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HomeMy WebLinkAbout2005-05-25 Planning & Zoning Minutes CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 25, 2005 - 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. *May 11, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZOS-27 - An application for a Conditional Use Permit for a storage building for the property known as Lot 2, Block 17 West 60-Foot Thereof (807 Peninsula Avenue), Kenai, Alaska. Application submitted by George A. Nice, Aurora Investments, Inc., P.O. Box 401, Kenai, Alaska. b. PZOS-28 _ An application for a Conditional Use Permit for short-term rentals (motel} for the property known as Lot 7, Block 4, Strawberry Hills Estates (920 North Strawberry Road), Kenai, Alaska. Application submitted by Colleen Ward, Ward Worx LLC, P.O. Box 751, Kenai, Alaska. c. PZ05-29 - An application far a Conditional Use Permit to hold concerts in conjunction with baseball games for the property known as the NW 1/a of Government Lot 4 {103 South Tinker Lane), Kenai, Alaska. Application submitted by Ron Lucia, General Manager, Peninsula Oilers, P.O. Box 318, Kenai, Alaska. d. PZOS-30 - An application for a Variance Permit for a side yard setback for the property known as Lot 23, Block 1, VIP Estates Subdivision (2805 Watergate Way), Kenai, Alaska. Application submitted by Nick Stoltzfus, 2805 Watergate Way, Kenai, Alaska. e. PZOS-32 - An application for a Conditional Use Permit for a park for the property known as Tract F, Leo T. Oberts Subdivision {i435 Chinook Court}, Kenai, Alaska. Application submitted by Linda L. Snow, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. 1 6. OLD BUSINESS: 7. NEW BUSINESS: l a. *PZOS-31 - An application for a Home Occupation Permit far a daycare for the property 1 known as Lot 2, Block 1 Cindy Subdivision (1207 Fourth Avenue}, Kenai, Alaska. Application submitted by Bridgette Baird, 1207 Fourth Avenue, Kenai, Alaska. b. Vacation a portion of a 33-foot section line easement within Lots 5 thru 15, Block 14 of Carl F. Ahlstrom Subdivision {Plat KN 21b); within Section 25, and vacation of a portion of a 50-foot section line easement within Tract A-5 of Dena'ina Paint Estates Subdivision (Plat KN 84-107); within Section 36, Township 6 North, Range 12 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. Discussion & Recommendation. 8. PENDING ITEMS: a. PZOS-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, AIaska. (Tabled until brought back by Administration.) 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. "Zoning Bulletin" -April 10, 2005 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: 1 CITY OF xENAi PLANNING 8a ZONING COMMISSION CITY COUNCIL CHAMBERS MAY 25, 2005 - 7:00 P.M. CHAIR JOHN HAMMELMAN, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Hammelman called the meeting to order at 7:00 p.m. 1-a. Roll Call Members Present: J. Barrett, J, Harnmelrnan, P. Bryson, J. Twait, B. Eldridge, Members Absent: C. Glick, N. Amen Others Present: Council Member Rick Ross, Planning Assistant Nancy Carver, and Temporary Secretary Kari Mohn 1-b. Agenda Approval Hammelman requested the following items be added to the packet of information: ADD: Sd Email from Edward Brown concerning PZ05--30 Se Letter from Steven Oberts Letter from Leo Oberts LTO Limited Partnership Aerial Photo 9a Code Enforcement Report MOTION: Commissioner Bryson MOVED to approve the agenda adding the lay down items provided before the meeting. Commissioner Barrett SECONDED the motion. There were no objections. 30 ORDERED. 1-c. Consent Agenda MOTION: Commissioner Eldridge MOVED to approve the consent agenda and requested UNANIMOUS CONSENT and Commissioner Twait SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -None. ITEM 5: PUBLIC HEARINGS 5-a. PZ05-27 - An application for a Conditional Use Permit for a storage building far the property known as Lot 2, Block 17 West 60-Foot Thereof ($07 Peninsula Avenue), Kenai, Alaska. Application submitted by George A. Nice, Aurora Investments, Inc., P.O. Box 401, Kenai, Alaska Carver reported the following: • This is a small lot which limits development • Applicant would like to place a Connex on the lot for storage for the adjacent apartment buildings. The Connex would blend into the scenery • Staff recommends approval Hammelman opened the public hearing. Mark Schrag, 312 Princess, Kenai, Alaska - Mr. Schrag noted the following: • He manages the apartment complexes for owner George Nice • They aren't quite sure where they are going to put the storage facility on the lot. They might put it on the cement slab. • Owner wants an attractive unit for storage. Might build a unit rather than using a Connex. Commissioner Bryson asked if Mr. Nice owned both complexes and Mr. Schrag replied that he did. Bryson asked if the tree buffer would remain. Mr. Schrag replied that it would subject to