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HomeMy WebLinkAbout2007-01-24 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS January 24, 2007 ~ 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Excused Absences *James Jenckes 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 na 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 10, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ07-04 -Preliminary plat for Sprucewood Glen Subdivision No 9 (A resubdivision of Sprucewood Glen Subdivision Lots A3 & A4, KRD 84-305 & Lot A2-B, KRD 86-114}. Plat submitted by McLane Consulting, Inc., P.O. Box 468, Saldatna, Alaska. b. PZ07-OS -Preliminary plat for Williams Subdivision & ROW Easement Vacation (A resubdivision of Government Lot 941ocated within the SE %4 Section 34, T6N, R11 W, S.M.}. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. c. PZ07-06 -Preliminary plat for Redoubt Terrace, Bluff View Replat (A replat of Lot 1, Block 6, Redoubt Terrace Subdivision, Additional Na. 3 and a subdivision of a portion of Government Lot 5 located within the SE %4 NW '/a Section 6, TSN, R11 W, S.M.}. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: 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. Building Permit Summary 2QQ6 b. Conditional Use Permits Yearly Report c. Planning & Zoning Commission roster 12. COMMISSION COMMENTS & QUESTIONS: I3. ADJOURNMENT: CITY OF KENAI PLANNING 8a ZONING COMMISSION CITY COUNCIL CHAMBERS JANUARY 24, 2007 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. 1-a. Ro11 Ca11 The roll was taken by Contract Secretary Roper and confirmed as follows: Commissioners Present: P. Bryson, T. Lewis, R. Fullinck, S. Romain, R. Wells, J. Twait Commissioners Absent: J. Jenckes Others Present: Council Member Ross, City Planner Kebschull, Contract Secretary Roper A quorum was present. 1-b. Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. 1-e. Excused Absences -- Commissioner Jenckes Approved by consent agenda. 1-d. Consent Agenda MOTION: Commissioner Fullinck MOVED to approve the consent agenda and Commissioner Lewis SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- January 10, 2007 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- Nane ITEM 4: CONSIDERATION OF PLATS 4-a. PZ07-04 -- Preliminary Plat for Sprucewood Glen Subdivision No 9 (A xesubdivision of Sprucewood Glen Subdivision Lots A3 & A4, KRD 84- 305 8~ Lot A2-B, KRD 86-114). Plat submitted by McLane Consulting, Inc., P.O. Box 458, Soldotna, Alaska. City Planner Kebschull Hated the following: • The plat would subdivide three parcels to create five parcels of various sizes. • The properties are zoned General. Commercial and the resulting lots would meet the zone requirements. • Thexe are cross-access agreements between parcels to provide ingress and egress to the Kenai Spur Highway. • There is a recorded right-of--way agreement for access off Walker Lane. • Lot A-1 has a building code violation but it is not a part of this plat. • Staff recommended approval. Commissioner Twait read the rules of a public hearing and opened the meeting for public comments. There were no public ar Commission comments. MOTION: Commissioner Bryson MOVED to adopt PZ07-04 and Commissioner ~xllinck seconded the motion. VOTE: There were na objections. SO ORDERED, 4-b. PZ07-05 -- Preliminary Plat for Williams Subdivision 8v ROW Easement Vacation (A resubdivision of Government Lot 941ocated within the SE 1/4 Section 34, T6N, R11W, S.M.). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. City Planner Kebschull noted the following: • A vacation of the 33-foot ROW easement was approved for the south 33~ foot of Government Lot 94 in October 2005, however, a 15-foot utility easement was retained. • When this plat was received, administration believed it was formalizing the 2005 vacation. • The surveyor had advised they are starting the process over because of the delay and that they no longer want to dedicate the 15-foot utility easement. • Kebschull advised the applicant that if this plat was to start the vacation process over, the City would not formally receive the vacation until the Borough has approved it; at that time, Council would have 30 days to veto or approve the vacation; and, Administration would be recommending to Council the vacation be vetoed if it did not include the utility easement. PLANNING Ss ZONING COMMISSION MEETING JANUARY 24, 2007 PAGE 2 • In 1996 asingle-family dwelling was built on, the lot and the City has verification that there are no encroachments. • The City Engineer noted the 15-foot utility easement would match the one retained along the southerly adjoining lat. • The easement also coincides with the 15-foot setback for that zone. • Staff recommended approval with the requirement the plat be corrected to show the 15-foot utility easement along the south property line. ChairmanTwait opened the meeting for public comment. Cliff Baker, Integrity Surveys, Kenai, Alaska -- Mr. Baker reported he was representing the property owner, John Williams who was out of town and unable to attend the meeting. Baker requested the item be postponed to the next meeting. The public comment portion of the meeting was closed. MOTION: Commissioner Bryson MOVED to postpone PZ07-05 until the next regular Planning and Zoning meeting and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. 4-c. PZ07-06 -- Preliminary Plat for Redoubt Terrace, Bluff View Replat (A replat of Lot 1, Block 6, Redoubt Terrace Subdivision, Additional No. 3 } and subdivision of a portion of Government Lot 5 located within the SE '/4 NWS i/4 Section 6, TSN, R11W, S.M.). