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HomeMy WebLinkAbout2006-12-13 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA December 13, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Excused Absences 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. *November 8, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ06-80 -Preliminary Plat -Baron Park 2007 Replat. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. b. PZ06-83 -Preliminary Plat -General Aviation Apron Subdivision No. 4. Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. c. PZ06-86 -Preliminary Plat -Lot 10A, Cook Inlet Industrial Air Park. Plat submitted by Rodney P. Kinney Associates, Inc., 16515 Centerfield Drive, #101, Eagle River, Alaska. 5. PUBLIC HEARINGS: a. PZ06-82 - An application for a Conditional Use Permit for Business/Consumer Services (Commercial kitchen with off-site catering and on-site meal preparation sessions) for the property known as 509 Overland Avenue (Lot 4, Block 5, Original Townsite of Kenai). Application submitted by Laura Ganshow, The Family Table, LLC, 1611 Aliak Drive, Kenai, Alaska. 6. OLD BUSINESS: 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 & NE1/4 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. (Postponed from November 13, 2006 meeting.) b. Proposed Rezone of Angler Acres area -Discussion. 7. NEW BUSINESS: a. *PZ06-81 - An application for a home occupation for a daycare for the property known as 2620 VII' Drive (Lot 10, Block 2, VIP Ranch Estates), Kenai, Alaska. Application 1~ submitted by LaRae Selfridge dba Happy Hearts Child Care, 2620 VIP Drive, Kenai, Alaska. b. PZ06-84 (PZO1-11) -Transfer of Conditional Use Permit- Hotel (Short-term Recreational Rentals) from Bryan Lowe, Hi-Lo Charters to Hal Westbrook, Member of Blue Heron Land Company, LLC for the property known as Lot 1, Block 2, Angler Acres Subdivision No. 1 (1230 Angler Drive), Kenai. Application submitted by Hal Westbrook, Member, Blue Heron Land Company, LLC, 560 Curry Road, Roseburg, Oregon. c. PZ06-85 (PZOS-26) -Transfer of Conditional Use Permit- Hotel, Guide, & Boat Parking from Bryan Lowe, Hi-Lo Charters to Hal Westbrook, Member of Blue Heron Land Company, LLC for the property known as Lot 6, Angler Acres Subdivision Part 3 (1105 Angler Drive), Kenai. Application submitted by Hal Westbrook, Member, Blue Heron Land Company, LLC, 560 Curry Road, Roseburg, Oregon. d. Ordinance No. 2200-2006 -Repealing the Existing Title 22 of the Kenai Municipal Code and Replacing it With a New Title 22 Entitled, "General Fund Lands." Discussion. 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. "Zoning Bulletin" (11/10/06 & 11/25/06) 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION DECEMBER 13, 2006 - 7:00 P.M. KENAI CITY COUNCIL CHAMBERS VICE CHAIR PHIL BRYSON, PRESIDING MINUTES ITEM 1: CALL TO ORDER 1-a. Roll Call Vice Chair Bryson called the meeting to order at approximately 7:06 p.m. Roll was confirmed as follows: Commissioners present: J. Jenckes, P. Bryson, T. Lewis, R. Wells, R. Fulhnck, and J. Twait. Commissioners absent: S. Romain Others present: City Planner M. Kebschull, Department Assistant N. Carver, City Clerk C. Freas, Council Member R. Ross A quorum was present. 1-b. Agenda Approval Chair Bryson requested the following items be added to the meeting packet: ADD TO: ADD AS: ADD AS: ADD TO: MOTION: Item 6-a, PZ06-74/Craig Application for Variance -- Letter from Bob Friend, President/Bluff View Condo Association. Item 6-a, PZ06-74/Craig Application for Variance -- Written Statement by Susan Anderson. Item 7-e, Discussion/Code Amendment, KMC 14.20.250 -- Off- Street Parking and Loading Requirements. Item 7-f, Discussion/Code Amendment, K1VIC 14.25 -- Landscaping/Site Plan Regulations. Item 9-a, 11/21/06 Council Meeting Action Agenda. Commissioner Twait MOVED to approve the agenda and include the lay down items as listed and requested UNANIMOUS CONSENT. Commissioner Jenckes SECONDED the motion. There were no objections. SO ORDERED. 1-c. Excused Absences -- None. 1-d. Consent Agenda MOTION: Commissioner Fullinck MOVED to approve the consent agenda as presented and Corrunissioner Jenckes SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- November 8, 2006 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4-a. PZ06-80 -Preliminary Plat -Baron Park 2007 Replat. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. City Planner Kebschull reviewed the staff report included in the packet and noted, the plat, as submitted, met the City's zoning requirements, no installation agreement would be required, and staff recommended approval. The floor was opened to public hearing. There being no one wishing to speak to the issue, the public hearing was closed. There was no Commission discussion. MOTION: Commissioner Jenckes MOVED to approve PZ06-80 and Commissioner Wells SECONDED the motion. VOTE: There were no objections. SO ORDERED. 4-b. PZ06-83 -Preliminary Plat -General Aviation Apron Subdivision No. 4. Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. Vice Chair Bryson reported he would abstain from voting on PZ06-83 and PZ06-86. Bryson passed the gavel to Commissioner Twait. Kebschull gave an overview of the staff report included in the packet noting the plat would reconfigure two parcels on the Kenai Airport, vacate a 50-foot right-of--way and would dedicate a 50-foot right of way; through this, access to lease lots will be provided and the development of a parking lot; water/sewer is available; the plat, as submitted, would meet city requirements; and approval was recommended with the requirement the vacated right-of--way must be dedicated as a utility easement. PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 2 The floor was opened for public hearing. There being no one wishing to speak to the issue, the public hearing was closed. MOTION: Commissioner Lewis MOVED to adopt PZ06-83 and Commissioner Wells SECONDED the motion. There were no Commission comments. VOTE: There were no objections (one abstention). SO ORDERED. The gavel was returned to Vice Chair Bryson. 4-c. PZ06-86 -Preliminary Plat -Lot 10A, Cook Inlet Industrial Air Park. Plat submitted by Rodney P. Kinney Associates, Inc., 16515 Centerfield Drive, # 101, Eagle River, Alaska. Kebschull reviewed the staff report included in the packet noting, the plat would remove the interior lot lines to create one large lot from three; the resulting lot would meet development requirements for the General Commercial zone; the courthouse was built across the interior lot line between Lots 11 and 12; removing the interior lot lines would eliminate anon-conforming structure; the plat was being processed to allow for a planned addition to the structure; without the removal of the lot lines, a building permit could not be issued; water/sewer serve the parcels; and, an installation agreement would not be required. Kebschull reported staff recommended approval with a required removal of "Beaver Loop Road" on the plat and replacement with the correct street name "Main Street Loop. The floor was opened for public hearing. There being no one wishing to speak to the issue, the public hearing was closed. MOTION: Commissioner Jenckes MOVED for the approval of PZ06-86 including staff recommendations on the name correction. Commissioner Fullick SECONDED the motion. There were no comments of Commission. VOTE: _~ PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 3 There were no objections (one abstention). SO ORDERED. ITEM 5: PUBLIC HEARINGS 5-a. PZ06-82 - An application for a Conditional Use Permit for Business/Consumer Services (Commercial kitchen with off-site catering and on-site meal preparation sessions) for the property known as 509 Overland Avenue (Lot 4, Block 5, Original Townsite of Kenai). Application submitted by Laura Ganshow, The Family Table, LLC, 1611 Aliak Drive, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting the criteria for issuing a conditional use permit; the applicant leased the building to relocate a catering business to the building; a Conditional Use Permit is required to operate the kitchen from the building; the use is consistent with the purpose of the TSH Zone; the value of the adjoining property and neighborhood would not be significantly impaired; the proposed use would be in harmony with the comprehensive Plan; public services and facilities would be adequate to serve the proposed use; the proposed use would not be harmful to the public safety, health or welfare; an agreement has been made to use adjacent properties for parking overflow and snow storage; if the Conditional Use Permit is approved, and, a building permit would be issued for alterations to the building to allow the commercial-type kitchen. Kebschull noted staff recommendations included all off-street parking to be located at 509 and 513 Overland Avenue or at public parking along Overland Avenue; commercial deliveries to the business may not block Overland Avenue; a copy of a current State of Alaska business license must be on file with the City; verification from the Kenai Peninsula Borough that the business is in compliance with sales tax reporting requirements; and, a Certificate of Occupancy must be issued by the Building Official. The floor was opened to public hearing. Laura Ganshow, 1611 Aliak Drive, Kenai -- Ganshow (applicant) explained her business is "The Family Table"; she believed the business would fit into and enhance the Townsite Historic Zone; other businesses in the area have stated their non- objection to her business; and, she read into the record a letter from Diane Hurst of "The Burger Bus." Discussion followed in which comments included: • She would be amenable to the requirement the permit would be contingent upon the parking area being on adjacent property; she was given written permission from the adjacent property owner; her business is by appointment and parking can be controlled. • She has athree-year lease and has received a guarantee from the adjacent property owner that during the lease, permission will