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HomeMy WebLinkAbout2003-09-24 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS September 24, 2003 - 7:00 p.m. 1. CALL TO ORDER: a. RoII 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 Commissian 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. *Septernber 10, 2003 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ03-41-An application to rezone the northern portion of Government Lot 44 from Suburban Residential to General Commercial. Application submitted by Cliff Baker dba Integrity Surveys, 605 Swires Road, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. PZ03-42 (PZ95-O1 & PZ$9-06) -Transfer of Conditional Use Permit for Bed & Breakfast, Lodge, and Guide Service for the property known as 1535 Angler Drive (Lot 29, Block 1, Angler Acres Subdivision), Kenai, Alaska, from Steve and Danna Riddle to Ross & Angelis Harding. Transfer requested by Ross and Angelis Harding, 1535 Angler Drive, Kenai, Alaska. b. Kenai Peninsula Borough Chapter 21.18 - Anadromous Streams Habitat Protection - Discussion S. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 1.2. INFORMATION ITEMS: a. PZ03-40 -Landscape/Site Plan Review - 10575 Kenai Spur Highway -Three Bears Addition b. "Zoning Bulletin" -September 10, 2003 I3. COMMISSION COMMENTS & QUESTIONS: ~ 4. ADJOURNMENT: -~~ CITY OF KENAI PLANNING $a ZONING COMMISSION CITY COUNCIL CHAMBERS SEPTEMBER 24, 2003 - 7:00 P.M. CHAIR RON GOECKE, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Goecke called the meeting to order at approxa.mately 7:01 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: Ron Goecke, Phil Bryson, Barry Eldridge, Nelson Amen, and Carl Glick Commissioners absent: Jay Barrett and John Hammelman Others present: City Clerk Freas, City Planner Kebschull and Council Member Osborne I-b. Agenda Approval MOTION: Commissioner Glick MOVED for approval of the agenda as submitted and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Eldridge MOVED for approval of the consent agenda and requested UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- September Z 0, 2003 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ~ ITEM 5: PUBLIC HEARINGS 5-a. PZ03-41-An application to rezone the northern portion of Government Lot 44 from Suburban Residential to General Commercial. Application submitted by Cliff Baker dba Integrity Surveys, 605 Swires Road, Kenai, Alaska. MOTION: Commissioner Glick MOVED for approval of PZ03-41 and Commissioner Eldridge SECONDED the motion. There were no public comments. City Planner Kebschull explained the following: • In 1990, the property owner petitioned and went through the rezone process. The rezone was contingent upon a plat and the plat had not been recorded. Technically, the rezone never occurred, although someone later in the city administration, changed the land use map to show the designation as it was requested in the rezone. • When Cliff Baker, the current owner, submitted a building permit application, city administration tried to determine whether or not the commercial building {for which he had applied for the building permit) would be on the correct portion of the lot (Government Lot 44). • When researching the area that was to have been rezoned, the error was found. • Because the zoning maps show the property as commercial, the applicant purchased the property and has used it in a commercial manner for approximately 13 years, and Baker believes he has the right to consider the property as commercial, the rezone process is taking place as it had been applied for in 1990. + Baker has submitted a plat to remove the portion of the lot with the residential building an it to a separate lot from Government Lot 44 and administration would like the Commission to determine whether or not that portion of the lot should be excluded from the commercial portion. • If the property is rezoned according to Attachment A, Maquire Subdivision, the lower portion of the lot would be Suburban Residential as it technically is currently and would create the actual residence being located in the commercial area of the lot. MOTION TO AMEND: Commissioner Bryson MOVED to adopt the recommendations of the staff concerning the rezoning and also clarifying the south 100 feet of Tract A and Proposed Lot 1 remain in the RS Zone. Commissioner Glick SECONDED the motion. PLANNING $v ZONING COMMISSION MEETING SEPTEMBER 24, 2003 PAGE 2 Commissioner Eldridge reported he spoke with Baker and understood his desire is to do what was originally applied for in 1990 with the lower 100 feet and leaving the remainder of the lot as commercial and recognizing he would not be able to build on or add on to the resident structure currently existing on Lot 1. He added, the current shop area was originally a residence. Eldridge stated, Baker's preference would be for the commercial portion he purchased to be left as commercial and the residential portion be left as residential. He added, he believed if the property was amended it may come back later. Eldridge stated he would not support the amendment. Bryson stated, because Baker has proposed a small lot, he didn't think it would be good to split a small lot with varied zoning, especially when the lot is now being created. Also, the original sub-divider of the tract and who created the 100 foot tract, used the front portion of the building for a business, Kebschull noted, when she spoke with Baker, he told her he would prefer the property be zoned residential, however he was concerned there could be an appeal and he wanted protection under the Doctrine of Estoppal. She added, she explained to him that if there was public testimony, the Commission would take that into consideration and the option would still remain to appeal it to council. Glick stated, he remembered there were Aliak residents who had objected to the property being zoned commercial and that may be who Baker believes may object. Kebschull stated, the only responses received from the mailings was from the individual who owns Lot 45 and he was interested in what was going on and pleased with receiving the information on a post card and was able to check the city's website far additional information, VOTE ON AMENDMENT: Goecke Yes B son Yes Barrett Absent Hammelman Absent Eldrid e No Amen Yes Glick Yes . MOTION PASSED. VOTE ON MAIN AMENDED MOTION: Goecke Yes B son Yes Barrett Absent Hammelman Absent Eldrid e Yes Amen Yes Glick Yes MOTION PASSED UNANIMOUSLY. