Loading...
HomeMy WebLinkAbout2006-10-11 Planning & Zoning Minutes"~ CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA October 11, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Excused Absences • Commissioner Eldridge • Commissioner Wells 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. *September 27, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ06-67 -Preliminary Plat -Alaska State Land Survey No. 2005-7. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. b. PZ06-61 (Revised) -Preliminary Plat - Bookey's Replat. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: a. PZ06-65 - An application for a Conditional Use Permit for Cabin Rentals (short-term rental) for the property known as 350 Ames Road (Lot 6, Block 1, Pelch Subdivision Part 1), Kenai, Alaska. Application submitted by Katherine Fleck, 31192 Nature Road, Royalton, MN 56373. b. PZ06-68 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 of the Kenai Municipal Code at KMC 14.22.010 (Land Use Table) and 14.20.320 be amended to provide for residential development of up to seven or more family dwellings as a secondary use in the Central Mixed Use Zone and providing for a definition of "secondary use." c. PZ06-69 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 of the Kenai Municipal Code at KMC 14.20.240(c) be amended by adopting mobile home standards for mobile home parks within the City of Kenai. 6. OLD BUSINESS: a. Reconsideration of PZ06-63 - An application for a variance for principal structures for the property known as Lot 5, Angler Acres Pt. 3 (1045 Angler Drive), Kenai, Alaska. Application submitted by Steve Voth, P.O. Box 2227, Soldotna, Alaska. b. PZ06-64 - An application for a Conditional Use Permit for cabin rentals for the property known as Lot 5, Angler Acres Pt. 3 (1045 Angler Drive), Kenai, Alaska. Application submitted by Steve Voth, P.O. Box 2227, Soldotna, Alaska. (Postponed from September 27, 2006.) 7. NEW BUSINESS: a. Capital Improvement Program Annual Review - Discussion/Recommendations b. PZ06-70 (PZ06-09) -Transfer Conditional Use Permit -Meal Preparation & Off-Site Catering from The Family Table to McLennan House for the property known as 601 Davidson Street (S34 NW1/4 SW1/4 SW1/4 NEl/4), Kenai, Alaska. Application submitted by Cheney McLennan, McLennan House, 602 Davidson Street, Kenai, Alaska. c. Rezone Angler Acres Subdivision -Discussion 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. Landscape/Site Plan PZ06-66 Interim b. Landscape/Site Plan PZ06-52 c. Letter to Mayor Porter from Chairman Eldridge 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: Work Session Immediately Following Regular Meeting "Proposed Central Mixed Use Rezone" CITY OF KENAI PLANNING & ZONING COMMISSION MEETING KENAI CITY COUNCIL CHAMBERS OCTOBER 11, 2006 7:00 P.M. VICE CHAIR PHIL BRYSON, PRESIDING MINUTES ITEM 1: CALL TO ORDER Vice-Chairman Phil Bryson called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: R. Fulhnck, J. Twait, J. Jenckes, P. Bryson Commissioners absent: R. Wells (excused), B. Eldridge (excused) S. Romain Others present: Council Member R. Ross, City Planner Kebschull, Department Assistant Carver, Contract Secretary B. Roper A quorum was present. 1-b. Agenda Approval MOTION: Commissioner Twait MOVED to approve the agenda adding an email from Jim Richardson (related to Item 6-b). Commissioner Jenckes SECONDED the motion. There were no objections. SO ORDERED. 1-c. Excused Absences Commissioner Eldridge Commissioner Wells MOTION: Commissioner Fullinck MOVED to approve the requests for excused absences. Commissioner Jenckes SECONDED the motion. There were no objections. SO ORDERED. 1-d. Consent Agenda MOTION: Commissioner Jenckes MOVED to approve the consent agenda as submitted and l requested UNANIMOUS CONSENT. Commissioner Fullinck SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- September 27, 2006 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS 4-a P206-67 -Preliminary Plat -Alaska State Land Survey No. 2005-7. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. City Planner Kebschull provided a report on the preliminary plat which was included in the packet and noted staff recommended approval. Kebschull also noted Cliff Baker of Integrity Surveys was present to answer any questions. Cliff Baker, Integrity Surveys, Kenai, Alaska -- Mr. Baker noted the plat was not creating this southeast 1/4 northeast 1/4 as it was already there; it would be more of a record survey of the plat. MOTION: Commissioner Twait MOVED for approval of PZ06-67 and Commissioner Fullinck SECONDED the motion. VOTE: Wells Absent Fullinck Yes Twait Yes Jenckes Yes Romain Absent Eldrid e Absent B son Yes MOTION PASSED UNANIMOUSLY. 