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HomeMy WebLinkAbout1995-08-09 P&Z PacketCITY OF KENAI PLANNING AND ZONING COMMISSION AGENDA Council Chambers, 210 Fidalgo, Kenai, AK August 9, 1995, 7:00 p.m. Chairman Kevin Walker 1. Roll Call 2. Approval of Agenda 3. Approval of Minutes July 26, 1995 4. Persons Present Scheduled to be Heard 5. Planning a. Landscaping/Site Plan Review Resolution No. 95-40 - Batir Creative 6. Public Hearings (3 minutes) 7. New Business - ~. ~ 8. Old Business 9. Code Enforcement Items 10. Reports a. City Council b. Borough Planning c. Administration 11. Persons Present Not Scheduled 12. Information .Items a. Board of Adjustment Decision -Benton 13. Commission Comments & Questions 14. Adjournment ~_ o ~) CITY OF KENAI PLANNING AND ZONING COMMISSION **MINUTES** Council Chambers. 210 Fidalgo. Kenai, Alaska July 26, 1995, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL Members present: Phil Bryson, Ron Goecke, Karen Mahurin, Teresa Werner-Quade, Kevin Walker Members absent: Carl Glick, Bill Toppa Also present: Councilman Hal Smalley, City Engineer Jack La Shot, Loretta Harvey Administrative Assistant 2. APPROVAL OF AGENDA Chairman Walker noted the handout item marked 6 a. Vozar & Strawn, should actually be listed under 5 c.; also there was a request to add Leo Grasso under Item 4. Persons Present Scheduled to be Heard. MOTION AND VOTE: PHIL BRYSON MOVED FOR THE APPROVAL OF THE AGENDA AS AMENDED AND ASKED FOR UNANIMOUS CONSENT. RON GOECKE SECONDED. THERE WERE NO OBJECTIONS. MINUTES PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES July 12, 1995 MOTION AND VOTE: RON GOECKE MOVED FOR THE APPROVAL OF THE MINUTES AND ASKED FOR UNANIMOUS CONSENT. KAREN MAHURIN SECONDED. THERE WERE NO OBJECTIONS. MINUTES PASSED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD Leo Grasso, developer of the Assisted Living Center which will be located next to the Senior Center, presented interior sketches of the development to the Commission. The original plans which came before P&Z were for a single story structure. The structure has been increased to two-stories, with a full basement to better facilitate the area seniors. The added space will provide for a Hospice, and an Alzheimer Center. When the complete plans are finished Mr. Grasso will bring them the plans back to P&Z. The development will include extensive landscaping, intended to blend into the surrounding park area. There will be roses, birch trees, and walking areas. Construction on the project should begin in April of 1996, and take about 8 months to complete. The center will employee about 25 people. 5. PLANNING a. Resolution PZ 95-38: Angler Acres S/D Part Five MOTION: RON GOECKE MOVED FOR APPROVAL OF RESOLUTION PZ 95-38, ANGLER ACRES PART FIVE. TERESA WERNER-QUADE SECONDED. STAFF REPORT. Jack La Shot noted a letter from DEC which suggested the plat approval be contingent on the applicant obtaining approval of the water and sewer systems for the proposed expansion. The owner wishes to remove the middle line of the existing plat and build another home on the property. In the KMC a 40,000 s.f. minimum is required for each prinicipal structure in the RR zone. With three dwellings on these lots the minimum area would be 120,000 s.f. Even if the lots were combined the s.f. would be less than 100,000 s.f. La Shot recommended if the plat was approved it be contingent on meeting all DEC and City requirements. Chairman Walker expressed concern that the City did not have the authority to enforce DEC requirements. La Shot explained that it is customary that the City provide DEC with comments regarding whether installation agreements were required, or if additional regulations must be met. PUBLIC COMMENT. None. COMMISSION DISCUSSION. Phil Bryson said the only thing this plat was addressing was the combination of lot lines. He did not feel this was a problem, but if another structure is added it should meet all DEC requirements. This could be addressed on a note on the plat, or required by the lending facility at the time of financing. Such a development would required a Class C well. l VOTE: BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER- QUADE YES ABSENT YES YES ABSENT YES YES MOTION PASSED