. Resolution PZ 92-13: Central Commercial Code Change La Shot explained that this item refered to item 6 b. Resolution PZ 92-9: Rezone Townsite Historic Zone. If approved, this rezone will make portions of the present TSH zone Central Commercial. Presently the CC zone allows residences as a secondary 1. The Staff would like to make residences allowed as a secondary use. MOTION: Bryson moved approval of Resolution PZ 9~-13: Central Commercial Code Change. Bannock seconded. Bryson said he felt this was a logical approach to allowing residential uses in this zone. VOTE: Bannock: Yes Scott: Yes Passed unanimously. 6. PUBLIC HEARINGS Graveley: Yes Landeis Yes Bryson: Yes Rehm: yes a. Resolution PZ 92-8: Davidson Conditional Use Permit - Cabin Rental - (Continuation) Graveley introduced the Resolution and explained that this was a continuation from the previous meeting. Bannock requested a brief recess. KENAI PLANNING AND ZONING COMMISSION May 13, 1992 Page 5 Graveley granted recess at approximately 7:25 p.m. Meeting reconvened at 7:35 and was opened to public hearing: William Johnson, 565 Wortham, said that he was concerned about the investment he had in neighboring property. He chose the 3W subdivision because of its rural, quiet,. setting. He asked the Commission to take into account the 'investment of neighboring property owners. He expressed concerns over the condition of the cabins, whether they could have port-o-potties, and also the condition of Ross Street. Landeis asked Johnson, if there was any way that the cabins could be built without effecting his property value? Johnson replied "possibly". James Montgomery, 535 Wortham, Kenai, urged the Commission to deny the permit in a single family neighborhood. He said that the original developer Mr. Wortham had been approached about rental cabins, and wouldn't allow them. Montegomery felt that area had tolerated lots of things for tourism, and he felt further development will limit resident's activities. He expressed concern over the poor condition of Ross Street, the decline in property values and urged the Commission to deny the CUP. Bannock asked what specifically would make property values decline. Montegomery said that people who rent cabins often drink and raise hell. He was concerned over the addition traffic and noise this development might cause. Jim Davidson, 565, Robin Drive, Kenai, (applicant's father), said that the 3 W Subdivision was part of his original homestead. There are 6 lots, approximately 330 feet in depth which run along the back of his property which will act as a buffer. The residents of 3W should not be able to see the cabins from the subdivision. The applicant would not have to access the cabins from Ross Street or Wortham, as the DOT had issued an access permit from~the Spur highway. Davidson presented pictures of the cabins and floor plans to the Commission (attached). The septic systems will be engineered by McLane and Associates. Scott asked if Davidson intended to rent the cabins on a year round basis? Davidson said that the Bed & Breakfast would operate from their home, and the cabins were intended as a seasonal rental, to compliment the B & B. KENAI PLANNING AND ZONING COMMISSION May 13, 1992 Page 6 MOTION: Bannock moved approval of Resolution PZ 92-8: Conditional Use Permit for Cabin Rentals - Davidson. Landeis seconded. *Discussion* Scott asked Graves, how he felt the Administration would deal with the CUP if the Commission approved it, after rejecting Resolution PZ 92-12? Graves thought the Administration would have to discuss P & Z's contravening of the Code. Bannock hoped the Commission would take the same action they have taken on similar CUPS in the past and approve the Resolution. He did not feel the Commission should be concerned about the condition of Ross Street. He saw no reason to deny the permit, as he felt it was compatible with uses already existing in the zone. VOTE: Bannock: Yes Graveley: Yes Landeis: Yes Scott: No Bryson: No Rehm: No Motion fails due to tie vote. Smalley suggested that before continuing on with agenda items, members should discuss a call for reconsideration. Landeis called for a brief recess at approximately 8:18. Graveley called the meeting back to order at 8:25, and asked for additional Commission comments on the above item. MOTION: Scott asked for a reconsideration of the vote on the Conditional Use Permit for Cabin Rentals submitted by Leila Davidson. Landeis seconded. - Scott asked for a more formal site plan, drawn to scale so the Commission can determine the exact location of cabins in relationship to lot size, etc. **Vote on reconsideration will be on next Agenda. b. Resolution PZ 92-9: Rezone