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HomeMy WebLinkAbout2005-07-27 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS July 27, 2005 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call l~. Agenda Approval c. Consent Agenda *AlI 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. *July 13, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZOS-47 -Preliminary Plat -Enders Subdivision (A replat of Government Lot 105 within the SE 1/4 Section 34, T6N, R11 W). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: a. PZOS-42 - A resolution of the Planning and Zoning Commission of the City of Kenai Alaska recommending to the Council that the Land Use Table in KMC 14.22.010 be amended to add a footnote to the Conservation Zone Land Use Table to allow seasonal and temporary food service as an allowed use. b. PZOS-43 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to the Council that the Land Use Table in KMC 14.22.010 be amended to allow retail businesses such as gift shops and coffee shops in the Education Zone as a secondary use. c. PZOS-45 -Conditional Use Permit for Restaurant and Catering for the property known as Lot 21, Block 5, Original Townsite of Kenai (512 Upland Street), Kenai, Alaska, Application submitted by Sandra Vozar, 1000 Mission Avenue #100, Kenai, Alaska. d. PZOS-46 - An application to rezone the property known as a Portion of Government Lot 4 - TOSN, R10W, S06 (That Ptn of Gov. Lot 4 Begin at NW Corner of GL 4TH East 547.10 Ft to a Point of Intersection with Centerline of Kenai Spur Highway Th S 24 Deg 23'30" E along Centerline of Hwy 609.3$ Ft Th N 65 Deg 36'30" E 100 Ft to Point on Eas}, 5648 Kenai Spur Highway, from Rural Residential to General Commercial. Application submitted by Jay T. and William A. Snow, 5648 Kenai Spur Highway, Kenai, Alaska. 6. OLD BUSINESS: } 7. NEW BUSINESS: S. 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 Hamrnelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. {Tabled until brought back by Administration.) 9. CODE ENFORCEMENT: a. Code Enforcement Report 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Building Permits Report b. Planning & Zoning Resolutions Report c. "Zoning Bulletin" -June 25, 2005 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Work Session Immediately Following Regular Meeting -Development of a Mixed Use Overlay Zone -Discussion CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JULY 27, 2005 - 7:04 P.M. CHAIR JOHN HAMMELMAN, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Hammelman called the meeting to order at 7:05 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: N. Amen, J. Harnmelman, P. Bryson, J. Twait, B. Eldridge (arrived at 7:35 pm) Commissioners absent: J. Barrett, C. Glick Others present: Councilman Ross, City Planner Kebschull, and Contract Secretary B. Raper; A quorum was present. 1-b. Agenda Approval The following information was requested to be added to the packet: ADD TO: Item 5-c, Vozar Conditional Use Permit Application, Letter Memorandum from Kenaitze Indian Tribe LR.A. MOTION: Commissioner Bryson MOVED to approve the agenda adding the lay down item provided before the meeting. Commissioner Twait SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Amen MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Twait SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- July 13, 2005 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4-a. PZ05-47 -Preliminary Plat -Enders Subdivision (A replat of Government Lot 105 within the SE 1 / 4 Section 34, T6N, R 1 I W) . Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. City Planner Kebschull explained the following: • The plat subdivides property to create three parcels. • The resulting parcels meet lot size requirements for the zone. • Water and sewer are available. • An installation agreement will not be required. • Staff recommends approval with stipulations the street name is corrected from Kiana Street to Kiana Lane and that plat note #4 is removed. VOTE: Eldrid a Absent Amen Yes Barrett Absent Glick Absent Hammelman Yes B son Yes Twait Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5-a. PZ05-42 - A resolution of the Planning and Zoning Commission of the City of Kenai Alaska recommending to the Council that the Land Use Table in KMC 14.22.010 be amended to add a footnote to the Conservation Zone Land Use Table to allow seasonal and temporary food service as an allowed use. City