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HomeMy WebLinkAbout2003-05-14 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 14, 2003 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. 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: a. *Apri123, 2003 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ03-19- Preliminary Plat- Hannah Estates, A subdivision of SE 1/4, Section 17, TSN, R11W, SM south of the Kenai River excluding VIP Park Estates Subdivision and Beachside Estates Subdivision. Submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. b. PZ-03-20-Preliminary Plat-Keemau Subdivision, Crestwood Addition. Submitted by McLane Consulting Group, P.O. Box 468, Soldotna, Alaska. 5. PUBLIC HEARINGS: a. PZ03- 15-An application for an Conditional Use Permit -Bed & Breakfast & Guide Service for the property known as 1555 Angler Drive, Lot 31, Block 1, Anglers Acres Subdivision, Part 2, Kenai, Alaska. Application submitted by Evan & Kathleen Harding, 3657 Eastwind Drive, Anchorage, Alaska. b. PZ03- 16-An application far a Variance Permit for lot coverage and rear setback for the property known as Lot 57, Block 4, Redoubt Terrace Subdivision, Addition #7 (1528 Toyon Way), Kenai, Alaska. Application submitted by Wayne & Bekkie Jackson, P.O. Box 3273, Kenai, Alaska. c. PZ03-17 - A resolution recommending that the official zoning map of the City of Kenai be amended to rezone 16 properties to the education zone. Rezone submitted by City of Kenai administration. d. PZ03-18 - An application to modify PZO1-62 Conditional Use Permit for a day care to provide care for more than 12 children and expand the day care to operate a preschool for the property known as Government Lot 23, 903 Magic Avenue, Kenai, Alaska. Application submitted by Ashley Bulot, P.O. Box 1954, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Commissioner Tunseth letter of resignation dated Apri123, 2003 b. "Zoning Bulleting" --April 10 & 25, 2003 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS MAY 14, 2003 - 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.rn. 1-a. Roli Call Members Present: Glick, Bryson, Goecke, Amen, Eldridge Others Present: Councilman Osborne, City Planner Kebschull, Department Assistant Carver, Contract Secretary Roper 1-b. Agenda Approval MOTION: Commissioner Glick MOVED to approve the agenda and requested UNANIMOUS CONSENT. Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. I-c. Consent Agenda MOTION: Commissioner Eldridge MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- April 23, 2003 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS 4-a. PZ03-19- Preliminary Plat -Hannah Estates, A subdivision of SE 1/4, Section 17, T5N, R11W, SM south of the Kenai River excluding VIP Park Estates Subdivision and Beachside Estates Subdivision. Submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. MOTION: Commissioner Glick MOVED to approve PZ03-19 and Commissioner Eldridge SECONDED the motion. Staff had nothing additional. Amen stated he had visited with one of the neighbors in the area and they had no abjection with the project. Bryson noted, as it appeared to conform to previous subdividing in the area and all lots are over 40,000 sq. ft. with appropriate frontage, he would support the motion. voTE• B son Yes Goecke Yes Amen Yes Eldrid e Yes Glick Yes MOTION PASSED UNANIMOUSLY. 4-b. PZ-03-20-Preliminary Plat-Keemau Subdivision, Crestwood Addition. Submitted by McLane Consulting Group, P.O. Box 468, Soldotna, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ03-20 and Commissioner Glick SECONDED the motion. Kebschull stated staff had nathing additional but noted the final plat would not be recorded until the required installation agreement is complete and the applicant is aware of the process. Kebschull added, Code requires the Commission to approve the 50 ft. right-of-way for the cul-de-sac. Chairman Goecke opened the discussion to public comment. Jim Butler, Kenai, Alaska -- Butler stated he was the neighbor and property owner and is in favor the proposed plat and felt it is a nice addition to the community at that end of Lawton. Butler added, the resolution in the packet shows the plat being submitted by Integrity Surveys and it was from McLanes, Bryson referred to the east side common with the Borough property and asked if there had been any discussion with the Borough regarding aright-of--way dedication. Butler replied, he could only speak to the two government lots that are part of the subdivision and there was no reservation to these along the parcel. Butler added, they were not wanting to create a new one; the Borough's intent was to keep the ten-acre piece south of the school accessible from Lawton and not to create a new access point. He continued, the Borough did not make any reservations when the property was transferred to him. PLANNING & ZONING COMMISSION MEETING MAY 14, 2003 PAGE 2 Amen, referring to the west side, asked if the adjacent Iots would give up 30' in the future if access was needed. Butler replied, it was his understanding they are original government lots that went from the federal government to the Borough then to the landowner and