HomeMy WebLinkAbout2007-08-22 Planning & Zoning MinutesCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
August 22, 2007 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b, Swearing In of New Commissioner -Justin Broyles
c. Agenda Approval
d. Consent Agenda
e. *Excused Absences
* Tony Lewis (Requested via email)
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. *August 8, 2007
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ07-45 - An application for an encroachment permit fora 6-foot front yard setback
encroachment far the property known as Lot 4, Block 3, Central Heights Subdivision
(300 Sterling Court), Kenai, Alaska. Application submitted by Joseph J. Pedginski, 300
Sterling Court, Kenai, Alaska.
b. PZ07-46 - A resolution of the Planning and Zoning Commission of the City of Kenai
recommending to the Council that Lots 1 and 2A of Schorr Subdivision be rezoned from
General Commercial to Limited Commercial. Application submitted by Charles L. and
Patricia G. See, P.O. Box 1412, Kenai, Alaska.
6. OLD BUSINESS:
a. Residential use in the CG -General Commercial Zone ---Discussion.
7. NEW BUSINESS:
a. Angler Acres Subdivision Zoning -Discussion.
b. PZ07-47 - An application far development in the Townsite Historic zone for a building
that will contain a restaurantlcatering business and residential units for the property
known as Lot 22A, Block S, Original Townsite of Kenai Vozar Addition {510 Upland
Street). Application submitted by Sandra J. Vozar-Ginavan, P.O. Box 1430, Kenai,
Alaska.
Agenda August 22, 2007
Page 2
8. PENDING ITEMS:
a. PZ07-24 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommendmg to the Council that KMC 14.20.200 (Accessory Structures} be
amended by adding a section prohibiting the use of convex-type metal shipping
containers for storage in residential zones. (Postponed 7111107 - no time certain.)
b. PZ07-25 - A Resolution of the Planning And Zoning Commission of the City Of Kenai,
Alaska, recommending to the Council to enact KMC 9.10.015 requiring dumpsters to be
screened on at least three sides. {Postponed 7111/07 - no time certain.)
c. PZ07-28 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that KMC 12.20.030 be amended by better
describing and defaning what constitutes prohibited storage of "Junk," "Garbage" and
"Litter" under the City code. (Postponed 7/2S/07 - no time certain.)
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED:
11. INFORMATION ITEMS:
a. PZ07-44 -LandscapelSite Plan -Alaska USA Federal Credit Unlon - 230 Bidarka Street
1 -Lot S, Block 3, Fidalgo Commercial Center.
J b. PZ07-30 -LandscapelSite Plan -State of Alaska Court System - 125 Trading Bay Road
-Lots 10-12, Block 1, Cook Inlet Industrial Air Park.
c. "Zoning Bulletin" -July 15 and August 1, 2007
d. Planning Commissioner Roster ($/16107)
12. COMMISSION COMMENTS & QUESTIONS:
13. ADJOURNMENT:
CITY OF KENAI
~~ PLANNING & ZONING COMMISSION
• AUGUST 22, 2007 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
CHAIR JEFF TWAIT, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chairman Twait called the meeting to order at approximately 7:00 p.m.
1-a. Roll Call
The roll was taken and confirmed as follows:
Commissioners present; J. Twait, P. Bryson, R. Smagge, S. Romain
Commissioners absent: T, Lewis (excused), R. Wells (excused)
Others present: City Planner M. Kebschull, Council Member R. Ross
A quorum was present.
Y-b. Swearing Ixa. of New Commissioner -Justin Broyles
City Planner Kebschull administered the Oath of Office to Justin Broyles who then
took his seat on the dais.
].-c. Agenda Approval
MOTION:
Cornmissianer Bryson MOVED to approve the agenda noting the following additions:
ADD TO: Item 1-d Excused absences ~- Roy Wells (Requested through Clerk)
Item 1I-e US Army Corp of Engineers Public Notice David Yrague
Permit Application -- Tract F Kalifornski Meadow Subdivision
Commissioner Smagge SECONDED the motion. There were no objections, SO
ORDERED.
I-d. Conserr-t Agenda
MOTION:
Commissioner Rornain MOVED to approve the consent agenda as presented and
Commissioner Bryson SECONDED the motion. There were no objections. SO
ORDERED.
1-e. *Excused Absences
J
Tony Lewis (Requested via email)
Roy Wells (Requested through City Clerk)
Approved by consent agenda.
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.
ITEM 2: APPROVAL OF MINUTES -- August 8, 2007
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT --- None
ITEM 4: CONSIDERATION OF PLATS -- None
ITEM 5: PUBLIC HEARINGS
6-a. PZ07-45 -- An application for an encroachment permit fora 5-foot front
yard setback encroachment for the property known as Lot 4, Block 3,
Central Heights Subdivision (300 Sterling Court), Kenai, Alaska.