Planner Kebschull explained the following: • The resoolution recamrnends to Council the Land Use Table in KMC 14.22.010 be amended to add a footnote to the Conservation Zone Land Use Table to allow seasonal and temporary food service as an allowed use. • Staff recommends approval. Chairman Hammelrnan opened the public hearing. Kristine Schmidt, 513 Ash Avenue, Kenai, Alaska - Ms. Schmidt noted the following: • Concern there was no information in the packet explaining the reason for the amendment to the Land Use Table. • Concern with attempts to change the zoning code for one project instead of figuring out how the project could fit within the current zoning code. PLANNING 8s ZONING COMMISSION MEETING JULY 27, 2005 PAGE 2 • Concern there will be permanent seasonal retail use in a conservation zone and felt that would defeat the purpose of a conservation zone. Ms. Schmidt thought the portion used for retail use should be put into a more appropriate zone. ~ Concern the duration of six months was too much time for seasonal or temporary use. Public hearing was closed. MOTION: Commissioner Amen MOVED to approve PZ05-42 and changing the duration from six months to four months. Commissioner Bryson SECONDED the motion. Commissioner Bryson noted the following: • There needs to be some differentiation within the Conservation Zone for different areas in the City; the food vendors may be appropriate for a few weekends on the beach but not in other areas. • Having the City bid for only one vendor is an uncomfortable situation. • Vendors would need permission from the City to sell on conservation lands and there will be question on how one person could be allowed and another rejected. City Planner Kebschull responded that vendors would be allowed to sell in conservation zones within the City with a special permit. Amen expressed concern with the increase of trash, etc., and stated, he expects the select activity to be policed and managed well and that four months be the maximum for the permit. He added, he thought it would make good sense to have a trial basis for a particular vendor or organization. Chairman Hammelman asked if the permit would contain speck stipulations which would address trash, etc. and Kebschull responded staff would create all stipulations which would include insurance requirements. Bryson noted the resolution did not provide any flexibility for limiting use through approved vendors and asked if the resolution was the appropriate place for that wording. Kebschull stated she didn't think the wording was necessary as one cannot do something on another's property without permission and in this case it is the City. -- once the City grants permission, then a review of the type of stipulations would be required. VOTE: Eldrid a Absent Amen Yes Barrett Absent Glick Absent Hammelman Yes B son Yes Twait Ye s PLANNING & ZONING COMMISSION MEETING JULY 27, 2005 PAGE 3 MOTION PASSED UNANIMOUSLY. 5-b. PZ05-43 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending to the Council that the Land Use Table in KMC 14.22.010 be amended to allow retail businesses such as gift shops and coffee shops in the Education Zone as a secondary use. City Planner Kebschull explained the following: • The resolution recommends to Council an amendment to the Kenai Zoning Code Land Use Table in KMC 14.22.010 to allow retail businesses such as gift shops and coffee shops in the Education Zone as a secondary use. • Land uses allowed in the Education Zone such as schools, museums, parks and recreations, and government buildings often have retail operations in them. • Such secondary uses are traditionally associated with such buildings and would not detract from the purposes of the Education Zone. • Staff recommended approval. Hammelman opened the public hearing. There were no comments and the public hearing was closed. MOTION: Commissioner Twait MOVED to approve PZ05-43 adding staff recommendations. Commissioner Bryson SECONDED the motion. Bryson asked if all education zone properties in the City was public property and Kebschull replied they are -- the City, State and University. VOTE: Eidrid e Absent Arnen Yes Barrett Absent Glick Absent Hammelman Yes B son Yes Twait Yes MOTION PASSED UNANIMOUSLY. 