Loading...
HomeMy WebLinkAbout2006-01-11 Planning & Zoning Minutes,~ ... CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS January 11, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Election of Chair & Vice Chair c. Agenda Approval d. 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. *December 14, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ06-03 -Preliminary Plat -Baron Park 2005 Replat. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: a. PZ06-01 - An application to rezone parcels located between Ross Street & North Fern Street as shown on Attachment A (on file) from Rural Residential and General Commercial to Limited Commercial. Application submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. b. PZ06-02 - An application for a Conditional Use Permit for cabin rentals (short-term .rentals) and guide service for the property described as Lot 6, Block 6, Valhalla Heights Subdivision Part 5 (160 Richfield Drive), Kenai, Alaska. Application submitted by Larry R. Carlson d/b/a Larry's Guide Service, 160 Richfield Drive, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. *PZ06-04 -Application for a home occupation permit for a daycare for the property known as Lot 4, Block 9 Mommsens Subdivision Replat of Addition #1 & #2, (1106 First Street), Kenai, Alaska. Application submitted by Charlotte M. Yamada, 1106 First Street, Kenai, Alaska. ~, ~ b. Amendment to Land Use Table -Footnote 10 - Discussion/Set Public Hearing 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 - Property Maintenance Ordinance - Amendment to Land Use Table -Footnote 19 -Status 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Board of Adjustment Decision of Debbie McKay -Case No. BA-OS-4 b. "Zoning Bulletin" -December 10, 2005 c. City of Kenai 2005 Building Permit Report d. City of Kenai 2005 Planning & Zoning Resolutions Report 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Work Session Immediately Following Regular Meeting -Development of a Mixed Use Overlay Zone -Discussion CITY OF KENAI j PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JANUARY 11, 2006 - 7:00 P.M. VICE CHAIR NELSON AMEN, PRESIDING MINUTES ITEM 1: CALL TO ORDER Vice Chair Amen called the meeting to order at 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: B. Eldridge, N. Amen, J. Twait, P. Bryson Commissioners absent: L. Chase Others present: Council Member Ross, City Planner Kebschull, Department Assistant Carver, and Contract Secretary B. Roper A quorum was present. 1-b. Election of Chair and Vice Chair MOTION: Commissioner Eldridge MOVED to nominate Nelson Amen as Chair of the Planning and Zoning Commission. Commissioner Bryson SECONDED the motion. VOTE: Eldrid e Yes Amen Yes B son Yes Chase Absent Twait Yes MOTION PASSED UNANIMOUSLY. MOTION: Commissioner Eldridge MOVED to nominate Phil Bryson as Vice Chair of the Planning and Zoning Commission. Commissioner Twait SECONDED the motion. VOTE: Eldrid e Yes Amen Yes B son Yes Chase Absent Twait Yes > MOTION PASSED UNANIMOUSLY. ~~ 1-c. Agenda Approval The following items were requested to add to the packet: Item 5-a -- Comments from Dale & Shirley Johnson Item 12-e -- Commissioner Hammelman's Resignation MOTION: Commissioner Eldridge MOVED to approve the agenda adding the lay down items provided before the meeting and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- December 14, 2005 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4-a. P206-03 -Preliminary Plat/Baron Park 2005 Re-plat. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. City Planner Kebschull explained the following: • If approved the plat would remove lot lines to create one large parcel from three parcels resulting in Tract 1 containing approximately 38.224 acres. • The plat would also vacate the Cricket Drive right-of--way and replace it with a 60-foot utility easement. • A ten-foot utility easement is being vacated along the previous lot line between Lot 1 and Tract C. • The resulting lot size would meet the requirements for the Light Industrial zone. Public water and sewer service is available. The City of Kenai is the owner of the parcel. Discussion followed, including the following comments: • Commissioner Bryson commented he felt the easement was initially required by Homer Electric. PLANNING 8~ ZONING COMMISSION MEETING JANUARY 11, 2006 PAGE 2 • Creating a single large tract was logical and would meet the requirements ) for the lessee's needs. • The re-plat indicated a vacation, however the vacation process would require separate action at the Borough .level and if approved, would return to the City Council for review. • A vacation requires a plat and the submittal would allow the vacation process to begin. Commissioner Eldridge expressed concern regarding the vacation of the right-of--way on Cricket Drive noting the State could be hard-nosed about requiring access; stated concerned the owner may not