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HomeMy WebLinkAbout2006-05-24 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA KENAI SENIOR CENTER May 24, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call 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. *May 10, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ06-37 -Preliminary Plat -Thompson Park -Meyers Replat No. 2 -Plat submitted by l Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: a. PZ06-34 - An application for a Conditional Use Permit for cabin rentals (short-term rentals) for the property known as Lot 6, Block 6, Valhalla Heights Subdivision, Part 5 (160 Richfield Drive), Kenai, Alaska. Application submitted by Larry R. Carlson and Wendy J. Goodloe, Larry's Guide Service, 160 Richfield Drive, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. PZOS-29 - An application for a Conditional Use Permit to hold concerts in conjunction with baseball games for the properly known as the NW '/4 of Government Lot 4 (103 South Tinker Lane), Kenai, Alaska. Application submitted by Ron Lucia, General Manager, Peninsula Oilers, P.O. Box 318, Kenai, Alaska. Temporary permit issued June 8, 2005 for one year. Permit scheduled for review and determination if permit should be extended. b. *PZ06-35 - An application for a home occupation permit for a quilting business for the property known as Lot 1, Block H Woodland Subdivision Part #1 (104 Beech Avenue), Kenai, Alaska. Application submitted by Larry & Tona Bravo, 104 Beech Avenue, Kenai, Alaska. 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) J 9. REPORTS: a. City Council b. Borough Planning c. Administration Agenda May 24, 2006 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. PZ06-36 Landscape/Site Plan (McCartan) b. State Patent ATS 272 (Tideland Leases) c. Zoning Bulletin (5/10/06) d. Work Session scheduled for 6/14/06 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: Page 2 CITY OF KENAI PLANNING 8s ZONING COMMISSION KENAI SENIOR CENTER MAY 24, 2006 - 7:00 P.M. CHAIR BARRY ELDRIDGE, PRESIDING ITEM 1: CALL TO ORDER MINUTES Chair Eldridge called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: S. Romain, B, Jenckes Commissioners absent: L. McLennan Others present: City Clerk C. Eldridge, P. Bryson, R. Fullinck, J. Twait, J. Freas, City Planner M. Kebschull 1-b. Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda as submitted and add the lay down items, including the following: Add to 5-a, letter with attachments from Don Pearce Add to 5-a, email from Margaret Rookard Add to 5-a, email from Susan & Raymond Carr Add to 5-a, ownership map Add to 7-a, email from Shawn P. Maltby, General Manager, Peninsula Oilers Bryson requested UNANIMOUS CONSENT. Commissioner Twait SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Twait MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- May 10, 2006 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4-a. PZ06-37 -- Preliminary Plat -Thompson Park -Meyers Replat No. 2 - Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. City Planner Kebschull reviewed the staff report which was included in the packet, noting the plat would remove the lot line between two parcels to create one large parcel (Lot 4A); the resulting lot size would meet the requirements of the Rural Residential Zone; and, public water and sewer service is available to the property; a structure is located on the current Lot 5; and, the plat should verify no encroachments exist. Kebschull noted, staff recommendations included to correct the street name from Spruce Street to Wildrose Avenue; verify no encroachments exist; and correct Note 2, the property is served by water and sewer. MOTION: Commissioner Romain MOVED to approve PZ06-37, with the recommendations to change the street name, verify no encroachments exist; and, correct Note 2, that the property is served by city water and sewer. Commissioner Fullinck SECONDED the motion. There were no public comments. Bryson stated he would abstain from voting due to his participation on the Borough Planning Commission. There were no objections from the Commission. VOTE: Romain Yes Eldrid e Yes B son Abstain Fullinck Yes McLennan Absent Twait Yes Jenckes Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5-a. PZ06-34 -- An application for a Conditional Use Permit for cabin rentals (short-term rentals) for the property known as Lot 6, Block 6, Valhalla Heights Subdivision, Part 5 (160 Richfield Drive), Kenai, Alaska. Application submitted by Larry R. Carlson and Wendy J. Goodloe, Larry's Guide Service, 160 Richfield Drive, Kenai, Alaska. City Planner Kebschull reviewed the lengthy staff report which was included