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HomeMy WebLinkAbout2005-09-14 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS September 14, 2005 - 7:00 p.m. 1. CALL TO ORDER: a. RoI1 Cail 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. *August 24, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: S. PUBLIC HEARINGS: a. PZOS-53 - An application to rezone the properties known as Tract A and Tract B, Gusty Subdivision Addition No. 2 (11663 and 11631 Kenai Spur Highway), Kenai, Alaska from Conservation to General Commercial. Application submitted by Charles M. Kopp, Acting City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. b. PZOS-54 - An application to amend Conditional Use Permit PZOS-27 to allow construction of 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. Nyce, Aurora Investments, Inc., P.O. Box 401, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. Tideland Application for Shore Fishery - Discussion/Recommendation b. Commission/Committee/Board Meeting Schedules - 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, Alaska. (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. FY 2006 Alaska Designated Legislative Grants b. Zoning Bulletin (8110105& 8/25/05) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Work Session Immediately Fallowing Regular Meeting --Development of a Mixed Use Overlay Zone -Discussion CITY OF I{ENAI 1 PLANNING 8a ZONING COMMISSION CITY COUNCIL CHAMBERS SEPTEMBER I4, 2005 - 7:00 P,M. CHAIR JOHN HAMMELMAN, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Hammelrnan called the meeting to order at approximately 7:04 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: C. Glick, J. Hammelman, P. Bryson, J. Twait, B. Eldridge, N. Amen Commissioners absent: J. Barrett Others present: City Planner M. Kebschull, City Clerk Freas, Department Assistant N. Carver, Council Member J. Butler 1-b. Agenda Approval MOTION: Commissioner Eldridge MOVED for approval of the agenda with the addition of a boundary map to Item S-a. Commissioner Bryson SECONDED the motion. Commissioner Eldridge requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. 1-c. Consent Agenda Hammelman referred to a memorandum included in the packet from City Planner Kebschull noting a request for a change to the minutes from Cliff Baker of Integrity Surveyors. Harnmelman requested to discuss the matter as Item 7-c. The Commission stated no objections. ITEM 2: Moved to Item 7-c. ITEM 3• IEM 4: ~TFM !~~ APPROVAL OF MINUTES -- August 24, 2005 SCHEDULED PUBLIC COMMENT -- None. CONSIDERATION OF PLATS -- None. PUBLIC HEARINGS } 5-a. PZ05-53 - An application to rezone the properties known as Tract A and Tract B, Gusty Subdivision Addition No. 2 (11663 and 11631 Kenai Spur l Highway), Kenai, Alaska from Conservation to General Commercial. J Application submitted by Charles M. Kopp, Acting City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. City Planner Kebschull reviewed the staff report included in the packet. She noted: • The property is currently zoned Conservation and the request is to rezone it to General Commercial. • The property is located on the Spur Highway adjacent to properties currently zoned General Commercial and Historic Townsite. • The requested rezone meets the criteria for a rezone. • Research of the records indicated the properties had been zoned Conservation before 1984 (original zoning) and continued after the city took over zoning. • According to the boundary map (added at the beginning of the meeting), initially when the city properties were zoned, the majority of the property around the airport was zoned Conservation. At that time, airports were an allowed use in reference to the Conservation zone. • There is some interest in possible development of the property. • It does not appear the properties need to be maintained as Conservation and their being zoned as General Commercial would be the best use of the properties. Acting City Manager Chuck Kopp -- Kopp noted the following: • Explained the need for the rezone was brought to attention as a result of increased business interest in purchasing property in the commercial district of the city. • There is now a land use constriction along the Spur Highway and as a result, the city has been analyzing properties that would otherwise be available for business development. • City records indicate the property was included in the old airport runway (should be boundary). • The properties are surrounded by commercial properties and would be a good possibility for a future business development. • The city is always interested in offering more opportunity to be available for businesses in the city and was why the rezone was proposed to the Commission. Discussion followed in which Commissioner Bryson asked if there had been a electrical substation on the narrow tract at one time. Kopp indicated the following: • There had been at one time. • Although the substation had been removed, there were some remnants still there. • It was no longer an active substation. • The property was probably leased to Kenai Electric originally and then toward Homer Electric Association. There being no one else from the public to offer comments, the public hearing was closed. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 2 MOTION: 1 Commissioner Eldridge MOVED to approve PZ05-53, an application to rezone the properties known as Tract A and Tract B, Gusty Subdivision Addition No. 2 (11663 and 11631 Kenai Spur Highway), Kenai, Alaska from Conservation to General Commercial. Commissioner Twait SECONDED the motion. Commissioner Glick asked if there was any change of their being any PGB spilled on the property since it was once used as an electrical substation. Kebschull stated, that type of investigation would take place after the rezone is approved and if there is interest for purchase or development of the properties. Bryson asked if the intent of the motion was to recommend to council the rezone be approved. Eldridge indicated yes. VOTE: Glick Yes Hammelrnan Yes B son Yes Twait Yes Eldrid e Yes Amen Yes Barrett Absent MOTION PASSED UNANIMOUSLY. 