HomeMy WebLinkAbout2006-11-08 Planning & Zoning MinutesCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
November 8, 2006 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Swearing in of New Commissioner
c. Agenda Approval
d. Excused Absences
*Roy Wells
e. 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. *October 25, 2006
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZ06-76 -Preliminary Plat -Baron Park Subdivision, No. 3, Lots 1B-3 & 1B-4. Plat
submitted by Lounsbury & Associates, Inc., 5300 A Street, Anchorage; Alaska.
b. PZ06-77 -Preliminary Plat -Wright Subdivision (A replat of Government Lot 21). Plat
submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska.
c. PZ06-78 -Preliminary Plat -Illiamna View Subdivision -Massie Replat (A replat of
Illiamna View Subdivision- Resubdivision of Lot 8, Block 2). Plat submitted by
Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska.
d. PZ06-79 -Preliminary Plat -Strawberry Fields Forever Addition #2 (A re-subdivision of
Tracts A-1 & A-2 Strawberry Fields Forever Addition #1.). Plat submitted by Whitford
Surveying, P.O. Box 4032, Soldotna, AK 99669.
5. PUBLIC HEARINGS:
a. PZ06-74 - An application for a variance for minimum lot size for the property described
as Lot lA, Block 6, Redoubt Terrace Bluff View Addition (portion of SO1 W1/2 of Sec 6
& NE.1/4 of Sec 1 All Lying North of Cook Inlet & Excluding All Redoubt Terrace
Subs), Kenai, Alaska. Application submitted by F. DeWayne Craig, P.O. Box 1613,
Kenai, Alaska.
b. PZ06-75 - An application for a Conditional Use Permit to operate, a Bed & Breakfast for
the property described as Lot 2, Block 2, Illiamna View Subdivision, 4520 Kenaitze
j Court, Kenai, Alaska. Application submitted by Carol L. McKenzie, 4520 Kenaitze
Court, Kenai, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
8. PENDING ITEMS:
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED:
11. INFORMATION ITEMS:
a. Planning Commission Roster
b. Zoning Bulletin (10/10/06 & 10/25/06)
c. Reappointment letters (Bryson & Wells)
12. COMMISSION COMMENTS & QUESTIONS:
13. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
NOVEMBER 8, 2006
7:00 P.M.
VICE CHAIR PHILIP BRYSON, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Vice Chair Bryson called the meeting to order at approximately 7:03 p.m.
1-a. Roll Call
Roll was confirmed as follows:
Commissioners present: J. Twait, S. Romain, P. Bryson, R. Wells, and R. Fulhnck
Commissioner absent: J. Jenckes
Others present: Council Member R. Ross, City Clerk C. Freas, City Planner
M. Kebschull, Department Assistant N. Carver
1-b. Swearing in of New Commissioner -- Moved to after Item 4-d.
1-c. Agenda Approval
Requested amendments to the agenda:
REMOVE: Agenda/Excused Absences (Wells)
ADD TO: Item 5-a, Staff vicinity map; Site Plan submitted by Carol
McKenzie; Letters from property owners Hammelman, Heus,
Massie, Tressler & Sandahl.
ADD TO: Item 9-b, KPB Plat Committee
ADD AS: Item 11-d, Appointment letter to Tony Lewis
MOTION:
Commissioner Twait MOVED to approve the agenda, including the lay down items for
5-a, 5-b, 9-b, and 11-d. Commissioner Romain SECONDED the motion. There were
no objections. SO ORDERED.
1-d. Excused Absences -- Roy Wells
Item removed from the agenda.
1-e. Consent Agenda
MOTION:
Commissioner Fulhnck MOVED to approve the consent agenda as presented and
Commissioner Romain SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 2: APPROVAL OF MINUTES -- October 25, 2006
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None.
ITEM 4: CONSIDERATION OF PLATS
4-a. PZ06-76 -Preliminary Plat -Baron Park Subdivision, No. 3, Lots 1B-3 &
1B-4. Plat submitted by Lounsbury & Associates, Inc., 5300 A Street,
Anchorage, Alaska.
City Planner Kebschull reviewed the staff report included in the packet, noting the plat
met city zoning requirements, no installation agreement was required, and approval
was recommended.
There were no public comments.