in the PLANNING & ZONING COMMISSION MEETING MAY 24, 2006 PAGE 2 meeting packet along with staff recommendations incorporated into the staff report, .and noted the lay down correspondence added to the agenda at the beginning of the meeting. MOTION: Commissioner Jenckes MOVED to approve PZ06-34 with the recommendations included in the staff report. Commissioner Romain SECONDED the motion. Chair Eldridge opened the floor for public testimony. Wendy Goodloe, Applicant -- Goodloe explained: • She and Mr. Carlson fish from Deep Creek and have a small charter service out of Poachers Cove in Soldotna; • They rent their home approximately three times a week, one group at a time. • There is usually one car or two per rental. • They rent the house May-July and a few days in August (approximately 50 days out of the year). • Their clients are 80% repeats. • Addressing comments made at the last public hearing: All their cleaning of fish is done at Poachers Cove; they now have bear resistant garbage cans at the house; since they do not fish red salmon, there are no red salmon carcasses on the property; they do not operate the guide service from their home; they do not have any livestock. • Because there was no waiting period required by the city code, they amended their previous application and reapplied for the Conditional Use Permit. • They do not personally advertise on the Internet, however the business is listed through other public information. • She has twice submitted complaints of a neighbor's dog charging her in her driveway. • They want a quiet subdivision. Goodloe apologized for not having a permit to operate the business -- they were not aware it was required, they generally keep to themselves; and, they had been unaware of the situation. Commission questions asked included: • How do the clients get from the house to where they fish? Goodloe answered, they mostly drive themselves, however she and/or Carlson sometimes pick them up. • Referring to complaints of boats being towed on the street, was she confident they were not their boats? Goodloe answered yes. Ron "RW" Walbecker -- Walbecker spoke in support of the approval of the permit, noting he had known Goodloe since 1988 and Carlson since 1982; confirmed the PLANNING & ZONING COMMISSION MEETING MAY 24, 2006 PAGE 3 _ applicants fish from Poachers Cove and the clients are approximately 80% repeats; all `~ the fish cleaning is done at Poachers Cove; the boat is always at Poachers Cove; has heard only one complaint at Poachers Cove about the applicants; and, felt the permit should be approved. Kathy Bush, 225 Richfield Drive, Kenai -- Bush stated her support to approve the permit, explaining she lives across the street from the Goodloe/Carlson home and read into the record a written statement which noted she has had problems with dogs and called Animal Control; the business is low maintenance and the place is always kept neat and tidy; the rental business impact to the neighborhood is minimal; there are other rentals in the neighborhood; and, they operate only a few months of the year which brings in sales tax and economic development. Loretta Pearce, 155 Richfield Drive -- Pearce spoke in opposition to the permit approval explaining she lives across the street from the applicant's home; the concern is of the clients who come to her home to request help to jump-start vehicles, etc.; and, when the applicants are not at the home, she does not feel comfortable. Pearce also explained she thought the last time the issue was before the council, it was a final decision and believed that readdressing the issue was in error. Dave Horton, 105 Richfield Drive, Kenai -- Horton spoke in opposition to the permit approval, explaining he was new in the neighborhood; there young children and families residing in the neighborhood; he does not know the applicants; adding businesses on the back side in a neighborhood with no sidewalks would generate a traffic health/safety issue; and, stated he appreciated the moratorium on business development off the Spur Highway. Horton was asked if he believed renting to one group at a time with one car would have such a big impact on the community and he answered, speeding and accidents could happen. Sheryl Russell, 4220 North Dogwood, Kenai -- Russell spoke in opposition to the approval of the permit, stating she did not want guide services coming into the subdivision or short-term rental cabins and noted her concerns of speeding of the clients. Mark Tudor, Community Schools Director at Soldotna High School -- Tudor explained he is also a guide on the river; knows the applicants; did not believe the applicants' clients would be those