each of the lots had a 30' reservation on all the perimeters so the western lots at 152 and 155 have a reservation 30' down from the east side of their property. Bryson added, it is most likely 33' rather than 30'. Kebschull stated, normally those right-of--ways are formally dedicated when a parcel is subdivided. Amen asked staff if the reason for voting on the 50' right-of-way for the cul-de-sac is because it is less than the b0' and Kebschull confirmed that was correct; the subdivision code within the City of Kenai states that Less that 60' requires a majority vote of the Commission. Bryson added, the rationale for providing 50' instead of 60' is because it is only serving two lots and that is permitted under the Borough regulations with City concurrence. VOTE: B son Yes Goecke Yes Amen Yes Eldrid e Yes Glick Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5-a. PZ03- 15--An application for an Conditional Use Permit -Bed & Breakfast & Guide Service for the property known as 1555 Angler Drive, Lot 31, Block 1, Anglers Acres Subdivision, Part 2, Kenai, Alaska. Application submitted by Evan & Kathleen Harding, 3657 Eastwind Drive, Anchorage, Alaska. MOTION: Commissioner Glick MOVED to approve PZ03-15 and Commissioner Eldridge SECONDED the motion. There was no public comment. Staff had nothing additional but pointed out the applicant was present to answer questions if necessary. Bryson stated, this was along-standing issue in the area and once again thought it would be more appropriate to consider a rezone of the community to a zone that properly reflects the uses in the area as opposed to continuing with the rural residential zone requiring conditional use permits. Goecke asked if Bryson would go on record to start the process. Bryson responded, no as it would be more appropriate for the property owners to initiate a rezone. PLANNING & ZONING COMMISSION MEETING MAY 14, 2003 PAGE 3 Eldridge painted out the Code dictates not more than 30% of the total floor area can be used. Amen asked the applicant to clarify the portion of the residence to be used for the bed and breakfast. Evan Harding, Kenai, Alaska -- Applicant and property owner. Harding explained the plan and stated there were no plans for use of the main floor or loft area. Glick asked if this was a new structure and Harding replied, it s and it is still under construction. Amen asked staff if the lot met the setback requirements on the side lot line and Kebschull replied, yes, it is 15' in a rural residential zone. Kebschull added, the application was discussed with Mrs. Harding and she was informed of the maximum of 30% and knows if there is anything other than the bed and breakfast, a modification to the conditional use permit is required. VOTE: B son Yes Goecke Yes Amen Yes Eldrid e Yes Glick Yes MOTION PASSED UNANIMOUSLY. Chairman Goecke advised that any appeal to this application would need to be submitted to the City Clerk within 15 days of its approval. 5-a. PZ03- 16 -- An application for a Variance Permit for iot coverage and rear setback for the property known as Lot 57, Block 4~, Redoubt Terrace Subdivision, Addition #7 (1528 Toyon WayJ, Kenai, Alaska. Application submitted by Wayne & Bekkae Jackson, P.O. Box 3273, Kenai, Alaska. MOTION: Commissioner Glick MOVED to approve PZ03-16 and Commissioner Bryson SECONDED the motion. Staff had nothing additional. Goecke opened the public hearing: Wayne Jackson, Kenai, Alaska -- Applicant and property owner. Jackson stated the building he is proposing to build is more than a storage shed so his purpose was to actually put the building on a four foot crawlspace. Jackson added, he plans to use his dwelling boiler to heat the space and doesn't have a driveway going to the shed as it was just going to be used for tool storage and ayear-around area to build something if desired. PLANNING & ZONING COMMISSION MEETING MAY 14, 2003 PAGE 4 Glick asked if the reason for heating it was to be able to use it as a shop. Jackson replied, yes, and to use it year-around. Jackson added, the four foot crawlspace allows for more storage. Bryson asked if there were any existing encroachments or conditional uses that would be required other than what is proposed. Jackson replied, the structure he's going to build is a single-story home and it takes up the majority of the lot and as a result, he needs the variance to push it toward the back of the lot. Jackson added, he thought he was only allowed 99 sq. ft. and this is about 280 sq. ft. Jackson continued, there are no other existing situations. Amen stated he reviewed the 1967 covenants that apply to the neighborhood and asked about the setback requirements. Kebschull stated the City does not enforce covenants but the zone regulates the setbacks. Amen asked if the zone had any problem with the application if it was used for more than just a storage shed. Kebschull stated it cannot be used as a dwelling and yes, the City would have a problem with it because of the minimum lot size for principal structures in the zone. Kebschull reiterated, it could not be used for residential use, as stated in the application, it is strictly storage. Bryson asked the applicant