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. City Planner Kebschull noted the following: • Approval of the plat would subdivide 12,226 sq. ft. from Government Lot 5 and combine it with the current Lot 1. • The new parcel would create a split zone situation with the new portion being zoned Conservation and the original lot being zoned Suburban Residential. • The parcel would be served by city water and sewer, would accessed off South Forest Drive and Toyon Way, and an installation agreement would not be required. • The structure located on the current Lot 1 was granted an encroachment permit on appeal for 9.9 feet into the side yard setback. This plat would eliminate the encroachment. • According to City and Borough records, Lot 1, Block 6 was developed with asix-unit condominium with multiple owners. • Ownership of the parcel should be verified. • Staff recommended approval with the recommendation the applicant request and receive a rezone of the Conservation portion of the lot to Suburban Residential and correct the street name to South Forest Drive. PLANNING 8~ ZONING COMMISSION MEETING JANUARY 24, 2007 PAGE 3 Commissioner Twait opened the meeting to public comment. Cliff' Baker, Integrity Surveys, Kenai, Alaska -- Mr. Baker noted the following: • He was representing the property owner and noted the plat had been approved by the Borough as an either/or situation (as a separate parcel or as an addition to~the Craig parcel.) • He was not sure how the City was looking at it. • The retaining wall owned by the City at end of Forest Drive was encroaching on the property, however there appeared to be an easement but he did not have an opportunity to research it. • He was bringing the encroachment to the Commissions' attention because verification there were no encroachments was a condition of the plat being approved. Commission discussion followed and comments included: • Commissioner Bryson asked if the 35 feet on the south end was on the subdivided area and Baker replied it was like a flagged portion. Commissioner Bryson suggested it be so designated and Baker indicated he may do that. • Baker, referring to staff's recommendation of a rezone, stated that if the rezone was done before the plat was recorded, then there would be a split-zone on the other piece of property without a complete, legal description to fit it and it seemed the rezone should be done after it is recorded so one would know what to take out of the other parcel. • City Planner Kebschull stated that had been a problem but staff had found in the past that with subdivisions they do not fulfill all the requirements prior to the recording and oftentimes they do not come back. • Kebschull added, the large unsubdivided remainder was already asplit- zone situation with Suburban Residential on the west side and Conservation along the bluff and was currently not an issue. • Baker asked if it was staff's recommendation that they go ahead and split zone before it is recorded and Kebschull stated staff was recommending it be rezoned so it would not be a split-zoned parcel. Public comment was closed. MOTION: Commissioner Romain MOVER to approve PZ07-06 and Commissioner Fullinck SECONDED the motion. Discussion continued with comments including: • Bryson stated, by interpretation it meant the zone edges would run along the property line. • Kebschull replied, they did not in the past; there were large areas zoned according to the use of the property which the city has been working to clean up; staff was recommending a rezone but if the Commission felt it was not reasonable, then PLANNING 8a ZONING COMMISSION MEETING JANUARY 24, 2007 PAGE 4 they could recommend it not be rezoned. However, if there was interest to build on the parcel in the future, a rezone would be required. Kebschull was asked what benefit would there be to rezone and she indicated that could not be addressed. • Baker reported this had been in dispute for quite some time and indicated his client believed he owned out to where the bluff breaks over. As a result, his client developed his property based an that and he was actually encroaching in the rear property setback on the existing parcel. Baker added his client had landscaped the area anal had been using it as part of his property although it belonged to somebody else. The plat now before the commission would resolve the encroachment into the rear yard setback once it is moved to the top of the bluff, It would be a protection for the current owner because there is probably a half acre that fits and if someone wanted to rezone, they could build in front of this client's view. Baker reported the court decided that since his client had been using the property, the owner could not restrict him from using it and had to sell it to him. • Kebschull noted, in addition, the Borough would not allow transfer without the property being platted. Discussion followed related to who actually owned the property and it was Hated the Borough had recorded the individual condominium owners as the owners who were being taxed. It was noted the Baraugh requires a certificate ar title report for this and the signatures on the plat would have to be addressed. BREAK TAKEN: 7:22 P.M. {Kebschull requested the break to research the Code.) BACK TO ORDER: 7:25 P.M. 1 • Kebschull explained, prior to making a decision on the rezone, she wanted to clarify the land was zoned Conservation and within the Land Use Table residential uses were allowed if the land is privately held. • Kebschull added, within those constraints, the development that was already on that lot was asix-family dwelling and was all that would be allowed under the Suburban Residential zone without a conditional use. • Even if the conservation portion was attached and all other setback requirexnents would be met, one could develop on the portion of the property zoned Conservation. • Requiring the rezone would restrict development more sa than allowing the property to remain conservation. VOTE: B son Yes Lewis Yes Jenckes Absent Ftixllinck Yes Romain Yes Wells Yes Twait Yes MOTION PASSED UNANIMOUSLY ITEM 5: PUBLIC HEARINGS -- None PLANNING 8a ZONING COMMISSION MEETING JANUARY 24, 2007 PAGE 5 ITEM 6: OLD BUSINESS -- None ITEM 7: NEW BUSINESS -- None ITEM 8: PENDING ITEMS -- None ITEM 9: CODE ENFORCEMENfi -None ITEM 10: REPORTS 10-a. City Council -Council Member Ross provided a report based an actions taken at the January 17, 200'7 City Council meeting. 10-b, Borrough Planning -~ Commissioner Bryson provided a brief report based on actions taken at the January 22, 2007 Borough Planning meeting. 10-c. Administxation -- Kebschull noted the 2005 and 2006 building permit comparisons were included in the packet as well as a report an Conditional Use Permits. ITEM 11: ITEM 12: 12-a. 12-b. 12-c, ITEM 13: ITEM 14: MOTION: PERSONS PRESENT NOT SCHEDULED -- Nane. INFORMATION ITEMS Building Permit Summary Conditional Use Permits Yearly Report Planning and Zoning Commissioner Roster COMMISSION COMMENTS & UESTIONS -- None. ADJOURNMENT Commissioner F~Z1linck 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 7:45 p.m. Minutes transcribed and prepared by: Barbara L. Roper, o tract Secretary PLANNING 8~ ZONING COMMISSION MEETING JANUARY 24, 2007 PAGE 6