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HomeMy WebLinkAbout2005-12-14 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS December 14, 2005 - 7:00 p.m. 1. CALL TO ORDER: a, Roll CaII 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. *November 9, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZOS-65-An application for a variance from the development requirements for maximum height for the property known as Tract A, Papa Joe's Subdivision, Chumley Replat (9520 Kenai Spur Highway), Kenai, Alaska. Application submitted by Kenai Church of God & Klauder & Company, 606 Fetersen Way, Kenai, Alaska. b. PZOS-66 - An application for an Encroachment Permit for a side yard setback far the property known as Lot S, Block 1, Thompson Park Subdivision (150 Fern Street), Kenai, Alaska. Application submitted by Bruce Passe, F.O. Box 2558, Soldotna, Alaska. 6. OLD BUSINESS: a. Board of Adjustment Decision--Snow -Remand to Commission --Discussion 7. NEW BUSINESS: a. *PZOS-63 -Application for a home occupation permit for a daycare for the property known as Lot 4, Block 1, Three W's Subdivision Amended {550 Wortham Avenue), Kenai, Alaska. Application submitted by Patsy A. Easling, 550 Wortharn Avenue, Kenai, Alaska. b. PZOS-64 (PZ99-06}---A request for transfer of Conditional Use Permit PZ99-Ob (Storage Yard) from Beaver Loop Partnership to Nabors Alaska Drilling, Inc. for the property described as Tract B, BLP Subdivision (1755 Cone Avenue), Kenai, Alaska. Transfer requested by Nabors Alaska Drilling, Inc., 2525 C St., Suite 200, Anchorage, Alaska. c. *PZOS-67 -Application for a home occupation permit for a daycare for the property known as Lot 33, Block 1, Redoubt Terrace Subdivision (1612 Tanaga Avenue), Kenai, Alaska. Application submitted by Jan Stiers, 1612 Tanaga Avenue, Kenai, Alaska. d. PZOS-69 {PZOS-06~A request for transfer of Conditional Use Permit PZ05-06 (Meal ~ Preparation Business) The Family Table from Cheney McLennan to Laura L. Ganshow for the property described as KN T06N R11W S 34 NW1/4 SW1/4 SW1/4 NE1/4 (601 Davidson Street}, Kenai, Alaska. Transfer requested by Laura L. Ganshow, 405 Birch Street, Kenai, Alaska. e. Lease Application, Lot 3, Block 5, Coak Inlet Industrial Air Park -Ronald J. Johnson d/b/a Kenai Mini Storage & Rentals, Inc. -Discussion and Recommendation £ Tidelands Lease Application -City of Kenai Shore Fishery No. 2 -Discussion and Recommendation g. Land Use Table -Footnote 19 -Code Amendment -Discussion 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} 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS; a. Zoning Bulletin (10110105 & 10125105) 13. COMMISSION COMMENTS & QUESTIONS; 14. ADJOURNMENT: CITY OF KENAI PLANNING 8a ZONING COMMISSION CITY COUNCIL CHAMBERS DECEMBER I4, 2005 - 7:00 P.M. GHAIR JOHN HAMMELMAN, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Hammelman called the meeting to order at 7:00 p.rn. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: B. Eldridge, N. Arnen, R. Lawrence, J. Hammelman, L. Chase Commissioners absent: J. Twait, P. Bryson Others present: Councilman Ross, City Planner Kebschull, Department Assistant Carver, and Contract Secretary B. Roper; A quorum was present. Z-b. Agenda Approval Chairman Hamrnelman noted the lay downs provided before the meeting. They were: ADD: 7-e Memo from Rebecca Cronkhi#e, Airport Manager 7-f Letter from Ted Crookston MOTION: Cornrnissioner Eldridge MOVED to approve the agenda adding the lay down items provided before the meeting. Commissioner Chase SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Amen MOVED to approve the consent agenda with Item 2-a removed and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- November 9, 2005 Commissioner Amen noted on page 7 he was referred to as Commissioner Nelson or Nelson and requested it be changed to Commissioner Arnen. MOTION: Commissioner Amen MOVED to approve the minutes of November 9~ with the requested corrections. Commissioner Eldridge SECONDED the motion. There were no objections. 30 ORDERED ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS 5-a. PZ05-65 -- An application for a variance from the development requirements for maximum height for the property known as Tract A, Papa Joe's Subdivision, Chumley Replat (9520 Kenai Spur Highway), Kenai, Alaska. Application submitted by Kenai Church of God 8v Klauder 8v Company, 506 Petersen Way, Kenai, Alaska. City Planner Kebschull reviewed the staff report included in the packet and noted the following: • The Building Official determined the cross was not considered a structure and should not be considered as part of the height of the building. The Commission must decide whether they are in agreement with the Building Official. • If the Commission disagreed an additional variance of 12"4" would be required; making the total