if the intent was to have it be a dwelling. Jackson replied, no, it was not. Amen asked if the City had trouble with Item 2 of the Staff Report regarding special conditions or circumstances that have been caused by actions of the applicant. Kebschull replied, she did have trouble with it because the applicant is causing the issue of lot coverage, however, the applicant did not subdivide the parcel so the lot size was not caused by the applicant. Bryson reiterated the whole process of the conditional use has been activated because of the size of the structure and if it had been a little smaller it would be conforming. MOTION TO AMEND: Commissioner Bryson MOVED to amend the motion to include a finding of fact stating there are no existing encroachments or conditional use permits on the parcel at this time. Commissioner Glick SECONDED the motion. VOTE ON AMENDMENT: B son Yes Goecke Yes Amen Yes Eldrid e Yes Glick Yes MOTION TO AMEND PASSED UNANIMOUSLY. PLANNING & ZONING COMMISSION MEETING MAY 14, 2003 PAGE 5 VOTE ON THE MAIN MOTION: 1 B son Yes Goecke Yes Amen Yes Eldrid a Yes Glick Yes Amen Yes MOTION PASSED UNANIMOUSLY. Chairman Goecke reiterated the appeal process. 5-c. PZ03-17 -- A resolution recommending that the official zoning map of the City of Kenai be amended to rezone 16 properties to the education zone. Rezone submitted by City of Kenai administration. MOTION: Commissioner Eldridge MOVED to approve PZ03-17 and Commissioner Bryson SECONDED the motion. There was no public comment. Staff reported this was a culmination of a long process Administration had been working on for almost a year and gave an overview of activities up to this point. Bryson stated he felt the proposed zoning is appropriate and would support the motion. Glick agreed the zoning is appropriate and thought this should have been done a long time ago. VOTE• B son Yes Goecke Yes Amen Yes Eldrid a Yes Glick Yes Amen Yes MOTION PASSED UNANIMOUSLY. 5-d. PZ03-18 -- An application to modify PZO 1-62 Conditional Use Permit for a day care to provide care for more than 12 children and expand the day care to operate a preschool for the property known as Government Lot 23, 903 Magic Avenue, Kenai, Alaska. Application submitted by Ashley Bulot, P.O. Box 1954, Kenai, Alaska. MOTION: Commissioner Glick MOVED to approve PZ03-18 and Commissioner Eldridge SECONDED the motion. There was no public comment. Kebschull stated the applicant wanted to include more children in her daycare so she applied for the conditional use permit. Kebschull PLANNING & ZONING COMMISSION MEETING MAY 14, 2003 PAGE 6 added, the current daycare operates just within the home and now she would like to expand to possibly convert the garage and to possibly Iater build an addition. Kebschull continued, the applicant wants to amend the permit to allow for a conversion of the garage for the preschool and possibly a later addition. VOTE• B son Yes Goecke Yes Amen Yes Eldrid e Yes Glick Yes Amen Yes MOTION PASSED UNAIMOUSLY. ITEM 6: OLD BUSINESS -- None ITEM 7: NEW BUSINESS -- None ITEM 8: PENDING ITEMS -- None ITEM 9: CODE ENFORCEMENT -- None ITEM 10• REPORTS 10-a. City Council -- Councilman Osborne provided a report based on City Council's actions at their May 7, 2003 meeting. 10-b. Borough Planning -- Bryson provided a report based on actions taken at the April 28~ and May 12, 2003 Borough Planning meetings. 10-t. Administration -- Kebschull reported the following: • Staff is working with the Borough to get the cemetery plots on a map similar to a GIS map. • A public hearing is scheduled for final adoption of the comprehensive plan at the June 11 ~ meeting. • The Borough Transportation Plan is currently being worked on and a public meeting is scheduled for May 29~ from 6:30 to 8:30 p.m. at Kenai City Council Chambers. This is for Kenai and Nikiski. • A few months ago it was brought to the City's attention the Spur Highway addresses do not match those of the Borough. A change would affect over 157 property owners so it may be more feasible to change the code and have the addressing start within the city limits of Kenai. Kebschull will meet with the City Attorney to discuss various options. Regarding Anglers Acres, it has been suggested many times the residents consider a rezone. PLANNING & ZONING COMMISSION MEETING MAY 14, 2003 PAGE 7 ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. Commissioner Tunseth letter of resignation dated April 23, 2003 I2-b. "Zoning Bulleting" -April 10 & 25, 2003 ITEM 13: COMMISSION COMMENTS & QUESTIONS Commissioner Glick reported he will not be at the May 28th meeting. Camruissioner Bryson will not be present for the June 11, 2003 meeting. Chairman Goecke will not be present for the June 11, 2003 meeting and added, if the two vacant Commission positions are not filled by then, consideration should be given to cancelling the meeting. Kebschull stated Councilman Osborne can request a cancellation from City Council and it would have to be advertised. ITEM 14: ADJOURNMENT The meeting adjourned at 8 :00 p.m. Minutes recorded and transcribed by C., Barbara Roper, Co tr ct Secretary PLANNING & ZONING COMMISSION MEETING MAY 14, 2003 PAGE 8