speeding as most of the clients are gone early in the morning and return after cleaning the fish; and, spoke in support of the applicants and the approval of the permit. Steve Wooley, 1008 Crow Court, Kenai -- Spoke in support of the approval of the permit, noting he knows the applicants; assured the Commission all fish are processed at Poachers Cove because he picks the fish up from there and ships it; he also checks on the applicants' house during the winter, keeping the driveway plowed and drives by twice a day. PLANNING 8s ZONING COMMISSION MEETING MAY 24, 2006 PAGE 4 Ashley Blackford, 175 Richfield Drive, Kenai -- Spoke in support of the approval of the permit, noting there were no reasons to deny the permit as it is a livelihood; there were gross generalizations made of tourists; and, in her three years living in the neighborhood, she had never seen a bear or signs of bears. Quincy Blackford, 175 Richfield Drive, Kenai -- Spoke in support of the approval of the permit, noting he knows the Pearces and is the next-door neighbor of the applicants; he is neutral; it does not bother him having the business there; he has concerns the school bus drives too fast in the neighborhood; and, he did not object to the business. Mary Beth Rathman, Funny River Road -- Spoke in support of the approval of the permit, noting she has met many of the applicants' clients and they are good, quiet people; clients fish from 6:00 a.m. to 4:00 p.m. and believed the year permit should be approved to see how things go. Steve Wooley, 1008 Crow Court, Kenai -- Referred to a comment made by Pearce that the sign could not be read, and stated he noticed it right away and contacted the applicants to inform them the sign had been placed. Dave Horton, 105 Richfield Drive, Kenai -- Suggested a pedestrian traffic pattern study be performed to see what the community lifestyle is on Phillips Drive. Chuck Thomas, Poachers Cove Neighbor -- Referred to a comment related to ,) burning at the applicants' Richfield house and noted he had done some projects for the applicants and there is no chimney, open-pit barbecue, burn pit, etc. He added, the applicants have the best of reputations on the river and guide business; he sees their customers everyday; there is the same amount of traffic at Poachers Cove as on Richfield Drive which is one vehicle; and, supported the approval of the permit. There being no further public comments, the public hearing was closed. Comments of Commission included: • F~illinck suggested consideration should be given to whether the applicants are at the house everyday (during the rental season). • Romain stated he believed the issue seemed to be between one neighbor and clients of the applicants; the applicant needs to better control the clientele informing them not to bother the neighbors, obey house rules, etc.; concerned neighbors should document infractions and report them; there are four other guide permits in the area and it could be their clients causing some of the concerns stated; all should work together as a neighborhood; and, would support the temporary one- year permit. • Jenckes stated he would not support the approval of the permit due to past history of the issue; testimony of neighbors; inconsistencies with the Comprehensive Plan; and, the health/safety issue. • Bryson requested clarification, asking if there was a moratorium on construction in the area and Kebschull answered, no new mobile homes are allowed f PLANNING 8y ZONING COMMISSION MEETING MAY 24, 2006 PAGE 5 by code; if there is a limitation to reapplication time and Kebschull answered no. > Bryson added, traffic concerns in the neighborhood should be reported to the Kenai Police Department as it is their jurisdiction; and, traffic concerns on the Spur Highway should be reported to the State Troopers. It was noted a staff recommendation indicated consideration of a seasonal temporary permit (May through August). Kebschull suggested, because it is a seasonal business and because of the appeal period, etc., the Commission may want to consider approving the permit for two seasons to see if there are adverse affects. MOTION TO AMEND: Commissioner Bryson MOVED to modify the date of required review to one year instead of one season. Commissioner F~.illinck SECONDED the motion. Discussion followed related to timing and if an appeal is filed (15 day period would end June 8 at 5:00 p.m.), and until the Board of Adjustment hears the issue, the whole season could be gone. Bryson added, the issue would be reevaluated after one year from the final approval of the permit, effectively after next season. VOTE ON AMENDMENT: Romain No Eldrid e No B son Yes ~llinck Yes