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HomeMy WebLinkAbout2001-01-24 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS January 24, 2001 - 7:00 p.m. http:l/www.ci.kenai.ak.us 1. CALL TO ORDER: a. Roll Call b. Elect Chair & Vice-Chair for 2001 c. Agenda Approval d. Approval of Minutes: January 10, 2001 e. Consent Agenda *All items listed with an asterisk (*} are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member sa requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. SCHEDULED PUBLIC COMMENT: 3. CONSIDERATION OF PLATS: 4. PUBLIC HEARINGS: a. PZO1-02-An application to modify Conditional Use Permit PZ00-11 from Cabin Rentals to Hotel and add Guide Service for the property described as Lot 4, Block 2, Anglers Acres Subdivision, Addition No. 1, 1350 Angler Drive, Kenai, Alaska. Application submitted by Michael Kent, dba Alaska Lodge, P.O. Box 3033, Kenai, AK 99611. b. PZO1-03-An application for a Conditional Use Permit for Office & Retail Space, Guide Service and Hotel for the property described as Tract A-lA Cone Tracts A-lA & A-1B, 2880 Beaver Loop Road, Kenai, Alaska. Application submitted by Michael Kent, dba Alaska Lodge, P.O. Box 3033, Kenai, AK 99611. c. PZO1-04-An application for a Conditional Use Permit for Guide Service and Food Service for the property described as Tract 3, Anglers Acres Subdivision, Lowe Addition, 1600 Angler Drive, Kenai, Alaska. Application submitted by Michael Kent, dba Alaska Lodge, P.O. Box 3033, Kenai, AK 99611. d. PZOI-OS-An application to transfer Conditional Use Permit PZ96-37 from Brian Lowe to Michael Kent and to modify the permit from Lodging to Hotel for the property described as Tract 2, Anglers Acres Subdivision, Lowe Addition, 1530 Angler Drive, Kenai, Alaska. Application submitted by Michael Kent, dba Alaska Lodge, P.O. Box 3033, Kenai, AK 99611. 5. OLD BUSINESS: 6. NEW BUSINESS: a. *PZO1-06-Home Occupation Permit -Day Care-----Application submitted by Rachel Pugh, 606 Laurel Drive {Lot 10, BIock J, Woodland Subdivision}, Kenai, Alaska. b. PZO1-07---A resolution of the Planning and Zoning Commission recommending to the Council of the City of Kenai, Alaska, that the Development Requirements Table be amended by adding the requirement that front yard setbacks be measured from the right- of-way or access easement.-Discussion 7. PENDING ITEMS: S. CODE ENFORCEMENT: 9. REPORTS: a. City Cauncil b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. "Zoning Bulletin" -January 10, 2001 b. Resolution No. 2001-5 Transferring $1000 to P&Z travel for Planning Commission training } c. CLG Annual Report Information d. Kenai River Bridge Access Road Pathway Project Information 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING 8a ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS January 24, 2001 - 7:00 p.m. MINUTES ITEM 1: CALL TO ORDER Chairman Carl Glick called the meeting to order at 7:00 p.m. 1-a. Roll Call Members Present: Carl Glick, Phil Bryson, Ron Goecke, Barb Nord, Mike Morse, and Amy Jackman Members Absent: Donald Erwin 1-b. Elect Chair ds Vice-Chair for 2001 Election of Chair Chairman Glick handed the gavel over to Vice-Chairman Bryson. Vice-Chairman Bryson opened the meeting to nominations for Chairman. MOTION: Commissioner Glick MOVED to nominate Commissioner Bryson as Chair and Commissioner Goecke SECONDED the motion. MOTION: Commissioner Jackman MOVED to nominate Commissioner Goecke as Chair Commissioner Morse SECONDED the motion. With no further motions the nominations were closed. Vice-Chair Bryson asked for a closed vote. Ballots were handed out to the commissioners ar~d voting took place. Results were: Commissioner Bryson 2 Commissioner Goecke 4 Vice-Chairman. Bryson handed the gavel over to Goecke and he assumed the duties of Chairman for the Planning and Zoning Commission. Election of Vice-Chair ~ Chairman Goecke opened the floor for nominations for Vice-Chair. MOTION: Commissioner Morse MOVED to nominate Commissioner Jackman as Vice-Chair and the motion was SECONDED by Comrnissioner Nord. MOTION: Commissioner Nord MOVED to nominate Commissioner Bryson as Vice-Chair and the motion was SECONDED by Commissioner Glick. A closed vote commenced and the results were: Comrnissioner Bryson 4 Comrnissioner Jackman 2 Commissioner Bryson will remain Vice-Chairman for the Planning and Zoning Commission. 1-c. Agenda Approval MOTION: Commissioner Nord MOVED to approve the agenda adding the documents provided prior to the meeting and requested UNANIMOUS CONSENT. Commissioner Morse SECONDED the motion. There were no objections. SO ORDERED. 1-d. Approval of Minutes: January 10, 2001 MOTION: Commissioner Bryson MOVED to approve the minutes of January 10, 2001 and requested UNANIMOUS CONSENT. Commissioner Morse SECONDED the motion. There were no objections. SO ORDERED. 