variance 18'8". • Staff recommended approval of a variance for the height of 7' to allow far minor deviations from the design during construction. Commission Lawrence abstained from voting due to his employment with Klauder and Company. Chairman Hammelman opened the public hearing. There were no comments and the public hearing was closed. MOTION: Commissioner Eldridge MOVED to recommend a variance of 19' to include the cross in the height of the structure as illustrated in the drawing. Commissioner Chase SECONDED the motion. Kebschull noted the Building Official would not consider the cross as part of the structure when issuing a building permit. PLANNING 8v ZONING COMMISSION MEETING DECEMBER 14, 2005 PAGE 2 Commissioner Amen asked the height of Kenai Central High School and Kebschull reported the auditorium as 50' and the Multipurpose Facility as 35'. Kebschull also noted, to protect the Commission's decision she recommended it be noted that it be based on the drawings as submitted. Eldridge, who made the motion and Commissioner Chase, the second, agreed to include that information as part of the motion. VOTE: Twait Absent Eldrid a Yes Arnen Yes Lawrence Abstain Hamrnelrnan Yes B son Absent Chase Yes MOTION PASSED UNANIMOUSLY. Hamrnelman explained the appeal process noting anyone wishing to appeal the decision could do so in writing within 15 days to the City Clerk. 5-a. PZ05-66 -- An application for an Encroachment Permit for a side yard setback for the property known as Lot 5, Block 1, Thompson Park Subdivision (150 Fern Street), Kenai, Alaska. Application submitted by Bruce Passe, P.O. Box 255$, Soldotna, Alaska. Kebschull noted the following: • The applicant applied for a variance in 2002 to construct a garage with storage space above the garage into the side yard setback. It was noted in the public hearing the structure would be used for a garage and storage space. The building permit was issued for the same. • In September 2005 the Building Official was requested to conduct a final inspection at the request of the applicant. During the inspection the Building Official discovered an apartment had been built in the area designated as storage. The Building Official also noted the garage/apartment structure was not attached to the dwelling as noted on the plans. • The applicant received a letter advising he was in violation of the City's zoning and building codes by constructing the apartment without the required permits. He was also notified he would be required to pay additional residential water and sewer monthly fees. It was also noted the breezeway had not been constructed. • The applicant was now applying for an encroachment permit for the garage/apartment; the applicant indicated it was his intent to complete the breezeway; the zoning code requires a minimum of six feet between structures; and, without the breezeway, an additional encroachment permit would be required. PLANNING 8v ZONING COMMISSION MEETING DECEMBER 14, 2005 PAGE 3 • Staff recommended approval with the stipulation the breezeway be completed no later than June 1, 2006. Staff also recommended no encroachment permit be issued until the construction of the breezeway was completed and approved by the Building Official. Hammelman opened the public hearing. There were no comments and the public hearing was closed. MOTION: Commissioner Amen MOVED to approve PZ05-6b to include both recommendations of staff and Commissioner Lawrence SECONDED the motion. Discussion followed during which included the fallowing comments: • There had been no feedback from neighbors other than one response which resulted in no concerns after the City explained the situation. • This was a situation where one was well aware of the requirements to build a structure and the applicant basically said one thing and did another and it was a situation where the Commission should be watching what goes on in the City and should not allow people to push the law like this. • The City's hands tied as the construction was already completed and suggested those individuals who do not follow the rules be deterred with a fine. • Documentation of what transpired previously could be found in the staff report of the 2002 meeting, in the minutes of that meeting, and the building permit was issued for agarage/storage. • No occupancy permit was issued because the City could not give one as long as a zoning violation existed. • The penalty of taking advantage of the code would not be to not deny the application, but should be in the recommendations attached to it; the applicant could be given one more chance to meet the requirements; and, no one in the area complained about the issue. • It was significant the adjoining property owner did not have a problem with the issue. VOTE: Twait Absent Eldrid e Yes Amen No Lawrence Yes