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HomeMy WebLinkAbout2004-07-14 Planning & Zoning Minutes~ CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS July 14, 2004 - 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. *7une 23, 2004 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ04-25 -Preliminary Plat - FBO Subdivision No. 8. Submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. b. PZ04-32 -Preliminary Plat -Wild Rose Subdivision, Kenai River Addition. Submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. 5. PUBLIC HEARINGS: a. PZ04-27 -Variance Permit for an off-premise sign and additional freestanding sign for the property located at 400 Marathon Road (Lot A-1-A Baron Park Subdivision -Fire Addition). Application submitted by Kenai Peninsula Arctic Winter Games, 450 Marathon Road, Kenai, Alaska {P.O. Box 1659, Saldotna, Alaska). b. PZ04-2$ -Variance Permit for an off premise sign and additional freestanding sign for the property located at 10320 Kenai Spur Highway (Lot 3, Baran Park Subdivision - Doyle Addition}. Application submitted by Kenai Peninsula Arctic Winter Games, 450 Marathon Road, Kenai, Alaska (P.O. Box 1659, Soldotna, Alaska}. c. PZ04-29 -Variance Permit for anoff-premise sign and additional freestanding sign for the property located at 400 Marathon Road (Lot A-1-A Baran Park Subdivision -Fire Addition). Application submitted by P.R.LS.M. - AAI Engineering Support, Inc., 450 Marathon Road {P.O. Box 3670), Kenai, Alaska. d. PZ04-30 - 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 14.20.245 of the Kenai Zoning Code be amended by adding Section {d) (5) to prohibit parking of recreational vehicles on private property that has no principal permitted structure except as otherwise allowed under KMC 14.20.245 (e). b. OLD BUSINESS: 7. NEW BUSINESS: $. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Zoning Bulletin (6110/04 & 6/25104) b. PZ04-26 - LandscapelSite Plan - Snowder Chiropractic Clinic, 205 Bidarka Street c. Building Permit Quarterly Report d. Planning & Zoning Permit Report e. Pending Code Violations Report 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING 8s ZONING COMMISSION CITY COUNCIL CHAMBERS JULY 14, 2004 - 7:00 P.M. VICE CHAIR PHIL BRYSON, PRESIDING MINUTES ITEM 1: CALL TO ORDER Vice Chair Bryson called the meeting to order at 7:00 p.m. 1-a. Ro11 Call Roll was conf rmed as follows: Commissioners Present: B. Eldridge, P. Bryson, J. Barrett, and J. Hammelman Commissioners Absent: N. Amen and C. Glick Others Present: Council Member James C. Bookey, III, City Clerk Freas, and City Planner M. Kebschull. 1-b. Agenda Approval MOTION: Commissioner Barrett MOVED for approval of the agenda as submitted and Commissioner Hammelman SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Eldridge MOVED for approval of the consent agenda as presented and Commissioner Hammelman SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- June 23, 2004 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4-a. PZ04-25 -Preliminary Plat - FBO Subdivision No. 8. Subrnitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. 1 City Planner Kebschull reported the following: • It is a subdivision at the north end of Willow Street. • The City has submitted the plat to add an additional lease lot to the airport and it will also dedicate a 1.00 feet of Willow Street that had not been previously dedicated. • Water and sewer is available off Willow Street. There were no public comments and the public hearing was closed. Commissioner Eldridge questioned the portion of Willow Street, i.e. the dedication not being platted. Kebschull noted, the standard has been, when tracts of land are subdivided, then the roads become dedicated. Until that point, they normally exist through easements or section line easements. It was also noted, the pavement ends at the south end of this property. VOTE: Eldrid e Yes Amen Absent Glick Absent B son Yes Barrett Yes Hammelman Yes VOTE WAS UNANIMOUS. (Clerk's note: However, no motion was made on which to vote. ~ 4-b. PZ04-32 -Preliminary Plat -Wild Rose Subdivision, Kenai River Addition. Submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. Kebschull reported the following: • The plat would subdivide a large parcel into 13 lots. • The property is located an Beaver Loop Road and currently is a portion of Wild Rose Subdivision. • The plat will require new road construction (an installation agreement will be required) and in addition, due to the configuration of the lots on the plat, some of the lots do not meet the minimum lot width. • Staff is recommending a note be placed on the plat limiting construction to the area where the lot meets the minimum lot width (in this zone, it is 90 feed. • Also, the original Wild Rose Subdivision shows an access easement which is not identified on the preliminary plat and should be identified. • The first plat note does not meet the city's requirements for setback and should be removed. • There is a structure on what would be Lot 8 and the resulting plat will create an encroachment and