1-d. Consent Agenda MOTION: Commissioner Jackman MOVED to approve PZO 1-06 and Commissioner Glick SECONDED the Motion. There were no objections. SO ORDERED. ITEM 2: SCHEDULED PUBLIC COMMENT Mayor John Williams spoke to the Commission about the upcoming Economic Forum scheduled for February 3, 2001 and what the City Council hoped to achieve. The PLANNING & ZONING COMMISSION MEETING JANUARY 24, 2001 PAGE 2 Commission was encouraged to attend and participate. Mayor Williams also presented each Commissioner with a book entitled, "Who Moved My Cheese" and asked they read the book before the Forum. ITEM 3: CONSIDERATION OF PLATS -- None ITEM 4: PUBLIC HEARINGS 4-a. PZ01-02----An application to modify Conditional Use Permit PZ00-11 from Cabin Rentals to Hotel and add Guide Service for the property described as Lot 4, Block 2, Anglers Acres Subdivision, Addition No. 1, 1350 Angler Drive, Kenai, Alaska. Application submitted by Michael Kent, dba Alaska Lodge, P.O. Box 3033, Kenai, AK 99511. MOTION: Commissioner Bryson MOVED to approve PZO1-02 and Commissioner Glick SECONDED the motion. Chairman Goecke opened the public hearing and requested testimony be limited to three minutes. Commissioner Glick served as timekeeper. VERBATIM BEGINS Jim Krein, 365 Dolchok Lane, Kenai, Alaska -Since these are all inter-related could we not consider them all at one time or would it be... proper... to go... Chairman Goecke: You... you could make your statement... Krein: Um-mm. Goecke: ...ah... f... and for and/or against ah, the four of them, however, we have to take them individually. Krein: Okay. Um, I ah... seem to echo the ah, feelings of ah, Michael and ah, Judy Blair on this issue. Ah, many of the residents, time and time again, have came before Planning and Zoning, the City Council, concerning the issue of rural residential, ah, which we are zoned, which these properties ah, permitting that has gone on before, conditional use has been ah, either ah, neglected, ah, conditions of those permits have not been ah, met by the individuals that have been granted those, ah, we have here ah, an individual that wants to bring hotels, according to this, the word hotel is used, especially in PZO1-04, ah, guide services, food services... many of the individuals in this area, various subdivisions purchase property with rural residential in mind, built homes, raised their family there, the road through there is a State road, I... I see that degrading to the point of a road that went through to Woodland Subdivision, State PLANNING 8~ ZONING COMMISSION MEETING JANUARY 24, 2001 PAGE 3 maintained, we have ah, currently dump trucks driving up and down there degrading the road. This would just ah, continue to add more traffic and ah... I believe degradation of that road system there. Ah... I do not think these should be approved. It appears these were submitted over the Christmas holiday, here we are ah, three weeks later ah, of constructive ah, time to Iook at this to see if this is really in the best interest of that area and that... the citizens that continually say, "hey, we want rural residential as it is zoned, please do not allow individuals to come in and slowly chip away at that zoning. Ah, conditional use permits were... ah, issued to previous owners here and now they're asking to amend those to a further degree. Ah, I just feel we should.., we should ah, not entertain ah, issuing these permits for these uses. Thank you . Goecke: Anyone else in the public? Kurt Wilcox, 3329 Beaver Loop Road, Kenai, Alaska -and ah, (pointing at the map behind the podium) I take this as the zoning legend and what we're ascertaining is to sprinkle this with different colors, I think that's what this means and ah... I agree with ah, my neighbor Jim, that this is ah, gonna chip away at the integrity of ah, rural community and I'm not to worried, I'm sure that this person could make this look like a guide service and a small hotel but what about the future, ah, this is also something we should look at in the comprehensive plan that the... the Mayor talked about... but ah, I don't see a... (painting at map again) a color here for a casino but that could probably go right about here. What about the future if there's a hotel here, (pointing at map) and a hotel here, urn... couldn't this become like a little strip mall, that's what I'm worried about. Um, I'm not too worried about a guide service but... this person may be in this to turn a proft sometime in the future and who knows who he's going to sell it to. And we're... we're basically just opening a door for ah, a degradation of this community and ah, I'm against all... all four of these. Goeeke: Anyone else? Lloyd Richardson, 495 Dolchok Lane, Kenai, Alaska - Ah, again in the same neighborhood. I have ah, many different