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HomeMy WebLinkAbout2006-02-08 Planning & Zoning Minutesfi -, , `/ ~ CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS February 8, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Swearing in of New Commissioner 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 25, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ06-10 -Preliminary Plat -Spruce Shadows Subdivision -Merritt Addition -Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: a. PZ06-09-An application for a Conditional Use Permit for an Off-Site Catering Business for the property described as KN T06N R11W S 34 NWl/4 SW1/4 SW1/4 NE1/4 (601 Davidson Street), Kenai, Alaska. Application submitted by Laura Ganshow dba The Family Table, 405 Birch Street, Kenai, Alaska. b. PZ06-11 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.290 be amended to clarify which issues maybe appealed to the Board of Adjustment and setting forth rules regarding who has standing to bring appeals. 6. OLD BUSINESS: a. 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. (Postponed from January 25, 2006.) Application withdrawn by applicant. b. Notice to reconsider - 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. (Reconsideration request given by Commissioner Eldridge.) 7. NEW BUSINESS: a. Lease Application -Mark E. Lockwood d/b/a Kenai Self-Storage/Tract B, Gusty Subdivision No. 2 -Discussion and 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) 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Letter accepting Commissioner Hammelman's resignation b. Zoning Bulletin (1/10/06) 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: S. Romain, N. Amen, P. Bryson, L. Chase, B. Eldridge, J. Twait Others present: Council Member Ross, City Planner Kebschull, Department Assistant Carver, Building Official Springer, Jim Jenckes, and Contract Secretary B. Roper A quorum was present. 1-b. Swearing in of New Commissioner City Planner Kebschull administered the Oath of Office to newly appointed Commissioner James Jenckes. Commissioner Jenckes took his seat on the dais. 1-c. Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Eldridge MOVED to approve the consent agenda. Commissioner Bryson SECONDED the motion. AMENDED MOTION: Commissioner Bryson MOVED to amend the main motion and requested Item 2, Approval of Minutes be removed from the Consent Agenda. Commissioner Eldridge j SECONDED the motion. VOTE ON THE AMENDED MOTION: 1 Romain Yes Amen Yes B son Yes Chase Yes Eldrid e Yes Jenckes Yes Twait Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: Romain Yes Amen Yes B son Yes Chase Yes Eldrid e Yes Jenckes Yes Twait Yes MOTION PASSED UNANIMOUSLY. ITEM 2: APPROVAL OF MINUTES -- January 25, 2006 Chairman Amen requested a correction on page 10, VOTE ON MAIN MOTION AS AMENDED. He noted, the motion was not unanimously passed as there was one 'no' vote. MOTION: Commissioner Eldridge MOVED to approve the minutes of January 25, 2006 as corrected. Commissioner Jenckes SECONDED the motion. VOTE: Romain Yes Amen Yes B son Yes Chase Yes Eldrid e Yes Jenckes Yes Twait Yes MOTION PASSED UNANIMOUSLY. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4-a. PZ06-10 -Preliminary Plat -Spruce Shadows Subdivision -Merritt Addition -Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. Kebschull noted the following: • The plat removes lots lines to create one large parcel. • The resulting lot size meets the rural residential zone requirements. • Public water and sewer is available. PLANNING 8v ZONING COMMISSION MEETING FEBRUARY 8, 2006 PAGE 2 • Staff recommends approval if the street name is corrected from Copper Lane to Baker Street and the City is provided with verification there are no encroachments. MOTION: Commissioner Bryson MOVED to approve PZ06-10 adding staff recommendations and Commissioner Eldridge SECONDED the motion. VOTE: Romain Yes Amen Yes B son Yes Chase Yes Eldrid e Yes Jenckes Yes Twait Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5-a. PZ06-09-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 Laura Ganshow dba The Family Table, 405 Birch Street, Kenai, Alaska. Commissioner Chase stated she would abstain from voting due to a conflict. Commissioner Romain stated he would abstain as well. When asked the type of conflict, Commissioner Romain indicated there were potential financial conflicts. Kebschull provided a brief history of the Conditional Use Permits for this property noting the applicant originally had not planned