Townsite Historic Zone Graveley introduced this Resolution with a brief report. Present ctoals of Townsite Historic and Central Commercial and prot~osed changes Townsite Historic: Goal to manage all new development and reconstruction by requiring all applications for a building permit to submit an application to the appropriate body for approval prior KENAI PLANNING AND ZONING COMMISSION May 13, 1992 Page 8 Jim Arness, Box 1601, Kenai, testified that he owned property adjacent to Cherrier and felt that the city was unclear in its intentions for this area. He felt if the zone was reduced the rules which govern that zone should also be clarified. He felt the present ordinance was too broad. He had plans for some development on his property and wondered if it would be wise for him to remain in the TSH zone. Bannock told Arness that it might be a good idea for him to be in the CC zone, since it was less restrictive. The line for CC could be moved to include his lots, 5 & 6. Scott explained that the code is presently very restrictive. An application for most improvements must come before the Commission. The CC zone will allow a variety of uses. Bryson told Arness he felt his buildings were a very positive part of the TSH zone. Arness has renovated older buildings and is utilizing them for his business. These buildings are appealing and do not detract from the Mission grounds. Arness said, under the present ordinance, if he was to make alterations he would have to go before P&Z, City Council, and Howard Hackney (Building Official). He asked the Commission why he 1 would wish to subject himself to additional restrictions and P & Z review? Bannock told Arness if he wished to be included in the CC zone an amendment to the rezone map could be made. Leda Scmidt, Box 1346, Kenai, member of the Russian Orthodox Church, said she was please with the proposal but had some questions regarding the ordinance. Graveley reminding Scmidt that the hearing was for the zoning boundaries only. The ordinance was not being changed at this time. Schmidt said that there had been a problem in TSH before, that she wished would be avoided by this rezone. She thought the boundary was attractive, but was concerned over some of the wording in the written ordinance. Marcarius Targonsky, Box 3427, Kenai, said that during the work sessions for this rezone the Commission had promised to work on the Ordinance. He objected to Mr. Cherrier taking his building out of the TSH zone. He felt that the ordinance was too ambiguous and needed to be more restrictive in the TSH portion. He urged the Commission to take the directive from the Mayor and amend the code along with the zone boundaries. Graveley asked for more public comment. Seeing no request from the public, he closed that portion of the public hearing. He than read a letter from Frances Meeks of the Kenai Historical Society (attached). He than brought the issue back to the Commission. KENAI PLANNING AND ZONING COMMISSION May 13, 1992 Page 9 MOTION: Bryson moved approval of Resolution PZ 92-9: Rezone of Townsite Historic Zone. Rehm seconded. Graveley asked if Bryson's motion was for the original boundary lines decided on at the work session. Bryson said the intent of the motion was in regards to the map included in the packet and Public Hearing Notice. He felt that Arness's lots were a positive portion of TSH and that Cherrier's apartments acted as a buffer for the church property. Bannock asked that the Commission take a brief recess at approximately 9:20 p.m. Graveley reconvened the meeting at approximately 9:25. He reminded the Commission they had a motion on the table. AMENDED MOTION: Bannock moved to amend. the main motion to move the boundary of TSH zone so Lots 1,2,3 & 4, B1 7, Original Townsite Historic be included in the CC zone. Landeis seconded. Cowan asked that the Public Hearing be reopened in light of the amendment. Bryson said he felt the major changes addressed in the rezone had been adequately addressed in the public hearing, but it could be reopened if the Commission felt it was necessary. Bannock said he had no objection to reopening the hearing in regards to his amendment. Second concurred. Cherrier wished to clarify to the Commission that he had three sons who live in Alaska who would have ownership of the apartments in case of his death. He felt they would continue to be good neighbors to the church and respect it's historic value. Becky Tromblee, 510 Mission, asked if the surrounding property owners were allowed to pull out of the TSH zone, why she couldn't? Graveley asked Tromblee to indicate her property on the display map. Tromblee pointed to her property which is across from the