Application submitted by Joseph J. Pedginski, 300 Sterling Court, Kenai,
Alaska.
City Planner Kebschull reviewed the information presented in the packet, noting the
shed had been built without a permit and she could recommend moving the shed to
the side of the garage.
Chairman Twait read the rules for public hearings and opened the meeting for public
comment.
Cheryl Samples, 302 Sterling Court -- Submitted a letter with pictures in the
packet. Samples stated her opposition to the issuance of a permit and added, moving
the shed would obstruct vision of drivers in the area and the shed would be placed
near a fire hydrant.
Ted Williamson, 106 Tern Avenue -- Opposed to the permit, noting, with two small
children, he was worried about driver vision being obstructed.
There being no further comments, the public hearing portion of the meeting was
closed.
MOTION:
PLANNING & ZONING COMMISSION MEETING
AUGUST 22, 2007
PAGE 2
Commissioner Romain MOVED for approval of PZ07--45 with noted staff
recommendations. Commissioner Bryson SECONDED the motion.
Commission comments/questions included:
• Had administration visited the site (the Building Official had) .
• Whether the shed had plumbing, electricity, heat.
* What would happen if the shed was not moved by the deadline? (The
owner could be cited and fined up to X1000 per day.)
• People are building without permits and coming into the City for them
after the fact.
Possibility of changing the two-way stop sign to a four-way stop sign.
VOTE:
Twait No B son Yes Bro les No
Lewis Excused Sma e No Rarnain No
Wells Excused
MOTION FAILED.
wait read the appeals process procedures.
5-b. PZ07-46 - A resolution of the Planning and Zoning Commission of the
City of Kenai recommending to the Council that Lots 1 and 2A of Schurr
Subdivision be rezoned from General Commercial to Limited Commercial.
Application submitted by Charles L. and Patricia G. See, P.O. Box 1412,
Kenai, Alaska,
Kebschull reviewed the information in the packet, noting the City Attorney had
concerns regarding spot zoning if the rezone would be approved and challenged.
Additionally, the rezone to Limited Commercial would be more compatible with the
area than General Commercial.
Twait opened the meeting for public comment. There being no comments, the public
hearing was closed.
MOTION:
Commissioner Bryson MOVED to approve PZ 07-46. Commissioner Smagge
SECONDED the motion.
Commission comments included:
+ The rezone would allow a house to be built on the property and conforms
to the Comprehensive Plan.
• Concern with a phone line over part of the existing house.
PLANNING 8a ZONING COMMISSION MEETING
AUGUST 22, 2007
PAGE 3
• The existing house straddled the right of way.
The existing house would not be torn down right away.
VOTE:
Twait Yes B son Yes Bro les Yes
Lewis Excused Sma e Yes Romain Yes
V(Te11s Excused
MOTION PASSED UNANIMOUSLY.
ITEM 6: OLD BUSINESS
6-a. Discussion -- Residential use in the CG -General Commercial Zone
Kebschull reviewed the August 2, 2007 memorandum sent to the Commission and
requested input on changing the zoning. A work session would be scheduled.
ITEM 7: NEW BUSINESS
7-a. Discussion -- Angler Acres Subdivision Zoning
Kebschull reviewed the August 14, 2007 memorandum sent to the Commission
requesting it consider initiating a rezone from Rural Residential to Recreation. The
} Commission requested work session be scheduled.
7-b. PZ07-47 - An application for development in the Townsite Historic zone
for a building that will contain arestaurant/catering business and
residential units for the property known as Lot 22A, Block 5, Original
Townsite of Kenai Vozar Addition (510 Upland Street). Application
submitted by Sandra J. Vozar-Ginavan, P.O. Box 1430, Kenai, Alaska.
Kebschull reviewed the information. in the packet, noting the following:
• Commission approved a conditional use permit for arestaurant/dwelling
in June of 2006.
• The application was required by the Conditional Use Permit.
• An updated drawing with a parking plan had been provided by the
applicant prior to the meeting.
Mixed use development was encouraged in the area.
Twait opened the meeting to public comment.
Rosalie Tepp, Kenaitze Tribal Chair -- Stated her opposition to the application due
to insufficient parking and snow removal areas and that the building would not fit the
character of Old Town.
PLANNING & ZONING COMMISSION MEETING
AUGUST 22, 2007
PAGE 4
Bonnie Julliussen, Kenaitze Tribe Member -- Stated her opposition to the
application due to lack of parking in the area and concerned with a conflict between
two eating facilities so close together.
Mary Lou Battor~f, Kenaitze Tribe Member -- Stated her opposition to the
application and noted she felt the restaurant would be unfairly in competition. with the
Kenaitze Tribe`s.