MOTION:
Commissioner Romain MOVED to approve PZ06-76 and Commissioner Fullinck
SECONDED the motion.
There were Commission comments.
VOTE:
There were no objections. SO ORDERED.
4-b. PZ06-77 -Preliminary Plat -Wright Subdivision (A replat of Government
Lot 21). Plat submitted by Segesser Surveys, 30485 Rosland Street,
Soldotna, Alaska.
Kebschull reviewed the staff report included in the packet, noting the plat would
subdivide a 2.5 acre parcel into two parcels; the resulting lots would meet the
minimum lot size for the zone; water/sewer was available; no installation agreement
was required; and, staff recommended approval.
There were no public comments.
MOTION:
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NOVEMBER 8, 2006
PAGE 2
Commissioner Wells MOVED for approval of PZ06-77 and Commissioner Twait
SECONDED the motion.
There were no Commission comments.
VOTE:
There were no objections. SO ORDERED.
4-c. PZ06-78 -Preliminary Plat - Illiamna View Subdivision -Massie Replat
(A replat of Illiamna View Subdivision - Resubdivision of Lot 8, Block 2).
Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai,
Alaska.
Kebschull reviewed the staff report included in the packet, noting the plat would
combine three lots into two; the minimum lot size was met for the zone; the plat would
also vacate a 20-foot utility easement; a petition to vacate the easement had been
submitted to the Borough; water/sewer is available on site; lots are accessed via
Strawberry Road or Kenaitze Court; an installation agreement was not required; and
the street name needed to be corrected. Kebschull added, staff recommendation was
to approve with the correction of the street name from Strawberry Road West to
Strawberry Road.
There were no public comments.
MOTION:
Commissioner Romain MOVED to approve PZ06-78 with the noted staff
recommendations and Commissioner Fullinck SECONDED the motion.
There were no Commission comments.
VOTE:
There were no objections. SO ORDERED.
4-d. PZ06-79 -Preliminary Plat -Strawberry Fields Forever Addition #2 (A re-
subdivision of Tracts A-1 & A-2 Strawberry Fields Forever Addition #l.).
Plat submitted by Whitford Surveying, P.O. Box 4032, Soldotna, AK
99669.
Kebschull reviewed the staff report included in the packet, noting the plat would
combine two parcels into one; the resulting parcel would meet minimum lot size
requirements for the zone; water/sewer was available on site; the parcel is accessed by
Devray Street (not maintained by the City); the lot is also accessible by Wolfe Street
(City maintained); a building permit could be issued only if the Wolfe Street access is
PLANNING & ZONING COMMISSION MEETING
NOVEMBER 8, 2006
PAGE 3
used; the plat met City zoning requirements; no installation agreement would be
`~ required and staff recommended approval.
There were no public comments.
MOTION:
Commissioner Twait MOVED to approve PZ06-79 and Commissioner Fullinck
SECONDED the motion.
There were no Commission comments.
VOTE:
There were no objections. SO ORDERED.
Item 1-b -- Administering Oath of Office
Upon arrival of Tony Lewis, Vice Chair Bryson raised a question of privilege and
requested Lewis be administered the oath of office.
City Clerk Freas administered the Oath of Office to Tony Lewis and Commissioner
Lewis took his seat on the dais.
l ITEM 5: PUBLIC HEARINGS
l
5-a. PZ06-74 - An application for a variance for minimum lot size for the
property described as Lot lA, Block 6, Redoubt Terrace Bluff View
Addition (portion of SO 1 W 1 /2 of Sec 6 & NE 1 /4 of Sec 1 All Lying North
of Cook Inlet & Excluding All Redoubt Terrace Subs), Kenai, Alaska.
Application submitted by F. DeWayne Craig, P.O. Box 1613, Kenai,
Alaska.
Bryson read the rules of conducting a public hearing. Kebschull reviewed the staff
report included in the packet, noting the applicant was wishing to settle a civil matter.
She noted the following:
• The variance is being requested to allow a minimum lot size.
• The civil matter limits the size of the plat.
• The property is zoned Conservation which lot size requirements are
20,000 square feet.
• With a variance approved, the plat could go forward to the Borough for
approval.