UNANIMOUSLY. b. Resolution PZ 95-39: Landscaping/Site Plan Review - Vozar & Strawn 929 Main Street MOTION: RON GOECKE MOVED FOR APPROVAL OF RESOLUTION PZ 95-39, LANDSCAPING/SITE PLAN REVIEW, VOZAR & STRAWN, LOCATED AT 929 MAIN STREET. STAFF COMMENT: Jack La Shot reported the only additions were that the Historic Board had reviewed the item the previous evening. The Board had requested that more information be provided to P&Z such as parking and landscaping plans. PUBLIC COMMENT: Sandra Vozar, 929 Mission Street, passed out site plans and pictures of the cabins to the Commission. She noted they will be retaining the natural vegetation in the area, which is mostly lupine. A wooden boardwalk will be built between the cabins. The existing building which was once Jahrig Electric will be turned into a restaurant, that will serve a salmon or halibut bake. The project will be vendors that will sell Alaska related items. These first cabins will be phase I of the project. If things work out there will be another phase in the future. Karen Mahurin asked if the cabins will have water and sewer and bathroom facilities. Vozar said the cabins will all have electric, only cabins that serve food will have water and sewer on site. One of the cabins will be a central restroom facility. Karen Mahurin asked how many seats the restaurant will have. Planning & Zoning Commission July 26, 1995 Page 3 Vozar said they had spoken to Bob Springer, Building Official, and according to the ~ UBC formula for figuring seating per square feet of building, the restaurant could seat approximately 100 people. This would mean 40 parking spaces would be needed. The plan submitted had 71 parking places shown. Kevin Walker asked Vozar if she had seen the staff comments suggesting the lot lines be combined to facilitate the project. Vozar said she had talked to Bob Springer about this. The developers do not wish to combine lots at this time. All cabins will be constructed within required setbacks. if the development is a success they may wish to remove lot lines at a later date. Jack La Shot noted the reason for the staff recommendation was that the original plans showed some cabins extending over lot lines. These encroachments are not allowed under the KMC. The cabins had been positioned.to not encroach at this time. END PUBLIC COMMENT. COMMISSION DISCUSSION. Karen Mahurin said she was comfortable with the plan as outlines, but did not feel comfortable making a decision until a more detailed plan was submitted. AMENDED MOTION: PHIL BRYSON MOVED THAT APPROVAL BE CONTINGENT UPON A SUITABLE SITEPLAN SUBMITTAL TO THE CITY, SHOWING LANDSCAPING AND PARKING TO SCALE. KAREN MAHURIN SECONDED. DISCUSSION: None. VOTE: AMENDED MOTION: BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER- GIUADE YES ABSENT YES YES ABSENT NO YES MOTION PASSED BY MAJORITY VOTE. Planning & Zoning Commission July 26, 1995 Page 4 MAIN MOTION: DISCUSSION: Phil Bryson noted it appeared that there was adequate parking available at the site. VOTE: BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER- QUADE YES YES YES YES ABSENT YES YES MOTION PASSED UNANIMOUSLY. c. Development in Townsite Historic District (TSH) Vozar & Swain MOTION: KAREN MAHURIN MOVED FOR APPROVAL OF THE DEVELOPMENT IN TOWNSITE HISTORIC DISTRICT, VOZAR & STRAWN, LOCATED AT 929 MAIN STREET. STAFF REPORT. Jack La Shot noted this application was just for the Commission to approve the uses and character of the property development. He noted the Historic Board minutes with their recommendations was included in the meeting handouts. PUBLIC COMMENT: None. COMMISSION DISCUSSION: Chairman Walker felt that this was a pleasing concept and a development which will benefit the City. VOTE: BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER- QUADE YES ABSENT YES .YES ABSENT YES YES Planning & Zoning Commission July 26, 1995 Page 5 MOTION PASSED UNANIMOUSLY. ~, ) 6. PUBLIC HEARINGS (3 minutes) a. Resolution PZ 95-37: Conditional Use Permit for Beaver Creek Lodge MOTION: RON GOECKE MOVED FOR APPROVAL OF RESOLUTION PZ 95-37, CONDITIONAL USE PERMIT FOR BEAVER CREEK LODGE. TERESA WERNER- QUADE SECONDED. STAFF REPORT. Jack La Shot reported the original permit of the lodge was issued in 1988 