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 2~F, 2003 PAGE 3 ITEM 6: OLD BUSINESS ITEM 7: NEW BUSINESS 7-a. PZ03-42 (PZ95-01 8v PZ89-Obj -Transfer of Conditional Use Permit for Bed & Breakfast, Lodge, and Guide Service for the property known as 1535 Angier Drive (Lot 29, Block 1, Angler Acres Subdivision), Kenai, Alaska, from Steve and Donna Riddle to Ross 8v Angelia Harding. Transfer requested by Ross and Angelia Harding, 1535 Angler Drive, Kenai, Alaska. MOTION: Commissioner Eldridge MOVED for approval of PZ03-42 and Commissioner Amend SECONDED the motion. Kebschull explained this was a basic housekeeping item as the code allows for transfers of conditional use permits if the request is in writing. There is no change to the actual conditional use permit. Transfers of the permit do not require adjoining property owners' being noticed. VOTE: Goecke Yes B son Yes Barrett Absent Hamtnelman Absent Eldrid e Yes Amen Yes Glick Yes MOTION PASSED UNANIMOUSLY. 7-b. Discussion -- Kenai Peninsula Borough Chapter 21.18 - Anadromous Streams Habitat Protection. Kebschull explained, the council directed administration to review the Kenai Peninsula Borough River Ordinance and perhaps make a recommendation to council at the next Commission meeting as to whether the city should begin administering the ordinance for property within the city boundaries. Kebschull gave an overview of the current ordinance and noted, the ordinance protects the river and anadromous streams; for cities to administer, their ordinance would have to be as strong as or more stringent than the current ordinance; discusses prohibited activities; gives direction relating to when conditional use permits must be submitted, etc. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 24, 2003 PAGE 4 Kebschull also noted, if the city administers the ordinance, it would have to provide ordinance information and education; review all the plans far property development in the area; make site visits to determine the permit activities and to be sure required criteria is met; if a conditional use permit is required, site visits will need to be made, etc. Kebschull stated, in her review of the ordinance, there would be added training for city staff; it wouldn`t relieve the property owners; permits would still be required to be reviewed by the other agencies; and, a process would have to be developed with the borough for those applying for the tax credit program, etc. Kebschull stated she didn't see a benefit for the city to administer the ordinance. Eldridge noted concern had been stated by Council Member Bookey that when city projects axe able to be developed (coastal trail, renovation of canneries, etc.), he felt the city should be in charge of reviewing and making decisions on development through the Commission and the council. Amen stated he agreed with Kebschull. Bryson noted, to him, the prime reason for the city to take over the authority would be to apply more stringent standards. He had not heard anything to date to that effect; the borough seems to be handling the application of the regulations; and, along with those comments and due to budget constraints and additional duties to the staff, he would not want to transfer the authority to the city. Bryson added, another concern would be the added liability to the city in making the decisions. Glick stated he normally feels what is in the city should be regulated by the city, however the borough seems to be doing a good job and with the tight budget, he did not think the city would want to take on the responsibility, at least not at this time. Goecke stated he didn't think the additional responsibility would make any dramatic constraints to the budget or staff. He added, because there had not been anything too controversial come before the agencies, there is no guarantee the city would get a fair review. Kebschull requested the Commission to continue to review the ordinance and noted, even if the city took over the authority, the other agencies would still need to review any applications. She added, she feels certain the borough will work with the city. Currently, when an application is submitted to the borough and the property is within the city, the city does get a copy of the application and has the opportunity to comment. ITEM 8: PENDING ITEMS -- None ITEM 9: CODE ENFORCEMENT -- None PLANNING & ZONING COMMISSION MEETING SEPTEMBER 24, 2003 PAGE 5 ITEM 10: REPORTS 10-a. City Council -- Council Member Osborne reviewed the actions taken at the September 17 council meeting. 10-b. Borough Planning -- Commissioner Bryson reviewed the actions taken at the September 22 Borough Planning Commission meeting. YO-c. Administration -- Kebschull noted the following: • A memorandum with attached planning law cases were included in the packet for the Commission's review and information. • The landscape site plan for Three Bears was approved and no comments had been received from them relating to the fencing requirement. The Certificate of Occupancy will not be provided until the requirements of the landscape site plan are met. • She and Casey Reynolds, Economic Development Project Director/VISTA met with the person in the process of trying to purchase Wards Cove Cannery. They hope to complete the purchase in the very near future and discussed requirements that may be needed to renovate the buildings to accommodate a packing plant, hotel, arts and crafts area, restaurant, RV park, etc. IITEM 11: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. PZ03-40 -Landscape/Site Plan Review - 10575 Kenai Spur Highway - Three Bears Addition 12-b. "Zoning Bulletin" -September 10, 2003 ITEM 13: COMMISSION COMMENTS & UESTIONS Amen requested clarification of the Three Bears fence and Kebschull explained, it is the fence on the back side of the property to which she was referring. This will need to be repaired to separate the commercial anal residential areas. ITEM 14: ADJOURNMENT The meeting adjourned at approximately 7:50 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING SEPTEMBER 24, 2003 PAGE 6