concerns about rezoning this or giving this so-called conditional use permits. Urn, I think until the City has a wherewithal to enforce a conditional use permits that are already existing and are being grossly overrun then they shouldn't issue anymore. An excellent example is the ah, where Faster Construction wanted to put in the gravel pit, if I recall right, it was for one million yards. They've taken out about 4 million yards and have, essentially created lakes. No one has done anything on this conditional use permit and except for extend it is the way it looks to me. So I believe, until ah, efforts are made to enforce the conditions of these so called conditional use permits then ah, that should... that should stop. As far as putting motels in here, um, the Kenai River, as of course we're all aware, is probably the primary attractant to this area. Ah, the weather certainly isn't, you know, people aren't laying on the beach up here and if we put in a motel up here what are the long term plans of the City for water, water quality, wetlands PLANNING & ZONING COMMISSION MEETING JANUARY 24, 2001 PAGE 4 control, caribou migration and all of those issues. Um, I would suspect that ah, if, based on what mast definitions are of the hotel and motel where you have higher density, more ah, vehicle traffic that's going to have a detrimental affect on the water quality in that area as well as the wetlands and the caribou migration area. The ah, it is zoned rural residential, many of us bought there because it was rural residential, we bought in areas where there are covenants in the area so you don't have ah, light industry if you want to call it that and that's essentially what a motel is, in the area. Um, I think that ah, it's kind of a slap in our face and should be an embarrassment to the Planning Committee if they allow it so to change things around in rural residential areas just so that they can get another buck in the community. Why not put it on city lands like right on Marathon Road? Where you already have an infrastructure in place for sewer. What are you going to do with sewer? They... they bypassed Beaver Loop already with the sewer line and went up to ah ,Strawberry but they haven't came the other direction, what are we going to do with all the extra sewage that's going into the ground right adjacent to the river? And what affect would that have on the Ke... on the ah, salmon? I think those jet... questions need to be considered. Goecke: That's it. Richardson: Okay. Thank you. Please give them consideration. Goecke: Anyone else? Laura Sievert, 3329 Beaver Loop Road, Kenai, Alaska - Um, this isn't the first time that I've stood here before this commission um, along with my neighbors talking about exactly the same thing and that is the attempt to chip away at the rural residential zoning on um, Angler and Beaver Loop. Um, Mr. Richardson was talking when his time ended about one of my main concerns and that's the water um, in that area. Um, I don't know if the person develop... um, thinking of this development has really looked into that but digging a well and having septic system on Beaver Loop is not necessarily that easy of a proposition and anyone that lives down Angler will tell you, you know, what they had to go through to... to comply with um, regulations in order to have a septic system, so ah, water overflow effects on Angler... um, on Beaver Creek and on the river to me are big concerns. I don't feel that hotels, offices, retail establishments belong on Beaver Loop anymore than they do in VIP Subdivision and... what I do think though is that downtown Kenai has plenty of space for development like this. We have lots of empty space, we have lots of empty buildings anal what I wish is that the Planning Commission and the City of Kenai would put more thought and more energy into revitalizing our downtown area and making it a place where people want to come and shop instead of chipping away at the forests around Kenai to make small commercial developments. Thanks. Goecke: Anyone else? PLANNING & ZONING COMMISSION MEETING JANUARY 24, 2001 PAGE 5 1 Nolan Camptoan, 2785 Beaver Loop Road, Kenai, Alaska - I'm probably the closest 1 neighbor to the... ah, commercial building... that's what was a commercial building there on Beaver Loop Road that's no longer a commercial building. Ah, I guess that my only concerns that I have ah, and... and would like to voice with the Zoning Committee here is that, and Pm probably referring more to 03 than anything which is the building there on Beaver Loop. Um, is it ah, my question is that there... there's no recommendations from the City having to deal with the septic system. Ah, we don't have any type of public water system down there, uxn, there's ah, actually no reference in the City codes as