Hammelman Yes B son Absent Chase Yes MOTION PASSED. Hammelman explained the appeal process. PLANNING 8v ZONING COMMISSION MEETING DECEMBER 14, 2005 PAGE ~ ITEM 6: OLD BUSINESS 6-a. Discussion -- Board of Adjustment Decision/Snow -- Remand to Commission Kebschull referred to the memo included in the packet regarding a possible rezone on a section of the Kenai Spur Highway and stated the Board of Adjustment asked if the Commission would consider whether or not the area should be rezoned. Kebschull stated the Department included the area from Ross Road to Fern Street and sent notices to the affected property owners asking whether they would be interested in a rezone of the area. Four responses were received, three of which stated favor of a rezone. Kebschull noted, the Commission would need to decide whether to proceed with a public hearing. After a brief discussion on buffers and landscaping requirements, the Commission directed staff to schedule a public hearing. ITEM 7: NEW BUSINESS 7-a. PZ05-63 -- Application for a home occupation permit for a daycare far the property known as Lot 4, Block 1, Three W's Subdivision Amended (550 Wortham Avenue), Kenai, Alaska. Application submitted by Patsy A. Easling, 550 Wortham Avenue, Kenai, Alaska. Approved by consent agenda. 7-b. PZ05-64 (PZ99-06~ -- A request for transfer of Conditional Use Permit PZ99-06 (Storage Yard) from Beaver Loop Partnership to Nabors Alaska Drilling, Inc. for the property described as Tract B, BLP Subdivision (1755 Cone Avenue), Kenai, Alaska. Transfer requested by Nabors Alaska Drilling, Inc., 2525 C St., Suite 200, Anchorage, Alaska. Kebschull reported the following: • Nabors Alaska Drilling, Inc. purchased the property from Beaver Loop Partnership. • Nabors leased the property from Beaver Loop Partnership since 1992. • Nabors had been and would continue use as currently allowed under Conditional Use Permit PZ99-06. • Staff recommended approval as Nabors was in compliance and must follow KMC 14.20.158. MOTION: PLANNING & ZONING COMMISSION MEETING DECEMBER 14, 2005 PAGE 5 Commissioner Eldridge MOVED to approve PZ05-64 and Commissioner Amen SECONDED the motion. VOTE: Twait Absent Eldrid a Yes Amen Yes Lawrence Yes Hammelman Yes B son Absent Chase Yes MOTION PASSED UNANIMOUSLY. 7-c. PZ05-67 -- Application for a home occupation permit for a daycare for the property known as Lot 33, Block 1, Redoubt Terrace Subdivision (1 b 12 Tanaga Avenue), Kenai, Alaska. Application submitted by Jan Stiers, 1612 Tanaga Avenue, Kenai, Alaska. Approved by consent agenda. 7-d. PZ05-69 ~PZ05-06) -- A request for transfer of Conditional Use Permit PZ05-06 (Meal Preparation Business) The Family Table from Cheney McLennan to Laura L. Ganshow for the property described as KN T06N R11W S 34 NW1/4 SW1/4 SW1/4 NE1/4 (601 Davidson Street), Kenai, Alaska. Transfer requested by Laura L. Ganshow, 405 Birch Street, Kenai, Alaska. Kebschull explained the request for transfer, noting it met all the requirements and staff recommended approval. Commissioner Chase stated a conflict of interest and requested to abstain from voting. There were no objections. VOTE: Twait Absent Eldrid a Yes Amen Yes Lawrence Yes Hammelman Yes B son Absent Chase Abstain MOTION PASSED UNANIMOUSLY. 7-e. Discussion/Recommendation -- Lease Application, Lot 3, Block 5, Cook Inlet Industrial Air Park/Ronald J. Johnson d/b/a Kenai Mini Storage & Rentals, Inc. PLANNING & ZONING COMMISSION MEETING DECEMBER 14, 2005 PAGE 6 Kebschull reviewed the materials included in the packet and discussion followed whether the lease application met the requirements of the Kenai Municipal Code, the Airport Master Plan, and the Comprehensive Plan. Kebschull reported, the Airport Commission reviewed the lease and in doing so considered four questions: • Does the use comply with the Airport Master Plan? The Airport Commission determined fhe use was non-aviation related and did not comply with the 2005 Master Plan Update. • Does the lease comply with the airport land use plan and the airport layout plan? The Airport Commission determined the use did not comply with the 2005 Land Use Diagram as the Diagram designated the area fox aviation use. • Those two items related to the proposed Airport Supplement Plan which had not yet been approved. • Should an interim use be allowed? The Airport Commission determined yes. Kebschull reported a lengthy debate was held by the Airport Commission on the interim time and use and they decided to recommend a 12.5 year lease with no option to purchase; suggested the lease include an improved landscaping of the current lot, including a buffer hedge on the side street property and similar landscaping on the new development; and, recommended the landscape requirements be part of the Lease. Kebschull presented a list of questions to the Planning & Zoning Commission to be considered and a determination made. They were: 1. Did the Commission find the intended use complies with the zoning ordinance? Answer: Yes 2. Did the Commission fmd the intended use complied with the Comprehensive Plan? Answer: No 3. Did the Commission fmd the application as complete? Answer: No. 4. Did the Commission find the proposed use as the highest and best use far the property? Answer: Yes, in the interim until the Airport use is identified. 