4-b. PZ06-61 (Revised) -Preliminary Plat - Bookey's Replat. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. Kebschull provided a report on the revised preliminary plat which was included in the packet. She also noted staff recommended approval with the following recommendations: PLANNING & ZONING COMMISSION MEETING OCTOBER 1PAGE 2 _ Verification there are no encroachments remaining. • If encroachments are identified, property owner must apply for and receive approval for the encroachments prior to the plat being recorded. • All former lot lines should be shown on the plat. • Prior to recording the final plat, owner must apply for an amendment to the zoning ordinance to rezone the parcels to one zone so as not to allow the plat to create asplit-zone. Vice-Chair Bryson opened the meeting to public testimony. Cliff Baker, Integrity Surveys, Kenai, Alaska -- Baker noted the following: • A statement in the packet requested a section line be vacated: The plat indicates the section line has been vacated. • A paper plat is done to eliminate lot fines. Encroachments are not created; if anything they are eliminated. • A paper plat is when everything is done in the office and not in the field so it does not make sense to require a survey or as-built of all the encroachments prior to recording a plat as the additional expense may stop the project. Public testimony closed. MOTION: Commissioner Fullinck MOVED to approve PZ06-61 with recommendations of staff. Commissioner Twait SECONDED the motion. Kebschull was asked how Baker's comments about the encroachment would affect staffs recommendations. Kebschull responded, the encroachment requirement is standard and the Code does allow for non-conforming lots and uses of structures to continue. However, it does not allow for something to be done that would create an encroachment. Kebschull added, the Commission is advisory to the Borough and often, they do not consider the requirement. During discussion regarding utility easements, Baker noted the following: • It was not their intent to vacate any easements at this time. • The plat is to identify what is of record • The section line easement was vacated. • Eight parcels are being made into one; the original lot lines are indicated on the plat with dotted lines. Vice-Chair Bryson noted the following: • The change would effectively create a half right-of--way within 30' which is the standard Borough right-of--way. PLANNING & ZONING COMMISSION MEETING 1 OCTOBER 11, 2006 J PAGE 3 • The 50' right-of-way created was excessive given that the other side of the street also has a 50' right-of--way. • He would vote in favor of the preliminary plat. • He will not comment at the Borough meeting. • The Commission should be considering the revised resolution and comments. MOTION TO AMEND: Commissioner Fullinck MOVED to amend the main motion to include the revised plat, resolution and comments. Commissioner Twait SECONDED. There were no objections. SO ORDERED. VOTE ON MAIN AMENDED MOTION: There were no objections. SO ORDERED. ITEM 5: PUBLIC HEARINGS 5-a. PZ06-65 - An application for a Conditional Use Permit for Cabin Rentals (short-term rental) for the property known as 350 Ames Road (Lot 6, Block 1, Pelch Subdivision Part 1), Kenai, Alaska. Application submitted by Katherine Fleck, 31192 Nature Road, Royalton, MN 56373. ~ Kebschull provided a report as included in the packet and noted the following recommendations: • Grant a temporary permit for one tourist season from May 2007 to September 2007. • Review the permit after the temporary season to determine if a permanent permit should be issued. • Prior to issuing a permit, assure a current State of Alaska business license and KPB sales tax certificate are on file with the City. • Prior to issuing a permit, ensure the Fire Marshal conducts an inspection to insure the residence meets the fire code for the proposed use. Vice-Chair opened the public hearing. Katherine Fleck, 350 Ames Road, Kenai, Alaska -- Ms. Fleck made the following comments: • There should be no difference in the traffic in the area. • Rentals will be limited to one party at a time with athree-day minimum; preferably on a week-to-week basis. • The property is a foreclosure and extensive renovations were preformed; as a result the value of the property was increased. PLANNING & ZONING COMMISSION MEETING OCTOBER 11, 2006 PAGE 4 Intent is to keep the facility looking like a home rather than a business. There being no further comments from the public, the public hearing was closed. MOTION: Commissioner Jenckes MOVED for approval of PZ06-65, including staff recommendations, i.e. the granting of a temporary permit of one tourist season (May 2007 to September 2007) at which it would be reviewed prior to issuing a permanent permit. Commissioner Twait SECONDED the motion. There were no objections. SO ORDERED. Kebschull advised of the 15-day appeal process and noted appeals needed to be submitted in writing to the City Clerk. 