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HomeMy WebLinkAbout2006-01-25 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS January 25, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Swearing in of New Commissioners 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. *January 11, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ06-OS - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended by eliminating from the Kenai Zoning Code Land Use Table (KMC 14.22.010) Footnote 19 that requires some conditional uses in the Rural Residential 1 and Suburban Residential zones to have ingress and egress to the Kenai Spur Highway. b. PZ06-06 - An application for an Encroachment Permit for a side yard setback for the property known as Lot 9A, VIP Park Estates -Alexander Replat (2655 Watergate Way), Kenai, Alaska. Application submitted by Richard Alexander, 2655 Watergate Way, Kenai, Alaska. c. PZ06-07 - An application to rezone a portion of Tract A-1B Petersen Subdivision Addition No. 3 (606 Petersen Way), Kenai, Alaska, from Conservation to Historic Townsite. Application submitted by Peter Klauder, 606 Petersen Way, Kenai, Alaska. d. PZ06-08-An application for a Conditional Use Permit for an Off-Site Catering Business for the property described as KN T06N R11W S 34 NW1/4 SW1/4 SW1/4 NE1/4 (601 Davidson Street), Kenai, Alaska. Application submitted by Robin BeDunnah dba as Heavenly Delights, P.O. Box 2676, Kenai, Alaska. 6. OLD BUSINESS: a. PZ06-O1 - 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. (Postponed from 1/11/06.) 7. NEW BUSINESS: a. Lease Application - Lounsbury and Associates, Inc. on Behalf of Lowe's HIW, Inc. - Lots A-1 & A-2, Baron Park No. 6 -Discussion and Recommendation. b. Annual Report -Extraction of Natural Resources -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: a. 2005 Code Violations Summary 10. REPORTS: a. City Council b. Borough Planning c. Administration (i.) 2005 Yearly Conditional Use Permit Report 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Reappointment letters -Commissioner Amen, Commissioner Eldridge, and Commissioner Twait b. "Zoning Bulletin" -December 24, 2005 c. Planning & Zoning Commission Roster 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 JANUARY 25, 2006 - ?:00 P.M. CHAIR NELSON AMEN, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Amen called the meeting to order at 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: J. Twait, N. Amen, P. Bryson, L. Chase, B. Eldridge Others present: Council Member Ross, City Planner Kebschull, Department Assistant Carver, Building Official Springer, Scott Romain, and Contract Secretary B. Roper A quorum was present. 1-b. Swearing in of New Commissioner City Planner Kebschull administered the oath of office for newly appointed Commissioner Scott Romain. Commissioner Romain took his seat on the dais. 1-c. Agenda Approval The following items were added to the agenda: Item 5-b -- Comments from Leslie and Betty Strickler Comments from Irving and Randi Smith Item 5-d -- Letter from D. Cheney McLennan regarding sublease for Heavenly Delights Letter from Robin BeDunnah requesting postponement of action until February 8, 2006. Item 6-a -- Comments from Mary Ellen Anderson Item ?-c -- P&Z Resolution amending KMC 14-20-290 -Appeals MOTION: Commissioner Eldridge MOVED to approve the agenda adding the additional 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 Eldridge 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 -- January 11, 2006 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS 5-a. PZ06-05 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended by eliminating from the Kenai Zoning Code Land Use Table (KMC 14.22.010) Footnote 19 that requires some conditional uses in the Rural Residential 1 and Suburban Residential zones to have ingress and egress to the Kenai Spur Highway. Kebschull reviewed the draft resolution included in the packet and provided further explanation for the purpose of removing Footnote 19. MOTION: Commissioner Bryson MOVED to approve PZ06-05 and Commissioner Eldridge SECONDED the motion. Chair Amen opened the public hearing. There were no comments and the public hearing was closed. Commissioner Eldridge noted the Depart of Transportation determines access from the Spur Highway and he believed the amendment appropriate. VOTE: Twait Yes Romain Yes Amen Yes B son Yes Chase Yes Eldrid e Yes \ PLANNING 8v ZONING COMMISSION JANUARY 25, 2006 PAGE 2 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. 