to provide off-site catering but had since decided to expand the current business to include off-site catering. Kebschull also noted the following: • The use is consistent with the purpose of the chapter and the purposes and intent of the zoning district. • The value of the adjoining property and neighborhood would not be significantly impaired. • The proposed use is in harmony with the Comprehensive Plan. • Public services and utilities are adequate to serve the proposed use. • The proposed uses will not be harmful to the public safety, health and welfare of the area. • A similar business has operated from this property in the past with no complaints. • Applications for Conditional Use Permits must have approval of the legal property owner according to KMC 14.20.150(b)(2) "Verification by the owner of the property concerned if other than the applicant." At the time of the application it was PLANNING & ZONING COMMISSION MEETING FEBRUARY 8, 2006 PAGE 3 believed the applicant had approval of the property owner, however a letter had since been received from the property owner withdrawing his approval for anoff--site catering business from this location. • Because the application no longer meets the requirements of KMC 14- 20.150(b)(2), staff recommended the application be denied. MOTION: Commissioner Eldridge MOVED to approve PZ06-09 and Commissioner Twait SECONDED the motion. Amen opened the public hearing at 7:12 p.m. Laura Ganshow, 1611 Aliak Drive, Kenai, AK 99611 - Ms. Ganshow stated the following: • She is part-owner of the Family Table. • She is in disagreement with Mr. McLennan's decision to take back his permission to allow the Family Table to perform the off-site catering. • Noted Mr. McLennan provided permission several times to include the lease which states the lease property shall be used or occupied for the purpose of a dinner/meal catering business and any activity related thereto. • There was also a letter dated December 1, 2005 to the Planning 8s Zoning Commission indicating there had been no change to the type of business, the current owners will continue to provide family style dinners to the community as well as catering services. • Mr. McLennan stated residential concerns for his change of mind but his residential concerns were related to the current business as well. • Mr. McLennan knew of the concerns when he leased the DEC-certified commercial kitchen. • She is upset with the back and forth that had come from this. • Noted there are bids out for catering services and they accepted bids based on the permission granted my Mr. McLennan. • Requested permission be granted to perform off-site catering from the commercial business facility. April Fulk, 560 Wortham Avenue, Kenai, Alaska 99611 - Ms. Fulk stated: • She has lived by the business for many years and did not realize it was there. She felt there had not been a problem functioning in the neighborhood. • Stated her concern with McLennan's decision to not grant permission for the applicant to operate anoff-site catering from the facility and suggested the current permit held by McLennan should be discontinued if he does not grant permission to the applicant. Cheney McLennan, 601 Davidson, Kenai, Alaska - Mr. McLennan stated: • He is the owner of the facility in question. • Feels he has good standing in the community and would not bring that PLANNING & ZONING COMMISSION MEETING FEBRUARY 8, 2006 PAGE 4 to issue. • He has supported the applicants; there was a lease agreement; his attorney has concern the applicants' business could go beyond the agreement. • It is his understanding the agreed-upon lease is invalid as it concerns sublets and the applicant could lease the facility to other contractors. With another Conditional Use Permit they can put even more subcontractors in the kitchen. • The facility is small and is situated on his residential property and his attorney has advised him he would have no control whatsoever over who is in the building, what they're doing, the hours, etc. • Until the parties can determine their concerns with the original lease (which was signed by the applicant) and to come into an agreement, he would not allow another Conditional Use Permit. • He lives there and cannot have traffic all hours of the day or night. • Because he sold the business to the applicants, he supports their efforts to operate the business within agreed upon parameters, however his attorney has advised him of problems with the original agreement. • He hopes the current