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HomeMy WebLinkAbout1992-10-14 P&Z Minutes~~ RENAI PLANNING & ZONING COMMISSION October 14, 1992 - 7:00 P.M. City Hall Council Chambers Chairman Art Graveley AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - September 9, 1992 4. PLANNING a. Resolution PZ 92-30: D.E. Oehler S/D No. 2 b. Resolution PZ 92-32: Wildwood 5. PERSONS PRESENT SCHEDULED TO BE HEARD 6. PUBLIC HEARINGS a. Resolution PZ 92-31: Luebke - Variance 7. NEW BUSINESS 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See 9. CODE ENFORCEMENT ITEMS a. Irene's Lodge b. Quandt Property 10. REPORTS a. City Council b. Borough Planning c. Townsite Historic Task Force d. City Administration il. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS 1. Kenai Spur Highway Plans - Available at Meeting 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT RENAI PLANNING & ZONING COMMISSION OCTOBER 14, 1992 7:00 P.M. RENAI CITY HALL COUNCIL CHAMBERS CHAIRMAN ART GRAVELEY, PRESIDING ITEM 1: CALL TO ORDER AND ROLL CALL Chairman Graveley called the meeting to order at approximately 7:02 p.m. in the Council Chambers in the Kenai City Hall Building. Commission members present were: Graveley, Bannock, Goecke, Scott, Bryson and Hanson. Absent was Glick. Other persons present were City Engineer Jack LaShot, Councilman Hal Smalley, and City Clerk Carol Freas. ITEM 2: APPROVAL OF AGENDA MOTION: Commissioner Bryson MOVED for unanimous approval of the agenda as presented and Commissioner Scott SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES MOTION: Commissioner Bryson MOVED for approval of the minutes of the September 9, 1992 Planning & Zoning Commission meeting and requested UNANIMOUS CONSENT. Commissioner Goecke SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PLANNING a. Resolution No. PZ 92-30 - Preliminary Plat Approval/D.E. Oehler Subdivision No. 2. LaShot stated that the vacation of the alleyway was before the Commission in March. The vacation has been approved by all concerned parties. The vacation will allow the Kenai Christian Church the opportunity to expand. LaShot added that he is not sure if they plan to build a separate building or add on to the present structure. LaShot added that Public Works recommends the approval of the plat. It is their belief that it will be better to have the alleyway removed so not to have public access to maintain. PLANNING & ZONING COMMISSION MEETING MINUTES OCTOBER 14, 1992 PAGE 2 MOTION: Commissioner Bryson MOVED for approval of the preliminary replat of D.E. Oehler Subdivision No. 2 and Commissioner Scott SECONDED the motion. Goecke stated his concern that the Church had already begun building and that this is an after-the-fact approval. LaShot stated that a building permit is not required for excavation or clearing of property. To his knowledge, no form work has been done. Goecke stated that he is not aware of form work being done either. However, he drove by and observed ground work. Graveley stated that they are within their limits. VOTE: Bannock: Yes Glick: Absent Graveley: Yes Goecke: Yes Scott: Yes Bryson: Yes Hanson: Yes MOTION PASSED UNANIMOUSLY. b. Resolution No. PZ 92-32 - Approval of Preliminary Plat/Wildwood Correction Subdivision. LaShot stated that a very small amount of the property being transferred is within the City of Kenai. The only reason this item is being brought to Council is due to that small piece of the property inside the City. LaShot added that it is his understanding that the plat will help the transfer of the property to the Department of Corrections. MOTION: Commissioner Bryson MOVED for approval of the preliminary plat of Wildwood Corrections. Commissioner Hanson SECONDED the motion. PLANNING & ZONING COMMISSION MEETING MINUTES OCTOBER 14, 1992 PAGE 3 VOTE: Bannock: Yes Glick: Goecke: Yes Scott: Hanson: Yes Absent Graveley: Yes Yes Bryson: Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PERSONS PRESENT SCHEDULED TO BE HEARD None. ITEM 6: PUBLIC HEARINGS a. Resolution PZ 92-31 - Approval of Variance Permit/Rick Luebke/Lot 8, Doyle Subdivision. LaShot stated that there is an existing foundation on the property with footings. Luebke wishes to build a one-story single-family home using the existing foundation and add to them. Luebke will require an encroachment permit because he will be going into the setback by 1.8 feet. The lot behind the property is an undeveloped government lot of 2.5 acres. The cul-de-sac is off East Aliak and on Roy Way. LaShot reported that Luebke was present to answer questions. Graveley asked if there was a right-of-way there. Luebke answered no. Luebke stated there is the required 20 ft. setback in the back and he would like to extend into it about 22 inches. Luebke added that there was no development behind him. Graveley asked if there were any questions from the Commission or others wishing to speak regarding this permit application. There were none. Graveley declared the public hearing