• Code requirements needing to be met:
• Whether special circumstances are present, etc.: Because the
applicant does not have the option to replat an area large enough to meet the
minimum lot size and it appears there are special circumstances present.
• The special conditions have not been caused by actions of the
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NOVEMBER 8, 2006
PAGE 4
applicant, etc.: Because it is a result of a civil suit; the applicant does not have
~'~ the legal ability to add additional property to the parcel; the request does not
constitute a pecuniary hardship or inconvenience.
• The granting of the variance shall not authorize a use that is not a
permitted principal use in the zoning district, etc.: The granting of the variance
would not authorize a use that is not a principal permitted use.
• The granting of the variance shall be the minimum variance that
will provide for the reasonable use of the land and/or structure: Based on the
legal agreement between the two parties, this is the minimum variance.
• The granting of a variance shall not be based upon other non-
conforming land uses, etc.: The variance is not based on the other non-
conforming land uses in the district. The City Engineer recommended, after
this process is complete, the owner should consider eliminating the lot line
which would require a rezone.
• There are no building code issues with approval of the variance,
however, if at a later date replatting would occur, the existing side yard
encroachment would be eliminated.
Kebschull added, based on the application, the request is for a variance from KMC
14.24.010, Development Requirements Table, for minimum lot size in order to record a
preliminary plat; the plat is the result of a civil suit and settles a claim for adverse
possession; the property is zoned Conservation and the minimum lot size in that zone
is 20,000 square feet; the parcel (12,266 square feet) is used as a lawn for the
applicant's developed property; water and sewer is available to the parcel; the variance
should not adversely affect neighboring properties; and, staff recommended approval.
Kebschull reviewed additional information received:
• Fred Olson -- Objects to the granting of the variance.
• Karen Carson -- Two condominiums were sold during the summer and
the new owners were notified of the actions. Kebschull explained public notice was
sent as required by Code and those notified were listed as the owners on the Borough
records (the new owners were not), therefore the code requirements were met related
to notification of the public hearing.
The floor was opened to public hearing:
Susan Anderson -- Explained she purchased a condominium in mid-September from
the Craigs; she was not notified of the plat proceedings until this date; felt more time
should be provided for the neighbors/condominium owners to review and comment;
she is concerned why the property was purchased and whether it will open the door
for building on the property; and she is concerned about bluff stability. Anderson also
noted, a condominium owner meeting was held in September and the issue was not
brought forward for discussion at that time.
Bryson noted he understood by the documentation, the property will be attached to
the larger parcel.
l
PLANNING & ZONING COMMISSION MEETING
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PAGE 5
Bazbaza Smith -- Explained she is also a condominium owner; when she purchased
her condo in 2004, she was drawn to the property for the view, landscaping, privacy,
and marketability; and, stated her concern the property may be developed and the
value of her purchase would be diminished. Smith also noted she saw a sign posted
advising of the request for variance, however it was placed in grass/bushes where it
could not be easily seen.
Kazen Cazson -- Noted some people were not notified of the hearing; identified the
Borough updates records every six months and was last updated May 30. Carson
stated the staff was doing its job.
Charles Bailey -- Explained he lives next door to Craig; has had problems in the past
in which Craig would say one thing and it ended up to be something else; and,
suggested the Commission be specific in what it grants to Craig.
Bob Friend -- Explained he is a resident of the condominium units; concerned the
property was being set up to be ready for development; concerned about building on
the bluff; and, stated concern he would lose his view.
There being no further comments, the public hearing was closed.
Commission comments included:
• Concern with comments of lack of notice. Kebschull explained the code
requirements for notice, adding the property owners of record were mailed written
notices. When she learned property owners had changed, she further reviewed tax
records to acquire addresses and sent notices.
MOTION:
Commissioner Twait MOVED to approve PZ06-74 and Commissioner Romain
SECONDED the motion.
MOTION TO POSTPONE:
Commissioner Fullinck MOVED to postpone consideration of PZ06-74 until December
13, 2006. Commissioner Twait SECONDED the motion.
Discussion followed during which comments included:
• Fullinck stated his concern some property owners were not timely
notified and thought additional time should be given for them to research the issue.