and consisted of nightly, weekly, or monthly rentals of the tri-plex. The home on the property was used as living quarters for the owners or employees of the lodge. The new permit would amend the permit to allow another single-family residence to be built on the lots. This new residence would be used for living quarters for the owners and employees of the lodge and the tri-plex and existing home would be rented. Questions have been raised as to whether the lodge is in compliance with the original permit, at this time. PUBLIC COMMENT. Jim Richardson, 1015 Angler Drive, noted the letter he had sent to the Commission regarding the permit (attached). He asked the Commission to deny the permit. Richardson stated the lots are very narrow in this subdivision and the extent of the current development is very disruptive to the area. If the permit is expanded it will increase traffic, noise, etc. Richardson noted the brochure attached to his letter, and stated there are presently five guides working from the lodge. He asked that the lodge be limited to three guides, which would facilitate the amount of rentals in the tri-plex. Also, the septic system is inadequate for the development. The system must be pumped at least once a week. If the permit is approved he asked that appropriate DEC requirements be required. Planning & Zoning Commission July 26, 1995 Page 6 ~ Bill Bryant, stated he did not reside next to the property in question. He said this was zoned as a residential area and limits need to be put on these types of developments. He echoed the concerns of Jim Richardson and asked the Commission to curtail similar activities in the area. Ron Goecke asked if Bryant was affected by the traffic from this development. Bryant said he was not affected by vehicular traffic, but the guide boats utilizing the river is a problem. Gordan Sledge, said that traffic on Angler Drive is so heavy that the road is very hard to maintain. In is constantly in need of grading. The tourists are not respectful of the residents, they have actually come into his yard and picked flowers. Some of the guides are his friends, but the tourists create a problem for the area. END PUBLIC COMMENT. COMMISSION DISCUSSION. Teresa Werner-Quade said how can we expect to help protect the Kenai river when evidence of no current DEC permits are in place? She said she couldn't as a member of P&Z approve living accommodations in excess of adequate water and waste water accommodations. Karen Mahurin noted several concerns she had with the permit. The septic system is presently inadequate, with high tides there is pollution to Beaver Creek. Also, the lodge is creating a conflict between residences and the commercial development. It also appears the lodge is in violation of what was initially approved in this area. Mahurin stated she would be voting no on this permit. Phil Bryson felt this item was different from the plat approval. The proposed expansion would create further problems with waste disposal. AMENDED MOTION: PHIL BRYSON MOVED TO AMEND MOTION TO MAKE IT CONDITIONAL ON THE CITY OF KENAI RECEIVING ASSURANCE THAT WASTE AND WATER SYSTEMS CONFORM TO DEC REQUIREMENTS. KAREN MAHURIN SECONDED. Planning & Zoning Commission July 26, 1995 Page 7 Karen Mahurin asked for clarification, on the motion. She asked Bryson if the DEC report shows systems are okay, would he be okay with the permit. Phil Bryson, said "no", he would not be satisfied with just a letter systems were appropriate. The City would have to be assured systems were in compliance. Jack La Shot noted the City does not get involved with on-site conformance. PUBLIC COMMENT ON AMENDED MOTION. Jim Richardson, expressed concerns that the other items he had outlined, would not be addressed, just the water and sewer systems, if the permit was approved. Chairman Walker noted at this point the motion was just to address the DEC requirements. COMMISSION DISCUSSION. No additions. VOTE: AMENDED MOTION: BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER- QUADE YES ABSENT YES YES ABSENT YES YES MOTION PASSED UNANIMOUSLY. COMMISSION DISCUSSION -MAIN MOTION. Karen Mahurin, felt there were still too many problems with the permit to approve it as proposed. She said she would