closed. MOTION: Commissioner Bryson MOVED for approval of the variance request for Rick Luebke and Commissioner Hanson SECONDED the motion. Luebke stated that he is waiting for the approval of the permit in order to begin pouring the footings. PLANNING & ZONING COMMISSION MEETING MINUTES OCTOBER 14, 1992 PAGE 4 Commissioner Scott was concerned that the public hearing notice states a request for a "variance permit" in one paragraph and an "encroachment permit" in another. Scott asked if this would be a problem. Bryson stated that the conditions were set in the resolution. Bryson added that he believes Luebke is tied into the existing foundation. Bryson stated that he believes this is reasonable to allow. There were no other comments. VOTE: Bannock: Yes Glick: Absent Graveley: Yes Goecke: Yes Scott: Yes Bryson: Yes Hanson: Yes MOTION PASSED UNANIMOUSLY. Councilman Smalley asked if the property is to be sold later, will they need an encroachment permit or will this protect the situation? LaShot stated he believed this approval will go with the property. Luebke stated that the person across the street has a variance within 11 feet of her property. ITEM 7: NEN BUSINESS None. ITEM 8: OLD BUSINESS a. Resolution No. PZ 92-26 - Rezone Approval/Lots 1 and 2A, Schurr Subdivision. MOTION: Commissioner Scott MOVED to table Resolution No. PZ 92-26 until a response is received from the applicant. Commissioner Goecke SECONDED the motion. Bryson suggested to limit the tabling to one year. PLANNING & ZONING COMMISSION MEETING MINUTES OCTOBER 14, 1992 PAGE 5 MOTION TO AMEND: Commissioner Scott amended the motion to fable the resolution for not more than one year. Commissioner Hanson SECONDED the motion. There were no objections. 80 ORDERED. VOTE ON AMENDED MOTION TO TABLE: Bannock: Yes Glick: Absent Graveley: Yes Goecke: Yes Scott: Yes Bryson: Yes Hanson: Yes MOTION PASSED UNANIMOUSLY. ITEM 9: CODE ENFORCEMENT ITEMS a. Irene's Lodge ~ Graveley referred to the documentation of the workings of the Lodge which were included in the packet. Graveley stated he thought the business should be allowed to continue as is. Goecke agreed. Bannock stated he did not disagree, however over the four years he has been on the Commission, the complaint has come to the Commission four times. Bannock asked what Administration will say when the question comes up again. Graveley stated that the documentation and the information forwarded by LaShot is proof that Fandel is within his limits. Graveley suggested that the next complaint received should document from whom it comes. Scott suggested that a letter be sent to Fandel documenting the findings of the Commission. Scott added that she believes Fandel is well aware that people are watching him. LaShot added that he toured the facility and there is some coordination between the bed and breakfast and the guiding business. LaShot stated that he visited one of the river sites and was informed how the business is run. Smalley stated he visited with Mrs. Fandel. Smalley stated Mrs. Fandel acknowledged that there have been times when people stayed out in their back yard, but they were friends. Mrs. Fandel also admitted that they store their boats there. It is their property. Smalley added that the Commission/City is a complaint- type of business entity. When a complaint is received, the City PLANNING & ZONING COMMISSION MEETING MINUTES OCTOBER 14, 1992 PAGE 6 needs to investigate. This item has been well-documented. Smalley agreed that a letter to Fandel's stating the City's conclusions is a good idea. Hanson, Goecke and Bryson agreed. Graveley directed LaShot to send a letter to the Fandel's to include the findings and enter the letter into the record. b. guandt Property Graveley referred to the copy of the Planning & Zoning Department's letter to the State of Alaska and their response. LaShot stated that nothing else has been received. LaShot suggested giving the State a sixty-day period in which to make their field inspection and response. If nothing happens in that time, another letter should be sent. Graveley agreed that this item should be continually updated. j Commissioner Hanson was concerned that an eight-foot high fence would be adequate. Hanson added that the level of the road is a little higher than the level of the property. Hanson stated he is concerned that an eight-foot fence will still allow visibility of the property. LaShot stated that the State's comment to clean up or place an eight-foot fence may be premature. Whatever is to be done should come before the Commission for approval first. Scott suggested that when the next letter is written to the State, photographs be included. Scott added that this item requires constant follow- up. Smalley suggested that the State be encouraged to visit the site prior to more snowfall. Chairman Graveley directed that a letter and photographs been sent to the State as soon as possible. ITEM 10: REPORTS a. City Council Smalley referred to the October 7, 