• Referring to the legal documents, Bryson stated he believed the property
was to be considered a single part of the property owned by the Craigs; believed it
means the property is to be attached to the adjacent parcel; if the court order were
carried through as he understands it, there would have been a plat before the
Commission containing this parcel and the adjacent parcel, eliminating the lot line
between them; in that way, the statement would have been validated contained in the
court order; and, if they would be attached, it would anon-issue as it would be
PLANNING & ZONING COMMISSION MEETING
NOVEMBER 8, 2006
PAGE 6
considered one parcel and the zoning requirements for area coverage, side setbacks,
~~ etc. would be addressed.
• Kebschull explained the applicant had the opportunity to do what Bryson
suggested or request a variance. Bryson's suggestion would have required a rezone of
the area which would have taken more time; the court document, the City Attorney
reviewed it, and felt it had no bearing on the city; and the City is only considering the
plat and application before the Commission.
• Bryson noted the tract proposed had no right-of--way dedicated for
access. Kebschull indicated that was true, but staff comments recommended an
access easement or right-of--way be required. It was her understanding the Borough
staff would be recommending a 30-foot right of way be dedicated.
VOTE ON MOTION TO POSTPONE:
Twait Yes Jenckes Absent Romain Yes
B son No Lewis Yes Wells Yes
Fullinck Yes
MOTION TO POSTPONE PASSED.
5-b. PZ06-75 - An application for a Conditional Use Permit to operate, a Bed
& Breakfast for the property described as Lot 2, Block 2, Illiamna View
Subdivision, 4520 Kenaitze Court, Kenai, Alaska. Application submitted
by Carol L. McKenzie, 4520 Kenaitze Court, Kenai, Alaska.
Kebschull reviewed the staff report included in the packet, noting the intent and
criteria for issuing a conditional use permit and the requirements for establishing a
bed & breakfast. Also noted were:
• Comments/letters of adjacent property owners were distributed to the
Commission and added to the packet.
• Concerns of neighbors include traffic in the residential neighborhood and
off-street parking.
• Suggestion to consider approving a temporary permit to see if the
business would affect the neighborhood.
Kebschull indicated staff recommendation as:
• The application indicates the proposed bed and breakfast meets the
requirements for a conditional use permit.
• The permit could not be issued until the City has received a copy of the
business license for the proposed bed and breakfast.
• The City has received verification from the Kenai Peninsula borough the
business is registered to collect sales tax and is current with reporting.
• A final inspection has been conducted for Building Permit B-4253 and
any discrepancies must be corrected.
• The residence has been inspected by the Fire Marshall and meets all fire
code requirements for said use (a yearly certification is required).
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PAGE 7
Public comment included:
Cliff Heus, 4540 Kenaitze Court, Kenai -- Mr. Heus explained he lives next to the
proposed site of the bed and breakfast; he wants to be assured the business is being
run properly and if it is not, what would be the procedure to use and how quickly
could the problem be resolved; and, he believed the worst problem would be too many
boats parked on the street.
Kebschull explained the process of processing a complaint and revocation hearing
requirements.
John Hammelman, 4570 Kenaitze Court, Kenai -- Mr. Hammelman explained he
submitted a letter along with others from the neighborhood; would like the permit re-
evaluated in one year instead of going through acomplaint-driven process; and, if
there are problems with off-street parking, they would become apparent in a year.
Carol McKenzie, 4520 Kenaitze Court, Kenai -- Ms. McKenzie noted the following:
• She is the applicant and understands concerns of the neighbors.
• She did not believe the business would affect neighborhood traffic more
than it is currently.
• Dust could be a problem as it is a gravel street.
• The Tresslers and Heus' would be the only homes affect by traffic.
• Her business would be open only May to September.
• Her daughter hues nearby and clients with boats could probably park
them on her long driveway.
• She is on the list for fire inspection.
• Assured the Commission any corrections (fire/building) would be in
accordance with the City Code.
• She would have guidelines of conduct for her clients.
• She and her neighbors are compatible and believed the business would
be a minimum impact on the them.
• The clients would be parking on her property and not on the street.
• She had no objection to granting of a temporary permit from May
through September.
Mike Wiley -- Reported he has hued in the McKenzie home and thanked the city for
the quick fire protection response; believed the proposed bed and breakfast would
have a positive economic impact to the city; and, there is enough area to accommodate
off-street parking of guests' vehicles.
