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HomeMy WebLinkAbout2004-04-14 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA } CITY COUNCIL CHAMBERS Apri114, 2004 - 7:00 p.m. i. 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. *March 24, 2004 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ04-13-An application for a Conditional Use Permit for Townhouses (Condominium Development) for the property known as 570 Devray Street (Lot 5, Block 4 Three W's Subdivision Addition No. 1}, Kenai, Alaska. Application submitted by Clint Chappell, 40205 Frogberry Road, Kenai, Alaska. b. PZ04-i4-An application for a Conditional Use Permit far Townhouses (Condominium Development} for the property known as 920 Strawberry Road-North (Lot 7, Block 4 Strawberry Hills Estate), Kenai, Alaska. Application submitted by Clint Chappell, 40205 Frogberry Road, Kenai, Alaska. 6. OLD BUSINESS: a. Kenai Peninsula Borough Chapter 21.18 - Anadromous Streams Habitat Protection - Discussion and Recommendation 7. NEW BUSINESS: a. Request to purchase Lot A-1 and Lot A-2 Baran Park No. 6 --Discussion and Recommendation b. Request to purchase 16 acres adjacent to Marathon Road {Proposed Baron Park No. 12} - Discussion and Recommendation c. Request to purchase Tract A-5 Dena'ina Point Estates Discussion and Recommendation S. PENDING ITEMS: a. Amendment of KMC 14.20.320 -Modular Homes 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council Agenda April 14, 2004 b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Board of Adjustment Decision -Jones Appeal b. Planning & Zoning Commission roster c. Zoning Bulletin {3/25/04) d. Building Permits Quarterly Report e. P&Z Quarterly Report f. City Council Raster 13. COMMISSION COMMENTS & QUESTIONS: Page 2 14. ADJOURNMENT: PLANNING 8a ZONING COMMISSION MEETING CITY COUNCIL CHAMBERS APRIL 14, 2004 - 7:00 P.M. CHAIR CARL GLICK, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Glick called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call The roll was confirmed as follows: Commissioners present: N. Amen, C. Glick, P. Bryson, J. Barrett, J. Harnmelman Commissioner absent: B. Eldridge Staff/Others present: City Clerk Freas, City Manager Snaw, Council Member Baokey, City Planner Kebschull, Planning Assistant Carver 1-b. Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda as submitted and requested UNANIMOUS CONSENT. Commissioner Hammelman SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Amen MOVED to approve the consent agenda as submitted and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections, SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- March 24, 2004 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS 5-a. PZ04-13-An application far a Conditional Use Permit for Townhouses (Condominium Development) for the property known as 570 Devray Street (Lot 5, Block 4 Three W's Subdivision Addition No. 1), Kenai, Alaska. Application submitted by Clint Chappell, 40205 Frogberry Road, Kenai, Alaska. MOTION: Commissioner Bryson MOVED for approval of PZ04-13 and Commissioner Arnen SECONDED the motion. Staff had nothing additional. The public hearing was opened. With no one requesting to speak to the resolution, the public hearing was closed. It was noted the applicant was in the audience and available to field questions if necessary. After reviewing the difference between a condominium vs. townhouse, City Planner Kebschull noted the following: • Kenai Municipal Code does not include a definition for a condominium. • As in the past, the city attorney recommended the most similar use in the city code is "townhouse." She noted, typically one owning a townhouse owns the property underneath anal it can exist independently with its own utilities. In this instance, the owner will own the residence, but the parcel will be jointly owned by the association as well as the utilities. The Horizontal Property Regimes Act defines the requirements to do this. • Staff recommendations included approval of the Conditional Use Permit but that prior to the issuance and the sale of any unit, proof the development meets the Horizontal Property Regimes Act must be submitted to the City. • In this situation, the lot size is not large enough to provide for two septic systems pursuant to DEC regulations. If there would have been, it would have been a townhouse situation. • City wanted the septic system restrictions and proof of DEC approval for the use. • No additional construction will occur and the Building Official has verified the structure was built according to standard for condominiums. Clint Chappel, 40205 Frogberry, Kenai -- Chappel stated Kebschull is correct regarding the difference between a townhouse and condominium. When he built the structure, he had in mind to eventually subdivide them. The fourplex is built so there is a living unit-garage-living unit-garage, etc. and set up like a condominium. The structures are built to fire code for condominiums. He has contacted an attorney who is setting up the paperwork for him. Kebschull noted, this permit is for the duplex. Chappel agreed and added, his efforts were the same for the fourplex. PLANNING $~ ZONING COMMISSION MEETING APRIL 14, 2004 PAGE 2 ~ VOTE: Amen Yes Glick Yes B son Yes Barrett Yes Harnmelman Yes Eldrid e Absent MOTION PASSED UNANIMOUSLY. 