is an illegal subdivision. Staff is recommending the structure will need to be removed or an encroachment permit obtained prior to finalizing the plat. PLANNING 8s ZONING COMMISSION MEETING JULY 14, 2004 PAGE 2 MOTION: Commissioner Eldridge MOVED for approval of PZ04-32 and Commissioner Barrett SECONDED the motion. The public hearing was opened for comments. Roy Whitford, Box 4032, Soldotna -- Whitford identified himself as the surveyor representing the owner. He referred to Notes 3 and 4 (the access easement and building setback note) and stated they were an oversight on their part and the changes will be made prior to submission far a final plat. Whitford referred to Note 2, the recommendation to limit development within the 90 foot or less portion of the lot, and stated he was not aware of it. He stated, he believed in rural residential it says the minimum lot width is 90 feet and defines the lot width as an average width of the lot perpendicular to the side lot line. He stated he was not aware building could not take place on the portion of the lot that was less than 90 as long as all the other front and sideline setbacks were met. He requested a clarification. Kebschull stated she had discussed the issue with Whitford and they had a difference of opinion in the interpretation. She noted, staff has always allowed what are called 'flag lots' and items such as that, but have limited development and gave as an example an irregularly configured lot an Anglers' Acres. She added, another option would be far them to apply for a variance far the lot width, which would require a public hearing. Kebschull reiterated, they could apply for a variance or include a plat note. Whitford stated he believed Lots 2, 3, and H would fall into that category. If going by the definition of average lot width of 90 feet, he believed they would still need that and they have no problem in building in that area. Because zoning ordinances change over time, he suggested it could be better addressed with a standard note on the plat stating "development of these lots are subject to City of Kenai zoning regulations" rather than a separate note. He added, that's how all the building setbacks are addressed rather than putting the footage on the plats. Ken Merkes, Box 572, Sterliag, AK -- Merkes reported he is the owner of the property and requested a clarification an the City Engineer and Public Works Manager's comment stating streets must be constructed to city standards. He noted, he and his engineer were having difficulties in knowing what the standards are. They are ready to build the road, but don't have the standards to know what will be required. Kebschull explained the normal procedure as, after a preliminary plat is approved by the Commission, the installation agreement is prepared and in it, the requirements are included in the agreement. She added, typically, the agreement is included in a letter and ail the standards are addressed in the letter. If there are questions of the PLANNING 8w ZONING COMMISSION MEETING JULY 1.4, 2004 PAGE 3 requirements, the developer can then address them. Kebschull added, the city uses the Anchorage standards and copies of the standards are available for sale or he could discuss specifics with the city engineer. Merkes noted, his builder is familiar with the Anchorage standards and because there are many different types of roads allowed to be built there, he was not clear of what would be required. Bryson stated he believed a determination would be made given the area in which the road would be constructed. Kebschull added, the City Engineer and Public Works Manager both have advised the road will require a paved surface, back slopes and grass; the determination is based on the subdivision road corning off a paved road; this is what the city has been requiring based on most recent subdivisions and the requests for individuals in the area to have roads paved. She added, the road will require construction based on fill, paved surface, grass, a street light at the corner of Beaver Laop, and street signs. The specifics would be included in the installation agreement. A brief discussion followed. Kebschull noted Merkes was given a copy of the plans far the city's most recent subdivision as an example of what would be required. That subdivision was also zoned rural residential. Bryson noted, the instructions will be provided to Merkes after the Commission's approval of the preliminary plat. He added, this was not plat approval at this level, but city comments including road standards and development. As a result of the Commission's actions, the city will provide him with instructions concerning development requirements. Commissioner Hammelman noted, if the Commission approves the preliminary plat, he will be able to go to the City Engineer in the morning and get the specifications for the road. Kebschull stated, the installation agreement typically states what is required, i.e., construction of a road with a 30 foot width, with pavement of 24 feet wide. Then, the city gets plans for their