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HomeMy WebLinkAbout2005-01-12 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS January 12, 2005 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Election of Chair and Vice Chair c. Agenda Approval d. Consent Agenda *All items Iisted 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. *December $, 2004 3. SCHEDULED PUBLIC COMMENT: a. Kenai Economic Development Strategy (KEDS) Presentation -Andy Varner & Barry Eldridge 4. CONSIDERATION OF PLATS: a. PZOS-O1 -- Preliminary Plat -Kenai Landing -Cottages Subdivision. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: a. PZOS-02 - An application for afive-foot side yard variance for the property described as Lot 8, Anglers Acres Subdivision Part 3 (1125 Angler Drive}, Kenai, Alaska. Application submitted by Jackie Johnson, 1125 Angler Drive, Kenai, Alaska. b. PZOS-03 - An application to amend Conditional Use Permit PZ03-43 to add a "Common Interest Ownership Community" (condominium project) for the property known as a portion of Government Lots 11 & 12 in Section 17 (2101 Bowpicker Lane), Kenai, Alaska. Application submitted by Steve Agni, President, Kenai Landing, Inc., 5011 Spenard Road, Suite 201, Anchorage, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. Home Occupation Permits - Daycares -Relative Exemption -Discussion ~ ~ $. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration i) Annual Reports -Extraction of Natural Resources ii} 2004 Planning Commission Resolutions iii) 2004 Building Permit Summary 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Emails regarding RV Petition b. PZ04-51 -~- Landscape/Site Plan Review - Everetts Air Fuel c. City of Kenai Board of Adjustment Decision -- Craig (Case No. BA-04-2) d. Invitation to the Kenai Economic Development Strategy Presentation e. "Zoning Bulleting" - 10110 & 10/12/04 & 2004 Index f. Reappointments Letters - Hammelman & Barrett 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Work Session immediately following regular meeting -Development of Limited Commercial Zone. CITY OF KENAI PLANNING 8a ZONING COMMISSION CITY COUNCIL CHAMBERS JANUARY 12, 2005 - 7:00 P.M. CHAIR CARL GLICK, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Glick called the meeting to order at 7:00 p.m. 1-a. Roll Call The roll was taken by Contract Secretary Roper and confirmed as follows: Commissioners Present: N. Amen, C. Glick, P. Bryson, J. Hammelman, J. Barrett, J. Tbvait, B. Eldridge Others Present: Councilman Ross, Councilman Moore, City Planner Kebschull, Contract Secretary Roper A quorum was present. 1-b. Election of Chair and Vice Chair MOTION: Commissioner Barrett MOVED to nominate Commissioner Glick as Chairman of the Planning and Zoning Commission. Commissioner Eldridge 5ECONDED the motion. MOTION: Commissioner Bryson MOVED to nominate Commissioner Hammelman as Chairman of the Planning and Zoning Commission. Commissioner Amen SECONDED the motion. A vote was taken by secret ballot. Results were: Commissioner Hammelrnan, 5 votes; and Commissioner Glick, 2 votes. Commissioner Hammelman was elected Chairman of the Planning & Zoning Commission. MOTION: Commissioner Bryson MOVED to nominate Commissioner Glick as Vice-Chair of the Planning and Zoning Commission. Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. Commissioner Glick was elected Vice-Chair of the Planning 8a Zoning Commission. The gavel was turned over to Chairman Hammelman. 1-c. Agenda Approval MOTION: Commissioner Eldridge MOVED to approve the agenda adding the letter from Jackie Johnson at Item 5-a. and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1-d. Consent Agenda Commissioner Amen MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. IfiEM 2: APPROVAL OF MINUTES -- December 8, 2004 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT 3-a. Kenai Economic Development Strategy (KEDS) Presentation -Andy Varner and Barry Eldridge Barry Eldridge provided a slide presentation and handout on the Kenai Economic Development Strategy (KEDS). Eldridge requested the handout be reviewed and that any feedback be forwarded to Mr. Varner prior to their first public forum meeting scheduled for February 5, 2005 at the Visitors Center. Eldridge gave a brief history of KEDS which included their accomplishments to date; reported their five initiative areas include Education and Workforce Development, Quality of Life, Business Development, Infrastructure, and Tourism; and, outlined their goals and objectives and subsequent timefrarnes. ITEM 4: CONSIDERATION OF PLATS 4-a. PZ05-01 -Preliminary Plat -Kenai Landing -Cottages Subdivision. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai. Alaska PLANNING 8v ZONING COMMISSION MEETING JANUARY 12, 2005 PAGE 2 City Planner Kebschull noted the plat subdivided a large parcel to create an approximate 6.7 Acre parcel. She added, the resulting parcel would meet lot size requirements for the zone, however, if approved, staff recommended an access easement for Lot 1 be filed with the City of Kenai prior to recording the final plat. Kebschull noted the applicant is aware of the requirement, MOTION: Commissioner Bryson MOVED to adopt PZ05-O1 with the incorporation of staff recommendations and Commissioner Eldridge SECONDED the motion. Commissioner Bryson stated, when the issue came before the Commission previously he abstained due to a passible conflict and noted that conflict no longer existed. Commissioner Amen questioned the long-standing encroachments and asked that the applicant investigate eliminating them. Kebschull noted the situation dated back several years and the section line had always been there with some of the cannery structures were built across the section line. She added, the language is standard in the City's resolutions, however, the Borough did not enforce encroachments. Kebschull stated, the applicant indicated that would be one of their next steps as they go through the process. Kebschull also added, removing a section line is a very lengthy process with the State and requires alternate access and technically the structures would be grandfathered in as nonconforming structures. VOTE: Barrett Yes Glick Yes B son Yes Twait Yes Hammelman Yes Eldrid e Yes Amen Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5-a. PZ05-02 - An application for afive-foot side yard variance for the property described at Lot 8, Anglers Acres Subdivision Part 3 (1125 Angler Drive, Kenai, Alaska. Application submitted by Jackie Johnson, 1125 Angler Drive, Kenai, Alaska. Kebschull explained the application was for afive-foot side yard setback and indicated the applicant was ixi attendance to answer any questions. Kebschull drew attention to the letter in the packet from an adjoining neighbor who discussed the driveway going all the way to the river. Kebschull noted that was not accurate and added staff was recommending the applicant provide verif cation the septic system will support the additional structure. PLANNING 8~ ZONING COMMISSION MEETING JANUARY 12, 2005 PAGE 3 1 1 Chairman Hammelman opened the public hearing. Jackie Johnson, 1125 Angler Drive, Kenai, Alaska -- Ms. Johnson explained the project and noted the addition would be 28-foot wide by 40-foot long and would be attached to the duplex. Johnson was surprised by the letter of opposition from her neighbor as the addition would not interfere with whatever he is trying to do. Johnson added she would never put in a structure that would become a safety issue. Johnson also stated she wants to do this project correctly and is relying on the input from the City's Building Official. Johnson also explained her landscaping plans would be submitted for review prior to building. Bryson asked if the building would be attached to the existing structure and Johnson replied it would. MOTION: Commissioner Amen MOVED to recommend approval of PZ05-02 and Commissioner Barrett SECONDED the motion. The public hearing was closed. Amen asked if the cabins were rentals and Kebschull confirmed they were, are operated under a conditional use, and the new addition would require an amendment to the existing permit if it were to be used as a rental. VOTE: Barrett Yes Glick No B son Yes Twait Yes Harnmelman Yes Eldrid e Yes Amen No MOTION PASSED. Kebschull advised there is a 15-day appeal period and the appeal should be provided in writing to the City Clerk. 5-b. PZ05-03 - An application to amend Conditional Use Permit PZ03-43 to add a "Common Interest Ownership Community" (condominium pro,~ect) for the property known as a portion of Government Lost 11 ~ 12 in Section 17 (2101 Bowpicker Lane), Kenai, Alaska. Application submitted by Steven Agni, President, Kenai Landing, Inc., 5011 Spenard Road, Suite 201, Anchorage, Alaska. Kebschull explained, PLANNING 8~ ZONING COMMISSION MEETING JANUARY 12, 2005 PAGE 4 .~ The property is known as Kenai Landing and the plat reviewed and approved earlier is to accommodate this condominium project • Because it is zoned industrial, a conditional use permit is required. • The applicant provided a concise and detailed application, however, because it is still in the planning stages, the actual sketch would be modified depending on the market which would dictate whether or not they are single dwellings, duplexes ar triplexes. • The applicant is proposing approximately 8.5 dwellings per acre. • The parcel would be eligible for rezone by size but because it is unknown what the adjoining property to the south of it may do, it is the attorney's recommendation the conditional use process be used. If the property to the south becomes residential, then it is recommended that rezone of the area be considered. Kebschull drew attention to staff's recommendations requesting at least a 15-foot setback to allow far future development and protection for other properties. MOTION: Commissioner Glick MOVED to approve PZ05-03 to include the staff recommendations. Commissioner Amen SECONDED the motion. Chairman Hammelman opened the public hearing. Steve Agni, Kenai Landing, Inc., 2101 Bow'picker Lane, Kenai, Alaska. Mr. Agni explained the proposed project and emphasized their goal of extending the user season to achieve a more year-around utilization of Kenai Landing. Agni acknowledged staff's recommendations and noted they will concentrate on utilizing the existing infrastructure to provide access to the property. Amen asked for clarification on the combined side setbacks and Agni explained the space between two buildings will be no less than ten feet. Agni noted the setbacks referred to by staff were far the adjoining