realize the potential problem; stated he understood it was re-plat but when the vacation came through, he would need to hear from the owners or lessee the right-of--way was not needed. Kebschull gave assurance City administration had taken the issue into consideration. VOTE: Eldrid e Yes Amen Yes B son Yes Chase Absent Twait Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5-a. PZ06-O1 - An application to rezone parcels located between Ross Street 8v North Fern Street as shown on Attachment A (on file) from Rural Residential and General Commercial to Limited Commercial. Application submitted by John Hammelman, Chair, Planning 8s Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. Kebschull reviewed the staff report included in the packet which provided a history of the rezone attempt in the area. The following items were also noted: • The area being considered includes parcels currently zoned Rural Residential and General Commercial. • The proposed zone of Limited Commercial would allow a mixture of residential and commercial uses. • The Limited Commercial Zone was established to provide transition areas between commercial and residential districts by allowing low to medium volume business and had strict development criteria to limit the size of structures as well as landscaping with separation between uses. • The City Engineer indicated Kenai Spur Highway access could become an issue with high density of small lots, however most commercial uses that could generate high traffic volume require condition use and access should be reviewed during the conditional use process. • Staff recommended approval of the rezone. PLANNING & ZONING COMMISSION MEETING JANUARY 11, 2006 PAGE 3 ~~ Chairman Amen opened the public hearing at 7:25 p.m. MOTION: Commissioner MOVED to approve PZ06-03 and Commissioner Bryson SECONDED the motion. Merry Zumwalt, 640 Tern Place, Kenai, Alaska - Ms. Zumwalt noted she is not directly affected by the proposal, she could not find any definition of Limited Commercial zone in the City's website and, she was hesitant until she learned what the zone would entail. Kebschull explained where to find the definition on the City's website, read it into the record, and stated the closest example she could give of a Limited Commercial Zone would be the area in Soldotna near the hospital where the previous residential homes were being renovated to become doctor's offices, etc. Joseph Frank, 450 Phillips, Kenai, Alaska -- Mr. Frank noted the following: • He has lived at his address for 27+ years and raised three children there. • He enjoys his beautiful neighborhood and did not want that disturbed by looking at a business in his backyard. • Expressed concern with wetland drainage and stated he felt the lots in the area too small to accommodate a business. • Traffic safety is an issue too because there had already been many accidents, near-misses and fatalities. • Requested the Commission to consider the statements and asked if the rezone was approved, would the construction company proposed by the Snow's be allowed. Kebschull explained the type of business proposed by the Snow's would not be allowed under the Limited Commercial Zone. Charles Phillips, 310 Phillips Drive, Kenai, Alaska -- Mr. Phillips stated there was some controversy in the staff report and asked if the property the Snow's wanted to rezone was already zoned Rural Residential and General Commercial. Kebschull stated the lot was zoned Rural Residential. Mr. Phillips indicated he was not for the rezone and did not think it a good idea. Thomas Rhyner, 505 Robin Drive, Kenai, Alaska - Mr. Rhyner noted the following: • His lot would be affected by the rezone (he purchased his home in 1982 and since then there had been three or four other homes built on the cul-de-sac). • He sent the City an email basically stating the bike path was recently completed to provide a safe means of bike, foot and other non-motorized travel and to allow business traffic across the path from a 55 mph highway would be courting disaster. PLANNING 8v ZONING COMMISSION MEETING JANUARY 11, 2006 PAGE 4 -1 • Expressed concern with where the City's water and sewer service ended I and noted his lot did not have that service. • Some newly established commercial businesses may have high water volume use or could deal with gas products which can pollute the ground water. • Motorized off-road vehicles may end up using the bike trail if businesses are allowed to build on the north side of the Spur Highway. • He did not support the idea and felt it a lawsuit waiting to happen. Shirley Johnson, Kenai, Alaska -- Mrs. Johnson stated her residence as Fern Street and had already sent the City a letter regarding the rezone. Johnson asked if someone built on the lot in front of hers, would the City maintain her road; if so, then it would cost the City a lot of money. Johnson stated her strong opposition to the