5. Did the Commission find the intended use would conform to the current Airport Master Plan? Answer: Yes 6. Did the Commission find the parcel located in the proposed Airport Reserve? Answer: Yes. 7. Did the Commission find the proposed use met the land use identified in the Airport Supplemental Planning Assessment? Answer: No. 8. Did the Commission find the interim use appropriate? Answer: Yes 9. Did the Commission fmd the lease should limit the time for the interim use? Answer: Yes. 10. Did the Commission fmd the lease should allow the property to be sold? Answer: No. PLANNING 8~ ZONING COMMISSION MEETING DECEMBER 14, 2005 PAGE 7 Kebschull stated she would provide a memo to Kim Howard regarding the Commission's comments on the subject and it would be forwarded to the City Council. 7-f. Discussion/Recommendation -- Tidelands Lease Application -City of Kenai Shore Fishery No. 2. Kebschull explained, the City Code directs the Commission to determine that a contemplated use falls within that permitted under the zoning ordinance. As noted, the City does not zone the waters within the City of Kenai, however she believed it was reasonable to assume that if it were zoned, fishing would be a permitted use; the Cook Inlet is not zoned; parcels only go out so far then there is no parcel base for that land; and, the lease applicant was also concerned about not being in attendance. MOTION: Commissioner Eldridge MOVED to approve the lease application citing that the City already leases waters forward of this parcel. Commissioner Lawrence SECONDED the motion. Hammelman referred to the question whether or not the Planning 8s Zoning Commission determines whether the contemplated use falls within the permitted under the zoning ordinance, and stated it did not. Following discussion, Kebschull suggested the Commission say it meets the zoning ordinance because it was not land, fishing is traditionally a permitted use within the waters, and the Commission requests the City Attorney to review the section of the code. WITHDRAWAL OF MOTION: Eldridge withdrew his motion to approve the lease application. MOTION: Commissioner Amen MOVED that the Planning & Zoning Commission fords the contemplated use is permitted under the zoning ordinance; because the property is not zoned and fishing is traditionally permitted use in that area; and the Commission requests the City Attorney to review that section of the Code. Commissioner Eldridge SECONDED the motion. VOTE: Twait Absent Eldrid a Yes Amen Yes Lawrence Yes Hammelman Yes B son Absent Chase Yes PLANNING & ZONING COMMISSION MEETING DECEMBER 14, 2005 PAGE S MOTION PASSED UNANIMOUSLY. 7.g. Discussion -- Land Use Table, Footnote 19/Code Amendment Kebschull explained the Code amendment and stated the footnote in question prohibited same uses. She requested the Commission to consider amending the Land Use Table to remove the footnote. Kebschull added each case would still be considered individually. After discussion it was determined a public hearing should be scheduled. ITEM 8: PENDING ITEMS -- None. ITEM 9: CODE ENFORCEMENT ITEM 10: REPORTS 10-a. City Council -- Council Member Ross noted the agendas for Council's November 15 and December 7 meetings were included in the packet.. 10-b. Borough Planning -- No report. It was noted the agendas for the November 14th, November 28th, and December 12th meetings were included in the packet. 10-c. Administration -- Kebschull reported the following: • Referred to a memo included in the packet which was received from the Kenai Peninsula Borough Attorney's Office regarding disqualification far bias of a planning commissioner. • The second meeting in March may need to be cancelled or the location changed due to potential elevator renovation in City Hall. The request to cancel would only be if there is no business. ITEM 12: INFORMATION ITEMS 12-a. Zoning Bulletin (10/10/05 & 10/25/05) ITEM 13 : COMMISSION COMMENTS & UESTIONS No comments. ITEM 14: ADJOURNMENT MOTION: PLANNING & ZONING COMMISSION MEETING DECEMBER 14, 2005 PAGE 9 Commissioner Eldridge MOVED to adjourn and Commissioner Chase SECONDED the motion. There were no objections. 30 ORDERED, The meeting adjourned at approximately 8:20 p.m. Minutes transcribed and prepared by: Barbara Roper, Con ac Secretary PLANNING & ZONING COMMISSION MEETING DECEMBER 14, 2005 PAGE 10