beetle attack. Public hearing was closed. MOTION: Commissioner Eldridge MOVED to approve PZOS-27 and Commissioner Barrett SECONDED the motion. Bryson clarified to include the staff's recommendation. Commissioner Eldridge agreed. Commissioner Barrett pointed out the resolution states a "storage building" while the application specifies a Connex. He asked if this resolution would cover any storage building or was it only for a Connex container. Carver answered it covers only a Connex container. PLANNING & ZONING COMMISSION MEETING MAY 25, 2005 PAGE 2 VOTE: Glick Absent Hammelman Yes B son Yes Twait Yes Eldrid e Yes Amen Absent Barrett Yes MOTION PASSED UNANIMOUSLY. Hammelman explained the 15-day appeal process and reiterated that this was for a Connex and not a constructed storage unit. 5-b. PZ05-28 ~- An application for a Conditional Use Permit for short-term rentals (motel) for the property known as Lot 7, Block 4, Strawberry Hills Estates {920 North Strawberry Road), Kenai, Alaska. Application submitted by Colleen Ward, Ward Worx LLC, P.O. Box 751, Kenai, Alaska. Carver noted the following: • Applicant plans to rent the units for a short time during the summer season. • The unit was constructed in 1995 with direct access from North Strawberry Road. Enough parking is provided for intended use. • Short-term rentals would not adversely affect the neighboring property • Staff recommended approval with the provision the fire marshal inspect the property. The fire marshal inspected the property on May 25, 2005 and there were no fire code violations. Hammelman opened the public hearing. There being na comment, the public hearing was closed. MOTION: Commissioner Bryson MOVED to approve PZ05-28 and Commissioner Eldridge SECONDED the motion. VOTE: Glick Absent Hammelman Yes B son Yes Twait Yes Eldrid e Yes Amen Absent Barrett Yes MOTION PASSED UNANIMOUSLY. PLANNING & ZONING COMMISSION MEETING MAY 25, 2005 PAGE 3 -~ 5-c. PZ45-29 -- An application for a Conditional Use Permit to hold concerts in conjunction with baseball games for the property known as the NW 1/a of Government Lot 4 (103 South Tinker Lane), Kenai, Alaska. Application submitted by Ron Lucia, General Manager, Peninsula Oilers, P.O. Box 318, Kenai, Alaska. Carver noted the following: • The application is to have concerts at the ballpark after certain games. • There are no noise restrictions in the City Code. The City Attorney and the City Planner decided that concerts should last no later than 10:00 p.m. That would be a restriction on the resolution. • There have been no complaints concerning ballpark noise • One call from a concerned neighbor was satisfied once the time limits were explained • Staff recommends approval with the 10:00 p.rn. time limit. Hammelman opened public hearing. Jack V. Porter, P.O. Box 7331, Nikiski, Alaska --- Mr. Porter noted the following: • He owns three apartment buildings across from the Oilers ball park • He has no objections to concerts per se • Need 10:00 p.m, restriction • Maybe the following restrictions could be added: 1) Only Friday and Saturday nights 2) Set a maximum DB level for residential areas 3) Placement and direction of speakers away from residential areas Hammelman closed the public hearing. MOTION: Commissioner Bryson MOVED to approve PZ05-29 and Commissioner Barrett SECONDED the motion. Bryson stated he believed the issues raised by Mr. Porter had merit, however he felt uncomfortable applying them without input from the applicant. Barrett noted a discrepancy in that the staff stipulated the concerts last no later than 10:00 p.m. and the application stated games sometimes end as late as 10:00 and they would like the concerts to last an hour after the completion of the game. Carver responded by saying the concerts would only follow certain games. Barrett commented the application referred to four concerts and asked if the petitioner was aware of the 10:00p.m. deadline. Carver responded saying, as far as she knew he PLANNING 8s ZONING COMMISSION MEETING MAY 25, 2005 PAGE 4 l was aware of the 10:00p.m. deadline. She added, she had not spoken to the petitioner directly, only to Planner Kebschull before she left. The permit would be revoked if the City receives too many complaints. Barrett asked if it was possible to limit the Conditional Use permit to this season only to see how it goes. Eldridge responded no and added, he believed a permit is good from year to year unless there is some reason to revoke it. Eldridge stated he did not know of any petitioners who have done it for just a year. Barrett asked for clarification on which games and Carver responded, it would only be games that would meet that 10:00 p.m. deadline. Barrett asked if a game went extra innings and a concert had been advertised, would fine concert be held and Carver responded, she thought they were just going to try it. If it doesn't