rezone. Jim Montgomery, 535 Wortham Avenue, Kenai, Alaska -- Mr. Montgomery noted the following: • His property is situated just off of Ross Street and back in behind the area affected by the rezone. • He believes the rezone a bad idea with the current road and noted that during the fall construction, traffic was backed up quite a distance and it is difficult to get out on the Spur Highway right now. • Expressed concern with the fact there is no water or sewer in the area and fears disposal issues from businesses as well as concern related to contamination of water wells from businesses that may go in there. He is definitely against the rezone. April Falk, 561 Wortham Avenue, Kenai, Alaska -- Ms. Falk noted the following: • Her property abuts the large parcel from Ross on the opposite side of Thompson Park. • She has been at her property since 2003 and the rezone did not matter to her. • She feels the area is changing anyway and other businesses may stop the illegal snow machine and four-wheeler traffic. • She is open to the rezone and feels the City of Kenai could use new businesses. • Suggested the type of allowable businesses be clearly outlined to alleviate any concerns other neighbors may have. Don Pearce, 155 Richfield Drive, Kenai, Alaska -- Mr. Pearce stated the comment made earlier about the zoning was contradictive as it would not allow commercial lots, car dealerships or repair facilities, however a transmission shop is currently in the area. Pearce asked if that business would be allowed to continue and Kebschull explained the Land Use Table and noted it lists the permitted uses in the zones within the City of Kenai, the transmission shop is a nonconforming use, meaning it may continue, and, if the Snow transmission business leaves the property, a new transmission business could not go in. Pearce stated he would not have an issue if PLANNING & ZONING COMMISSION MEETING JANUARY 11, 2006 PAGE 5 the businesses would not create excess traffic, however expressed concern with the \) traffic on the highway and stated he would not want to see traffic lights go in. Commissioner Bryson clarified that if a business is non-conforming and they discontinued operation their approval would lapse. However, if the business would be sold to another individual then, the use would continue as anon-conforming use. Joseph Frank, Kenai, Alaska -- Frank asked why the City wanted to go through the entire stretch of the Spur Highway rather than just where the non-compliance commercial buildings exist. Frank noted, only residential homes existed from the One Stop on. Alan Bryant, 4380 Eagle Rock Road, Kenai, Alaska -- Mr. Bryant stated all the lots in his area as residential except for the one straight across from Eagle Rock. Bryant asked why the area was suddenly deemed a commercial area when it was already residential by nature. Bryant also asked what affect the rezone would have on tax revenue on his lot. Kebschull replied, in the past when the Borough's Assessment Office was asked this question they could not respond. However, some of those lots zoned General Commercial are viewed as residential lots. Tom Rhyner, Kenai, Alaska -- Mr. Rhyner noted the area known as Sungate Park Subdivision has covenants and if the rezone is approved, would that mean the City would negate the covenants having to do with residential housing. Kebschull explained, the City does not enforce or recognize covenants. Rhyner asked if they would have to hire a lawyer and sue the City and Kebschull replied, covenants are specifically for owners in the subdivision and the City does not enforce them. Ryhner asked why the City would rezone something that would go against their covenants. Kebschull replied, the covenants are not recognized. Chairman Amen closed the public hearing at 7:55 p.m. Eldridge noted the following: • The reason for the Limited Commercial Zone was to put a buffer between a commercial development and a residential development and still allow residential use of those properties. • One concern was the potential development of strip malls along the Spur Highway and the new zone would limit the size of a structure and require a buffer between residential neighbors. • The new zone would assure the Spur Highway to be more attractive. • DOT has plans to make the highway four lanes between Sport Lake Road and Swires Road within the next two years. Bryson noted, frontage lots and those along Fireweed by Thompson Park are zoned Commercial and because only four Commission members were present, one vote would defeat the issue. PLANNING 8~ ZONING COMMISSION MEETING JANUARY 11, 2006 PAGE 6 -- Amen asked staff about the road maintenance and snow removal issue raised by a resident and Kebschull explained, the City will not be responsible and anyone purchasing a lot would be responsible for road maintenance. Bryson asked if that answer was specific to Shirley Johnson's question