church. Bryson said that Cherrier and Arness owned property which bordered the proposed zone. In her situation the Commission would be ~ creating a spot zone, which is not allowed. Arness felt if the Commission changed the TSH zone boundaries they should change the ordinance also. KENAI PLANNING AND ZONING COMMISSION May 13, 1992 Page 10 Graveley said there had been some differing opinions as to whether the TSH ordinance should be rewritten. It was decided that the boundaries should be changed first and if needed the ordinance would be addressed later. Tromblee asked if all the remaining 7 property owners who were left in TSH wished to be excluded from that zone, would the Commission consider this? Graveley said he didn't have a good response for this. Tromblee said she felt that the Ordinance should have been changed before the boundaries were changed. Gravely asked for further public comment. Seeing none he closed the public hearing and called for the question. AMENDED MOTION VOTE: Bannock: Yes Graveley: No Scott: No Bryson: No Amended motion fails. VOTE: i Bannock: Yes Graveley: Yes Scott: Yes Bryson: Yes Motion passes unanimously. 7. OLD BUSINESS Landeis: Yes Rehm: No Landeis: Yes Rehm: Yes a. Resolution PZ 92-11: Street Name Change Eadies Wav to Haven Street Graveley introduced the Resolution recommending that the Kenai City Council request the Kenai Peninsula Borough change and establish the name of a certain existing street with the Kenai City Limits. MOTION: Scott moved approval of Resolution PZ 92-11. Landeis seconded. La Shot explained that the Commission had requested the petition in response to a letter they received suggesting this name change. Bryson noted that the petition seemed to be selective and wondered if the names had been obtained by official notification methods. Harvey explained that this petition was started by a private party and no official notification is required by the City. Bannock felt the Commission should pass this on to Council for consideration. KENAI PLANNING AND ZONING COMMISSION May 13, 1992 Page 11 VOTE: Bannock: Yes SCOtt: Yes Motion passes. 8. NEW BUSINESS 9. REPORTS Graveley: No Landeis: Yes Bryson: No Rehm: Yes a. City Council Councilman Smalley reported on Agenda items. b. Borough Planning Bryson had no report. c. City Administration Harvey reported that the Comprehensive Plan had been approved at the Borough level and would be going to the printers soon. Bill Brighton, City Manager, reported that the public hearing on this item had been held in Seward, making some Assembly members wonder if the City was trying to pull a fast one. Smalley reported that the City had been chosen as a finalist in the All American City competition. There were 30 finalists out of about 140 applications. 10. PERSONS PRESENT NOT SCHEDULED a. Jim Bookey - CUP RV Park Bookey said that his CUP would be in the next meeting packet, but wondered if the Commission might have some questions before that meeting. Graveley asked how many trees would need to be removed for that development? Bookey said 12 to 15 trees may need to be removed. 11. INFORMATION ITEMS 1. City Council Agenda 2. Possible Code Violation - Portlock Graveley asked that item 2. be moved to next agenda for further consideration. KENAI PLANNING AND ZONING COMMISSION May 13 , 19 9 2 Page 12 12. COMMISSION COMMENTS & QUESTIONS MOTION: Bannock moved to amend 14.20.150 Conditional Uses: (a) Intent: deleting the third sentence which reads: [The allowed conditional uses are listed in the Land Use Table.] Landeis seconded. Bryson said this could be moved to get the item before the Commission in the future. Graveley requested that the City Attorney's office prepare a resolution on this item for the next packet. VOTE: Bannock: Yes Graveley: Yes Landeis: Yes Scott: Yes Bryson: Yes Rehm: Yes Motion passes unanimously. Scott encouraged Councilman Smalley to introduce the Ordinance regarding amending the Land Use Table to allow Cabin Rentals, to the City Council. She also requested that a review be prepared on the Foster CUP on Beaver Loop, to make sure they are in compliance with their application. Smalley said that application was approved on appeal and the RV Park is part of the restoration plan for the CUP. Scott asked if there was a time limit for the RV Park to be complete? Graveley requested that Staff research this item and prepare a report for the next meeting. He also requested that Administration review developments on Angler Drive which the Commission may need to take action on. 13. ADJOURNMENT There being no further business, the meeting was adjourned at approximately 10:50 p.m. Respectfully submitted, ore ta~vey Transcribing Secretary