approval. Merkes will need to meet with the city engineer to get the basic spec cations. The public hearing was closed. Eldridge stated his concern there are not written standards available for review as informational material. VOTE: Eldrid e Yes Amen Absent Glick Absent B son Yes Barrett Yes Hammelman Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5-a. PZ04-27 -- Variance Permit for anoff-premise sign and additional freestanding sign for the property located at 400 Marathon Road (Lot A- PLANNING & ZONING COMMISSION MEETING JULY 14, 2004 PAGE 4 1-A Baron Park Subdivision -Fire Addition). Application submitted by Kenai Peninsula Arctic Winter Games, 450 Marathon Road, Kenai, Alaska (P.O. Box 1659, Soldotn.a, Alaska). Kebschull explained, Arctic Winter Games, whose office is located in the Alaska Regional Fire Fighting (ARFF) building located at 450 Marathon Road, is requesting a variance to place an off-premise sign. The building in which they are housed, is owned by the City of Kenai and leased to Pacific Rim Institute of Safety Management (PRISM). The parcel is accessed through another parcel of property leased by the City to the University of Alaska (UA) . She continued, staff was recommending approval of the variance because of the access and unusual lot configuration and because the Games is an event that will be over in May, 2006 and then the signs will be removed. It was also noted, the mailing address was different from the ARFF facility. MOTION: Commissioner Eldridge MOVED far approval of PZ04-27, a variance permit for an off- premise sign and additional freestanding sign for the property located at 400 Marathon Road (Lot A-1-A Baron Park Subdivision -Fire Addition). Commissioner Hammelman SECONDED the motion. The were no public comments and the public hearing was closed. Eldridge stated his support of the variance. VOTE: Eldrid e Yes Amen Absent Glick Absent B son Yes Barrett Yes Hammelman Yes MOTION PASSED UNANIMOUSLY. Kebschull noted the 15-day appeal period for the decision made by the Commission. 5-b. PZ04-28 -- Variance Permit for anoff-premise sign and additional freestanding sign for the property located at 10320 Kenai Spur Highway (Lot 3, Baron Park Subdivision -Doyle Addition. Application submitted by Kenai Peninsula Arctic Winter Games, 450 Marathon Road, Kenai, Alaska (P.O. Box 1659, Soldotna, Alaska). Kebschull explained the application was for an off premise sign for the Games and an additional freestanding sign due to the event and the amount of groups needing to know where the office is situated. She added, AWG could request a sign be placed by the Department of Transportation, but because of the access issues, etc., it was PLANNING 8v ZONING COMMISSION MEETING JULY 14, 2004 PAGE 5 thought anoff-premise sign would be a better solution for the situatian. Kebschull stated, the city has not been in favor of off-premises signs, but because it is a nonprofit and it is an event with a definite end date, staff was recommending the permit be approved. She also noted, the off premise sign will be placed by the car wash and the public hearing notice had been placed there for public review. MOTION: Commissioner Eldridge MOVED far approval of PZ04-28, a variance permit for an off- prerrAise sign and additional freestanding sign for the property located at 10320 Kenai Spur Highway (Lot 3, Baron Park Subdivision -Doyle Addition). Commissioner Barrett SECONDED the motion. There were no public comments and the public hearing was closed. Barrett stated he supported the variance as it would be helpful in establishing Kenai as the central home of the Games. VOTE: Eldrid e Yes Amen Absent Glick Absent B son Yes Barrett Yes Hammelrnan Yes MOTION PASSED UNANIMOUSLY. 5-c. PZ04-29 -Variance Permit for an off premise sign and additional freestanding sign for the property located at 400 Marathon Road (Lot A- 1-A Baron Park Subdivision -Fire Addition). Application submitted by P.R.LS.M. - AAI Engineering Support, Inc., 4S0 Marathon Road (P.O. Box 3F 70 J , Kenai, Alaska. Kebschull explained the application was for the same property; when AWG came to the city regarding their signage needs, it was discovered the PRISM organization had placed signs along Marathon Road and did not receive the required variances. She noted, the lack of the variance request was probably due to the access and lot configuration noted above. Though there had been no complaints, the variance approval would clear the situation. Kebschull stated administration was recommending approval. MOTION: Commissioner Eldridge MOVED for approval of PZ04-29, a variance permit for anoff- prernise sign and additional freestanding sign for the property located at 400 Marathon Road (Lot A-I-A Baron Park Subdivision -Fire Addition). Commissioner Barrett SECONDED the motion. PLANNING & ZONING COMMISSION MEETING JULY 14, 2004 PAGE 6 There were no public or Commission comments. VOTE: Eldrid e Yes Arnen Absent Glick Absent B son Yes Barrett Yes Hamrnelman Yes MOTION PASSED UNANIMOUSLY. Bryson noted the fifteen day appeal period on all the public hearings held at the meeting. 