5-c. PZ05-45 -Conditional Use Permit for Restaurant and Catering for the property known as Lot 21, Block 5, Original Townsite of Kenai (512 Upland Street), Kenai, Alaska. Application submitted by Sandra Vozar, 1000 Mission Avenue # 100, Kenai, Alaska. City Planner Kebschull explained the following: • The application is for a Conditional Use Permit for restaurant and catering for the property known as Lot 2I, Block 5 iri the Original Townsite of Kenai. • The zoning code for the Historic District requires restaurants to have a PLANNING 8v ZONING COMMISSION MEETING JULY 27, 2005 PAGE 4 conditional use and when reviewed, it was to ensure that not only the integrity of the zone was maintained but also to ensure that due to the lot size that all other development requirements are met. • If the Conditional Use Permit is granted, and because it is in a Historic Zone, the use will come back to the Commission for the development phase. The Commission will then review the actual plan and because it is commercial, a landscape site plan and parking requirements, etc., will also be reviewed. • The Commission is tasked to specifically determine if a Conditional Use Permit is appropriate to the proposed use. • The conceptual drawing provided by the applicant was explained, It was noted the apartment on the tap is a permitted use and the sleeping quarters, even though they are not specified what they are. She added, hotels, motels and cabin rentals are a permitted in historic zones. • This is a nonconforming lot but the code allows for nonconforming lots to be developed as long as development requirements are met. • Staff recommends approval as it appears the proposed restaurant meets the criteria for a conditional use permit. If the permit is approved, the development will be reviewed under criteria listed in KMC 14.20.105. Hammelrnan noted the lay down provided prior the meeting and opened the public hearing. Rosalie Tepp, Tribal Chairperson for Kenaitze Indian Tribe, Kenai, Alaska -- Ms. Tepp read a memo addressed to the City of Kenai Planning & Zoning Commission and opposing the granting of a conditional use permit for Lot 21, Block 5. Hammelrnan reminded the audience the Commission would only determine whether or not the Conditional Use Permit could be applied to the property. Alexandra Lindgren, Director Kenaitze Indian Tribe Cultural and Educational Department Director -- Ms. Lindgren noted the following: • -Her family has called 01d Towne Kenai home for many generations. • She has worked for the Tribe far 13 years and during that time has worked with the City on projects directly associated with or located in Old Towne. The projects required a major commitment of tribal staff time and resources. • The results of the projects enhanced the historic character of Old Towne and gives visitors an opportunity to experience and appreciate their history and the proposed restaurant structure would not. • She hoped the City would stand by the commitment made years ago to preserve the flavor and history of Old Towne. Amen asked what Ms. Lindgren's opinion was of the Old Towne restaurant. Ms. Lindgren replied she testi#ied against it. Commissioner Eldridge arrived at 7:35 p.m. PLANNING & ZONING COMMISSION MEETING JULY 27, 2005 PAGE 5 Bonnie Juliussen, 1306 Castaway, Kenai, Alaska - Ms. Juliussen noted the following: • She is the Elder Program Director for Kenaitze Indian Tribe. • The Elder Program recently purchased the Old Towne Restaurant. • She asked the next step if the Conditional Use Permit would be granted and if the City planned to develop the road, including upgrading and paving. • She asked what direction Upland Road would go and whether or not the City plans to survey. • Expressed concern with parking and traffic as there are elders walking around the area. Amen asked Juliussen what she considered the best use for the property and Juliussen replied it could be just lawn or perhaps hold a monument for Kenatize Indian Tribe people. Stan Mishin, Kenaitze Indian Tribe, Kenai, Alaska - Mr. Mishin noted the following: • The decision making should be made up front rather than after the Conditional Use Permit is granted. • The proposed project is in direct violation of the City's zoning code with regard to the lot width requirement. • The proposed project would require a variance. • The minimum number of parking spaces as defined by the Code is not met in the conceptual drawing. • The road shown on the map is nothing more than a dirt trail and asked if the City would be investing in the area before issuing a permit. Sandra Vozar, Kenai, Alaska - Ms. Vozar noted the following: • Confirmed the Commission would only determine