Loading...
HomeMy WebLinkAbout1995-01-11 P&Z PacketCity of Kenai, Alaska 210 Fidalgo, Suite 200 '. PLANNING AND ZONING COMMISSION **AGENDA** January 11, 1995 Chairman Kevin Walker 1. ROLL CALL a. Election of Officers 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES December 14, 1994 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING a. Landscaping/Site Plan Review -Merit Inn - 260 S. Willow b. Home Occupation Permit - Lasersource - 411 Birch c. Lease Application -The Continuum Corp. -Leo Grasso 6. PUBLIC HEARINGS a. Resolution PZ 95-1: Conditional Use Permit for Bed & Breakfast Steve & Donna Riddle - BI 1, Lot 29, Angler's Acres *b. Resolution PZ 9456: Rezoning Thompson Park (continuation) 7. NEW BUSINESS a. Goals & Objectives - 1995 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS 10. REPORTS a. City Council b. Borough Planning c. Administration d. Historic District Board Appointment of Ad-Hoc P&Z Member to Board. City of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION **AGENDA** January 11, 1995 Chairman Kevin Walker 1. ROLL CALL a. EIection of Officers ~ ~~~ ~,~` ~~; 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES December 14, 1994 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING - a. Landscaping/Site Plan Review -Merit Inn - 260 S. Willow a. Resolution PZ 95-1: Conditional Use Permit for Bed & Breakfast Steve & Donna Riddle - BI 1, Lot 29, Angler's Acres *b. Resolution PZ 9456: Rezoning Thompson Park (continuation) 7. NEW BUSINESS ~ b. Home Occupation Permit - Lasersource - 411 Birch c. Lease Application -The Continuum Corp. -Leo Grasso 6. PUBLIC HEARINGS a. Goals & Objectives - 1995 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS 10. REPORTS a. City Council b. Borough Planning c. Administration d. Historic District Board Appointment of Ad-Hoc P&Z Member to Board. ~'`~,~ ~ 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS a. Mainstreet Alaska b. APA Legislative Workshop c. Planning Commissioner's Corner -Western Planner d. CIP Projects 1995-96 e. P&Z Membership Available f. 1994 Building Activity Report g. Memo Regarding Dock -Fire Training Grounds 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT .~~~~c ~,.-. City of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION **MINUTES** January 11, 1995 Chairman Kevin Walker 1. ROLL CALL Members present: Phil Bryson, Ron Goecke, Carl Glick, Teresa Werner-Quade, Bill Toppa, Kevin Walker Members absent: One Vacancy Also present: Councilman Hal Smalley; City Engineer Jack La Shot; Administrative Assistants Kim Howard and Loretta Harvey a. Election of Officers Chairman Walker opened the floor for nominations for officers. CHAIRMAN-MOTION AND VOTE: Phil Bryson NOMINATED Kevin Walker for Chairman. Ron Goecke SECONDED. Goecke MOVED nominations be closed. Bryson SECONDED. VOTE: Bryson Goecke Toppa Werner-Quade Vacancy Glick Walker YES YES YES YES Vacancy YES ABSTAIN Kevin Walker nominated CHAIRMAN. VICE-CHAIRMAN-MOTION AND VOTE: Phil Bryson NOMINATED Carl Glick for Vice Chairman. Ron Goecke SECONDED and moved nominations be closed. Bryson Goecke Toppa Werner-Quade Vacancy Glick Walker YES YES YES YES Vacancy ABSTAIN YES Carl Glick nominated VICE-CHAIRMAN. Planning & Zoning Commission January 11, 1995 Page 1 2. APPROVAL OF AGENDA Chairman Walker noted there were information items which needed to be included in the packet. MOTION AND VOTE: Phil Bryson MOVED approval of agenda as amended. Carl Glick SECONDED and called for unanimous consent. AGENDA PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES December 14, 1994 MOTION AND VOTE: Carl Glick MOVED approval of minutes. Phil Bryson SECONDED and asked for an amendment to page 5 under Borough report: The Commission approved air gun testing in the Kenai River, however State Fish and Game recommended no air guns be used. UNANIMOUS CONSENT was called for. Minutes APPROVED as AMENDED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING a. Resolution PZ 95-2: Landscaping/Site Plan Review -Merit Inn 260 S. Willow Chairman Walker introduced the item and asked the pleasure of the Commission. MOTION: Phil Bryson MOVED FOR APPROVAL of the Landscaping/Site Plan review for the Merit Inn, Lot 4, Alyeska Subdivision. Cart glick SECONDED. Jack La Shot reported that since this was a commercial project exceeding $10,000 the KMC requires alandscaping/site plan review. Most of the work will be interior, there will be a soffitt and installation of a facade on the outside. The additional parking requirements have been reviewed and appear