Sandra Vozar Ginarran, Toyon Villa Apartments, # 1 I, Kenai -- Stated she had lived
in Old Town for 34 years; she purchased additional land to make the lot larger; felt the
city and Commission should support her development plan because she would pay
taxes and the Tribe would not; and, her development would not be in competition with
the Kenaitze Tribe as her restaurant would be open to the public.
Commissioner Smagge noted the Kenaitze Indian Tribe pay taxes on same properties
and were paying taxes on the property adjacent to the proposed development.
Wayne Wilson, Kenaitze Tribe Member -- Stated his opposition due to lack of
sufficient parking.
There being no further comments, the public hearing was closed.
MOTION:
Commissioner Romain MOVED to approve PZ07-47 with staff recommendations and
Commissioner Bryson SECONDED the motion.
Commission. questioned staff on total parking places and Kebschull noted a possibility
of 14 spaces were planned and that curb cuts could be permitted through the Public
Works Department.
VOTE:
Twait Yes B son Yes Bra les Yes
Lewis Excused Sma e Abstain Romain Yes
Wells Excused
MOTION PASSED UNANIMOUSLY.
Twait read the appeals process procedure.
ITEM 8: PENDING ITEMS
8-a. PZ07-24 - A resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska, recommending to the Council that KMC ].4.20.200
(Accessary Structures) be amended by adding a section prohibiting the
PLANNING & ZONING COMMISSION MEETING
AUGUST 22, 2007
PAGE 5
use of connex-type metal shipping containers for storage in residential
zones. (Postponed 7/ 11/07 - no time certain.)
S-b. PZ07-25 - A Resolution of the Planning And Zoning Gomrnission of the
City Of Kenai, Alaska, recommending to the Council to enact KMC
9.1.0.01 S requiring dumpsters to be screened on at least three sides.
(Postponed 7/ 11/07 -- no time certain.)
8-c. PZ07-28 - A Resolution of the Planning and Zoning Commission. of the
City of Kenai, Alaska, recommending to the Council that KMC 12.20.030
be amended by better describing and defining what constitutes
prohibited storage of "Junk," "Garbage" and "Litter" under the City code.
{Postponed 7/25/07 - no time certain.)
ITEM 9: REPORTS
9-a. City Council -- Ross reviewed the action agenda items from the August
15, 2007 city council meeting and noted there was not a quorum at the last Airport
Commission meeting.
9-b. Borough Planning -- Bryson reported the last meeting was August 13,
2007 and reviewed the agenda included in the packet.
9-c. Administration -- Kebschull noted the following:
• The next meeting would include a work session on amending the land
use table.
• The Kenai Historical Society would meet in September, feedback on the
preservation plan would be submitted to staff and then a public hearing could be
scheduled for the first Commission meeting in October.
• Requested the Commission's preference of work session topic far the
October 10 meeting, i.e. Connex use or dumpsters. The Commission decided an
Connex use.
ITEM 10: PERSONS PRESENT NOT SCHEDULED
Barry Eldridge, 267 Bowpicker Lane, Kenai -- Presented Commission background
on houses within the Historic District.
Kebschull requested the Commission to consider whether or not the code provided
enough protection for the Historic District. Broyles requested clarification on the
Vozar plan in relation to the Historic District and was informed the
restaurant/ dwelling would be within the Historic District but not part of the
Preservation Plan.
ITEM 1I: INFORMATION ITEMS
PLANNING 8s ZONING COMMISSION MEETING
AUGUST 22, 2007
PAGE 6
11-a.
11-b.
11-c.
11-d.
11-e.
ITEM 12:
ITEM 13:
MOTION:
PZ07-44 -Landscape/Site Plan -Alaska USA Federal Credit Union - 230
Bidarka Street -Lot 5, Block 3, Fidalgo Commercial Center.
PZ07-30 -Landscape/Site Plan -State of Alaska Court System - 125
Trading Bay Road -Lots 10-12, Block 1, Cook Inlet Industrial Air Park.
~~Zoning Bulletin" -July 15 and August 1, 2007
Planning Commissioner Roster -- ($/ 16/07)
US Army Corp of Engineers Public Notice David Yrague Permit
Application --Tract F Kalifornski Meadow Subdivision
COMMISSION COMMENTS & QUESTIONS
Smagge -- None.
Romain -- Welcomed new commissioner Broyles.
Twait -- Welcomed Broyles to the Commission.
Bryson -- None.
Broyles -- Thanked the Commission for the opportunity to serve.
ADJOURNMENT
Commissioner Smagge MOVED to adjourn and Commissioner Bryson SECONDED the
motion. There were no objections. SO ORDERED.
There being no further business before the Comxission, the meeting was adjourned at
approximately 8:35 p.m.
Minutes prepared and submitted by:
Corene Hall, Deputy City Clerk
PLANNING 8~ ZONING COMMISSION MEETING
AUGUST 22, 2007
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