continue for use of the property for a parking area. PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 4 • She does not expect additional parking needs for her off-site catering business as the food would be prepped in the kitchen and taken elsewhere to be cooked. • She usually has one delivery a week and a delivery door was available. There being no others wishing to speak to the issue, the public hearing was closed. MOTION: Commissioner Fullinck MOVED to approve PZ06-82 and Commissioner Wells SECONDED the motion. Commissioner comments included: • The business would fit into the area without causing problems with existing uses. • A document was on file from the owner of the adjacent property owner related to use of the property for parking and snow storage. • With public parking at 509 Overland, there should be sufficient parking available. MOTION TO AMEND: Commissioner Lewis MOVED to amend by including the recommendations listed in the report provided by city administration. Commissioner Jenckes SECONDED the motion. VOTE ON AMENDMENT: There were no objections. SO ORDERED. VOTE ON MAIN AMENDED MOTION: There were no objections. SO ORDERED. Kebschull noted all decisions of the Commission were subject to appeal; appeals must be submitted within 15 days from the action; and, appeals are required to be in writing on city forms and submitted to the City Clerk. ITEM 6: OLD BUSINESS 6-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. (Postponed from November 13, 2006 meeting.) PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 5 Kebschull explained, the public hearing on PZ06-74 had been postponed from the Commission's November meeting and noted the two letters submitted by Bob Friend and Susan Anderson written in opposition to the variance request (added to the packet at the beginning of the meeting). Kebschull reviewed the staff report included in the packet, and noted the parcel was below the minimum lot size required for the Conservation Zone; the plat to subdivide the parcel from a larger parcel was filed as the result of a legal action; because the applicant did not have the opportunity to create a larger lot, staff felt it met the criteria for a variance; there is an issue with access to the lot and it was recommended access must be provided either by dedicating an extension of the South Forest Drive right-of- way or recording an access easement for the parcel; if the variance is not approved, the applicant could attach the property to Lot 1, which would require a code amendment; and, a copy of the Borough Planning Commission comments were also included in the packet as well as comments from individuals from the November public hearing. The floor was opened for public hearing. Susan Anderson, P.O. Box 1093, Sterling, Alaska -- Read the statement previously submitted (and added to the packet at the beginning of the meeting) into the record which noted her opposition to approval of the variance. She also reported she had made a formal request to the applicant to remove his application. Discussion followed which included the following: • Anderson was aware of the status of the underlying property (Lot 1, Block 6) and noted, the Borough records indicated the Craig's as the owners. • The structures on the lot are condominiums (Bluff View Condominiums). • The adverse possession lawsuit between Craig/Loftstedt came up on the title report when she was in the process of buying her condominium; the report noted the lawsuit referred to the front Conservation-zoned lot; Craig commented he was acquiring the lot so nothing would be able to be built in front of the condominiums. • It would be a legal question to learn if the structures were a part of the condominium complex and if the property would be in common ownership by the condominium owners. • Anderson found, on borough records, the property lying under the condominium complex owned by the Craig's and not the condominium association name. • Her major concern is the subject property would be platted as a separate piece, sell it, and the possibility something could be built in front of the condominiums. • She was told by another condo owner, in a recent telephone conversation, Craig indicated his intention to build on the subject property himself. PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 6 • She opposes the granting of the variance to create a lot smaller than the minimum size; the court stated it should be one lot, not make it a separate lot; and, the lot should not violate city lot size limits. Bob Friend, 406 South Forest Drive, #1, Kenai -- Friend introduced himself as the President of the Bluff View Condo Association. Friend indicated there were five units; he bought his condominium more than a year ago; the court had made its declaration long before he bought his unit; he was told only that the property was zoned Conservation; he would find it difficult to believe the Commission would go against a court order; the 90-day issue does not hold water; Craig knew about the issue for