to the definition as to the size of what a motel could be. Ah, there's ah, to many questions. Ah, basically what it seems like happens down in the Beaver Loop area is that conditional use permits are applied for, buildings change hands, properties change hands, people continue to extend things, ah, things that use to be at open lo... lot or parking area are now ah , a... storage yard that becomes available to anyone to store anything that they find fit to put there, ah, this is a low density residential neighborhood and that is really what Beaver Loop represents is probably some of the quaintest area in Kenai dawn along the river and we're just continuing to develop it, we're continuing to make the... ah... an obvious necessity for the City is gravel to make the pits bigger and bigger ah, that opens the area, it creates more sound, more dust pollution... the septic systems are ah, very much a problem down in the... in the Beaver Loop area because of it's right on the wetlands. This property is right adjacent to the wetlands, it has State property that's right beside it, it has municipal property that's right beside it, I question the people tromping across that property to go in between these locations and exactly what is the size limit of maybe a motel? I mean, if there's a more distinct definition provided by the City on ~ what these are, then I think people would be more acceptable to them but when you start talking hotels people have different images of what it is. Are these going to be ah... is the food service going to be open to the general public or is it mainly for the... the people that maybe staying in the motel? What exactly is... is the intentions? Goecke: Okay, time. Compton: Thank you very much. Goeeke: Anyone else wishing to speak? Dave Knudsen, 4460 Beaver Loop Road, Kenai, Alaska -kind of in a... little bit of a dilemma here because I've gotten to know Mr. Kent this year and ah, he's ah... L.. I've seen... I like him and I've... what I... how I see him interact with ah, his kids I... I'm, I don't know, little bit apprehensive about coming up here but I do live in... on Beaver Loop and I am concerned about the um, rural residential zoning that's ah, yeah, questions about the... you know what's in.. , what's the future? What do you foresee the future of that particular area and given that it's ah... you know, water quality and other comments. 50, thank you. No other speakers, the public hearing was closed PLANNING & ZONING COMMISSION MEETING JANUARY 24, 200 i PAGE 6 VERBATIM ENDS Kebschull noted this particular permit was an occupation of a permit received last year and the public probably wasn't aware the code did not cover every use. The city attorney advised that the term "hotel" be used as it would allow day lodging and/or food service. Kebschull continued, since Mr. Kent wanted to provide food service in his cabins, the term "hotel" was incorporated to allow that service. Kebschull further noted the permit didn't create any additional use other than the guide service and that would be more handled aver the phone. Cornmissioner Bryson noted this area had been an area of concern for quite some time and it had been evolving toward arecreational/commercial, however, there never had been a request or proposal by the residents living in or occupying the area to change the zoning. Bryson continued, the Planning Commission or the City Council hadn't proposed that zoning for the area, but since there were so many businesses utilizing the area, perhaps a petition for that use would be reasonable. Discussion took place on what the term "hotel" meant in conjunction: with the Land Use Table. Kebschull noted the area required one dwelling per 20,000 sq. ft. VOTE: B son Yes Erwin Absent Glick Yes Nord Yes Morse Yes Jackman Yes Goecke Yes MOTION PASSED UNANIMOUSLY. Chairman Goecke advised anyone wishing to appeal the decision could do so in writing to the City Council within thirty days. 4-b. PZO1-03-An application for a Conditional Use Permit for Office & Retail Space, Guide Service and Hotel for the property described as Tract A- lA Cone Tracts A-lA & A-1B, 2880 Beaver Loop Road, Kenai, Alaska. Application submitted by Michael Kent, d/b/a Alaska Lodge, P.O. Box 3033, Kenai, AK 99611. MOTION: Commissioner Nord MOVED to approve PZ01-03 and Commissioner Jackman. SECONDED the motion. VERBATIM BEGINS PLANNING 8v ZONING COMMISSION MEETING JANUARY 24, 2001 PAGE 7 l Nolan Compton, 2785 Beaver Loop Road, Kenai, Alaska -- I'm probably only... the 1 only people in this neighborhood that lives exactly within the 300 feet of it ah, I never did receive any notice from the City. It states in the bottom here you are being sent this notice because you own/lease property within 300 feet... is there any requirement by the City to (Side A of