McLennan Absent Twait Yes Jenckes No MOTION FAILED. Bryson noted, the result in defeating the amendment causes the application to be evaluated from this season's work when the permit may not be approved for this season. MOTION TO AMEND: Commissioner Romain MOVED to amend to issue the permit for one operating season and Commissioner Twait SECONDED the motion. VOTE ON AMENDMENT: Romain Yes Eldrid e Yes B son Yes F~,illinck Yes McLennan Absent Twait Yes Jenckes Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: -=> PLANNING 8v ZONING COMMISSION MEETING MAY 24, 2006 PAGE 6 Romain Yes Eldrid e Yes B son Yes Ftizllinck Yes McLennan Absent Twait Yes Jenckes No MOTION PASSED. Eldridge noted, to appeal the issue, it would need to be submitted to the City Clerk in writing within 15 days. ITEM 6: OLD BUSINESS -- None. BREAK TAKEN: 8:30 P.M. BACK TO ORDER: 8:37 P.M. ITEM 7: NEW BUSINESS 7-a. PZ05-29 -- An application for a Conditional Use Permit to hold concerts in conjunction with baseball games for the property known as the NW 1/a of Government Lot 4 (103 South Tinker Lane), Kenai, Alaska. Application submitted by Ron Lucia, General Manager, Peninsula Oilers, P.O. Box 318, Kenai, Alaska. Temporary permit issued June 8, 2005 for one year. Permit scheduled for review and determination if permit should be extended. Kebschull referred to a letter submitted by Shawn Maltby, General Manager of the Peninsula Oilers. Kebschull noted, the Conditional Use Permit had been issued last year with a requirement the permit be reviewed by the Commission in a year due to noise concerns expressed by neighborhood residents. Mr. Maltby reported the permit was not used last year and requested the permit be extended for another year. MOTION: Commissioner Romain MOVED to extend the temporary permit PZ05-29 with a requirement the permit be reviewed one year from this date. Commissioner Bryson SECONDED the motion. Kebschull reported the permit did not allow music to be played after 10:30; she sent notices to residents within 300 feet of the Oiler Park to inform them of the public hearing and received no comments; a maximum decibel level was not included in the permit; even though the applicant is aware the length of the games may preclude their being able to play music, he did not request the time limit be extended. VOTE: Romain Yes Eldrid e Yes B son Yes Ftitllinck Yes McLennan Absent Twait Yes Jenckes Yes PLANNING 8v ZONING COMMISSION MEETING MAY 24, 2006 PAGE 7 ~~ MOTION PASSED UNANIMOUSLY. 7-b. PZ06-35 -- An application for a home occupation permit for a quilting business for the property known as Lot 1, Block H Woodland Subdivision Part # 1 (104 Beech Avenue), Kenai, Alaska. Application submitted by Larry 8s Tona Bravo, 104 Beech Avenue, Kenai, Alaska. Approved by consent agenda. ITEM 8: PENDING ITEMS 8-a. P205-16 -- 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) ITEM 9 • REPORTS 9-a. City Council -- No report. 9-b. Borough Planning -- Bryson reported actions taken during the May 15, 2006 Borough Planning Commission. 9-c. Administration -- Kebschull reported she and Department Assistant Carver would be on vacation during the next week. Kebschull also reported a public hearing was planned for the next Commission meeting to amend the zoning code to prevent the same or substantially similar conditional use permit applications from being considered by the Commission more than once in any nine-month period. ITEM 12: ITEM 11: 11-a. 11-b. 11-c. 11-d. ITEM 12: MOTION: PERSONS PRESENT NOT SCHEDULED -- None. INFORMATION ITEMS PZ06-36 Landscape/Site Plan (McCartan) State Patent ATS 272 (Tideland Leases) Zoning Bulletin (5/ 10/06) Work Session scheduled for 6/ 14/06 COMMISSION COMMENTS & QUESTIONS Commissioner Bryson MOVED to remove PZ05-16 from the agenda and Commissioner Fullinck SECONDED the motion. PLANNING 8s ZONING COMMISSION MEETING MAY 24, 2006 PAGE 8 _ It was noted PZ05-16 had been tabled and would not be before the Commission until after development of a new zone. If the issue were acted on by the Commission and failed, by code the issue could not be resubmitted for nine months. Bryson noted, his intent was to remove it from the agenda as it had been tabled with no time certain. It was explained, when the issue is returned to the Commission for action (after development of the zone), it would be re-advertised and renumbered. VOTE: There were no objections. SO ORDERED. ITEM 13: ADJOURNMENT MOTION: Commissioner Jenckes MOVED to adjourn and Commissioner Romain the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 8:57 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk PLANNING 8s ZONING COMMISSION MEETING MAY 24, 2006 PAGE 9