go over well, she did not think they would continue holding concerts. Bryson commented that DB noise levels are time related and there may be issues that need to be addressed with input from the commissioners. Barrett commented the resolution stated the Commission was authorizing the appropriate permits. He asked if the permits would be the place to define issues, like the speakers must face the stands and Carver responded she would add as an attachment everything the Commission wished to include. Eldridge stated he would like to add a second recommendation that the speakers should be directed away from residential areas. Barrett commented that if the speakers were faced north and east they would be facing the residential areas across Lawton. MOTION TO AMEND: Commissioner Barrett MOVED that one of the conditions of the permit be that the loud speakers used in the concerts point directly at the covered grand stands. Commissioner Eldridge SECONDED MOTION TO POSTPONE: Commissioner Bryson MOVED that PZOS-29 be postponed to the next regular meeting with the purpose being to provide input from the petitioner. Commissioner Twait SECONDED. VOTE: Glick Absent Hammelman Yes B son Yes gait Yes Eldrid e Yes Amen Absent Barrett Yes PLANNING 8s ZONING COMMISSION MEETING 1 MAY 25, 2005 PAGE 5 MOTION PASSED UNANIMOUSLY. Hammelman explained the issue had been postponed to June 8 with the hope that other people would be present to participate. 5-d. PZ05-30 -- An application far a Variance Permit for a side yard setback for the property known as Lot 23, Block 1, VIP Estates Subdivision (2805 Watergate Way), Kenai, Alaska. Application submitted by Nick Stoltzfus, 2805 Watergate Way, Kenai, Alaska. Carver noted the following: • Applicant is applying for afour-foot side yard setback variance. The proposed garage addition would encroach approximately three feet six inches into the 15 foot side setback. • One neighbor contacted the office and asked if there was a need for a variance and was concerned with items currently stored along the property line • Recommends approval with afour-foot variance to allow for errors in construction Hamrnelman opened public hearing. There being no comment, the public hearing was closed. MOTION: Commissioner Barrett MOVED to approve PZO5-30 and Commissioner Eldridge SECONDED the motion. Eldridge asked where the sender of the e-mail lives. Carver didn't verify where he lives. General comment was he is an adjacent property owner. VOTE: Glick Absent Hammelman Yes B son Yes Twait Yes Eldrid a Yes Amen Absent Barrett Yes MOTION PASSED UNANIMOUSLY. 5-e. PZ05-32 -- An application for a Conditional Use Permit for a park for the property known as Tract F, Leo T. Oberts Subdivision. (1435 Chinook Court), Kenai, Alaska. Application submitted by Linda L. Snow, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. PLANNING & ZONING COMMISSION MEETING MAY 25, 2005 PAGE 6 Carver noted the following: • This parcel was donated to the City and if it is not used for a park it will revert back to the owner • The plan is to put ixi a 20 x 30 foot gravel pad, a small trail, picnic table, a sign, a bench and a trash receptacle with a bear proof lid on the property. • The park is intended for Unity Trail users only. There would be no driving access • Three letters were received opposing the placement of the park • Staff recommended approval Hammelman opened the public hearing. There being no comment, the public hearing was closed. MOTION: Commissioner Eldridge MOVED to approve PZ05-32 and Commissioner Barrett SECONDED the motion. Barrett asked if the parcel had been donated to the City and Carver confirmed it had, on the condition that it be used for a park. Eldridge stated he believed the 20 x 30 pad may be a bit unrealistic as jotted down on the plat and he would expect the access trail would be much shorter. He added, he did not believe the city would be adding parking spaces and it would be just a small rest place. Eldridge stated he believed the Oberts' concerns were unfounded. Carver commented the Parks & Recreation Department planned to place a trash receptacle there but it was not known if the access would be wide enough to drive to the receptacle for pick up. Bryson stated he also believed the drauring was out of scale and the pad would really be half what is shown and would be close to the highway. Bryson stated he was in support of the motion. Barrett stated he was generally in favor of parks; his only concern is that it might be too obscure from the road for safety; and, people might take advantage of it. Eldridge concurred stating that was all the more reason to have it closer to the trail. Bryson stated he recollected the Kenai Spur Highway is climbing at that point and he would hope the facility would have some visibility from the highway. Hammelman commented that if it would only be used by people