several years; and, Craig sold the five condominium units. • As president of the Association, he was not familiar with the Horizontal Regimes Act (related to jointly and separately-owned property on single tracts); and, he thought the Association owned the land beneath the complex as a unit, but knows now it is not. Barbara Smith, Kenai -- Smith reported she owns a condominium in Bluff View Condominium complex at 406 South Forest Drive; she is a member of the Bluff View Homeowners Association; she stated her support and complete agreement with the statements of objection presented by Friend on behalf of the Association and Anderson; any change made to the property would negatively impact the complex property, the adjacent homeowners' property on the bluff and, and the stabilization of the bluff property itself. Heather Petro, Kenai -- Petro stated she was opposed to the variance; she bought her condominium for the view and did not think anyone could build in front; and, she agreed with what Friend and Anderson stated in their letters. There being no one else wishing to speak to the issue, the public hearing was closed. MOTION: Commissioner Jenckes MOVED to approve PZ06-74 and Commissioner Fullinck SECONDED the motion. Commission discussion followed with comments including: • Action on the variance and plat would be two separate actions. • If the variance is approved, the applicant could file the final plat and the property would remain zoned Conservation. To develop the property as allowed by the Land Use Table would require a conditional use permit. • The Borough recommendation stated either the plat would need to be made a part of the adjacent parcel or access would have to be dedicated. • Before combining the two pieces of property, a rezone of the Conservation zoned property would have to take place. • Whether the underlying complex property should be owned in common with the Association was a legal question; the city attorney reviewed the court order PLANNING & ZONING COMMISSION MEETING DECEMBER 13> 2006 PAGE 7 and indicated the court did not have authority to bind the city because the city is not apart of the lawsuit. • This is the only lot in the subdivision that would meet the below- minimum lot size zoned Conservation. The majority of lots in the subdivision are zoned Suburban Residential. Bryson stated he did not feel the proposed variance met the conditions listed in Item 2 of the staff report; it was directly represented in the court order the subject property is to become part of the larger tract; if the subject property is not a part of the larger tract, it was a situation caused by the applicant's attempt to create a separate parcel; and, he would oppose the variance request. Jenckes stated he agreed with Bryson, the condominium owners, the impact that could occur to the condominium owners; the valuation of their property based on what may transpire with the subject property, including the access issues, the character and nature of the area, bluff concerns; and, would oppose the issuance of the variance. Wells stated he agreed with Jenckes and Bryson and would oppose the issuance of the variance. He noted, he believed if the variance would be granted, it would go against the court order (knowing the order was not binding to the city), and, felt there were compelling arguments of the residents there could be devaluation to their property. Lewis noted, a vote in favor of the issuance of the variance would not change any usage or zone of the property; he has serious concerns with the request, including the access; this Commission action would not give the applicant the ability to build on the property, automatically combine the subject lot with the adjacent lot or zoning; and, would go against the court order. It was noted, the applicant could gain access to the property from the adjacent lot; acquire an easement from Loftstedt/Near group, or acquire aright-of--way from the Loftstedt/Near group. VOTE: Jenckes No Romain Absent B son No Lewis No Wells No Fullinck No Twait No MOTION FAILED UNANIMOUSLY. Bryson noted the appeal process and that appeals would need to be received in writing by the City Clerk within 15 days of the action. BREAK TAKEN: 8:06 P.M. BACK TO ORDER: 8:13 P.M. PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 8 6-b. Discussion -- Proposed Rezone of Angler Acres area. Kebschull reported property owners of Angler Acres and South Ames Road were sent information and asked if they were interested in a rezone of their areas; responses from Angler Acres were generally in support of a rezone, however Ames Road residents were against any rezone; and, Kebschull requested direction as to whether to bring the rezone forward or close the file. A brief discussion followed and comments included: • Consideration of a rezone should be closed until a petition is received from the property owners. • With a large amount of the lots in Anglers Acres possessing condition use permits, it seemed like the area is incorrectly zoned. • There are no limits to the amount of conditional use permits allowed in an area. MOTION: Commissioner Twait MOVED to proceed with a rezone of Anglers Acres and Commissioner Jenckes SECONDED the motion. VOTE: Jenckes No Romain Absent B son No Lewis No Wells No Fullinck No Twait No MOTION FAILED UNANIMOUSLY. ITEM 7: NEW BUSINESS 7-a. P206-81 - An application for a home occupation for a daycare for the property known as 2620 VIP Drive (Lot 10, Block 2, VIP Ranch Estates), Kenai, Alaska. Application submitted by LaRae Selfridge dba Happy Hearts Child Care, 2620 VIP Drive, Kenai, Alaska. Approved by consent agenda. 