5-b. PZ06-68 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 of the Kenai Municipal Code at KMC 14.22.010 (Land Use Table) and 14.20.320 be amended to provide for residential development of up to seven or more family dwellings as a secondary use in the Central Mixed Use Zone and providing for a definition of "secondary use." Kebschull provided a report as included in the packet and noted the Commission's recommendation to City Council could not be appealed. Bryson opened the public hearing. There were no comments and the public hearing was closed. MOTION: Commissioner Twait MOVED to recommend approval of PZ06-68. Commissioner Fullinck SECONDED the motion. There were no objections. SO ORDERED. 5-c. PZ06-69 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 of the Kenai Municipal Code at KMC 14.20.240(c) be amended by adopting mobile home standards for mobile home parks within the City of Kenai. Kebschull provided a report as included in the packet and noted the Commission's recommendation to City Council could not be appealed. Bryson opened the public hearing. There were no comments and the public hearing was closed. MOTION: PLANNING & ZONING COMMISSION MEETING 1 OCTOBER 11, 2006 - PAGE 5 Commissioner Jenckes MOVED to recommend approval of PZ06-69 and Commissioner Fullinck SECONDED the motion. Kebschull was asked if existing mobile homes within the City would have to abide by the new ordinance. Kebschull explained existing mobile homes would be considered non-conforming, however, if the owner wants to add an addition, the mobile home would be required to be inspected to insure it would meet the safety standards in the ordinance. If an unsafe condition is reported, the City will investigate it under the abatement policy in the building code and notify the property owner if necessary. VOTE: There were no objections. SO ORDERED. ITEM 6: OLD BUSINESS 6-a. Reconsideration of PZ06-63 - An application for a variance for principal structures for the property known as Lot 5, Angler Acres Pt. 3 (1045 Angler Drive), Kenai, Alaska. Application submitted by Steve Voth, P.O. Box 2227, Soldotna, Alaska. MOTION: Commissioner Fullinck MOVED to reconsider PZ06-63 and Commissioner Twait SECONDED the motion. VOTE ON RECONSIDERATION: Wells Absent Fullinck Yes Twait Yes Jenckes Yes Romain Absent Eldrid e Absent B son Yes MOTION TO RECONSIDER PASSED UNANIMOUSLY. Staff had nothing additional but noted the email from Jim Richardson. Vice-Chair Bryson opened the meeting to public comment. Steve Voth, Kenai, Alaska - Mr. Voth made the following comments: • The type of business has been at this location since 1960. • The number of guides will be limited on both parcels; the maximum number of clients would be 24 per day. • The traffic will be reduced. PLANNING & ZONING COMMISSION MEETING OCTOBER 11, 2006 PAGE 6 • Requested action on the application be postponed if there was a possibility the application would not pass at this meeting. There being no further comments the public testimony was closed. Commission comments included: Acre area. VOTE: Concern expressed of the number of variance requests for the Angler Suggestion the area should be rezoned. It would be best if the property owners in the area initiated a rezone. Wells Absent Fullinck Yes Twait Yes Jenckes Yes Romain Absent Eldrid e Absent B son Yes MOTION PASSED UNANIMOUSLY. Kebschull advised of the 15-day appeal process and noted appeals needed to be submitted in writing to the City Clerk. 6=b. P206-64 - An application for a Conditional Use Permit for cabin rentals for the property known as Lot 5, Angler Acres Pt. 3 (1045 Angler Drive), Kenai, Alaska. Application submitted by Steve Voth, P.O. Box 2227, Soldotna, Alaska. (Postponed from September 27, 2006.) Staff noted no additional information, however indicated all property owners in the area had been sent notices again and there had been very few responses except for the email from Mr. Richardson. VOTE: Wells Absent Fullinck Yes Twait Yes Jenckes Yes Romain Absent Eldrid e Absent B son Yes MOTION PASSED UNANIMOUSLY. Kebschull advised of the 15-day appeal process and noted appeals needed to be submitted in writing to the City Clerk. ITEM 7: NEW BUSINESS PLANNING & ZONING COMMISSION MEETING l OCTOBER 11, 2006 / PAGE 7 7-a. Discussion/Recommendations -- Capital Improvement Program Annual Review Kebschull noted the following: • A public workshop on October 25, 2006 to receive public input on the CIP Program. to include. Project nomination forms were available if a Commissioner had a project • A list of suggested projects had been submitted by Commissioner Eldridge and was included in the packet. 