whether or not a conditional use permit is possible at this time. • The drawing provided in the packet is a general concept and she intended to have professional plans drawn up but didn't want the additional, expense if a Conditional Use Permit was not possible. • The lot is l l inches too short and she would have it surveyed to assure the setback requirements are met. • The road is being used and has been for thirty years. • No parking was allowed for in the rear alley but it could be used. • She would appreciate the Commission approving the Conditional Use Permit. Kristine Schmidt, 513 Ash, Kenai, Alaska - Ms. Schmidt noted the following: • She disagreed with the statement the Commission couldn't look at the building design because the front page of the staff report stated they would be reviewing whether or not the use is consistent with the purpose of the chapter. • The comments made are appropriate. Public hearing was closed. PLANNING 8v ZONING COMMISSION MEETING JULY 27, 2005 PAGE 6 MOTION: Commissioner Amen MOVED to approve PZO5-45 adding the Kenaitze Indian Tribe memorandum and Commissioner Eldridge SECONDED the motion. Amen asked to review the color aerial photo of the area and Vozar provided a copy for review and becoming a part of the meeting packet. Bryson noted three issues with the permit procedure: • Conforming to the Townsite Historic Zone requirements. • Relaxation of lot restrictions that are created by zoning ordinance which requires a variance. • Conditional use for a specific use, and in this case it was clear the stated use was a 40-seat, 330' x 71' building as presented. • The conditional use may be appropriate for the use; the variance is appropriate for the relaxation of lot restriction issues. Amen asked staff to expand on the 50' width versus the code requirement and Kebschull explained zoning codes allow far nonconforming uses of lots and structures that exist at the time the Code was adopted. This Code was adopted in 1984 and the lot was plotted long before the lot size restrictions were posted. As a result, this nonconforming lot can be used as long as it meets all other restrictions. Commissioner Eldridge expressed concern with the parking and stated he did not feel there was enough space for a restaurant. Bryson noted a recreational vehicle would not fit properly in the proposed parking area. Kebschull noted there is a provision in the Code that states if there isn't sufficient parking, public parking within 300 feet of the business may be used. Eldridge noted a smaller structure would fit better on the lot. AMENDED MOTION: Commissioner Eldridge MOVED to amend the main motion by adding that the plan as submitted is not acceptable and a revised plan would have to be made before proceeding with the restaurant construction. Commissioner Twait SECONDED the motion. VOTE ON AMENDED MOTION: Eldrid a Yes Amen Yes Barrett Absent Glick Absent Hammelman Yes B son Yes Twait Yes MOTION PASSED UNANIMOUSLY. PLANNING 8s ZONING COMMISSION MEETING JULY 27, 2005 PAGE 7 1 VOTE ON MAIN AMENDED MOTION: Eldrid a Yes Amen Yes Barrett Absent Glick Absent Hammelman Yes B son Yes Twait Yes MOTION PASSED UNANIMOUSLY. Hammelman explained the 15-day appeal process. COMMISSION BREAK: 8:10 P.M. BACK TO ORDER: 8:15 P.M. 5-d. PZ05-46 - An application to rezone the property known as a Portion of Government Lot 4 -- T05N, R10W, S06 (That Ptn of Gov. Lot 4 Begin at NW Corner of GL 4TH East 547.10 Ft to a Point of Intersection with Centerline of Kenai Spur Highway Th S 24 Deg 23'30" E along Centerline of Hwy 609.38 Ft Th N 65 Deg 36'30" E 100 Ft to Point on Easy, 5648 Kenai Spur Highway, from Rural Residential to General Commercial. Application submitted by Jay T. and William A. Snow, 5648 Kenai Spur Highway, Kenai, Alaska City Planner Kebschull noted the following: + The property legal description was included on the application. • The parcel fronts the Kenai Spur Highway and is accessed from the highway. • The property abuts up to a similar zoned property which is general commercial. The rezone meets the requirements of the Code. The residential use would be allowed to continue but would not be increased. Staff recommended the rezone be approved. Hammelman opened the public hearing. Bob Holt, 245 Fireweed, Kenai, Alaska -- Mr. Holt noted the following: • He is against the rezone. • He is concerned with the lack of planning in the area. • He lives and has his business ira Thompson Park