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Home My WebLink About2003-11-12 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS November I2, 2003 - 7:00 p.m. 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 Cammission 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. *October 22, 2003 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ03-45-An application for a Variance Permit for a variance from KMC 14.20,190 - Principal Structures for the property known as Lot 29, Block 1, Angler Acres Subdivision, Part 2, {1535 Angler Drive), Kenai, Alaska. Application submitted by Ross Harding dba Riddles Fishing Lodge, 1535 Angler Drive, Kenai, Alaska. b. PZ03-46--An application for a Conditional Use Permit far a daycare for the property known as Lot 10, Black J, Woodland Subdivision Part 1(606 Laurel Drive), Kenai, Alaska. Applicatian submitted by Robert and Rachel Pugh dba Kenai Montessori School, 606 Laurel Drive, Kenai, Alaska. 6. OLD BUSINESS: Amendment to Kenai Zoning Map -Thompson Park Subdivision Fireweed Lane area - Discussion 7. NEW BUSINESS: a. *PZ03-48-An application for a Home Occupation Permit for operating a daycare at the property known as Lot 1, Block 5, Three W's Subdivision, 545 Shane Court, Kenai, Alaska. Application submitted by Raquel Pisa, 545 Shane Court, Kenai, Alaska. b. Draft Ordinance -Adult-Oriented Businesses -Discussion c. Proposed Foreclosure Sale 2004 - Discussion/Recommendation 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. Cirty Council b. Borough Planning c. Administration il. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Zoning Bulletin (14110/03 & 1D/25103) b. KPB Plat Committee Action of October 13, 2003 c. PZ03-47 -Landscape Site Plan --- 155 Bidarka Street {Lot 5, Block 4, Fidalgo Commercial Center) _ William J. Nelson & Associates 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAi PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS NOVEMBER 12, 2003 - 7:00 P.M. CHAIR RON GOECKE, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Goecke called the nneeting to order at 7:00 p.m. Z-a. Roll Call Members Present: Hammelman, Eldridge, Amen, Glick, Goecke, Bryson, Barrett Others Present: Council Member Bookey, City Planner Kebschull, Department Assistant Carver, Contract Secretary Roper 1-b. Agenda Approval MOTION: Commissioner Eldridge MOVED to approve the agenda and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. 50 ORDERED. 1-c. Consent Agenda MOTION: Commissioner Amen MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion. There were no objections. 50 ORDERED. ITEM 2: APPROVAL OF MINUTES -- October 22, 2003 Approved by consent agenda ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5-a. PZ03-45 - An application for a Variance Permit for a variance from KMC 14.20.19Q -Principal Structures for the property known as Lot 29, Block 1, Angler Acres Subdivision, Part 2, (1535 Angler Drive), Kenai, Alaska. Application submitted by Ross Harding dba Riddles Fishing Lodge, 1535 Anglers Drive, Kenai, Alaska. MOTION• Commissioner Eldridge MOVED to approve PZ03-45 and Commissioner Glick SECONDED the motion. Chairman Goecke opened the public hearing. There were no comments from the public. Commissioner Amen asked why there is the 20,000 sq. ft. requirement for principal structures. Kebschull explained the rule was in place before she arrived but thought it was because the current land use is low density. Commissioner Bryson asked if there were similar situations in the area and Kebschull responded, there is and noted there is a report included in the packet on Anglers Acres Conditional Uses and Variance permits. Commissioner Eldridge asked why the area couldn't be rezoned and Kebschull explained this was discussed previously by the Planning & Zoning Commission and the Commission thought it should be the responsibility of the property owners to request a rezone. Kebschull noted the Commission could request such a rezone. VOTE• Hammehnan Yes Eldrid e Yes Amen No Glick Yes Goecke Yes B son Yes Barrett Yes MOTION PASSED. Goecke advised the public an appeal must be filed with the City Clerk within 15 days. 5-b. PZ03-4b - An application far a Conditional Use Permit for a daycare for the property known as Lot 10, Block J, Woodland Subdivision Part 1 (606 Laurel Drive} Kenai, Alaska. Application subnrnitted by Robert and Rachel Pugh dba Kenai Montessori School, 606 Laurel Drive, Kenai, Alaska. MOTION: Commissioner Amen MOVED to approve PZ03-46. Commissioner Bryson SECONDED the motion. Chairman Goecke opened the public hearing. PLANNING & ZONING COMMISSION MEETING NOVEMBER 12, 2003 PAGE 4 Robert Pugh, 606 Laurel Drive, Kenai, Alaska -- Pugh introduced himself as the ~ applicant and asked if there were any questions from the Commission. Eldridge asked what level of the residence the daycare was on. Pugh answered the lower level. Dennis Lovett, 604 Laurel Drive, Kenai, Alaska -- Lovett reported he lives newt door to Pugh and was there in support of their business. Lovett stated he thought their business improved the value of the properties and noted the daycare operation was a marvelous operation. Robert Lorenzen, 621 Ash, Kenai, Alaska -- Lorenzen pointed out he had nothing against the Pugh's daycare operation but was concerned precedence was being set in the subdivision by allowing too many daycares. Lorenzen noted there were already five daycares in the Woodland Subdivision and he is aware of two more application requests coining up in December. Lorenzen thought it would be more appropriate for the Pugh's to operate their increased business in a commercial zone. Commissioner Barrett asked if there were traffic problems in the area because of Pugh's operation. Lorenzen replied there was not and reiterated his concern was not for the Pugh's business but far too many daycare operations in the area. Public hearing was closed. Commissioner Glick asked how many employees were allowed per daycare. Kebschull responded only one, however, the Pugh's had three part-time instructors who were laid