to be adequate. Chairman Walker asked if there were any questions for staff. There were none. Walker asked if there were questions or comments from the public or Planning Commissioners. Seeing and hearing none Walker called for the question. Planning & Zoning Commission January 11, 1995 Page 2 VOTE: Bryson Goecke Toppa Werner-Quade Vacancy Glick Walker YES YES YES YES Vacancy YES YES RESOLUTION PZ 95-2: PASSED UNANIMOUSLY. b. Resolution PZ 95-3: Home Occupation Permit -Lasersource - 411 Birch MOTION: Ron Goecke MOVED APPROVAL of Resolution PZ 95-3: Home Occupation Permit, Lasersource. Bill Toppa SECONDED. DISCUSSION Jack La Shot reported the application is for a small home business in the suburban residential zone. The applicant picks up empty cartridges at offices, takes them to her residence, refills them, and returns them to the business. The major concern of staff is that all chemicals and chemical wastes be handled according to appropriate regulations. Phil Bryson asked if there were any signs proposed, or outside storage. La Shot said the applicant did not indicate any sign, but if there is one, it must conform to the sign code. Also, there is no outside storage indicated. Chairman Walker asked if there was anyone in the audience who wished to address this item. Seeing and hearing none he brought the item back to the commission. VOTE: Bryson Goecke Toppa Werner-Quade Vacancy Glick Walker YES YES YES YES Vacancy YES YES RESOLUTION PZ 95-3: PASSED UNANIMOUSLY. Planning & Zoning Commission January 11, 1995 Page 3 c. Lease Application -The Continuum Carp. -Leo Grasso Chairman Walker introduced the item and asked the Commission's wishes. MOTION: Carl Glick MOVED APPROVAL of the Lease Application for the Continuum Corporation, Leo Grasso. Teresa Werner-Quade SECONDED. DISCUSSION: Chairman Walker asked for a staff report. Kim Howard, Administrative Assistant, reported the applicant is proposing to construct an assisted living facility for the elderly and impaired, adjacent to the Senior Center and Congregate Housing Facility. The area is zoned General Commercial and this is a principal use in this zone. The lease would be for 99 years, but once the development was completed the applicant can purchase the property. Howard noted the applicant was in the audience to answer questions. Bill Toppa asked how many people the facility would employ? Leo Grasso said there would be three employees. The maintenance would be handled by Grasso's construction firm. This will be a private enterprise. Pat Porter thought this would be a wonderful project for the City. She said it fills a void that is very much needed in the community. The Council on Aging had reviewed the project, and were in support of the location of the facility. Phil Bryson asked if a landscaping/site plan will come before the commission before the building permit is issued. Jack La Shot said yes, the applicant wished to submit a more detailed plan for landscaping and it will come to the commission at a later date. VOTE: Br yson Goecke Toppa Werner-Quade Vacancy Glick Walker YES YES. YES YES Vacancy YES YES PASSED UNANIMOUSLY. Planning & Zoning Commission January 11, 1995 Page 4 6. PUBLIC HEARINGS a. Resolution PZ 95-1: Conditional Use Permit for Bed & Breakfast Steve & Donna Riddle - BI 1, Lot 29, Angler's Acres MOTION: Ron Goecke Moved Approval of Resolution PZ 95-1: Amendment to Conditional Use Permit, for a Bed & Breakfast, Steve and Donna Riddle. Phil Bryson SECONDED. Jack La Shot reported this was an established charter business on Angler Drive. The original conditional use permit was for an RV Park and Guide Service. There was considerable abjection by the public for the RV Park portion of the permit. The application was changed to include only the guide service and approved by Council. Now the applicants wish to add a Bed & Breakfast to the existing permit. Chairman Walker opened the meeting up to public comment by asking if there were persons present who wished to address this item. PUBLIC HEARING: Delores (Dodi) Coligan, Box 4300 Soldotna, said she was representing Riddles since they were out of state. The applicants are just adding two beds to what is already there. There are many lodges, bed and breakfasts, etc. on Angler's Drive. Teresa Werner-Quade read the following statement to the Commission: The staff report states that Riddle's B&B operation is consistent with existing uses; however, some of the same concerns voiced in '89 recur. Commissioner O'Reilly asked, "Who checks to see if he (Riddle) has a DEC