tape ends) ..that close to be notified. This is something that the Zoning and Planning Department, they have absolutely no ability to go out and police all these permits that they issue. They issue permits for... far all kinds of... of conditional uses but then there's no one that goes and polices what happens. They issue permits with such an easy amount for people to be able to make them the stepping-stones for developing of an area. They go for a cabin, then they go far motel, what do they go for next, a convention complex? It's just that there's no policing performed by the City, there's no facility or department within the City to go out and make sure that what people say they are gonna do they do. Ah, I have ah... I, again, question the fact that on this particular one there's nothing in this about the, septic for this building. I do question that dearly. How many people are going to be fed and housed in this facility? There's no limitation on it. A three family dwelling, a four family dwelling, how many people are in the family? Ah, I guess that's where my concern comes in. Ah, that and the increased traffic in the area. I have no problem with a few cabins. If I know there's only a couple people in a cabin but you start sticking six people in a small cabin and... and over loading or taxing the system down there you can have problems with the septic system. Ah, also the... the, you know, I guess I'm just looking for some... the City to come up with some definition of what this is. There's either a wide open range or there's... or there's nothing and it seems like we need something in between and ah... I guess that's probably, you know, the extent ~ would be the defined, you know, the amount of retail pa... pace, the type of office space, how many of their people would be in the hotel units, I guess that's what I'm just asking the City to do. That and police what they allow for permitting, Goecke: Anyone else wishing to speak to PZO1-03? Mr. Bannock? Bannock: Mr. Chairman, if... if i could just um... speak to the um, previous speaker in regards to the policing issue of it. You... you raise a very good point, ICI speak to... from the Council's position in that from... virtually all of my life and alI of my political life it is been the position of ah, the City Council of the City of Kenai that an enforcement type officer was not a position that the City was going to hold. It wasn't going to happen. And... and you could certainly make arguments for it on either direction and.. , and I appreciate your point, however, there is a mechanism for it to happen. I don't... L.. we don't have an enforcement officer, we don't have a specific policeman or a specific member of the administration that goes out and does annual inspections, visual inspections, or anything like that and someday, by golly, I think we're going to have to. There's... there's those who will argue the point that we need it right now. The simple fact of the matter is it's not that it's someone isn't doing their job it just is a position that does not exist. Now, what we do... ha, eh... I'li call it the worse thing that I possibly can, we react perhaps when there is an issue. Ah, both Ms. Kebschull or Jack La Shot in the City of Kenai are responsible for when there are PLANNING & ZONING COMMISSION MEETING JANUARY 24, 2001 PAGE 8 issues because, as I stated earlier, we don't go looking for them but the City of Kenai is open for hearing it, and... and it does come back to this Commission because you've seen it where ah, we have on the agenda Code Enforcement Items and it isn't because there was a ah, Code Enforcement Officer out there but rather it was a good person like yourself that is... that... that... that seen something, has acted upon it, ah... ah, we are, for lack of better words, a complaint driven administration when it comes to those items. So... I will ask you then Sir, to put that hat on and it's not eh... it's not because ah, you're the only that has to do it, it's because that is the process and that is the mechanism from which the City of Kenai operates and... it... I don't believe that in the immediate future, quite frankly, it's going to change ah, there is... it is a double- edge sword, that code enforcement thing, it... it truly is a double-edge sword and we see examples of that in other communities, other cities, ah, same of them even on the very peninsula that we Iive on, the double-edge side of that sward but ah, please, each and every one of you, know that that is something that is perfectly acceptable within the City of Kenai and know also that the Administration acts upon those thing when they do receive either a phone call or a letter, some sort of notification and it does make it's way back through here and there have been even times that the