and if the road was private or in a right-of--way. Kebschull replied, the answer was in response to Mrs. Johnson's question and the road is on a dedicated right-of--way. Eldridge suggested the lots off Eagle Rock Drive, Sandpiper Lane and Robin Drive where there are specific residential areas, should perhaps remain residential and not be rezoned. Amen expressed desire for postponing the issue when a full Commission would be present and explained the reason to the public. MOTION: Commissioner Bryson MOVED to postpone PZ06-01 and Commissioner Twait SECONDED the motion. VOTE: Eldrid e Yes Amen Yes B son Yes Chase Absent Twait Yes MOTION PASSED UNANIMOUSLY. Amen explained the appeal process noting anyone wishing to appeal the decision could do so in writing within 15 days to the City Clerk. Kebschull advised that the City will re-advertise and new notices will be sent out when the issue is once again before the Commission. 5-a. PZ06-02 - An application for a Conditional Use Permit for cabin rentals (short-term rentals) and guide service for the property described as Lot 6, Block 6, Valhalla Heights Subdivision Part 5 (160 Richfield Drive), Kenai, Alaska. Application submitted by Larry R. Carlson d/b/a Larry's Guide Service, 160 Richfield Drive, Kenai, Alaska. Kebschull noted the following: • The applicant is applying for a Conditional Use Permit to offer lodging during the months of May, June and July in conjunction with a guide service. • The home may be rented during other months for special events. • The City received a complaint from a neighbor in the area advising they thought the owners of the property were operating a guide business and a bed and breakfast. • A letter was sent to the registered owner advising that zoning required a Conditional Use Permit to operate a business from that property. PLANNING 8v ZONING COMMISSION MEETING JANUARY 11, 2006 PAGE 7 ,- ~~ • Ms. Wendy Goodloe (Mr. Carlson's wife) called and said they met clients J at the location and stored boats there. Ms. Goodloe was provided with information on the process for applying for a Conditional Use Permit. • Because guests are met at the location for the guiding business, the applicant should also apply for a permit to operate a guide service. Goodloe noted they normally operate out of Deep Creek in May and then Poachers Cove in June and July. The boat is stored at the Richfield address during the off-season. • The list of items the Commission must determine along with staff input was provided in the packet. • The City Engineer noted parking, snow storage, boat storage, etc., was adequate, however the applicant must assure compliance with ADEC regulations for on-site water supply and wastewater disposal. • Staff recommends approval with the requirements of submitting a State of Alaska Business License and compliance with KPB sales and property tax requirements; provide proof of a fire inspection; and, provide a copy of tenant rules that limit activities of guests to those consistent with residential areas. Amen pointed out an error on the as-built survey, i.e., the lot in question is Lot 6 and the lot on the left should be Lot 5. Kebschull confirmed that it was. Commissioner Twait MOVED to approve PZ06-02 to include staff recommendations. Commissioner Bryson SECONDED the motion. Chairman Amen opened the public hearing. Loretta Pearce, 155 Richfield, Kenai, Alaska -- Mrs. Pearce noted the following: • She felt her neighborhood was under siege with the rezone issue and this application for the Conditional Use Permit. • She lives directly across from the property and has had many people on occasion come to her for assistance, including jumping vehicles, phone usage, etc. • Guests cut through her property to take firewood, leave trash at the mailboxes, and have even left fish hanging on her door inviting bears to her property. • Stated her concern the individuals do not follow the rules and the type of persons who may rent the house are not known which could be a pedophile. • Expressed concern for her children's safety and traffic issues. Don Pearce, 155 Richfield, Kenai, Alaska -- Mr. Pearce noted his concerns as follows: Safety of their neighborhood and his children. Increased traffic -- there are several vehicles parked in the road by the mailboxes. • The guests leave trash and beer cans in the area and do not clean up after themselves. PLANNING 8s ZONING COMMISSION MEETING JANUARY 11, 2006 PAGE 8 • The bear problem is of major concern and Fish 8s Game have set traps in his property. • They do not know the people who will rent the house which could include pedophiles or crooks. • He does not want a commercial fishing operation across the street from his house because of his children and dogs. Joseph Frank, 450 Phillips, Kenai, Alaska -- Mr. Frank stated his grandchildren play in the lot owned by his daughter which is adjacent to the applicants lot; the guests