still be voting no on this item. Phil Bryson voiced concerns that this development is exceeding the intent of the original CUP. This is not a situation that is compatible with asingle-family neighborhood. Chairman Walker felt this area was what the Recreation Zone (R) was created for. But the R is not now utilized. When the zone is utilized this type of development should continue to be allowed by CUP. Planning & Zoning Commission July 26, 1995 Page 8 ~~~ MAIN MOTION: BRYSON GLICK GOECKE MAHURIN TOPPA WALKER WERNER- QUADE NO ABSENT YES NO ABSENT YES NO MOTION FAILED BY MAJORITY. Councilman Smalley noted the public's concern over violations of CUPs along Anglers Drive. He suggested Staff investigate the area for further violations. 7. NEW BUSINESS 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS 10. REPORTS a. City Council Councilman Hal Smalley reported the Council approved a $40,000 grant to the Economic Development District (EDD) for purchase of the Arco Building for a Business Incubator and Office. The Kenai Beach area is open to dipnetting. The plan established at a recent worksession is a three year plan, to develop parking areas, restrooms, boardwalks, signs, etc. Council feels it is important to not lose site of the goals regarding this sensitive area. The EDD is drafting a plan for a covered ice rink. The City is considering a bond issue for development of such a facility. A bond issue is also being considered for the Library expansion. Ron Goecke expressed concern that the City had given money to the EDD for an office and Business Incubation Center. As a small businessman he felt it was unfair that tax payer's money would go to support such a developm ent. Karen Mahurin asked if a decision had been made on the DeWayne Benton. Planning & Zoning Commission July 26, 1995 Page 9 Hal Smalley said he had not attended the Board of Adjustment Hearing, and a decision had not been reached to date. b. Borough Planning Phil Bryson noted the Commission had approved a Coastal Consistency Review for Iniskin. This is a dredging operation near Homer which was approved by the Corps of Engineers. Items of interest to Kenai were two Utility Easement Vacation Requests for Beaver Creek Estates and Laddville Replat. These were both approved. c. Administration Jack La Shot reported that he had received a call from Don Aase, owner of the King's Inn. Aase is planning to fill in the lot behind King's Inn to prepare the area for future development. The material will come from the Kenai Spur Project. A Landscaping/Site Plan may be forthcoming on this item. 11. PERSONS PRESENT NOT SCHEDULED None. 12. INFORMATION ITEMS ? 1. Kenai Parks and Rec Department Wrap-up of 1994 Season 13. COMMISSION COMMENTS & QUESTIONS Teresa Werner-Quade expressed concern about the vagueness of the Vozar proposal. She felt the Commission and City should closely scrutinize this project as it is developed. Karen Mahurin was glad to see someone doing something toward the development of Old Town. She was concerned over the Angler's Drive area and the impact of improper disposal systems on Beaver Creek and the Kenai River. Mahurin noted this was Loretta Harvey's last meeting as she was leaving the City. The Commission and Councilman Smalley thanked Harvey for the good job she had done for the City. Planning & Zoning Commission July 26, 1995 Page 10 ~~ 14. ADJOURNMENT There being no further business Karen Mahurin moved for adjournment. Ron Goecke seconded. The meeting was adjourned at approximately 9:00 P.M. Respectfully submitted, oretta H rvey, A inistrative Assistant Planning & Zoning Commission July 26, 1995 Page 11 5a STAFF REPORT To: Planning & Zoning Commission Prepared By: JL/kw Date: August 4, 1995 Res: PZ 95-40 GENERAL INFORMATION Applicant: Batir Creative 7984 Kenai Spur Hwy. Kenai, AK 99611 Requested Action: Landscape/Site Plan Review Legal Description: Lot 4-A, Blk. 15 - Replat of Kenai Townsite Existing Zoning: Central Commercial ANALYSIS City Engineer: The applicant wishes to construct an addition and a patio w/awning at the rear of the existing Bailie building, and a walkway awning. The KMC requires a Landscaping/Site Plan Review since the zone is CC. No landscaping is planned and no change in parking