which is zoned commercial. His property is directly across from the property proposed to be rezoned. Thompson envisioned 'mom and pop' operations in the area and not car lots. • He is concerned with vehicles being parking in the right of ways. PLANNING & ZONING COMMISSION MEETING JULY 27, 2005 PAGE $ Michael Rowden, 5615 Kenai Spur Highway, Kenai, Alaska _ Mr. Rowden noted the following: • He is against the proposed car lot as it would not be conducive to the area. allowed. He is concerned with parking vehicles on the right of ways. Requested limits and restrictions be placed should the business be Kevin Daniels, 5688 Kenai Spur Highway, Kenai, Alaska - Mr. Daniels noted the following: • The property is nat conducive to the type of business proposed. • He built a fence to obscure his view of it. • Vehicles will impede vision when entering the Spur Highway or his driveway. He was concerned junked vehicles would be left in the area. William Snow, Kenai, Alaska - Mr. Snow noted the following: • He is not in the car business and would be out of it within the next month or so. • It had always been his intention to transfer the property to commercial and build accordingly. Bryson asked Snow if the lot was 150 x 300 feet and Snow stated he thought that it was close. The public hearing was closed. MOTION: Commissioner Amen MOVED to approve PZ05-46 and Commissioner Eldridge SECONDED the motion. Discussion followed and the comments included: • The rezoning goes against the Comprehensive Plan. • The property should remain rural residential. • The legal description came from the Borough records and the scale lot appears to be 150 x 300 feet. • This is a 'metes and bounds' description that would go around the property and describe the distances. • There are only three dimensions an the description and none of the three appear to be compatible with the lot. • The description may not be able to be used. Hammelrnan stated he thought the area along the Kenai Spur Highway was a good place for a business, however, not necessarily this one but the lot has good access. He questioned the change if the applicant was only going to be in business for a month. PLANNING & ZONING COMMISSION MEETING JULY 27, 2005 PAGE 9 City Planner Kebschull responded by stating this was the first she had heard the business would be short term. Kebschull added, if the business is short term, the City could and has worked with individuals by setting timelines. It was noted that option would be better than a rezone. VOTE: Eldrid a No Amen No Barrett Absent Glick Absent Hammelman No B son No Twait No MOTION FAILED UNANIMOUSLY. Hammelrnan explained the 15-day appeal process. ITEM 6: OLD BUSINESS -~ None. ITEM 7: ITEM 8: -- None. 8-a. PZ05-16 -- 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, Alaska. (Tabled until brought back by Administration. ) No action. ITEM 9: CODE ENFORCEMENT 9-a. Code Enforcement Report -- It was noted the code enforcement report was included in the packet. ITEM 10: REPORTS 10-a. City Council -Councilman Ross provided a reported based on actions taken at the July 20, 2005 City Council meeting. 10-b. Borough Planning -Commissioner Bryson provided a report on action taken at the July 18, 2005 Borough Planning meeting. i0-c. Administration -Kebschull reported the following: • Discussed the information items included in the packet. • She will not be present at the August 10 meeting. PLANNING & ZONING COMMISSION MEETING JULY 27, 2005 PAGE 10 • Discussed action taken at the July 26~ Airport Commission work session with the consultant. Discussion followed and the comments included: • The consultant suggested a new body be created to deal with airport activity. • Councilman Ross explained the group would consist of airport experts. • It is difficult for Airport officials to understand the concept of an airport that is a department of a City. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. Building Permits Report 12.b. Planning and Zoning Resolutions Report 12.c. "Zoning Bulletin" -June 25, 2005 ITEM 13: COMMISSION COMMENTS 8s .QUESTIONS Hammelman reported he would not be present at the August 10 meeting. ITEM 14: MOTION: Commissioner Eldridge MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were na objections. SO ORDERED. The meeting adjourned at approximately 9:05 p.m. Minutes transcribe d prepared by: C.~ d Barbara Roper, Co tr ct Secretary PLANNING 8v ZONING COMMISSION MEETING JULY 27, 2005 PAGE 1 i