permit?" Answer: the Building Inspector. Evidently, this has changed given that 5 out of 7 B&B's on Angler Drive have not applied for DEC permits and the city claims it is not their job to check this. DEC claims, it is .. . In reviewing procedure the '92 P&Z Comprehensive Plan states, " A clear, well written code is important not only for administrative simplicity, but also to stand any appeals or legal challenges. Although most Alaska communities have thus far avoided such challenges, many other U.S. towns and cities have been sued by developers and citizens for vague and arbitrary decisions. "The City should: d. Review the Conditional Use Section of the code (14.20.150) to ensure that rigorous standards are applied for approval of exceptional uses, and to create new requirements for implementation of the River and Tributary Site Plan Review Ordinance." Planning & Zoning Commission January 11, 1995 Page 5 Title 14.20.150 Conditional Uses outlines in [ii) "Such uses must be in harmony with the intent of the zone." Given that this subdivision is zoned RR and distinguished on the comp plan map as a 2A low density without city sewer, this is not in harmony with the intent of the zone. The KPB has no sanitarian. The city's P&Z department is the only insurance proper sanitation methods are being required along the river banks where no city sewer is available. Prior to making arbitrary decisions, let us insure that rigorous standards are applied to reduce liability for the City. Low lying land mismanagement and pollution of the river estuary is our responsibility. Ron Goecke said he appreciated the information that Werner-Quade had brought forward, but did not feel it is the City's obligation to monitor DEC regulations. Phil Bryson noted the original as-built seemed to indicate the applicant shared a water system with a neighbor. If a well is used for the public it must meet certain DEC standards. He felt it was appropriate to make sure the applicant had the proper DEC permits for the public's safety. AMENDED MOTION: Phil Bryson Moved to Amend the original motion by adding: Verification of a valid wastewater discharge permit be submitted to the city before the building permit is issued. Teresa Werner-Quade SECONDED. AMENDED MOTION VOTE: Bryson Goecke Toppa Werner-Quade Vacancy Glick Walker YES NO YES YES Vacancy YES YES MOTION PASSED BY MAJORITY VOTE. MAIN MOTION VOTE: Bryson Goecke Toppa Werner-Quade Vacancy Glick Walker YES YES YES YES Vacancy YES YES MOTION PASSED UNANIMOUSLY. Chairman Walker noted there were many developments such as this on Angler Drive he felt that area might be more suited for a Recreation zoning designation. Planning & Zoning Commission January 11, 1995 Page 6 *b. Resolution PZ 9456: Rezoning Thompson Park (continuation) Steve Rickman, 135 Fern St., said he was opposed to rezoning to Suburban Residential (RS), he would prefer the zone be kept to a Rural Residential 1 (RR-1) designation, which would discourage multi-family units. Rickman said he lived off of Dogwood and during the recent paving project the traffic was very bad. He expressed concern that the traffic would increase if multi-family units were allowed in Thompson Park. Also he felt the value of the land would remain higher if the zone was more restrictive. Chairman Walker noted that Rickman's address was outside of the area proposed for rezoning. Walker still welcomed comments from Rickman, but just wanted to clarify that his property would not be rezoned. Rickman still wished to express concerns about smaller lots being allowed in the area. The houses would be too close together in the RS zone. Also, since the area is between Soldotna and Kenai, there seems to be less police protection. Many residents have had problems with items being stolen, and vandalism. Rickman presented a letter from Jaemi Jose which read: "We just moved into Thompson Park Subdivision in November. The thing that impresses us the most is how quiet it is. I'm afraid aMulti-family unit would ruin our neighborhood. Therefore, my husband and I are definitely against any such thing." Chairman Walker asked if there were any questions for Mr. Rickman. There were none. Walker then asked for further public comment. Seeing and hearing none he reminded the Commission this item will be heard once more, at the next P&Z meeting, at which time a decision will be made on the item. Jack La Shot noted the letter from Richard and Gayle Ross that was included in he packet. The Ross's stated they would prefer the RS-1 designation for the area. 