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Home My WebLink About2001-10-24 Planning & Zoning Minutes4 CITY OF KENAI PLANNING & ZONING COMMISSION AMENDED AGENDA CITY COUNCIL CHAMBERS October 24, 2001 - 7:00 p.m. 1. CALL TO ORDER: a. Swearing in of Commissioner Aaronson b. Roll Call c. Agenda Approval d. 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 so 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. *APPROVAL OF MINUTES: October 10, 2001 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZO1-55- A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council of the City of Kenai that KMC 14.05.020 be amended to increase the fee for applications for Variances, Encroachments, Conditional Use Permits, and Amendments to the Kenai Zoning Code or the Official Map from $100 to $200. Various other sections of Title 14 are also amended to reflect this change. b. PZO1-56-A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council of the City of Kenai, Alaska, that KMC 14.20.280(c} be amended to remove the requirement that ratification of Public Hearings be sent via certified mail. 6. OLD BUSINESS: 7. NEW BUSINESS: a. *PZO1-57-Home Occupation Permit (Day Care}-For the property known as Lot 1, Woodcock Subdivision (1902 Aliak Drive). Application submitted by Joyce Woodcock, 1902 Aliak Drive, Kenai, Alaska. b. *PZO1-58-Home Occupation Permit (Day Care}---For the property known as Lot 16, Block 4, Kenai Peninsula Estates Subdivision Part 2 {860 Sand Dollar Drive). Application submitted by Diane M. Stockdale, 860 Sand Dollar Drive, Kenai, Alaska. c. PZO1-59 - A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council of the City of Kenai, Alaska, that KMC 14.20.250 be amended to provide that no motor vehicles (including snowmachines and aIl-terrain vehicles), boats or trailers may be parked in the "front yard" (as defined in KMC 14.20.320) unless a garage, carport, parking stall or improved driveway, and prohibiting the parking of such vehicles in "front yards" on unimproved surfaces such as dirt and grass.-Discussion. d. *PZO1-60-Home Occupation Permit (Day Care}---For the property known as Lot 1, Treetop Estates Subdivision (9464 Kenai Spur Highway). Application submitted by Sonja Tribble, 9464 Kenai Spur Highway, #2, Kenai, Alaska. e. PZ01-b 1 -~ A Resolution recommending to the Council of the City of Kenai to change an existing street name {81 S` Ave SE to North Strawberry Road).-Discussion. S. PENDING ITEMS: 9. CODE ENFORCEMENT: l0. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. City Council Roster - 10118/O1 b. Planning & Zoning Roster - 10/10/01 c. Ordinance No. 1939-2001 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & 20NING COMMISSION CITY COUNCIL CHAMBER5 OCTOBER 24, 2001 - 7:00 P.M. CHAIRMAN RON GOECKE, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Goecke called the meeting to order at 7:00 p.m. 1-a. Swearing In of Commissioner Aaronson City Planner Kebschull performed the swearing in of Commissioner Dustin Aaronson. Chairman Goecke welcomed Aaronson to the P&Z Commission. 1-b. Roll Call Members Present: Glick, Bryson, Goecke, Nord, Erwin, Morse, Aaronson Others Present: Councilman Bannock, City Planner Kebschull, Contract Secretary Roper 1-c. Agenda Approval MOTION: Commissioner Bryson MOVED to approve the amended agenda and requested UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion. There were no objections. SO ORDERED. 1-d Consent Agenda MOTION: Commissioner Glick MOVED to approve the consent agenda and requested UNANIMOUS CONSENT and Cornrnissioner Morse SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- October 10, 2001 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5-a. PZOI-55 -- A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council of the City of Kenai that KMC 14.05.020 be amended to increase the fee for applications for Variances, Encroachments, Conditional Use Permits, and Amendments to the Kenai Zoning Cade or the Official Map from $100 to $200. Various other sections of Title 14 are also amended to reflect this change, MOTION• Commissioner Nord MOVED to approve PZO 1-55 and Commissioner Glick SECONDED the motion. Chairman Goecke opened the public hearing. Because there were no comments, the public hearing was closed. Kebschull indicated staff had nothing additional and pointed out the average cost for the past two years was included in the meeting packet. Commissioner Bryson asked if the City subsidized any of the cast and Kebschull replied the City subsidized the cost almost 100% of the time. VOTE• B son Yes Erwin Yes Glick Yes Nord Yes Morse Yes Aaronson Yes Goecke Yes MOTION PASSED UNANIMOUSLY. 