5-b. PZ04-14---An application for a Conditional Use Permit for Townhouses (Condominium Development} for the property known as 920 Strawberry Road-North (Lot 7, Block 4 Strawberry Hills Estate}, Kenai, Alaska. Application submitted by Clint Chappell, 40205 Frogberry Road, Kenai, Alaska. MOTION: Commissioner Hammelman MOVED to approve PZ04-14 with the inclusion of staff recommendations and Commissioner Bryson SECONDED the motion. Kebschull stated she had no additional comments. The public hearing was opened. Clint Chappell, 40205 Frogberry, Kenai -- Chappell stated he has an attorney setting up requirements relating to the Horizontal Regimes Act and it will be submitted to the city as soon as it is prepared in order to receive pre-approval. Glick asked if there was a difference between this structure and the previous structure discussed. Chappell stated no, other than this is a fourpiex and the other is a duplex. Amen asked if there were any different parking requirements for a fourpiex and Kebschull answered no, the building was constructed with sufficient off street parking. Bryson asked if the city had any area requirements to apply to the structure and Kebschull answered, there is not separate water and sewer. Without separate utilities, townhouses are not allowed. Additionally, if they had been constructed as townhouses, denser development would have been allowed. VOTE: Amen Yes Glick Yes B son Yes Barrett Yes Hammelman Yes Eldrid a Absent MOTION PASSED UNANIMOUSLY. PLANNING 8v ZONING COMMISSION MEETING APRIL 14, 2004 PAGE 3 Chairman Glick noted the appeal process for the record and added, appeals must be received by the City Clerk within 15 days. ITEM fi: OLD BUSINESS fi-a. Discussion/Recommendation -- Kenai Peninsula Borough Chapter 21.18 -- Anadromous Streams Habitat Protection Kebschull referred to the memorandum from City Manager Linda Snow, which was included in the packet with attachments. Snow referred to Kenai Borough Code, 21.18.100(c) which describes what the city would have to do if it decided to take over the responsibility of enforcing the protection. She noted the city had not yet drafted an ordinance to this effect as no request had been made by Council Member Bookey to date. Council Member Bookey explained he wanted to hear comments from the Planning 8s Zoning Commission as well as the Harbor Commission prior to requesting an ordinance be drafted. He added, his request for the council to consider taking over the enforcement was not to weaken the Borough ordinance -- the city may want to strengthen it and/or make it mare restrictive. He added, he believed, with the political situations across the Borough, it would be far better for the city to manage its own portion of the river and it is important for the city to control its destiny, i.e. at this time, permits and appeals, etc. are taken to the Borough Planning Commission and the Assembly for review, a change in the code would allow city entities to make those reviews, etc. Bookey also noted, he did not anticipate the additional work load to be overwhelming. Joe Moore, 1006 Inlet Woods, Kenai -- Noted, at one time, the Kenai. River Special Management Area wanted to include the lower five miles of the river i.n their plan. The council fought to keep it out in order for the city to manage its property within the city limits. The city has the ability to enforce the carne rules and regulations now being enforced. Moore stated he is in favor of doing that and would like to see the issue explored further. A lengthy discussion followed in which comments included: • Administration would be able to write permits for allowable use, but the Planning 8s Zoning Commission would be the body who would grant or deny applications for conditional use permits. • Administration would report to the Commission what allowable permits are written. • City Council would act as a Board of Adjustment for appeals. • The ordinance will offer the process and benchmarks for deciding whether permit applications are allowable. PLANNING & ZONING COMMISSION MEETING APRIL 14, 2004 PAGE 4 ~ • The reports will require some environmental expertise which the staff may or may not have; there will be cost involved with staffmg; and, there will be risks in making determinations by the Commission. • Discomfort with the direction the city is proposing to go, i, e. there are specific issues in the estuary area that don't occur elsewhere in the borough (brackish or salt water), the city area includes industrial areas and the rest of the borough does not, and special criteria will be needed if the city really wants to protect the river. • Sometimes agencies are better off being an ally to other agencies instead of being the agency itself, the Borough has the best interest of the city in mind, and the ordinance cannot be less stringent. The Borough should continue doing the enforcement and the city should not take over something that is working fine. + What are the advantages, other than having the control + The Kenai River Center will be completely accessible to city staff for any environmental issues or other permitting issues that may come up. • Wants the city to be the contact for developers who propose projects within the city. • In terms of time, staff time for accepting, review for completeness, processing, filing and mailing a permit application takes 30 minutes and 75 minutes for a conditional use permit. Since 199b, there have been only two conditional use permits that came before the River Center and the rest were allowable use permits. Staff time for adjudicating existing and allowable use permits without a field visit, an additional 60 minutes and with a field visit an additional 120 minutes plus travel ' time. Adjudicating a conditional use permit with a field visit is approximately six hours plus travel time and Planning & Zoning Commission meeting. • Training time for staff will be extensive, but will not be overwhelming. • It's difficult to decide on something without having a draft ordinance to know what the requirements will be, etc. The Commission was polled as to whether they objected to the process to consider amending the code and it should go forward. The consensus was to move ahead to consider an amendment, but they requested a draft ordinance be