7. NEW BUSINESS a. Goals & Objectives - 1995 Teresa Werner-Quade felt review of the Comprehensive Plan, placing a priority on meeting the criteria on page 72 of the Kenai Comprehensive Plan which states: ensure rigorous standards are applied for approval of exceptional uses and to create new requirements for implementation of the River and Tributary Site Plan Review Ordinance, should be a priority. Planning & Zoning Commission January 11, 1995 Page 7 Ron Goecke felt review of the sign ordinance from the list of G&Os for 1994 be carried forward. Chairman Walker said he had a short list of items for the Commission's to think about. In addition to review of the Comp Plan, he wished to add: 2) the City endeavor to ensure regulations be met on all conditional use permits; 3) review sign ordinances; 4) participation development of CIP list; 5) continue to work with Council on the Kenai River review project. Walker asked if there were any additions or subtractions? Councilman Smalley said he agreed that regulations on cups needed to be addressed. Recent discussions have indicated that the city has stringent guidelines dealing with development along the Kenai River. He felt developing a review process and perhaps putting some "stringent" into the Code may need to be reviewed. Chairman Walker felt the Commission would need to work closely with Council on this issue. Councilman Smalley asked if the Administration could make some suggestions to the Council, (ie) setbacks, distances from septic lines, distances from fuel tanks, etc. La Shot said Staff could make some suggestions. La Shot suggested that the numbers be removed from the list so they would have equal priority. Goals & Objectives for 1995: Review of Comprehensive Plan; Insure all regulations are met on Conditional Use Permits; Review the Sign Ordinance; Participate in Capital Improvement Projects list; and work with Council on Kenai River Review Project. MOTION AND VOTE: Ron Goecke MOVED TO ADOPT the Goals and Objectives as presented and asked for UNANIMOUS CONSENT. Carl Glick SECONDED. GOALS AND OBJECTIVES PASSED BY UNANIMOUS CONSENT. 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS Planning & Zoning Commission January 11, 1995 Page 8 10. REPORTS a. City Council Councilman Smalley noted there had been two Council meetings since the last P&Z meeting. December 21: Some people spoke about Resolution 94-83 requested property within the City of Kenai not be included in the Kenai Overlay District. The request was to postpone or delay the Council's vote on this ordinance. The City's position was that it was the City's responsibility to maintain control over the River within the City limits. Betty Glick was asked to attach the Resolution to the Borough Ordinance which would delay the Ordinance. Council discussed an addition of a solarium/greenhouse to the Senior Center. Historic District Board requested that an ad-hoc member from P&Z be placed on the Board. Smalley asked if the Commission wished to appoint an ad-hoc member to the Historic District Board? January 4th -There is a vacancy on the P&Z Commission. Council asked the City Clerk to notify other commission members to see if they wanted to transfer to the P&Z commission. Tim Navarre spoke in regards to the Kenai Transfer Site. Council was concerned the hours of operation would not be appropriate during the week. Navarre agreed to take Council's recommendations for hours of operation back to the Borough for discussion. Health and Social Services have asked to renew their lease for the Health Center in City Hall. The lease was renewed but the city is asking the state to set aside funds to building the Public Health Nurses make space available in the old courthouse. Chairman Walker asked if there was discussion on the money which was already appropriated for a public health facility? Hal Smalley said no. Smalley noted the CIP list which was included in the packet. Item b. was a combination of money of roll-over grants which the city needs to reapply for. Jack La Shot said that money was left over from the Thompson Park project and the city musl get permission to reappropriate this money. The Animal Control Shelter is still on the list, the City believes this is a project that needs to be completed. The City is discussing charging ambulance fees. The City is in need of a new ambulance which would cost about $125,000. The Council instructed the City Manager to apply for a matching grant to obtain this ambulance. Chairman Walker asked for a brief intermission at 8:20. The