5-b. PZ05-54 - An application to amend Conditional Use Permit PZOS-27 to allow construction of 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. Nyce, Aurora Investments, Inc., P.O. Box 401, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting: • The Commission held a public hearing and approved a Conditional Use Permit on May 25, 2005 to allow the placement of a Connex storage building to be placed at 807 Peninsula Avenue. • During the public hearing, it was noted the resolution indicated "storage" while the application specified a "Connex." • Staff indicated the application was always considered as the development proposal • The issue was not clarified at the time. • The applicant has stated desire to place a Connex or construct a building, though they may find it more desirable to build a storage unit. • Staff recommended approval. • KMC 14.20.150(h) allows for modification of final approval -- the application was basically the same as the original except the applicant would like the opportunity to construct a storage building or use a Connex. Mark Schrag, Apartment Manager -- Stated he was available for questions of the Commission. There were no questions. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 3 There being no one else wishing to speak on the issue, the public hearing was closed. MOTION: Commissioner Arnen MOVED far approval of PZO5-54 and Commissioner Bryson SECONDED the motion. There was no further discussion. VOTE: Glick Yes Hammelman Yes B son Yes Twait Yes Eldrid a Yes Amen Yes Barrett Absent MOTION PASSED UNANIMOUSLY. ITEM fi: OLD BUSINESS -- None. ITEM 7: NEW BUSINESS 7-a. Discussion/Recommendation -- Tideland Application for Shore Fishery Kebschull reviewed the K. Howard memorandum included in the packet which explained Ted J. Crookston requested the city to begin the process to allow for a shore fishery lease. A map was included showing the boundary in which the location of the area proposed to be leased. Kebschull also noted, the issue had been brought to the Harbor Commission at their September meeting and was now before the Planning 8v Zoning Commission as required by code. The question before the Commission was whether it approved the concept of leasing. If council determined to proceed with the leasing process, the lease would be brought forward to the Commission at a future date. Eldridge reported the Harbor Commission reviewed the applicatian and recommended going forward with the leasing process. Ted Crookston -- Crookston explained he had been fishing in the area for many years and this year was the first he was aware some of the area in which he was fishing was city water. His other sites are within the State water area. Crookston added, he wanted to proceed with the process to formalize his ability to fish the city area, Crookston also explained mare particularly the location of the site. MOTION: Commissioner Eldridge MOVED to recommend the city proceed with the necessary steps to put the area under lease as an offshore fishing area. Commissioner Twait SECONDED the motion. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 4 Bryson asked what advantage leasing of the area would be to the city and Kebschull responded, the lease payment to the city would be $300 a year. VOTE: Glick Yes Harnrneiman Yes B son Yes Twait Yes Eldrid a Yes Amen Yes Barrett Absent MOTION PASSED UNANIMOUSLY. 7-b. Discussion~Recornmendation -- Commission/Committee/Board Meeting Schedules Kebschull referred to City Clerk Freas' memorandum, included in the packet, which indicated problems arising with some of the city's commissions, committees and boards related to attendance; lack of quorum achievement; costs, including staff time and postage, etc. and requested suggestions from the members as to what might help in encouraging better attendance, etc. City Clerk Freas noted, the council recognizes the value of participation from the volunteers who make up the memberships, but problems with attendance impacts the city from costs of postage, costs of staff time involved in preparation of packets of information, collecting packet information, meeting attendance, etc., but more importantly, the impact to the members who do attend and there's not a quorum and the public who may be attending for consideration of an issue and receives no direction because of the lack of a quorum. City Council Member Butler reviewed the intentions of the council in collecting suggestions from the different commissions/committees and boards to consider in possibly amending the code related to the current membership standards, etc. He noted, he was a proponent of what makes the most sense, which could include combining groups that have connections, i.e. Harbor/Airport, Parks/Beautification, etc. in, order to maximize the efforts and make sure the public is well represented. Butler noted, because of statute mandates, the Planning & Zoning Commission was different, but council still wanted their input as to thoughts and ideas of what might make the process work better. A lengthy discussion took place in which comments included: • The quorum concerns have not been from the Planning & Zoning Commission. • Have bi-monthly meetings. • The public impact is the driver far attendance and the feeling of accomplishment when the member leaves the meeting. ~ Cancel meetings if there are no agenda items. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE S • Combine commissions/committees that have similarities, i.e. Parks & Recreation with Beautification, Harbor Commission with Airport Commission, etc. • Make sure the public feels acommission/committee meeting is something they want to come to arad participate in the public process. • Earlier meetings, i.e. 6:00 p.m. or 6:30 p.m. • Change the number of members to the commission (seven to five) . • Appoint alternates to the commission/committee who may participate as a voting member if needed to make the quorum required. • Have seasonal meetings. • Because there are different legal requirements/responsibilities for the commissions/committees, they cannot be evaluated with the same criteria. • Be sure a council member is in attendance of meetings. • Hold joint meetings of commissions/committees when issues are of importance to two or more groups. • Consider teleconferencing ability. • Allow excused absences. • Change the day of to better accommodate meeting participation. • Expand the responsibilities of the Planning & Zoning Commission {beautification/landscaping, etc.) • Provide subcommittees to commissions (currently Beautification to Parks & Recreation) . • Offer a stipend. • If combining the Harbor and Airport Commissions, perhaps it should be anine-member roster. 7-c. Approval of August 24, 2005 Meeting Minutes Kebschull reviewed her memorandum included in the packet, noting she received a request from Cliff Baker of Integrity Surveys asking to have the minutes changed to clarify discussion on Resolution PZ05-52. Specifically, to change "The plat would vacate a 33-foot right-fo-way easement and replace it with a 30-foot uility easement" to state "The plat vacates a 33-foot right-of--way easement on Government Lots 94 and I05 and creates a 15-foot utility easement on both lots." MOTION: Commissioner Bryson MOVED to approve the minutes of August 24, 2005 and Commissioner Eldridge SECONDED the motion. Bryson stated he felt the Commission should first request City Clerk Freas to review the minutes and confirm they were correctly written and they would remain the official minutes is no change is made. Separate from that, if there's a recommendation from staff that 15-foot easement be provided on each of the lots, they might provide a clarifying statement and the Commission could either concur or not concur with the intent of the statement, i.e. a letter in the record. MOTION TO AMEND: PLANNING 8~ ZONING COMMISSION MEETING SEPTEMBER I4, 2005 PAGE 5 Commissioner Bryson MOVED to add an amendment concerning the intent of staff s recommendation on the location of the proposed utility easements and Commissioner Eldridge SECONDED the motion. VOTE ON THE AMENDMENT: Glick Yes Harnmelman Yes B son Yes Twait Yes Eldrid a Yes Amen Yes Barrett Absent MOTION PASSED UNANIMOUSLY. Kebschull noted, it was not a recommendation from staff as the plat the reviewed actually showed a 33' foot vacation on both sides of the lot line and replacing it with a 15' utility easement. The request for clarification was made by Baker. Bryson asked why the surveyor had an issue with the minutes if he provided a document depicting the vacation and easements. Kebschull stated she was not aware, but plat shows the easements and it was part of the record. She also noted, the Planning & Zoning Commission is advisory (on this issue) and the vacation will come back to council for approval (the plat, for some reason, was forwarded for review prior to the vacation, which is not the normal process). Bryson stated, it would make it very easy for the staff to provide the document presented by the surveyor and depict it as the intent of the motion. VOTE ON MAIN AMENDED MOTION: Glick Yes Hammelman Yes B son Yes Twait Yes Eldrid e Yes Amen Yes Barrett Absent MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS 8-a. PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access RoadJ, from suburban residential, to general commercial. Application submitted by Jahn Hammelman, Chair, Planning 8v Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled until brought back by Administration.) No action. ITEM 9: CODE ENFORCEMENT -- None. PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 7 ITEM 10: REPORTS 10-a. City Council -- Butler noted the following: • With the upcoming election, it was not known whether he would be returning as a council member, but he appreciated what the Commission does. There is a regular interest on behalf of the Mayor, Council and administration to look ahead to where the future of the city is going. He hoped the momentum would continue but not get ahead of itself. • The Commission has been well-represented by Council Member Moore. 10-b. Borough Planning -- Bryson gave a brief overview of actions taken at the September 12, 2005 Borough Planning Commission meeting. 10-c. Administration -- Kebschull reported the following: • A public hearing on the proposed Daubenspeck property rezone was scheduled for the Commission's next meeting. • An application for a building permit for the remodel of the Old Town Family Restaurant was received on behalf of the Kenaitze Indian Tribe. She explained, because the Commission was designated with the Historic District Board's responsibilities upon the sunset of the Board, and because the code requires modification of buildings in the Townsite Historic Zone to be reviewed, it would be before the Commission at their next meeting. • A copy of the 2006 Designated Legislative Grants was included in the packet for the Commission's information. • Administration is developing a Capital Improvement Project (CIP) Program and the Commission will be involved in the process. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. FY 2006 Alaska Designated Legislative Grants 12-b. Zoning Bulletin (8/ 10/05& 8/25/05} ITEM 13: COMMISSION COMMENTS 8s QUESTIONS Eldridge reported he would be out of the area for the next several months and would like to be able to continue to serve on the Commission. He also suggested the city needs to look at where arterial streets should go and where to extend water/sewer lines. He added, he felt it appropriate for the Commission to be involved in the capital improvement project list development. ITEM 14: ADJOURNMENT MOTION: PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 8 1 Coxn.missioner Bryson MOVED to adjourn and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:18 p.rn. Minutes transcribed and prepared by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING SEPTEMBER 14, 2005 PAGE 9