made available for review to obtain a better feel for what the direction would be. ITEM 7: NEW BUSINESS 7-a. Discussion/Recommendation -- Request to purchase Lot A-1 and Lot A-2 Baron Park No. 6. Kebschull referred to the memorandum from Kim Howard, included in the packet and noted a request was made to make the above-referenced property available for sale. In order to do so, the property must be designated as not required for public use. Sale would be by competitive bid at not less than the fair market value. PLANNING & ZONING COMMISSION MEETING APRiL 14, 2004 PAGE 5 MOTION: Commissioner Barrett MOVED to recommend Lot A-1, Baron Park No. 6 is not needed for public use and requested UNANIMOUS CONSENT. Commissioner Amen SECONDED the motion. Bryson noted his concern the sale of the property would be a one-time amount of money into the Airport Land Fund, while a lease would be a long-term income. City Manager Snow reported the area in which this property lies was originally developed to sell so that it could be developed. Amen asked if a green strip is required for this type of development. Kebschull stated there are only landscape site plan and parking requirements. Barrett noted, the funds from the sale would go to the Airport Fund in which the principal cannot be touched by the city. There would still be a revenue stream from property taxes. VOTE: Amen Yes Glick Yes B son Yes Barrett Yes Hammelman Yes Eldrid e Absent MOTION PASSED UNANIMOUSLY. 7-b. Discussion/Recommendation -- Request to purchase 16 acres adjacent to Marathon Road {Proposed Baran Park No. 12). MOTION: Commissioner Amen MOVED to recommend this parcel is not needed for public use and Commissioner Barrett SECONDED the motion. Coxmissioner Bryson stated he would abstain from voting due to conflict of interest as he may have a potential contract with the potential purchasers. Glick had no objection to Bryson's abstention. He also noted, this was the same situation as the previous property. VOTE: Amen Yes Glick Yes B son Abstain Barrett Yes Hammelman Yes Eldrid e Absent MOTION PASSED UNANIMOUSLY. PLANNING 8v ZONING COMMISSION MEETING APRIL 14, 2004 PAGE 6 T-c. Discussion/Recommendation -- Request to purchase Tract A-5 Dena'ina Point Estates Kebschull noted a memorandum. explaining the request and particulars of the property was included in the packet. After reviewing the memorandum with the Commission, Kebschull added, Administration is requesting a recommendation of whether the property is or is not needed for public use. MOTION: Commissioner Amen MOVED to recommend Tract A-5 Dena`ina Point Estates is not needed for public use and Commissioner Hammelman SECONDED the motion. Bryson stated his encouragement for developing the property but noted problems in that area with heavy erosion, etc. Bryson stated he supported the request. Amen asked if the other properties in that area are developed in the future, will there be recourse to recommend a green area for a playground, etc. Kebschull noted interest by the Parks & Recreation Commission to develop property across the highway for softball fields, etc. Barrett asked if extending water/sewer lines will be an issue as noted in the third paragraph of the memorandum. Kebschull answered, it would be the responsibility of the developer to work out those issues. VOTE: Amen Yes Glick Yes B son Yes Barrett Yes Hammelman Yes Eldrid e Absent MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS 8-a. Amendment of KMC 14.20.320/Modular Homes -- No discussion. ITEM 9: CODE ENFORCEMENT -- None. ITEM 10: REPORTS 10-a. City Council -- Bookey reported the following; • He attended the Arctic Winter Games in Woad Buffalo, Alberta, Canada in March. PLANNING & ZONING COMMISSION MEETING APRIL 14, 2D04 PAGE 7 • Council began the budget review work sessions anal projections for sales tax look very encouraging. 10-b. Borough Pla~,aing -- Bryson reviewed actions taken during the April 12 Borough Planning Commission meeting. 10-c. Administration -- Kebschull reported the following: + The annual gravel pit report was included in the packet. All are in compliance with the city code. Pit monitoring is complaint driven. • The building permit first quarter report was included in the packet. • The city's updated Comprehensive Plan will be introduced to the Borough Assembly at their April 20 meeting with the public hearing scheduled for May 18. • She will be out of town and will miss the April 28 Commission meeting. The adult-oriented business ordinance will be before the Commission for public hearing during that meeting. + The Airport Plan Assessment is out to bid. Proposals are due May 6. • Kenai Landing has been issued three building permits (restaurant and three cottages). • A fish and chips restaurant is to open in ten days. • Ron's Rent-All is moving into the Professional Building on Willow. That building is being renovated. • Jersey Subs has picked up information for a building permit to place a store in Kenai by McDonald's. Bookey noted the process for Mr. Lowe (Dena'ina Point Estates) will be quite lengthy and asked if administration had advised him of the total process. Kebschull stated all issues were reviewed with Lowe by herself, Kim Howard and Public Works Manager La Shat. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM ], 2 12-a. Board of Adjustment Decision -Jones Appeal 12-b. Planning & Zoning Commission roster 12-c. Zoning Bulletin (3/25/04) 12-d, Building Permits Quarterly Report 12-e. P&Z Quarterly Report 12-f. City Council Roster ITEM 13: COMMISSION COMMENTS 8s UESTIONS -- None. ITEM 14: PLANNING 8v ZONING COMMISSION MEETING APRIL 14, 2004 PAGE 8 l The meeting adjourned at approximately 8:45 p.m. Min es transcribed~nd prepared by: Carol L, Freas, City Clerk PLANNING & ZONING COMMISSION MEETING APRIL 14, 2004 PAGE 9