1992 Council Meeting Agenda which was included in the packet. Plant Test Site - Smalley informed the Commission that a request was made for the City to rename the Plant Test Site, located by the ballfields, to the Warren Larson Memorial Test PLANNING & ZONING COMMISSION MEETING MINUTES OCTOBER 14, 1992 PAGE 7 Site. Also, at Item H-8, Council approved the renewal of a use agreement for the plant test site. A ten-year renewal of the use agreement was approved. Resolution No. 92-69 - A resolution was passed by the Council which honored Building Inspector Howard Hackney. Smalley informed the Commission that the employees were collecting donations to place a plaque and tree at Memorial Park in Howard's memory. Smalley invited the Commission to donate if they so wished. Temporary City Manager Assignment - Smalley informed the Commission that while City Manager Brighton has been hospitalized, Finance Director Brown has been the Acting City Manager. Mr. Brown will be leaving town for a two-week period and in his absence, Council approved assigning Kim Howard as the Temporary Acting City Manager. Work Session - Smalley informed the Commission that he has requested a work session to discuss the bed tax and finding alternative funding to support the operations and maintenance of the Visitors Center. The work session would be in November with the hotel/motel, bed and breakfast, Council, and Visitors Center Board of Directors. Fire Training Facility - Smalley informed the Commission that a walk-through of the new Fire Training Facility will take place at 6:00 p.m. on October 21, 1992, prior to the Council meeting. b. Borough Planning Bryson informed the Commission that the Borough Planning Commission met briefly on Monday night. There were four plats to review, one of which was before the Commission tonight. Bryson reported that a complaint has been forwarded to them under Borough Ordinance No. 21-12. Alaska Roadbuilders wish to expand their batch site. The Borough Planning Director stated to them that he had not intended this ordinance to come before them, however there was a complaint and the ordinance will come before them at their next meeting. Also the Borough Commission will be hearing a complaint regarding safety and noise of Merrill McGahan's newly renovated airfield in PLANNING & ZONING COMMISSION ~ MEETING MINUTES OCTOBER 14, 1992 PAGE 8 Nikiski. This will be before the Borough Commission in the near future. Bryson added that this will be a real problem area because it is not clear whether the Borough can govern air traffic or the safety. c. Townsite Historic Task Force Goecke reported that there have been two meetings since their last Planning & Zoning Commission meeting. Different items were discussed. An archeological dig has been suggested by Alan Borass. Borass would like a dig completed before any development is allowed in the area. This could take three to four years. Goecke added that they discussed the modification of KMC 14.21.050. At this time they are working on guidelines, however, the Task Force is not sure what it is they want to do. Goecke reported that the Task Force is discussing becoming a Commission instead of a Task Force. As a Commission they would be answerable to the Council. Goecke stated he informed the Task Force of his concern that two bodies doing the same type of work would not be good. Goecke added that the proposed changes the Planning & Zoning Commission made are being modified. At this time, he is not sure how much. Graveley referred to the Task Force's mission statement which was included in the packet. Graveley stated one of the key points of the statement is to try to stay within a guideline. Graveley stated he is not totally opposed to an archeological dig, however, he pities the landowners in the area. A dig will hold them back from their plans. Bryson asked if the T investigation or area are talking about the place a cabinet shop. on private property. property is where the ask Force is looking at site specific wide. Geocke stated that he believes they area on which there was a recent request to Bryson asked if they wanted to do the dig Smalley stated that he believed that original cemetery was. Bryson asked if Council discussed a moratorium. Smalley reported that the Council decided not to allow a moratorium. Smalley added that the Council is under the impression that the Task Force will remain a task force and not be a commission. Scott stated that she believed the creation of another commission would ~ be another hoop for property owners to have to jump through. PLANNING & ZONING COMMISSION MEETING MINUTES OCTOBER 14, 1992 PAGE 9 Graveley suggested that it is made clear to the Council that he concurs with Council's recommendation to keep the task force a task force. A handle is needed to keep red tape to a minimum. Graveley added that he commends Council to not allowing a moratorium. Graveley stated he believes it is necessary to keep the bureaucracy out. Another commission