who are walking, biking or skating, there could be a sign directing them to pack out their own trash and a receptacle would not be needed. PLANNING & ZONING COMMISSION MEETING MAY 25, 2005 PAGE 7 Commissioner Twait asked if the 20 x 30 pad is what the Commission was approving or if the park became popular, could it be expanded. Carver responded, the Commission was only approving the pad, bench, and other items. The Commission could designate the pad be moved closer to the highway and be visible. Barrett asked if the resolution was approving a Conditional Use Permit that specifically describes exactly what the Commission is authorizing and Carver responded, if the Commission makes specific changes or recommendations, she would add "See attached sheet" and list the specific changes. Barrett asked if the Commission did not make any changes, would it be approved as stated in the resolution. General, comment explained that approval was as specific as the Commission wished to make it. The resolution would approve the application. Bryson commented that what is being proposed for the park is just an infinitesimal area. VOTE: Glick Absent Hammeiman Yes B son Yes Twait Yes Eldrid e Yes Amen Absent Barrett Yes MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS -- None. ITEM 7: NEW BUSINESS 7-a. PZ05-31 - An application for a Home Occupation Permit for a daycare for as Lot 2, Block 1 Cindy Subdivision (1207 Fourth Avenue), Kenai, Alaska. Application submitted by Bridgette Baird, 1207 Fourth Avenue, Kenai, Alaska. Approved by consent agenda. 7-b. Discussion/Recommendation -- Vacation a portion of a 33-foot section line easement within Lots 5 thru 15, Block 14 of Carl F. Ahlstrom Subdivision {Plat KN 216); within Section 25, and vacation of a portion of a 50-foot section line easement within Tract A-5 of Dena'ina Point Estates Subdivision (Plat KN $4-107); within Section 36, Township 6 North, Range 12 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. PLANNING 8s ZONING COMMISSION MEETING MAY 25, 2005 PAGE 8 1 Carver noted the following: • This is a vacation that will go before the Borough Hammelman explained the Commission was being asked for a recommendation for the Borough. MOTION: Commissioner Barrett MOVED to approve the vacation and Commissioner Eldridge SECONDED the motion. Bryson stated there was a preliminary sketch in the packet showing the proposed right of way. He asked if it had advanced past proposed and Carver stated she did not know. Carver stated, she knew he was out there working and was building a restaurant. Eldridge asked why an eighty foot access and Carver stated she did not know. Eldridge stated he thought it made a lot of sense to vacate and questioned the 200 foot storm drain access. General comment explained there was a huge gully there, Bryson stated he believed the property, which is part of Section 36, belonged to the State of Alaska and he he believed they dedicated the storm drain access on their own property. Barrett referred to the map included in the packet and noted it defined the Spur Highway as Kenai Farm Road. A general discussion followed on old road names. VOTE: Glick Absent Hammelman Yes B son Yes Twait Yes Eldrid e Yes Amen Absent Barrett Yes MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS 8-a. PZ05-16 _ An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (i70 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning 8v Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled until brought back by Administration.) PLANNING 8v ZONING COMMISSION MEETING MAY 25, 2005 PAGE 9 Carver stated there was nothing new to report. ITEM 9: CODE ENFORCEMENT Hammelman stated there was a Code Enforcement report added as a Iay down and Carver reported Rory Espy was working hard on cleaning up the code violations. ITEM 10: REPORTS 10-a. City Council -Councilman Ross provided a reported based on actions taken at the May 18, 2005 City Council meeting. 10-b. Borough Planning -- Commissioner Bryson provided a report on action taken at the May 23, 2005 Borough Planning meeting. 10-c. Administration - -Carver stated she had nothing to add. Eldridge commented he had requested Airport Commission notes for the May 12th meeting be included in the packet. Carver stated she would discuss the request with City Planner Kebschull. ITEM 11: PERSONS PRESENT NOfi SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. "Zoning Bulletin" -- April 10, 2005 ITEM 13 : COMMISSION COMMENTS & UESTIONS Eldrridge reminded the Commission the Airport Commission would be holding another work session on June 8, 2005 related to the supplemental airport plan. ITEM 14: MOTION: Commissioner Bryson MOVED to adjourn and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7:55 p.m. Minutes transcribed and prepared by: Kari Mohn, Temporary Secretary PLANNING 8~v ZONING COMMISSION MEETING MAY 25, 2005 PAGE 10