5-b. PZOI-5b -- A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council of the City of Kenai, Alaska, that KMC 14.20.2$0{c~ be amended to remove the requirement that notification of Public Hearings be sent via certified mail. MOTION: Commissioner Glick MOVED to approve PZO1-56 and Commissioner Erwin SECONDED the motion. Chairman Goecke opened the public hearing. Because there were no comments, the public hearing was closed. Staff had nothing additional. PLANNING & ZONING COMMISSION MEETING OCTOBER 24, 2001 PAGE 2 VOTE: Erwin Yes Glick Yes Nord Yes Morse Yes Aaronson Yes B son Yes Goecke Yes MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSYNESS -- Noae ITEM 7: NEW BUSINESS 7-a. PZO1-57 -- Home Occupation Permit (Day Care)-For the property known as Lot 1, Woodcock Subdivision (1902 Aliak Drive). Application submitted by Joyce Woodcock, 1902 Aliak Drive, Kenai, Alaska. Approved by consent agenda. 7-b. PZO1-58 -- Home Occupation Permit (Day Care)-For the property known as Lot 16, Block 4, Kenai Peninsula Estates Subdivision Part 2 (860 Sand Dollar Drive). Application submitted by Diane M. 5tockdale, 860 Sand Dollar Drive, Kenai, Alaska. Approved by consent agenda. 7-c. PZ01-59 -- A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council of the City of Kenai, Alaska, that KMC 14.20.250 be amended to provide that no motor vehicles (including snowmachines and all-terrain vehicles), boats or trailers may be parked in the "front yard" (as defined in KMC 14.20.320 unless a garage, carport, parking stall or improved driveway, and prohibiting the parking of such vehicles in "front yards" on unimproved surfaces such as dirt and grass.-Discussion. MOTION: Commissioner Bryson MOVED to approve PZO1-59 and Commissioner Morse SECONDED the motion. Kebschull explained the City received many complaints about residential yards being used as parking lots, the current code did not address parking for residentiai zones, and the proposed resolution would provide the City with an ordinance to deal with the PLANNING 8v ZONING COMMISSION MEETING OCTOBER 24, 2001 PAGE 3 many complaints. Kebschull provided photos of two yards within the City clearly giving an idea of what the problem entailed. Kebschull added, one neighbor was having a Iat of difficulty selling his home because of the overcrowded yard next door. Kebschull stated she checked with other cities within the state to see how they handle the situation and those who responded did not have an ordinance in place. Commissioner Bryson expressed concern the resolution would be too restrictive, especially to those properties that are narrow, long and a good distance away from the setback. Commissioner Bryson also expressed concern the resolution did not differentiate between residential and commercial lots and stated he did not feel the resolution was anywhere near ready for a public hearing. Commissioner Aaronson also expressed concern with the resolution, as he was concerned with residents not being able to park a boat in their yards. Aaronson suggested a fence could be the solution. Councilwoman Porter noted she was speaking as a resident and not as a council member. Porter stated there were several, awful yards within the City which she felt the City needs some type of tool to be able to enforce this bad situation. Porter asked if the City had checked with other cities in the State to see if they had an ordinance that addresses junked yards. Kebschull replied the cities who responded did not have an ordinance iri place. Kebschull continued with a response to Bryson's concern of the commercial zones being affected by the resolution. Kebschull noted there was an ordinance addressing commercial zones and the parking and storage areas were clearly defined. The ordinance also required a site plan for commercial zones and there wasn't anything in place for residential zones, with the exception of the junked vehicle ordinance. Porter recommended Administration be given some guidance in developing an ordinance that is enforceable. Commissioner Glick agreed that something needed to be done but the wording in the proposed resolution was not acceptable. Commissioner Nord stated the examples (photographs) provided were disgusting but was pleased Administration was attempting to do something about it. Nord continued, although she has complained several times about junked yards she was opposed to taking private property rights away from residents, however excessive amount of