5-b. PZ06-06 - An application for an Encroachment Permit for a side yard setback for the property known as Lot 9A, VIP Park Estates -Alexander Replat (2655 Watergate Way), Kenai, Alaska. Application submitted by Richard Alexander, 2655 Watergate Way, Kenai, Alaska. Amen reminded the Commission of the additional information included prior to the meeting for this item. Kebschull noted the following: • The application is for an encroachment permit for a side yard setback. In December, 2005 the Building Official noticed an addition to the house and a carport had been constructed without a permit. The applicant was notified of the violation. • During the application process, it was noted the carport was constructed into the side yard setback creating an approximate 11-foot encroachment. • The carport was built with wooden posts embedded in concrete. The distance of the post nearest to the property line is 3 ft. 2 in., however the encroachment is actually 11 ft. 10 in., which is larger than what the applicant shows on the application. • If the applicant had applied for a building permit, he would have been advised of the building setback. • Inasmuch as the carport does not seem to have affected the adjoining property owners, the encroachment seems excessive. • Staff recommended the request be denied. However, if approved, then staff recommended the following -- The permit be limited to the carport as constructed. -- No further construction on the structure be permitted, including additions that would increase the non-conformity of the structure. -- That the carport must be maintained as a carport and may not be enclosed as a garage or other residential structure. • Original photos are available for review. • Adjoining property owners, Leslie and Betty Strickler paid for a survey. MOTION: Commissioner Eldridge MOVED to approve PZ06-06 and Commissioner Romain SECONDED the motion. PLANNING & ZONING COMMISSION ~~ JANUARY 25, 2006 PAGE 3 Amen opened the public hearing at 7:10 p.m. Leslie Strickler, P.O. Box 2678, Kenai, Alaska -- Mr. Strickler noted the following: • He owns the property that is encroached upon. • Feels any further construction would take away from the appearance of his lot. • Mr. Alexander admitted to violating the setback requirements when he submitted the application. • Requested the Commission deny the application. Richard Alexander, 2655 Watergate Way, Kenai, Alaska -- Mr. Alexander noted the following: • He did build and noted that he got in a hurry. He had the paperwork for the permit but had limited time so went ahead with the project. • He turned the project just before he drilled the holes for the posts, which he admits if he had the permit he would have known he was encroaching. • He assumed the lot line at the far end was further away so he moved it too close. • He felt the view would not be changed if he moved the carport 11 feet. • He intends to add on to his home with a permit this summer and at the same time was planning to enclose the carport to make it look like the house. • He appreciates the permit if granted and was not sure what to do with the building if it would not be approved. With no additional comments, Amen closed the public hearing at 7:20 p.m. Commission reviewed the original photographs and discussion followed with comments including: • When asked if there were any other encroachments or variances granted for Mr. Alexander's property, Kebschull reported there were not. • If the application was denied, Alexander's option would be to file an appeal to City Council. If the application is denied at that level, the City would then require the structure to be moved. The lot on one side of Alexander is vacant and the Strickler's own the vacant lot. • Asked if there were any recent encroachments to this degree, Kebschull noted there had been some within five feet, however, with different zones there are different setbacks and the amount of encroachments vary. • Bryson noted there was one encroachment application denied when an adjoining property owner objected; Planning and Zoning approved the encroachment; the issue was appealed; the Commission's action was overturned. j PLANNING & ZONING COMMISSION ,/ JANUARY 25, 2006 PAGE 4 VOTE: Twait No Romain No Amen No B son No Chase No Eldrid e No MOTION UNANIMOUSLY FAILED. Amen explained the appeal process noting anyone wishing to appeal the decision could do so in writing within 15 days to the City Clerk. MOTION: Commissioner Bryson MOVED to recommend the findings of fact as stated by staff be attached to this item and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. 