needs is anticipated. Building Inspector: No comment. RECOMMENDATIONS Approval. ATTACHMENTS 1. Resolution No. 95-40 2. Landscape/Site Plan Review Application 3. Site plan CITY OF`KENAI 'PLANNWG AND ZONING COMMISSION RESOLUTION' NO. PZ 95-~ o LANDSCAPING/SITE PLAN 'REVIEW A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED LANDSCAPING/SITE PLAN REVIEW BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached Landscaping/Site Plan Review was submitted for _ Rat it C'r _a t; vn ,and received Auk„fit n' 1995. WHEREAS, the City of Kenai Planning and Zoning Commission finds this plan provides for orderly and safe development within the City commensurate with protecting the health, safety, and welfare of its citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of commercial and industrial areas; and, WHEREAS, the plan appears to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City; and, WHEREAS, the purpose of landscaping is to visually enhance the City's appearance and reduce erosion and storm runoff, and the plan appears to meet this criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE LANDSCAPING/SITE PLAN BE APPROVED AS SUBMITTED. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, n,,, c„fit ~ , 1995. :~ CHAIRPERSON r ~ TTEST: P anning" ecretary C:\WPDOCS\P2RES\SITE LANDSCAPINGJSRE PLAN REVIEW APPLICATION APPLICANT ~~T~~ G~-~q~-t~l" l~~ ADDRESS ~ ~/~ ~ MAILING''ADDI~ESS ~ ~ Sa'~~. ~~ PHONE 2$3 °~~ BONING C RR RR-1 RS RS-1 RS-2 R CC CG IL R TSH DESIGNATION (Circle one) LEGAL.. PROPERTY OWNER ~E~~-c~ Pt~`~'t~~ ~~`1~~~-Itt!(~ ~tr'LUrc,c Please include the following in the Sit Plan. If not applicable please put an NA next to the item. ~~ a. ~(~ b. 4~~- c. of f~ d. e. ~_ f. g. Common and scientific name of the planting materials to be used in the project. Typical planting details. Location of all planting areas and relationship to buildings, parking areas, and driveways. Identification and location of non-living landscaping materials to be used. Identification of on-site snow storage areas. Drainage patterns. Description of buildings, including building height, ground floor dimensions, kinds of building materials, type of architecture anticipated. ~~` h. Physical features of the property including location of all buildings, ingress and egress, and unusual features of the property which may restrict development and drainage. Additional comments: THr t r~ P~t/EMEiiI7-5 j o TtfE f3~4/t~r 13~I~.Dt~~- lN~-~-iJ/~E ~ to K z~ ~~,~ rT~ioN air 2~r9-~2 ue= l3u t ~~~ ~ ~ G r4 ~6 ~K 2~ ~ ~t+~ •~ /-}~,rn~'~nr~- ~.v vcrt.. ~ a:.reA i~~l t,- . c~ v,~rG ~20~ ,- cs F w H^~K IW'A~d 7i+~ v vt ~2tk f~ -~~t~i~J t 5 70 U~G~PrOE f}PP~R~~~1Gc p1= ~3~,t..-~~r N Cr' i ~NVE ~- ' ~ P~.~. CpO~i ' ~ i ~~^~' ~~ i ~ -'i" tN ~ ' /p~ .~ THIS LOT SERVED BY CITY SEWER & WATER. AS-BUILT CERTIFICATION ~r ~ * f4aIK t~' 1 :~ a........... ................. • .- « , ~ ~~ M '~+., ~• a0 ~~e. V~Y~t~t~o s ~ LSD' lUl ~. ••~;~t~ ~~ ~\ 1 i •.;; ~- ~~'S . •~ I hereby certify that I have surveyed the ' following described property :_„(77_13A~itRn1 LOT 4-A BLK. 15 -REPEAT OF KENAI TOWNSITE and that no enchroachments exist except ~s indic~teri. LEGEND ~ Fnd, official monument • Fnd. 5/8" rebar IU a AGENDA RENAI CITY COIINCIL - REGIILAR MEETING AIIGIIST 2, 1995 7500 P.M. RENAI CITY COIINCIL CHAMBERS 7:00 p.i. -- FIBLD T$IP TO SPRIICB STREBT BEACH [xeqular Council Meetinq rill continue upon return to City gall (approziaately 7:45 p.=.)] A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council 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. S. SCHEDIILED PIIBLIC COMMENT (10 Minutes) 1. John D. Bierdeman - Far North Firewood & Timber - Proposal for Removal of Beetle-Kill Spruce Trees. C. PIIBLIC HEARINGS G/. 