problems can be resolved and a Conditional Use Permit may be requested in the future. • When he owned the business, they ran one business at a time out of the facility and had control of the property; it was his understanding, under the current Conditional Use Permit his tenants could have five or six companies subleased and working there without his knowledge; and, he feels there has been a breakdown of communication and thought athird-party moderator could assist in resolving the issue. Christin Leckwee, 405 Birch Street, Kenai, Alaska - Ms. Leckwee stated: • She is part-owner of the Family Table. • When they leased the building they were understood it was a commercial building. • There were never any concerns stated about traffic. • When they signed the lease, they understood they could operate the business to make money even if it increased traffic flow. Public hearing was closed at 7:23 p.m. Bryson asked if the staff recommendation to not approve the application was also the opinion of the City Attorney and Kebschull replied it was. VOTE: Romain Abstain Amen No B son No Chase Abstain Eldrid e Yes Jenckes No Twait No MOTION FAILED. PLANNING 8v ZONING COMMISSION MEETING FEBRUARY 8, 2006 PAGE 5 Amen explained anyone wishing to appeal the decision could do so in writing to the City Clerk within 15 days. 5-b. PZ06-11 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.290 be amended to clarify which issues may be appealed to the Board of Adjustment and setting forth rules regarding who has standing to bring appeals. Kebschull explained the purpose of the resolution. MOTION: Commissioner Eldridge MOVED to approve PZ06-11 and Commissioner Chase SECONDED the motion. Amen opened the public hearing at 7:26 p.m. There were no comments and the public hearing was closed. Eldridge thought this would provide more clarification. Council Member Ross noted, Paragraph 5, under A would make changes staff suggests and the Commission should be aware it would change it so the appeals process would only occur in areas where they have final decision making authority. VOTE: Romain Yes Amen Yes B son Yes Chase Yes Eldrid e Yes Jenckes Yes Twait Yes MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS 6-A. PZ06-08-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. Postponed from January 25, 2006. Application was withdrawn by applicant. 6-b. Notice to reconsider - 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 PLANNING 8v ZONING COMMISSION MEETING FEBRUARY 8, 2006 PAGE 6 -~ Avenue, Kenai, Alaska. (Reconsideration request given by Commissioner Eldridge) . ~l Kebschull explained, she confirmed with the City Clerk and City Attorney the reconsideration could take place with a motion from Commissioner Eldridge, a second, and a passing vote by the Commission. If the motion to reconsider is approved the Commission will be considering the original motion. MOTION: Commissioner Eldridge MOVED to reconsider PZ06 and Commissioner Twait SECONDED the motion. Eldridge explained, after reviewing the verbatim provided, he found he had voted opposite of what he had intended. Eldridge added, he thought the Commission agreed to exclude only the lots in the residential/subdivision sections because they were all residential and on subdivision streets and it was his intention to leave those lots across the street on the east side of the Kenai Spur Highway as Limited Commercial. Amen thought his attempt for clarification may have done the opposite; he had made a statement using Shell Drive as a marking point as far as north to south. VOTE ON MOTION TO RECONSIDER: Romain Yes Amen Yes B son No Chase Yes Eldrid e Yes Jenckes Yes Twait Yes MOTION PASSED. AMENDED MOTION: Commissioner Eldridge MOVED to approve PZ06-O1 and Commissioner Chase SECONDED the motion. Eldridge stated: • He is very much in favor the Limited Commercial Zone and most of the testimony provided has been in favor of it as well. • It was his intent to exclude the subdivision lots because they were the ones that had complained and realistically they would not be developed commercially on the Kenai Spur Highway. • There was testimony in favor of leaving the Limited Commercial designation on the streets on the east side of the Kenai Spur Highway from Ross Street all the way past Shell Drive and all the way up to North Fern Street. MOTION TO AMEND: PLANNING 8s ZONING COMMISSION MEETING FEBRUARY 8, 2006 PAGE 7 Commissioner Eldridge MOVED to amend the motion to exclude lots 500, 505, 615, 625, 635, 645, 655, 