City has been involved to go through litigation with our attorney on... on some specific issues, so... it's a long answer but thank you for your time. Goecke: Anyone else? Jirn Krein, 365 Dolchok Lane, Kenai, Alaska -Councilman I'd like to respond to that we have put the hat on, we have brought things to your attention, there have been violations that have been brought forth not only to this body but to the Council. We expected maybe to see same sort of ah, action taken dawn there. To date I have not seen any. There are s... specific example is there is supposed to be a buffer zone between the gravel pits and the roadway, those have been encroached upon repeatedly. We've been made aware of and I'zxx sure you're aware of of more gravel being taken out of pits than was permitted for. We don't see anything happening when we bring these issues forward except more permits being issued, there's no enforcement from our perspective, nothing is being heard that we say, we're out there seeing this day in and day out and we see a chipping away of our basic right to live where we chose to in a rural residential area. That doesn't mean to say that permits cart be issued but if we can see some results, get some answers to questions, how big is the hotel? We're hearing about a 4-family house. He can put four of those on an area. Where I grew up there now making individuals have at least five acres of land to put one home with a well and a septic and it's not even in a wetlands area. The argument about the river is valid, here we are right down where the river is, where everything feeds into it and we're putting more and more density down there. L.. I just don't understand it to tell you the truth. Thanks. Kurt Wilcox, 3329 Beaver Loop Road, Kenai, Alaska - I agree with Jim, ah, what I don't see is how you can ah, agree to let something like this happen for the.. , the... statement that Jim's made. Putting more density down there where you gotta have PLANNING Sv ZONING COMMISSION MEETING JANUARY 24, 20a 1 PAGE 9 one house and five acres somewhere else. I imagine he's gonna have his hands full if the... the a DEC and that'll probably be... what puts this all to a... a screeching halt at least I hope so. I have a little faith in... in that entity. I do have a question on your recommendation... since you seem to have ah, ah... the staff has already in their analysis saying that this is an okay development, urn, number 4, "prior to issuing a building permit applicant must sub... submit a landscape site plan and meet requirements for commercial developments?" Well, is there such thing as a landscape ah, requirement for commercial developments? Goecke: Yes. Wilcox: And... does it have to be a square footage or the amount of money spent? These are some of the questions I have anyway, I... I suppose ah, since it is in place I could... I could research it myself. But ah, to me this seems (inaudible) already a done deal and that's what I don't like about it. Laura Sievert, 3329 Beaver Loop Road, Kenai, Alaska - Um, I'd like to echo comments of the previous speakers without reiterating um, I agree with the statement that the City does not always enforces their conditional use permits and that came up right next to our property line a few years ago when all the trees were cut down right up to the Beaver Loop um, on one of Coyne's pieces of property to make the gravel pit bigger. Um, called the Ci... I called the City but I never heard anymore about that. Um, questions have been raised about what exactly is a hotel, what exactly would that hotel look like, um, on the site where the... the old funeral home is now, um, and... I see that also retail space and... and ah, office space is planned for that, I'd like to know how big that lot is, what the commercial space is going to look like, is it going to be a strip mall, what kind of offices are we talking about, are we talking about a building of a couples stories? Um, those are some of my concerns. Thanks. Lloyd Richardson, 495 Dolchok Lane, Kenai, Alaska - I draw exception with the Councilman's ah, definition that you are acomplaint-driven body. We've got 6 people here complaining about the ah, willful writing of variances to ah, appease ah, another... another project so it... it.. if you're complaint driven, if that is true, then ah, apparently they are not being heard because 6 of us who live in the area are complaining about the ah, the writing of variances. Ah, the old funeral home gonna be put into businesses ah, places to eat, ah, is my understanding, ah, what would be the potential for ah, Good Time Charlie's to move in down there? Apparently they have ah, it's ah... a business and they serve beverages and food of some sort... Um, or would that require another variance? Ah, it would be light industry