5-c. PZ06-07 -- An application to rezone a portion of Tract A-1B Petersen Subdivision Addition No. 3 (606 Petersen Way), Kenai, Alaska, from Conservation to Historic Townsite. Application submitted by Peter Klauder, 606 Petersen Way, Kenai, Alaska. Kebschull provided a brief summary of the purpose of the rezone application and noted the following: • The proposed rezone would eliminate a split zone situation; the area would be rezoned from Conservation to Townsite Historic. • The record was not clear why there is a split zone, but it may be the zones were delineated by the Spruce Street/Westward Street right-of--ways. • The applicant intends to continue to operate commercially and hopes to expand the use of the property. • All new development in the Townsite Historic Zone would be reviewed and approved to insure the integrity of the zone is maintained. • Staff recommended approval. MOTION: Commissioner Eldridge MOVED to approve PZ06-06 and Commissioner Romain SECONDED the motion. Amen opened the public hearing Father Thomas Andrew, Kenai Russian Orthodox Church, Kenai, Alaska -- Father Andrew noted the following: PLANNING & ZONING COMMISSION J JANUARY 25, 2006 PAGE 5 • He is not against development in Kenai, but was concerned further construction in Old Towne would take away from the Church and Chapel. • Noted visitors from all over visit the Church and Chapel. • Additional construction would change the scenery of Old Towne and the behavior would change. • Requested the Commission keep the area zoned Conservation. Peter Klauder, 606 Peterson Way, Kenai, Alaska -- Klauder stated the following: • He is the owner of the property with the split zone and runs an architectural firm from the location. • He values the tourists who visit as well as the history of Old Towne. • Noted the apartment buildings built in the area do not add to the flavor in Old Towne. • Shares the values and anything he would do on the site would reflect those values. • Development causes change and change will happen, whether it is a change for the better or worse. • He hopes that thoughtful development in the Old Towne district could be a positive thing for Kenai and the residents in the area. • Anything he chooses to do in the future on the site would have to be approved by the City of Kenai and the public would have an opportunity to comment at that time. • He will be respectful of the process. • When he purchased the property, he did not realize there was a split zone right through his building. • Appreciated the Commission's consideration. Bryson asked if the adjoining property, Lot 1-A, owned by Peter Mysing, also had a split zone lot and Kebschull confirmed that it was a split zone lot. Becky Tromblee, 510 Mission, Kenai, Alaska -- Tromblee stated the following: • She understands why the property has a split zone because of the bluff. • She is concerned about the bluff, even though it is not eroding at this area and at this time any construction or building may damage it. • There is a meandering stream through the flats which is an essential part of Old Towne and she does not want to see that disturbed. Requested the Conservation Zone remain in place. With no further comments, Amen closed the public hearing at 7:40 p.m. Commission discussion followed, including comments as follows: PLANNING 8v ZONING COMMISSION r~ JANUARY 25, 2006 PAGE 6 • Asked if staff would describe the area toward the Cook Inlet, the vegetation type and how active it is, Kebschull replied she did not have the expertise to do so. • Bryson stated he noted the bluff is not eroding and the present owners are careful not to impact the area. • Asked if the properties in that area are affected by the new overlay, Kebschull noted split lots would need to be considered when reviewing the overlay. • Because the bluff is vegetated and the drainage area is protected, Eldridge felt the bluff was not impacted by the Cook Inlet. VOTE: Twait Yes Romain Yes Amen Yes B son Yes Chase Yes Eldrid e 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. 5-b. P206-08 -- An application for a Conditional Use Permit for anOff--Site Catering Business for the property described as KN T06N R11W S 34 ~ NW 1 /4 SW 1 /4 SW 1 /4 NE 1 / 4 (601 Davidson Street), Kenai, Alaska. ~ Application submitted by Robin BeDunnah dba as Heavenly Delights, P.O. Box 2676, Kenai, Alaska. Kebschull explained the application is for a Conditional Use Permit and summarized the application process. The following was noted: • The applicant plans to operate her business at the location she leases from the Family Table. • The catering business will operate from this site, however, the catering will be done off-site. • Onsite activities would include delivery service and food preparation. • There will be minimal traffic and the applicant anticipates deliveries will be made once per week. • The business wherein clients came to