665, 4301, and 4080 on either side of Eagle Rock Drive from the Limited Commercial Zone. Commissioner Romain SECONDED the motion. Bryson asked if the exclusion was part of the main motion or the amended motion. Amen clarified it was made as an amendment to the main motion. Discussion took place regarding clarification of the specific lots to be excluded from the Limited Commercial Zone and it was clarified the lots were on the west side. It was also clarified the amendment would not include Lot 5263. Bryson stated the motion would only addresses the west side of the highway. VOTE ON AMENDED MOTION: Romain Yes Amen Yes B son Yes Chase Yes Eldrid e Yes Jenckes Yes Twait Yes MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Commissioner Bryson MOVED to exclude parcels lying east of Kenai Spur Highway and south of Shell Drive from the Limited Commercial Zone. Commissioner Chase SECONDED the motion. Bryson explained: • He felt the small lots had already been created and the rezone could cause a situation where a business park could be developed in the area and the residential area behind it would be affected. • He felt it would not be an appropriate zone for the. area. • Noted the area was currently zoned Rural Residential and available for conditional use applications. Eldridge noted again that the testimony received earlier was in favor of keeping the area zoned Limited Commercial and there had been an appeal filed after the last meeting to keep the area Limited Commercial. Bryson asked staff if the owners of the parcels provided comments regarding the rezone. Kebschull replied they had not. VOTE ON AMENDED MOTION: Romain No Amen Yes B son Yes Chase No Eldrid e No Jenckes No Twait No PLANNING 8s ZONING COMMISSION MEETING FEBRUARY 8, 2006 PAGE 8 MOTION FAILED. VOTE ON MAIN MOTION AS AMENDED: Romain Yes Amen No B son Yes Chase Yes Eldrid e Yes Jenckes Yes Twait Yes MOTION PASSED. ITEM ?: NEW BUSINESS 7-a. Lease Application -Mark E. Lockwood d/b/a Kenai Self-Storage/Tract B, Gusty Subdivision No. 2 -Discussion and Recommendation Kebschull reviewed the memorandum included in the packet regarding the lease application and noted it appeared the proposed lease would comply with the City's zoning ordinance, Comprehensive Plan, Airport Master Plan and would be the highest and best use for the parcels. MOTION: Commissioner Eldridge MOVED to recommend City Council approve the lease application and Commissioner Romain SECONDED the motion. Discussion followed and Kebschull offered clarification of questions asked, including: • The parcels were included in the overlay. • The City could place any special requirement on the lease, but the applicant would have to follow City requirements for landscaping, etc. and the City is in the process of updating the landscaping ordinance. • The Commission could make any recommendations to City Council. • The term of the lease requires Phase I to be complete in two years. • A 55-year lease is normal, however discussions have take place related to changing lease terms to 30 to 35 years though no amendments had been approved. VOTE: Romain Yes Amen Yes B son Yes Chase Yes Eldrid e Yes Jenckes Yes Twait Yes MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS PLANNING & ZONING COMMISSION MEETING FEBRUARY 8, 2006 PAGE 9 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 ITEM 9: CODE ENFORCEMENT -- None. ITEM 10: REPORTS 10-a. City Council -- Council Member Ross noted the action agenda for the February 1 meeting was included in the packet. 10-b. Borough Planning - No report. 10-c. Administration -- Kebschull reported the following: • She reminded the Commission of the training scheduled in Anchorage on March 3. • The landscaping ordinance will be introduced at Council and a public hearing will be scheduled for the next Commission meeting. The recommendation is to remove the landscaping section from the Limited Commercial Zone and include all landscaping requirements in KMC 14.25. • There will be a public hearing removing Footnote 10 from the Land Use Category on churches. ITEM II: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. Letter accepting Commissioner Hammelman's resignation 12-b. Zoning Bulletin (1/ 10/06) ITEM 13: COMMISSION COMMENTS 8s QUESTIONS Commissioner Jenckes stated he was glad to be on the Commission. 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 8:10 p.m. utes transcri and prepared by: G. Barbara Roper, C n ract Secretary PLANNING & ZONING COMMISSION MEETING FEBRUARY 8, 2006 PAGE 10