off and she is unaware of their current plans. Kebschull also noted one employee was a dance instructor who was only there one hour per week. Eldridge asked about daycare licensing and Carver reported state licensing requires a daycare to operate for one year before they can increase the number of children to eight. After that time, they must meet certain criteria before they can advance to a group classification. Kebschull added, the Code limits the number of children to eight; more than that would require a Conditional Use Permit if not operated in a commercial zone. Amen asked if there were similar operations in the area and Kebschull replied there was one by the high school. This daycare provides service to families on in-service days at the schools so on those days the number of children increase. Kebschull added, there would be one more application presented at the first December meeting. Kebschull also added, if the daycare operates as a school, then the building and fire code requirements become stricter. VOTE: PLANNING & ZONING COMMISSION MEETING NOVEMBER 12, 2003 PAGE 5 Hammelman Yes Eldrid e Yes Amen Yes Glick Yes Goecke Yes B son No Barrett Yes MOTION PASSED. ITEM 6: OLD BUSINESS 6-a. Discussion -- Amendment to Kenai Zoning Map -Thompson Park Subdivision -- Fireweed Lane area. Eldridge requested confirmation no response was received from the property owner on Lot 14 and Kebschull noted that was correct and added, the issue is before the Commission at the request of Commissioner Glick as he became aware of a building permit incorrectly issued for Lot 13 for a residential structure. Kebschull added, a rezone to residential would allow the property owners more control over their property within the guidelines of a residential zone. Bryson stated he was a firm believer that if a property owner wanted to rezone their property, they needed to be upfront and sign in to the rezoning. Bryson said this shades the issue as no property owner petitioned for the rezone and unless there is positive support from those driving this then it should be defeated. Glick stated he understood Lot 14 came in for a variance to build a residential residence on a coixa.mercial lot and that Lots 12 and 13 were given permits without realizing they were commercial lots. Glick continued, since all three lots already have residences on them they should be zoned residential. Amen agreed the landowners should be driving the rezone. Bryson stated he thought it was inappropriate for the City to petition a rezone for one' to three lots. Bryson added, it was a bad precedence and again the property owners should initiate the action. After further discussion, a vote was conducted to initiate the amendment to the zoning map. VOTE (by raise o£ hand) 1 in favor 6 opposed Kebschull will notify the property owners of the Commission's decision to not rezone at this time. PLANNING & ZONING COMMISSION MEETING NOVEMBER 12, 2003 PAGE 6 _ ITEM 7: NEW BUSINESS 7-a. *PZ03-48 - An application for a Home Occupation Permit for operating a daycare at the property known as Lot I, Block 5, Three W's Subdivision, 545 Shane Court, Kenai, Alaska. Approved by consent agenda. 7-b. Discussion -- Draft Ordinance -Adult-0riented Businesses Kebschull reported Administration is proposing an ordinance to regulate aduit- oriented businesses as a proactive step. It was noted there currently is no such business within the City. Discussion ensued and Barrett thought such a business should not be treated any different from others within with City. Kristine Schmidt, 513 Ash, Kenai, Alaska -- Schmidt expressed concern that if the ordinance were not established, such a business could be established in a residential zone. It was pointed out the ordinance would restrict the business to CC, CG, IL and IH zones only. Kebschull noted a public hearing is scheduled before the Commission on December 10, 2003. 7-c. Discussion/Recommendation -- Proposed Foreclosure Sale 2004 Discussion took place on the various parcels and why some should not be sold. It was noted that Parks & Recreation Commission continued the discussion until their January meeting. MOTION: Commissioner Bryson MOVED to recommend that the City retain Deepwood Park Subdivision Tract A, Basin View Subdivision, Tract A and on the waterfront the lots that front on Kenai and Garden Avenues. Commissioner Glick SECONDED the motion. VOTE: Hammelman Yes Eldrid e Yes Amen Yes Glick Yes Gaecke Yes B son Yes Barrett Yes MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS -- None PLANNING & ZONING COMMISSION MEETING NOVEMBER 12, 2003 PAGE 7 ITEM 9: CODE ENFORCEMENT -- None ITEM 10: REPORTS 10-a. City Council -- Councilman Bookey reported the Comprehensive Plan was approved by Council and thanked the Commission for their input. Bookey reported he and Councilman Ross would share P&Z liaison duties. 10-b. Borough Planning -- Commissioner Bryson provided a report based on action taken at October 27 and November 10'h Borough Planning Commission meetings. 10-c. Administration -- Kebschull reminded the Commission the November 26th meeting had been cancelled. The next scheduled P8vZ meeting will be December 10. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. Zoning Bulletin (10/10/03 & 10/25/03) 12-b. KPB Plat Committee Action of October 13, 2003 12-c. PZ03-47 -Landscape Site Plan - 1 S5 Bidarka Street (Lot S, Block 4, Fidalgo Commercial Center) -William J. Nelson & Associates. ITEM 13: COMMISSION COMMENTS 8b UESTIONS Commissioner Barrett wished everyone a Happy Thanksgiving. Commissioner Arnen congratulated the City on the passing of the Comprehensive Plan. Amen stated that each request for a variance should be scruitinized individually and not passed because something similar was approved in the past. Commissioner Eldridge reported he will not be at the December 10, 2003 meeting. ITEM 14: ADJOURNMENT The meeting adjourned at 8:15 p.m. Mi tes recorded d transcribed by !:~ Barbara Roper, C tact Secretary PLANNING & ZONING COMMISSION MEETING NOVEMBER 12, 2003 PAGE 8