property outside the buildings that are proposed in the common interest condominium community. Commissioner Glick asked if the water system proposed would service all the building. Agni confirmed that it would and noted there are tremendous wells already there that would be upgraded and extend with arctic grade services so the water could be used year-around. Glick asked if the sewer system onsite would serve each individual condo. Agni replied, each building would have its own sewer service to a septic tank and then it would go to a community drain field. Agni noted this would still have to be approved by the DEC but pointed out the proposed community drain field on the sketch in the packet. Public hearing closed. PLANNING & ZONING COMMISSION MEETING JANUARY 12, 2005 PAGE 5 Chair Hamrnelman asked if 5$ dwellings in the area was a concern for staff. Kebschull replied, if the area was zoned RR then it would be high for density but if their system meets DEC approval, there would be no concern. Kebschull noted the city does not regulate onsite systems. Hamrnelman asked if traffic was a concern and Kebschull stated there had been no feedback on traffic. Bryson added, Cannery Road is outside the City. VOTE: Barrett Yes Glick Yes B son Yes Twait Yes Hammelrnan Yes Eldrid e Yes Amen Yes MOTION PASSED UNANIMOUSLY. Kebschull advised the audience of the 15-day appeal process and noted any appeals should be provided in written form to the City Clerk. ITEM 6: OLD BUSINESS -- None. ITEM 7: NEW BUSINESS 7-a. Discussion -- Home occupation Permits - Daycares/Relative Exemption Kebschull reported there are 13 out of 20 home occupations for daycares that are operated by relatives. This occurs because the State requires licensing for anyone who receives a stipend for caring far children. Kebschull asked if the Commission wished to consider an exemption far the relative daycares so they wouldn't have to go through the process with the City, which basically is a paperwork issue. Kebschull added, these relative daycares are exempt from paying sales tax with the Borough but they are required to report. Commissioner Barrett asked if this would affect fire safety inspections, etc. and Kebschull replied, the State has very strict guidelines which are more stringent than the city's. Amen asked if there is an additional public notice process if it didn't have to go through the Commission. Kebschull replied, there was not and the only notice now is included in the consent agenda in the notice in the paper. Amen questioned why an exemption would be necessary when the current system works and who would determine a relative and the safety of the children being watched. Kebschull answered, the City does not define a relative and by the time the applicant comes to the City, the State has already issued them their license as a relative provider. PLANNING & ZONING COMMISSION MEETING JANUARY 12, 2005 PAGE 6 Kebschull added, the relative care providers currently go through a three licensing process. After further discussion, it was determined an exemption is feasible. Kebschull will ask the City Attorney to draft a document and she will bring it back to the Commission. ITEM 8: PENDING ITEMS -- None. ITEM 9: CODE ENFORCEMENT -- None. ITEM 10: REPORTS 10-a. City Council -Council Member Moore reported on actions taken at the January 5, 2005 Council meeting. 10-b. Borough Planning -Bryson offered a brief review of actions taken at the January 10, 2005 Borough Planning Commission meeting. 10-c. Administration -Kebschull reported the following: • The annual reports for the Planning Commission and the building permits were included in the packets as well as a report on the gravel pits. The code violation report will be forthcoming. • She will be absent from the January 26th meeting and there will be two public hearings on the agenda. • There was a preliminary review of a landscape/site plan for Evert's Fuel. She noted, they are being pretty aggressive in wanting to get started and a meeting is scheduled with the Airport Manager, Fire Department and Planning to review their plans. • The Senior Center received a Rasmusson grant for their kitchen expansion. More funds are needed but they are excited about receiving the grant. ITEM 11: PERSONS PRESENT NOT SCHEDULED -None. ITEM 12: INFORMATION ITEMS 12-a. Emails regarding RV Petition. 12-b. PZ04-51 -Landscape/Site Plan Review - Everetts Air Fuel 12-c. City of Kenai Board of Adjustment Decision -Craig (Case No. BA-04-02J 12-d. Invitation to the Kenai Economic Development Strategy Presentation 12-e. "Zoning Bulleting" - 10/ 10 & 10/ 12/04 & 2004 Index 12-f. Reappointments Letters - Hamrnelman and Barrett ITEM 13 : COMMISSION COMMENTS & UESTIONS PLANNING & ZONING COMMISSION MEETING JANUARY 12, 2005 PAGE 7 1 Commissioners Glick and Barrett congratulated Hammelman on his election as Chair of the Commission. Commissioners Amen and Bryson thanked Glick for his work as Chairman. ITEM 14: ADJOURNMENT MOTION Commissioner Bryson MOVED to adjourn and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:35 p.m. A work session was held immediately following the regular meeting. Minutes transcribed and prepared by: ,~ r '7 ~s r', (~, t'w -~ Barbara L. Roper, C act Secretary PLANNING & ZONING COMMISSION MEETING JANUARY 12, 2005 PAGE 8