vehicles, etc., was a problem. Nord thought perhaps staff should develop less restrictive wording and agreed the proposed resolution was not ready for public hearing. Commissioner Bryson recommended the following be considered for the revised resolution: Rather than use the definition of the "front yard" use building setback line. Create a definition for a parking area. PLANNING & ZONING COMMISSION MEETING OCTOBER 24, 2001 PAGE 4 The term parking stall needs to be defined. Incorporate some component of screening that would serve the intent of the ordinance. Clarif cation should be given to grade improvement. Bryson reiterated he thought it was premature for the resolution to go to public hearing. - Councilman Bannock noted the following; • The issue of enforcement was discussed at the last council meeting and it was noted Administration currently works from acomplaint-driven position so they need something to refer to when they notify someone of a code violation. • In viewing the photos, he thought the one yard was close to his house and could possibly be taken care of by the junked vehicle ordinance. • What troubled him was most of the exampled violations were automotive and marine related and thought a case could be made with the current ordinances on the book. Council was looking at the overall enforcement and code violation issue. Aaronson also thought, after looking at the photos, the junked car ordinance would apply. Kebschull explained the City did not have right of entry and could not go on an individual's property to have the owner start a vehicle. If it is observed from the street that the license is expired or parts are missing, then the City could take action. A lengthy discussion ensued regarding junked vehicles, those that are not registered, etc. It was decided the issue should be returned to the City Attorney and staff would come back with other options. MOTION: Commissioner Bryson MOVED to postpone PZO1-59 until brought back by Administration and Commissioner Glick SECONDED the motion. VOTE: Glick Yes Nord Yes Morse Yes Aaronson Yes B son Yes Erwin Yes Goecke Yes MOTION PASSED UNANIMOUSLY. PLANNING & ZONING COMMISSION MEETING OCTOBER 24, 2001 PAGE 5 7-d. PZO1-60 -- Home Occupation Permit (Day Care)-For the property known as Lot 1, Treetop Estates Subdivision (9464 Kenai Spur Highway). Application submitted by Sonja Tribble, 9464 Kenai Spur Highway, #2, Kenai, Alaska. Approved by consent agenda. 7-e. PZO1-61 -- A Resolution recornmendzng to the Council of the City of Kenai to change an existing street name ($1$~ Ave SE to North Strawberry Road).--Discussion. MOTION• Commissioner Glick MOVED to approve PZO1-61 and Commissioner Morse SECONDED the motion. Kebschull explained the resolution a housekeeping item as all residents in the area to include the Borough refer to the street as North Strawberry Road. VOTE: Nord Yes Morse Yes Aaronson Yes B son Yes Erwin Yes Glick Yes Goecke Yes MOTION PASSED UNANIMOUSLY. ITEM S: PENDING ITEMS -- Noae ITEM 9: CODE ENFORCEMENT -- None ITEM IO• REPORTS 10-a. City Council -- Councilman Bannock gave a report on the City Council meeting held on October i7~ and drew attention to the work session notice (included in the packet) on the Kenai Coastal Trail on October 25th. Bannock reported several letters of opposition were received and he encouraged the Commission to attend the work session. Bannock also reminded the Commission of the Comprehensive Plan work session scheduled for Saturday, October 28~. 10-b. Borough Planning -- Commissioner Bryson gave a report on the Borough's Planning meeting held on October 22, 2001. PLANNING & ZONING COMMISSION MEETING OCTOBER 24, 2001 PAGE 6 10-c. Administration - Kebschull stated she anticipated a lot of people would attend the work session on Saturday as staff had received a good response from the meeting notifications. ITEM 11: PERSONS PRESENT NOT 5CHEDULED Councilwoman Pat Porter asked if boats had to be registered and if so, it could be a way to take care of the overcrowded yards. ITEM 12: INFORMATION ITEMS 12-a. City Council Roster - 10/ 18/0 i 12-b. Planning & Zoning Roster -- 10/ 10/O 1 12-c. Ordinance Na. 3.939-2001 ITEM 13 : COMMISSION COMMENTS & UESTIONS: Commissioner Nord welcomed Commissioner Aaronson to P&Z. Chairman Goecke also welcomed Aaronson. ITEM 14: ADJOURNMENT MOTION: Cornxnissioner Morse MOVED for adjournment. There were no objections. SO ORDERED. The meeting adjourned at 8:10 p.rxi. Recorded and transcribed by: Barbara Roper, Co tr ct Secretary PLANNING & ZONING COMMISSION MEETING OCTOBER 24, 2001 PAGE 7