or group would defeat the purpose. Bannock suggested that a time-line be given to the Task Force. Goecke stated they are well aware of a time line. Goecke added that they all agree that if something is not done constructively now, a year from now, nothing will be changed. Goecke added that Attorney Graves was requested to draft some of their ideas. Commissioner Hanson stated that he believes the task force is doing an adequate job for three hours of work. Hanson added that the rationale for them becoming a commission is because of requirements of the Historical Commission. Without a government commission, they will not be able to receive tax incentives. Scott stated this was discussed during the first meeting of the task force which she attended. Scott stated that additional duties can be assigned to the Planning & Zoning Commission and that would satisfy the Historical Commission's requirements. Smalley agreed. A code addition would be needed. d. City Administration LaShot stated that Carr's representatives have contacted him and have requested to place two large signs on their property. They were told that at this time, the Code will not allow the sign sizes they wish to place. LaShot added that he told them to proceed at their own risk. LaShot stated he suggested they apply for a variance. Bannock suggested the sign code be modified. LaShot suggested the sign size be in proportion to the business. LaShot requested advice from the Commission. Graveley stated that a variance could be done within the next month or two. LaShot stated the signs are being made. Smalley stated his concern that the size of signs they want to place may obscure traffic vision. LaShot stated he did not believe that would be a problem. PLANNING & ZONING COMMISSION 1 MEETING MINUTES OCTOBER 14, 1992 PAGE 10 Graveley suggested they request a variance permit. La5hot stated he would write a letter and state this. Bannock stated he would like to modify the sign ordinance. Bannock added that a variance would delay .the process. LaShot stated that it would depend on the amount of modification as to how quickly the modifications could go through the Commission and Council. Scott stated her concern that large corporations can push through changes where small business cannot. Scott stated that the ordinance should be fair to everyone. Bryson stated a variance could be before them for the next meeting and could be enacted at that time. Bryson added that an ordinance is initiated by the City and a variance is from an applicant. Goecke suggested that a variance be brought before them and discuss the sign ordinance after the variance is permitted. Graveley and Scott agreed. Graveley requested staff to direct a letter to Carr's and suggest they apply for a variance. Code changes can be addressed later. Bryson stated that he will abstain from any voting on that item. LaShot stated that a variance would allow Carr's to put up their signs. Scott stated that she hoped the City is not responding rapidly to large corporations and not to the smaller businesses. The City's actions need to be fair. Smalley stated that the Kmart representatives did ask for a code change because the code was not designed for the type of construction used on that mall. The code change went through quickly, however, it was a different type of change than what the sign ordinance would be. Smalley agreed that the ordinance needs to be reviewed. The Commission decided to review the sign ordinance in a work session following their next meeting. The Commission wished to have Council present. ITEM 11: PERSONS PRESENT NOT SCHEDULED TO BE HEARD None. ITEM 12: INFORMATION ITEMS LaShot stated that he had with him the preliminary road progress drawings for the Spur Highway expansion. LaShot stated that they r PLANNING & ZONING COMMISSION MEETING MINUTES OCTOBER 14, 1992 PAGE 11 show the alignment from downtown past Swires. Right-of-way maps were also available for the Commission to review. ITEM 13: COMMISSION COMMENTS AND OUESTIONS Bannock a. Met with a lady from Homer who is on their Planning & Zoning Commission. They discussed sign ordinances. Bannock stated that Homer is very restrictive with their sign allowances. Bannock stated that signs are the doormat of a business and that the Commission/City needs to care about signs. b. Bannock requested that the next agenda include a discussion regarding a possible recreational vehicle violation. Bannock distributed a copy of the recreational vehicle code ordinance and pictures of the National Oceanic Atmospheric Administration (NOAA) radar site. The housing for the NOAA site instruments, etc. is a skirted recreational vehicle. Bannock stated that he believed this is a double standard. Bannock stated he would like the Commission to review KMC 14.20.245. ITEM 14: ADJOURNMENT The meeting adjourned at 8:15 p.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk TO DO LIST: NOTES: „~ G-f~. .~ PLANNING AND ZONING COMMISSION 1992 DATE : /%~f ~~,z,