7-b. PZ06-70 (PZ06-09) -Transfer Conditional Use Permit -Meal Preparation & Off-Site Catering from The Family Table to McLennan House for the property known as 601 Davidson Street (S34 NW 1 /4 SW 1 /4 SW 1 /4 NE1/4), Kenai, Alaska. Application submitted by Cheney McLennan, McLennan House, 602 Davidson Street, Kenai, Alaska. Kebschull reported the lease had expired for the property and the Commission's action would transfer the permit back to the original owner. If approved, a request to amend the Conditional Use Permit would come before the Cormnission at the next meeting. Vice-Chair Bryson opened the meeting to public comment. Laura Ganshow, 1611 Aliak, Kenai, Alaska -- Ms. Ganshow made the following comments: • As owner of the Family Table, she had applied and paid for the Conditional Use Permit. • There is anon-competitive clause in place and she cannot be assured there will be no competition with the McLennan's use of the kitchen. • The Family Table had a signed lease which was prematurely terminated by Cheney McLennan who wanted to retake control of the kitchen. The action was not in accordance with the lease agreement. • The issue is currently in litigation. • She objected to the transfer of the permit which she felt would be detrimental to her business. • She feels the permit may be of use to her in the future because of the matter not being resolved. There being no other members of the public wishing to speak, public comment was closed. During discussion it was noted that Code states no conditional use permit issued shall be transferred until the transferee has submitted an application for transfer in writing to the administrative official. It was also clarified that Ganshow is the current permit PLANNING & ZONING COMMISSION MEETING OCTOBER 11, 2006 PAGE 8 holder; that McLennan owns the property; and, conditional uses run with the property and cannot be transferred to another location with a request for a new permit. MOTION: Commissioner Jenckes MOVED for approval of PZ06-70 and Commissioner Twait SECONDED the motion. MOTION TO POSTPONE: Commissioner Jenckes MOVED to postpone PZ06-70 until clarification from the attorney is obtained. Commissioner Twait SECONDED the motion. VOTE ON POSTPONEMENT: Wells Absent Fullinck Yes Twait Yes Jenckes Yes Romain Absent Eldrid e Absent B son Yes MOTION PASSED UNANIMOUSLY. 7-c. Discussion -- Rezone Angler Acres Subdivision Referencing her memorandum, included in the packet, Kebschull noted the following: • A report showing the zoning permits issued in the area and a map depicting the extent of the permits was also included. • Suggested the Recreation Zone may accommodate most of the uses currently permitted while still allowing residential use. MOTION: Commissioner Jenckes MOVED to direct staff to poll residents on Angler Drive and South Ames Road regarding the possible rezone of the area from Rural Residential to Recreational. Commissioner Twait SECONDED the motion. There were no objections. SO ORDERED. ITEM 8: PENDING ITEMS -- None ITEM 9: REPORTS 9-a. City Council -- Council Member Ross reviewed the action agenda of the October 4, 2006 City Council meeting which was included in the packet. PLANNING & ZONING COMMISSION MEETING OCTOBER 11, 2006 PAGE 9 9-b. Borough Planning -- Bryson provided a report based on actions taken at the Borough's October 9, 2006 Planning meeting. 9-c. Administration -- No report. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None ITEM 11: INFORMATION ITEMS 11-a. Landscape/Site Plan PZ06-66 Interim 11-b. Landscape/Site Plan PZ06-52 11-c. Letter to Mayor Porter from Chairman Eldridge The Commission was reminded that excused absences are approved by the City Clerk and written requests must be directed to her. ITEM 12 : COMMISSION COMMENTS & QUESTIONS Discussion took place on the drainage problem in the Inlet Woods Drive area. ITEM 13: ADJOURNMENT MOTION: Commissioner ~zllinck MOVED for adjournment and Commissioner Twait SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 8:40 p.m. Minutes recorded and prepared by: Barbara Roper, Co act Secretary PLANNING & ZONING COMMISSION MEETING OCTOBER 11, 2006 PAGE 10