of same sort, so I question when you will stop writing these variances to appease individuals just to funnel more money into the community when ah, I believe there's better locations for business than in a rural residential area. Thank you. Goecke: Anyone else? Bring it back ah, to... okay. PLANNING 8~ ZONING COMMISSION MEETING JANUARY 24, 2001 PAGE 10 Robert Kent, Salt Lake City, Utah - My son Michael Kent is the petitioner here ah, I have an interest in the partnership which he is... he is operating ah, I don't know if I can do this in, in three minutes or not but I'd like to bring a little background to you people as to what's happened here. Number one I've been visiting your town and your area and have enjoyed it for the past 15 years on a regular basis and a group of us froxn Salt Lake probably bring into the community over ~ 100,000 a year and with... the group that L.. that I'm involved with ah, come up here and fish, hunt and ah, and ah do our thing and enjoy your cornrnunity very much. Ah, my son here became interested in buying a lodge in the area and ah, in the way of background (inaudible) I may go over three minutes but I... I think it's important that you understand this, in... in trying to buy an existing lodge, bed and breakfast or what have you, the problem we ran into is that all the existing places don't comply with the ordinances either from an sanitary standpoint, a living standpoint or a use standpoint, they've all gone beyond the bounds of a bed and breakfast or what have you. So, we felt that in all sincerity it was easier to start over and do it right and I would invite anyone of you to come dawn and see what Mike has done on Angler Drive. There's three buildings, they each have two bedrooms, two baths and they're constructed properly. The... they meet the code both water and sewage wise. They're... they're properly done. Now there are many businesses in here that I've personally been in where the septic (inaudible) are not on the property, the septic fills are not properly done, the septic fills are built over, they're not in compliance, they exceed the 70... the 25% of, if I'm correct, on bed and breakfast usage of the home? Kebschull: 30% Kent: 30% usage (inaudible) they exceed all these items and so what we're trying to do is to bring something in compliance that... that works. Now there's several properties along the river which are completely out of compliance, which are for sale but they can't be brought into compliance and they can't be used and they'll probably never will be because of ... of value and economics and the problems that, that pre- exist. The funeral home here is.., is been a Laundromat, it's been a funeral home, and what... my son is here is seeking to do is... is to put, and correct me if I'm wrong Mike, but I think ah, five cabin units, five living units on the property, a business office with a small amount of retail and some storage in an existing building that's already there and I~1 guarantee you, as I stand here tonight talking to you, it will be one of the finest properties on Beaver Loop Road when it's finished. It'll be like the ones that he's done before and when you drive up and down Beaver Loop there's not a lot of... Goecke: How much, excuse me, how much more time do you need? Kent: Basically I just want to wrap this up. Goecke: Okay. PLANNING 8~ ZONING COMMISSION MEETING JANUARY 24, 2001 PAGE 11 l Kent: Thanks, and... and I appreciate that. But.. in every instance it's a matter of trying to comply with the... with the ordinances so that you can. serve dinner without being in violation of an ordinance, it's not a matter of opening a.. , a Good Tirne Charlie's, it's not a matter of opening a hotel which will be a Marriot of something like that, it's a matter of conforming with the existing ordinances, thank you. Goecke: Anyone else? Seeing none, ah... bring it back. No further comment, public hearing closed. VERBATIM ENDS Kebschull explained Mr. Kent's application and pointed out he would be required to comply with DEC food sercrice requirements and also have the Fire Marshall inspect the facility. Kebschull added, Kent would have to come back before the Commission should the facility not meet lzre code. Commissioner Jackman asked if the facility was being used since the septic was already approved. It was noted the facility was not being used and had nat been for quite some time. It was also noted that the septic system would need DEC approval. MOTION TO AMEND: Commissioner Nord MOVED to amend the main motion to require the staff recommends that the septic meet DEC requirements. Commissioner Bryson SECONDED the motion. VOTE ON AMENDMENT: Erwin Absent Glick Yes Nord Yes Morse Yes Jackman Yes B son Yes Goecke Yes MOTION PASSED UNANIMOUSLY. VOTE ON AMENDED MAIN MOTION: Glick Yes Nord Yes Morse Yes Jackman Yes B son Yes Erwin Absent Goecke Yes MOTION PASSED UNANIMOUSLY. PLANNING 8v ZONING COMMISSION MEETING JANUARY 24, 2001 PAGE 12 4-c. PZ01-04--An application for a Conditional Use Permit for Guide Service and Food Service for the property described as Tract 3, Anglers Acres Subdivision, Lowe Addition, 1600 Angler Drive, Kenai, Alaska. Application submitted by Michael Kent, dba Alaska Lodge, P.O. Box 3033, Kenai, AK 99611. MOTION: Commissioner Jackman MOVED to approve PZO1-04 and Comrz~issioner Morse SECONDED the xnotion. There were no public comments. Kebschull noted the property changed ownership and Mr. Kent is now the owner. Commissioner Bryson asked when a property changes ownership and it had an existing conditional use permit, did the permit transfer as well. Kebschull replied that it would as long as the principal use doesn't change. If there were changes, a new permit would be required. VOTE: Morse Yes Jackman Yes B son Yes Erwin Absent Glick Yes Nord Yes Gaecke Yes MOTION PASSED UNANIMOUSLY. 4-d. PZO1-05-An application to transfer Conditional Use Perrx~.it PZ96-37 from Brian Lowe to Michael Kent and to modify the permit from Lodging to Hotel for the property described as Tract 2, Anglers Acres Subdivision, Lowe Addition, 1530 Angler Drive, Kenai, Alaska. Application submitted by Michael Kent, dba Alaska Lodge, P.O. Box 3033, Kenai, AK 99611. MOTION: Commissioner Jackrnan MOVED to approve PZO1-05 and Commissioner Morse SECONDED the motion. Nolan Compton, 2785 Beaver Loop Road, Kenai, Alaska -Compton welcomed Kent to the neighborhood and stated it was obvious the Beaver Loop area would keep being developed. Compton stated, if the City is going to issue permits, they should be issued at a price that would allow the City to go out and police the program. Compton felt the permits should be costly so anyone wanting to develop an area properly and that every year they pay for the permit. That way the permits could be inspected and the City could have a program in place for such inspections. Public Hearing Closed. PLANNING & ZONING COMMISSION MEETING JANUARY 24, 2001 PAGE 13 VOTE: Jackman Yes B son Yes Erwin Absent Glick Yes Nord Yes Morse Yes Goecke Yes MOTION PASSED UNANIMOUSLY. ITEM 5: OLD BUSINESS -- None ITEM 6: NEW BUSINESS 6-a. *PZO1-06---Home Occupation Permit -Day Care-Application submitted by Rachel Pugh, 006 Laurel Drive (Lot 10, Block J, Woodland Subdivision), Kenai, Alaska. 6-b. PZO1-07-A resolution of the Planning and Zoning Commission recommending to the Council of the City of Kenai, Alaska, that the Development Requirements Table be amended by adding the requirement that front yard setbacks be measured from the right-of--way or access easement.-Discussion It was determined a public hearing would be scheduled for this amendment. ITEM 7: PENDING ITEMS -- None ITEM 8: CODE ENFORCEMENT -- None ITEM 9: REPORTS 9-a. City Council -Councilman Bannock gave a report based on the council meeting agenda included in the packet. 9-b. Borough Planning -Commissioner Bryson gave a report based on the agenda included in the packet. 9-c. Adrninistaration - Kebschull advised that Council had approved travel for the planning seminar in Anchorage and requested those commissioners interested in attending to contact her. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11: INFORMATION ITEMS PLANNING & ZONING COMMISSION MEETING JANUARY 24, 2001 PAGE 14 11-a. "Zoning Bulletin" -January 10, 2001 11-b. Resolution No. 2001-5 Transferring $1000 to P&Z travel for Planning Commission training 11-c. CLG Annual Report Information 11-d. Kenai River Bridge Access Road Pathway Project Information ITEM 12: COMMISSION COMMENTS & UESTIONS Commissioner Bryson congratulated Chairman Goecke on his appointment. Commissioner Glick reported that he would not be available for the next meeting Com:nnissioner Jackman congratulated Chairman Goecke on his appointment. Jackman noted she also thought the various complaints received from the public during the meeting should be given consideration. Kebschull painted out the issues were ongoing and have been dealt with. A lengthy discussion took place on Beaver Loop and the various projects that have taken place in that area. Commissioner Nord stated she thought that perhaps consideration should be given to rezoning the Beaver Loop area in light of the many complaints. Kebschull suggested that a category to cover that area be included on the Land Use Table and it could be considered when the Comprehensive Plan is reviewed. ITEM 13: ADJOURNMENT MOTION: Commissioner Glick MOVED for adjournment. There were no objections. SO ORDERED. The meeting adjourned at 8:50 p.m Respectfully submitted, btJ Barbara Roper, ract Secretary PLANNING & ZONING COMMISSION MEETING JANUARY 24, 2001 PAGE 15