5-d. PZ04-30 - 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 14.20.245 of the Kenai Zoning Code be amended by adding Section (d) (5) to prohibit parking of recreational vehicles on private property that has no principal permitted structure except as otherwise allowed under KMC 14.20.245 (e). Kebschull explained the resolution. would recommend a proposed amendment to eliminate what staff sees as a loop hole in the ordinance allowing parking of a recreational vehicle (RV) on private property that has no principal permitted structure. The concern includes those who think they can pull out after thirty days and pull back in to allow another 30 days' parking. She noted, administration was not trying to discourage visits from out-of--town guests, etc., but to eliminate people who have a residential Iot and no residential structure on it and parking on the lot for the summer. Kebschull also reported administration had received phone calls from people who were interested in purchasing a lot which was being advertised by the seller as a recreational lot and the parking as an allowable use. MOTION: Commissioner Eldridge MOVED for approval of PZ04-30, recommending to the Council of the City of Kenai, Alaska that KMC 14.20.245 of the Kenai Zoning Code be amended by adding Section (d) (5) to prohibit parking of recreational vehicles on private property that has no principal permitted structure except as otherwise allowed under KMC 14.20.245 (e). Commissioner Hammelman SECONDED the motion. There were no public comments and the public hearing was closed (no public in the audience). Hammelrxzan asked what the main objection was to bring the resolution forward. Kebschull answered, it was a health and safety issue because the ordinance is not limited to summer use, to maintain the integrity of the subdivision, and people not wanting RV's in the neighborhood. PLANNING 8~ ZONING COMMISSION MEETING JULY 14, 2004 PAGE 7 ~) Discussion followed in which Barrett stated he was uncomfortable with the amendment because people come to Kenai to work during the summer and they should be encouraged to live in Kenai. He added, he was not sure the city was ready for this type of ordinance. Council Member Bookey stated he was not sure it is a real problem and had concerns with the way the amendment was written. He noted, if it comes to the council in the same form, he would probably vote against it. Eldridge stated he did not see it as a bad problem and suggested it be brought back for action when the practice does become a problem. Hamrnelrnan congratulated administration for being proactive to circumvent a problem. Discussion continued relating to the definition of long term parking; code requiring a house being built before a garage; hook-up of water/sewer and electrical (and turned on) without a building being constructed; and the city not charging for water/sewer until a certification of occupancy for a building has been submitted. Hammelman noted administration was looking ahead, but felt more thought should be given to the issue by the Commission and administration. MOTION TO POSTPONE ACTION: Commissioner Hammelman MOVED to postpone action on the resolution until administration brings it back. Commissioner Barrett SECONDED the motion. VOTE ON POSTPONEMENT: Eldrid e Yes Amen Absent Glick Absent B son Yes Barrett Yes Hammelman Yes MOTION PASSED UNANIMOUSLY. ITEM b: OLD BUSINESS -- None. ITEM 7: -- None. ITEM 8: PENDING ITEMS -- None ITEM 9: CODE ENFORCEMENT -- None. ITEM ].0: REPORTS 10-a. City Council -- Council Member Bookey noted the discussion on the helmet ordinance from the last council meeting. He reported a request had been made to reconsider the ordinance in August. PLANNING 8~ ZONING COMMISSION MEETING JULY l4, 2004 PAGE 8 10-b. Borough Planning -- No report. 10-c. Administration -- Kebschull noted the following: • Building permit, Planning & Zoning Resolutions, and code violation informational reports were included in the packet. • A transfer of funds was approved by council to hire a staff code enforcement officer. • Work on the supplemental airport plan had begun. Members of council, representatives of Chamber, the Visitors Center, and Economic Development District, etc. had met with the contractors. The work will continue for the next few months. ITEM 1],: PERSONS PRESENT NOT SCHEDULED -- None. ITEM I2: INFORMATION ITEMS 12-a. Zoning Bulletin (6/ 10/04 8s 6/25/04) 12-b. PZ04-26 -- Landscape/Site Plan - Snowder Chiropractic Clinic, 205 Bidarka Street 12-c. Building Permit Quarterly Report 12-d. Planning Sa Zoning Permit Report 12-e. Pending Code Violations Report ITEM 13: COMMISSION COMMENTS 8s QUESTIONS Commissioners Barrett and Eldridge commented on the opening of Kenai Landing. ITEM 14: ADJOURNMENT MOTION: Commissioner Eldridge MOVED for adjournment and Commissioner Barrett SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7:49 p.m. Minus te~s~tr~anscribed and prepared by: C~'~f~ Carol L. Freas, City Clerk PLANNING 8~ ZONING COMMISSION MEETING JULY 14, 2004 PAGE 9