the kitchen and prepared their own meals was sold and the permit transferred to the new owners. • The City has received no complaints from either type of business operating from this location and staff recommended approval. • The applicant provided a letter requesting the item be postponed until the next Planning and Zoning meeting on February 8, 2006. MOTION: PLANNING 8v ZONING COMMISSION JANUARY 25, 2006 PAGE 7 Commissioner Bryson MOVED to approve PZ06-O8 and Commissioner Eldridge SECONDED the motion. Amen opened the public hearing. April Fulk, Kenai, Alaska -- Fulk stated the following: • She is a friend of the applicant and has done catering for her. • She supports new business in the City of Kenai. • She did not realize the business was there for almost two years so has no problem with the new application. There were no further comments and the public hearing was closed. Bryson asked why the applicant request the issue be postponed until the next meeting. Kebschull explained, there was an issue with the sublease in that the City requires written permission from the owner. The written permission had not yet been received. MOTION: Commissioner Bryson MOVED to postpone PZ06-08 until the February 8, 2006 meeting and Commissioner Eldridge SECONDED the motion. VOTE: Twait Yes Romain Yes Amen Yes B son Yes Chase Yes Eldrid e Yes MOTION PASSED UNANIMOUSLY. J ITEM 6: OLD BUSINESS 6-a. PZ06-O1 -- An application to rezone parcels located between Ross Street 8s 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. (Postponed from 1/ 11/06.) Amen opened the meeting for additional public comment and noted the public testimony given at the last meeting was in text form and included in the meeting packet. PLANNING & ZONING COMMISSION JANUARY 25, 2006 PAGE 8 April Fulk, Kenai, Alaska -- Ftiilk stated she lives off of Ross Road and supports the zoning change. Kebschull reported she received verbal comments from residents regarding the proposed rezone: • Dorothy Bryant lives on Lupine and is against the rezone. She wanted to remind the Commission that her son, Alan Bryant testified at the last meeting and he remains in opposition. • Inez Zordell indicated she is in favor of the rezone. Bob Springer, City of Kenai Building Official -- Spring stated the proposed Limited Commercial Zone would make it more difficult to develop commercially. William Easling, Kenai, Alaska -- Easling stated he lives on Wortham and noted: • It may be more difficult to get an appropriate price for his residence if the rezone were approved. • He is concerned with his property value being diminished. • He is concerned with the potential noise from businesses that may go in the area. • He is concerned that should a commercial facility go in the area, it would go into the buffer zone. • He is concerned with increased traffic. Julia Slanoff, 535 Robin, Kenai, Alaska -- Slanoff stated the following: • She was not aware of the proposed rezone and is against it. • She does not want mused car lot in her area. • She believes commercial businesses would take away from the neighborhoods. Requested the Commission deny the rezone. Heath Fulk, Kenai, Alaska -- Fulk stated the following: • He is in favor of the rezone and felt that many of the individuals who are speaking against it do not understand exactly what the Limited Commercial Zone would allow with regard to businesses. • Noted mechanic shops and auto sales would not be allowed; he asked if hair salons would. Kebschull replied the new zone prohibits auto sales and car lots. She added, hair salons could be classified as personal services and would be allowed under the new zone. Did not think businesses such as a hair salon would increase traffic already in the area. Public hearing for additional comments was closed. PLANNING & ZONING COMMISSION JANUARY 25, 2006 PAGE 9 Bryson indicated he would lean strongly toward deleting Sungate Subdivision from the proposed rezone. Bryson indicated another problem area was Thompson Place which is residential and zoned commercial. MOTION TO AMEND: Commissioner Bryson MOVED to delete Sungate Subdivision from the proposed rezone which would include 500, 505, 615, and down; basically Shell Drive south and only on that side of the highway. Tracts 5040 and 5168 on the other side of the highway will remain Rural Residential. Commissioner Eldridge SECONDED the motion. VOTE ON MOTION TO AMEND: Twait Yes Romain Yes Amen Yes B son Yes Chase Yes Eldrid e Yes MOTION PASSED UNANIMOUSLY. Amen asked staff when the issue could be considered again should it not be approved at this meeting and Kebschull replied it would be nine months before it could be brought to the Commission