complained the kids who were playing in their own yard were too noisy; the owners do not care about the place; and, he is against the application. Sharell Russell, 4220 N. Dogwood, Kenai, Alaska -- Ms. Russell noted the following: • She was in when Capt. Bligh wanted to do cabin rentals and he has since sold his business. • Asked if the new owners would have to come back for a new Conditional Use Permit and Kebschull responded, if the business was sold, the Conditional Use Permit could be transferred as long as the use remains the same. • She was really hoping to not have anymore guiding services in their private neighborhood and that type of business definitely affects the property values. • The guide clients fly down the roads creating a lot of dust and traffic hazards. She is very much against the application. Loretta Pearce, 155 Richfield, Kenai, Alaska -- Mrs. Pearce asked how the residents of the area would be notified if the application was approved or not approved and reported the guide service has campfires in their yard and fish cleaning takes place. Kebschull explained, if the Commission decides at this meeting Pearce would know the outcome and, regardless of how the Commission votes, there is a 15-day appeal process. If an appeal is filed, the neighbors would be notified. Chairman Amen closed the public hearing at 8:25 p.m. Bryson expressed concern with the bears noting that those types of businesses do attract them and, special, lock-in trash bins could be appropriate for these residential areas. Eldridge expressed concern for the neighborhood and noted he would not support the approval of the application. VOTE: Eldrid e No Amen No B son No Chase Absent Twait No MOTION UNANIMOUSLY FAILED. ITEM 6: OLD BUSINESS -- None. PLANNING 8s ZONING COMMISSION MEETING JANUARY 11, 2006 PAGE 9 ITEM 7: 7-a. PZ06-04 -Application for a home occupation permit for a daycare for the property known as Lot 4, Block 9 Mommsen Subdivision Replat of Addition # 1 8s #2, (1106 First Street), Kenai, Alaska. Application submitted by Charlotte M. Yamada, 1106 First Street, Kenai, Alaska. Approved by consent agenda. 7-b. Discussion/Set Public Hearing -- Amendment to Land Use Table - Footnote 10. Kebschull referred to a memorandum regarding the Land Use Table and Footnote 10 included in the packet. She explained: • When reviewing the Land Use Table, it was noted that churches are permitted in several zones, some with Footnote 10. • The table is inconsistent in that it requires the footnote for the General and Central Commercial zones but not the Limited Commercial zone. Churches are conditional in the industrial zones. • The City Attorney recommends an amendment to provide consistency in the commercial zones. • The Commission may want to consider removing the conditional use requirement in the Light Industrial zone since this zone is located similarly to the General Commercial zone. After general discussion, the Commission's consensus was to schedule a public hearing to amend the Land Use Table and remove Footnote 10 from the General Commercial and Central Commercial zones, and to remove the conditional use requirement from the Light Industrial zone. ITEM 8: PENDING ITEMS 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 8v Zoning ITEM 9: CODE ENFORCEMENT -- None. ITEM 10: REPORTS 10-a. City Council -- Council Member Ross noted the action agenda for the January 4 meeting was included in the packet. 10-b. Borough Planning -- Commissioner Bryson provided a brief report on PLANNING & ZONING COMMISSION MEETING JANUARY 11, 2006 PAGE 10 action taken at the December 12, 2005 and January 9, 2006 Borough Planning meetings. 10-c. Administration -- Kebschull reported the following: • Discussion was held regarding a Property Maintenance Ordinance which would dictate how vacant buildings are maintained in the City of Kenai. It was noted that several of these items are covered in the Universal Building Code. These relevant items will be pulled from the Building Code and once a decision is made on how to proceed the issue will come before the Commission for a public hearing. • The amendment to the Land Use Table, Footnote 19 will be on the agenda as a public hearing at the next Planning & Zoning meeting. ITEM 12: INFORMATION ITEMS 12-a. Board of Adjustment Decision of Debbie McKay -Case No. BA-05-4 12-b. "Zoning Bulletin" -December 10, 2005 12-c. City of Kenai 2005 Building Permit Report 12-d. City of Kenai 2005 Planning & Zoning Resolutions Report ITEM 13: COMMISSION COMMENTS & QUESTIONS Commissioner Eldridge stated he felt consideration should be given to not rezoning the residential areas at Eagle Rock and Robin Drive. ITEM 14: ADJOURNMENT MOTION: Commissioner Eldridge MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:40 p.m. Minutes transcribed and prepared by: Barbara Roper, ontract Secretary PLANNING 8s ZONING COMMISSION MEETING JANUARY 11, 2006 PAGE 11