Steve Tressler, 4530 Kenaitze Court, Kenai -- Mr. Tressler noted the following:
• He would like the permit reviewed in October.
• He is concerned with additional pets being at the McKenzie and
explained, the covenants allow only two per home and that allowance is already
fulfilled.
PLANNING & ZONING COMMISSION MEETING
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PAGE 8
Kebschull explained the Commission could place a requirement that no pets would be
allowed and that the Code refers to the number of pets allowed.
There being no further public comments, the public hearing was closed.
MOTION:
Commissioner Romain MOVED to approve PZ06-75 with the noted staff requirements
1-a through 1-d (included in the staff report) with the time limit to expire at
September, 2007. Commissioner Lewis SECONDED the motion.
Commission comments included:
• Concern placing a limit on the length of the permit would be setting a
precedence. Kebschull reported time limits have been set on permits in the past,
however not on a permit for a bed and breakfast establishment.
Commissioner Romain noted the intent of his motion was to review the permit in
September, 2007, not to have it expire. The Commission had no objections to
adjusting the motion to reflect a review.
RESTATEMENT OF MOTION:
Commissioner Romain MOVED to approve PZ06-75 with the noted staff requirements
1-a through 1-d (included in the staff report) with the time limit to be reviewed in
September, 2007. Commissioner Lewis SECONDED the motion.
Kebschull stated concern about the McKenzie suggestion boats could be parked at her
daughter's as it could also require a conditional use permit to allow a commercial use
of her property and she would want to research the issue prior to any statement it
would be allowable or permitted. Bryson noted, the motion included no statement
related to parking at the daughter's property.
VOTE:
There were no objections. SO ORDERED.
Kebschull reviewed the rules of appeal, noting appeals would have to be filed with the
City Clerk within 15 days of the action taken.
ITEM 6: OLD BUSINESS -- None.
ITEM 7: NEW BUSINESS -- None.
ITEM 8: PENDING ITEMS -- None.
ITEM 9: REPORTS
PLANNING & ZONING COMMISSION MEETING
NOVEMBER 8, 2006
PAGE 9
9-a. City Council -- Council Member Ross reviewed the action agenda of the
November 1, 2006 council meeting which was included in the packet.
9-b. Borough Planning -- No report.
9-c. Administration -- Kebschull reported the following:
• Action on the mobile home park code amendments had been postponed
to the November 21, 2006 council meeting in order for administration to meet with
mobile home park owners to review the ordinance. A substitute ordinance may be
prepared in response to the meeting.
• The Lowe's plat is being fast-tracked to get the project moving. Lowe's is
hoping to break ground in May.
• Administration met with court house expansion project representatives.
The project is hoped to break ground in the Spring and the building completed next
summer.
• She received a preliminary site plan for development of a box store and
Aspen Hotel beside the Three Bears property.
• Suggested a work session on the mixed use zone (identifying an area of
the city that could be rezoned) be scheduled for the first meeting in January.
Commissioners had no objections.
ITEM 10: PERSONS PRESENT NOT SCHEDULED
John Hammelman -- Mr. Hammelman commented on his participation in the meeting
from the audience side instead of as a member of the Commission. He complimented
the Commission on their interaction with the public; hearing results; and, the City's
great staff and council.
ITEM 11: INFORMATION ITEMS
11-a. Planning Commission Roster
11-b. Zoning Bulletin (10/10/06 & 10/25/06)
11-c. Reappointment letters (Bryson & Wells)
ITEM 12: COMMISSION COMMENTS & QUESTIONS
Commission members welcomed Lewis as a member of the Commission.
ITEM 13: ADJOURNMENT
MOTION:
Commissioner Fullinck MOVED to adjourn and Commissioner Wells SECONDED the
motion. There were no objections. SO ORDERED.
l PLANNING & ZONING COMMISSION MEETING
NOVEMBER 8, 2006
PAGE 10
There being no further business before the Commission, the meeting adjourned at
approximately 8:20 p.m.
Minute~s~p®repared/a~n~d submitted by:
~~~~ti1"t- . ~T
Carol L. Freas, City Clerk
PLANNING & ZONING COMMISSION MEETING
NOVEMBER 8, 2006
PAGE 11