again. Eldridge explained to the public the purpose of a Limited Commercial zone was to restrict it to something less than a commercial by limiting the size of a structure and requiring landscaping along all sides of the property. Eldridge added, residences could be built in this zone. VOTE ON MAIN MOTION AS AMENDED: Twait Yes Romain Yes Amen No B son Yes Chase Yes Eldrid e Yes MOTION PASSED. ITEM 7: NEW BUSINESS 7-a. Lease Application - Lounsbury and Associates, Inc. on Behalf of Lowe's HIW, Inc. -Lots A-1 & A-2, Baron Park No. 6 -Discussion and Recommendation. Kebschull reviewed the memo included in the packet and the following questions and PLANNING & ZONING COMMISSION JANUARY 25, 2006 PAGE 10 answers were provided: • Does the proposed use comply with the zoning ordinance? The parcels are split zoned; General Commercial and Light Industrial. Retail businesses, such as Lowes, are permitted in both zones. • Does the proposed use comply with the Comprehensive Plan? Because the Airport Industrial land use has not been implemented the parcels were not identified as needed in the proposed Airport Reserve, and the proposed use meets the zoning it appears that the proposed lease complies with the City's Comprehensive Plan. • Does the proposed use comply with the Airport Master Plan? The FAA released the land in 1992 for lease or sale for non-aviation purposes. The use is a commercial use and complies with the Kenai Municipal Airport Master Plan. • Is the proposed use the highest and best use? The proposed use appears to be the highest and best use at this time because there is no other proposed use. • Does the proposed use meet other goals set by the Commission or City Council? The Commission has not set goals for lease applications. MOTION: Commissioner Eldridge MOVED to recommend that City Council approve the Lowes' lease application including staff's notes and recommendations. Commissioner Romain SECONDED the motion. VOTE: Twait Yes Romain Yes Amen Yes B son Yes Chase Yes Eldrid e Yes MOTION PASSED UNANIMOUSLY. 7-b. Discussion -- Annual Report -Extraction of Natural Resources Kebschull reported, upon review of the Conditional Use Permits for gravel pits operating in the City, it appears all are in compliance. ?-c. PZ06-11 -Resolution amending KMC 14.20.290 -Appeals Kebschull reported this item would be introduced to City Council at its next meeting and would come before the Planning Commission with a public hearing at the February 8~ 2006 meeting. This proposed amendment would clarify which issues may be appealed to the Board of Adjustment and set forth rules regarding who has standing to bring appeals. PLANNING 8v ZONING COMMISSION JANUARY 25, 2006 PAGE 11 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. 9-a. 2005 Code Violations Summary -- Kebschull indicated the report is included in the packet. ITEM 10: REPORTS 10-a. City Council -- Council Member Ross noted the action agenda for the January 18 meeting was included in the packet. 10-b. Borough Planning -- Commissioner Bryson provided a brief report on actions taken at the January 23, 2006 Borough Planning meetings. 10-c. Administration -- Kebschull reported the following: • The 2005 Yearly Conditional Use Permit report is included in the packet. She added, one individual was not in compliance, however he is out of state and this was probably just overlooked. Staff did not think this would be an issue. • City Engineer La Shot reported EDD filed for a grant to do some environmental studies in Millennium Square. The grant was approved and a request for proposals (RFP) would be advertised for professional services. Kebschull noted the RFP would be issued by a group in Fairbanks to conduct a Phase I and Phase II environmental assessment of Millennium Square. ITEM II: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. Reappointment letters -Commissioner Amen, Commissioner Eldridge, and Commissioner Twait 12-b. "Zoning Bulletin" -December 24, 2005 12-c. Planning 8v Zoning Commission Roster ITEM 13: COMMISSION COMMENTS & QUESTIONS Amen noted the following: A vacancy remained on the Commission and requested 1 PLANNING 8~ ZONING COMMISSION J JANUARY 25, 2006 PAGE 12 recommendations. • Reminded the Commission the APOC Financial Disclosure Statements were due by March 15, 2006. Commissioner Twait welcomed Commissioner Romain to the Commission. It was noted a work session will immediately follow this meeting. ITEM 14: ADJOURNMENT MOTION: Commissioner Bryson MOVED to adjourn and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:35 p.m. Minutes transcribed and prepared by: Barbara Roper, ntract Secretary PLANNING & ZONING COMMISSION JANUARY 25, 2006 PAGE 13