7-b. PZ06-84 (PZO1-11) -Transfer of Conditional Use Permit- Hotel (Short- term Recreational Rentals) from Bryan Lowe, Hi-Lo Charters to Hal Westbrook, Member of Blue Heron Land Company, LLC for the property known as Lot 1, Block 2, Angler Acres Subdivision No. 1 (1230 Angler Drive), Kenai. Application submitted by Hal Westbrook, Member, Blue Heron Land Company, LLC, 560 Curry Road, Roseburg, Oregon. PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 9 Kebschull reviewed the staff report included in the packet and the floor was opened to public hearing. There being no one wishing to comment on PZ06-84, the public hearing was closed. MOTION: Commissioner Jenckes MOVED for the approval of PZ06-84 and Commissioner Wells SECONDED the motion. VOTE: There were no objections. SO ORDERED. 7-c. PZ06-85 (PZ05-26) -Transfer of Conditional Use Permit--Hotel, Guide> & Boat Parking from Bryan Lowe, Hi-I.o Charters to Hal Westbrook, Member of Blue Heron Land Company, LLC for the property known as Lot 6, Angler Acres Subdivision Part 3 (1105 Angler Drive), Kenai. Application submitted by Hal Westbrook, Member, Blue Heron Land Company, LLC, 560 Curry Road, Roseburg, Oregon. Kebschull reviewed the staff report information included in the packet and the floor was opened to public hearing. There being no one wishing to comment on PZ06-85, the public hearing was closed. MOTION: Commissioner Wells MOVED for the approval of PZ06-85, the transfer of a conditional use permit and Commissioner Fullinck SECONDED the motion. VOTE: There were no objections. SO ORDERED. 7-d. Discussion -- Ordinance No. 2200-2006 -Repealing the Existing Title 22 of the Kenai Municipal Code and Replacing it With a New Title 22 Entitled, "General Fund Lands." Kebschull reported council requested the Commission to review the proposed changes to Title 22, which would replace the existing Title 22 related to General Fund Lands. Council Member Ross noted KMC 22.05.040(c) would affect the Commission. He noted, the wording included a change from "will" to "may" related to lease proposal processes because the Commission would be advisory and the "will" wording would have conflicted with city code. The Commission took no action. PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 10 _~ 7-e. Discussion -- Code Amendment/KMC 14.20.250 -- Off-Street Parking and Loading Requirements. Kebschull reported a public hearing was planned to be scheduled for January 10 related to code amendments to KMC 14.20.250. The amendment would clarify and update the existing code. Commission stated no objections to the scheduling of the public hearing. 7-f. Discussion -- Code Amendment/KMC 14.25 -- Landscaping/Site Plan Regulations. Kebschull reported a public hearing was planned to be scheduled for January 10 related to code amendments to KMC 14.25 and if the amendments are approved, would require development of residential property consisting of four or more family dwellings to be required to fulfill landscaping requirements of KMC 14.25. Commission stated no objections to the scheduling of the public hearing. ITEM 8: PENDING ITEMS -- None. ITEM 9: REPORTS 9-a. City Council -- Council Member Ross reviewed the action agenda of the November 21, 2006 City Council meeting and noted the ordinance brought forward related to requiring four-stroke engines only on the Kenai River from below the Warren Ames Bridge. He noted the issue was brought forward to initiate discussion and keep the city at the table. 9-b. Borough Planning -- Bryson reported the minutes of the last meeting were included in the packet. 9-c. Administration -- Kebschull reported she planned to schedule a work session to identify an area to be considered for the mixed use zone. Conunission had no objections. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 11: INFORMATION ITEMS 11-a. "Zoning Bulletin" (11 / 10/06 & 11 /25/06) ITEM 12: COMMISSION COMMENTS & QUESTIONS Wells -- No comments. Fullinck -- No comments. Twait -- Reported he would be absent from the January 10, 2007 meeting. Jenckes -- Wished all happy holidays. PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 11 Lewis -- No comments. ITEM 13: ADJOURNMENT MOTION: Conuiussioner Fullinck MOVED to adjourn and Commissioner Lewis SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:45 p.m. Minutes prepared and submitted by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING DECEMBER 13, 2006 PAGE 12