meeting reconvened at 8:30. Planning & Zoning Commission January 11, 1995 Page 9 b. Borough Planning Phil Bryson reported on agenda items including: Ordinance 94-56 which establishes procedures for issuance of construction of utilities by utility companies in ROWs. This has gone through several work sessions. Ordinance 94-57 proposes to establish regulations in established ROWs within the Borough. If people are interest in public access to the river, etc. they should keep apprised of this ordinance. It appears it would limit public access to the river. Ron Goecke asked if this meant al dedicated ROWs on plats, outside how, if it's across State lands, how not feel they could. c. Administration I ROW's within the Borough. Bryson said it was of incorporated cities. Goecke said he wondered the Borough can control this. Bryson said he did Jack La Shot noted the memo that had been handed out before the meeting. He had spoken to Karen Olsen of K&O Towing earlier in the day. Her company had run out of money, but are working to obtain funding to continue the project. He asked the Commission if they had any suggestions about how to handle people who have been notified about disposing of junk vehicles, who have been granted an extension until the car crusher notifies them. There were no suggestions. d. Historic District Board -Appointment of Ad-Hoc P&Z Member to Board. Bill Toppa volunteered to serve as the ad-hoc member for this Board. MOTION AND VOTE: PHIL BRYSON MOVED THAT BILL TOPPA REPRESENT THE PLANNING AND ZONING COMMISSION AS AN AD-HOC MEMBER OF THE HISTORIC DISTRICT BOARD 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS a. Mainstreet Alaska Loretta Harvey said if commission members wished to attend this conference they should notify the City Clerk by Friday, if they wished for the city to pay their registration fee. Planning & Zoning Commission January 11, 1995 Page 10 b. APA Legislative Workshop c. Planning Commissioner's Corner -Western Planner d. CIP Projects 1995-96 e. P&Z Membership Available f. 1994 Building Activity Report g. Memo Regarding Dock -Fire Training Grounds 13. COMMISSION COMMENTS & QUESTIONS Chairman Walker said he was wanting the Commission members to take an active role in accomplishing the Goals & Objectives. He asked Teresa Werner-Quade to bring forth ideas on how to review the Comprehensive Plan. Werner-Quade agreed to this. Walker asked the whole Commission to endeavor to ensure that Conditional Use Permits are adhered to. Walker asked Ron Goecke to work on review of the Sign Ordinance. Bill Toppa will serve on the Historic District Board. The entire Commission should participate in the CIP list. Walker asked Phil Bryson, Carl Glick to work with himself and Council very closely on the Kenai River Review. Commissioners concurred with these assignments. Walker asked the Commission to bring forth any additional ideas they might have. Councilman Smalley would suggest to Council that any time the City deals with the Kenai River Ordinance the Commission be notified, or at least the three members who have been identified. Teresa Werner-Quade asked if all Commissioners had a copy of the Comprehensive Plan. Bill Toppa did not, but Loretta Harvey said she would get him a copy. Phil Bryson wished to clarify a motion he made earlier. He did not view his request for verification of a wastewater permit as approval of the CUP, he felt it was just a piece of xerox they need to provide the city with. DEC has the mandate to protect State waters bath their use and contamination. Bryson felt for the State to play the game of one agency against another is reprehensible. Councilman Smalley noted that January 22nd is Friends of Library day and invited the Commission to attend. Planning & Zoning Commission January 11, 1995 Page 11 14. ADJOURNMENT Chairman Walker asked that an item be placed on the next agenda for discussion on the Comprehensive Plan. There being no further business, Carl Glick moved for adjournment. The meeting was adjourned at approximately 8:50 p.m. Respectfully submitted, Loretta Harvey, Administrative Assistant Planning & Zoning Commission `~~ January 11, 1995 Page 12 PZ VOTING ~ /~ 199` ITEM: ROLLCALL 4~~9'9/ ~~I~~TE BRYSON ~ GLICK ~~~ GOECKE GLICK ~ GOECKE ~ TOPPA GOECKE TOPPA TOPPA WERNER-QUADE WERNER-QUADE BRYSON WERNER-QUADE BRYSON GLICK WALKER WALKER .(. WALKER ITEM: ~~ ~ VOTE ' , ~~ VOTE ~ ~OTE TOPPA WERNER-QUADE WERNER-QUADE BRYSON WERNER-QUADE BRYSON GLICK BRYSON GLICK GOECKE GLICK GOECKE TOPPA GOECKE TOPPA WALKER L, WALKER WALKER ~ - p~-~'.