1. Ordinance No. 1656-95 - Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund for Contribution to the Economic Development District, Inc. (EDD) for the Acquisition of the ARCO Warehouse and Office Complex in Kenai. ~~~2,~ed Gt. 2. Ordinance No. 1657-95 - Amending KMC 14.20.220 (c) (2) to Require that Candidates, Individuals, or Organizations Responsible for the Placing of Political Campaign Signs to be Responsible for Their Removal Within Two Weeks of the Date of the Relevant Election. ~"~~~~`~ 3. Ordinance No. 1658-95 - Authorizing the Appropriation ~~~~~~ ~ of $4,334 in the Congregate Housing Facility Enterprise Fund for a Solarium and Storage Shed. -1- i~/,~nen~~6`4. Resolution No. 95-42 - Awarding a Contract for the Construction of the Congregate Housing Greenhouse and ~~~• Storage Shed to Blazy Construction for the Total Construction Amount of $118,400.00 Which Includes the Basic Bid Only. ~~~~ ~ 5. Resolution No. 95-43 - Formally Accepting FY96 Municipal Matching Grant Number 96/587-4-001 From the State of Alaska, Department of Administration in the Amount of $211,665.00 for a Water Quality/Development Program, and Accepting the Conditions of the Grant Agreement. ~~ ~ 6. Resolution No. 95-44 - Transferring $3,479 in the Water and Sewer Fund for Additional Money for a 3/4 Ton Truck. 7. Resolution No. 95-45 - Awarding the Bid for Various /~~~~~ ~' Vehicles to Hutchings Chevrolet, Seekins Ford, and Craycroft Chrysler. 8. *1995/96 LIQIIOR LICENSE RENEWAL - WITHDRAWAL OF PROTEBT - Kenai Joe's - Beverage Dispensary. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINIITES 1. *Regular Meeting of July 19, 1995. F. CORRESPONDENCE G. OLD BIISINE88 H. NEW BIISINE88 ~jjFrDde~ 1. Bills to be Paid, Bills to be Ratified -2- ~~~~~~ 2. Purchase Orders Exceeding $2,500 ' 3. Discussion - AML Preliminary Position Statement in Support of the Alaska Long Range Financial Plan. 4. Discussion - Daubenspeck Property/Directive to Correspond on Behalf of The Continuum Corporation. E%ECIITIVE SESSION I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCIISSION 1. Citizens (five minutes) 2. Council R. ADJOIIRNMENT -3- iaQ BEFORE THE BOARD OF ADJUSTMENT FOR THE CITY OF KENAI IN THE MATTER OF THE APPEAL OF ) THE DENIAL OF A ZONING CHANGE ) FOR DEWAYNE J. BENTON ) Case No. BA-95-1 The appeal of DeWayne J. Benton is granted. BACKGROUND On May 8, 1995 DeWayne J. Benton filed an application to rezone Lots 3 and 4, Block 8, Shaginoff Subdivision, located in the City of Kenai. The proposal requested a change from Rural Residential (RR) to General Commercial (CG). The change would allow the applicant to use the azea for an electrical and plumbing shop. A map indicating the location of the property is attached as Exhibit 1. The area requested to be rezoned is 1.85 acres of land in two lots located along the Kenai Spur Highway. Following the required public notice procedures, a public hearing was held before the Kenai Planning & Zoning Commission on May 24, 1995. During the public hearing, the applicant was the only member of the public to speak on the issue. Mr. Benton stated the rezone was consistent with other property in the azea. He noted there is a commercial zone across the Spur Highway from his property. A letter in opposition to the proposal from R. E. Robinson, Trustee of 4M Enterprises, was submitted to the Planning & Zoning Commission. The letter expressed a concern that the proposed zoning change would decrease the value of nearby property. CITY OF KENA1 BOARD OF ADJUSTMENT DECISION -Page 1 of 6 Following discussion of the issue, the commission voted four to two against the proposal. One member was absent. On June 9, 1995 Mr. Benton filed an appeal of the Commission's decision with the Kenai City Clerk under KMC 14.20.290. The public hearing on the appeal was heard by the Boazd of Adjustment on July 5, 1995. The only public testimony at the hearing was from DeWayne Benton. He referenced his letter of appeal for some of the reasons to support his appeal. That letter notes that the character of the Spur Highway has changed in recent years with the marked increase in traffic volume along it. It notes that the commercialization will continue to grow. It also argues that commercial use along a busy highway is preferential to residential use. No other public testimony was given. A letter from R. E. Robinson, Trustee of 4M Enterprises, was read into the record at Mr. Robinson's request. The letter opposes the rezone because of the feeling that increased commercial activity in the azea would decrease property values. DISCUSSION AND FINDINGS As Mr. Benton noted, the Kenai Spur Highway has experienced a marked increase in traffic in the last few years. That increase is expected to continue in the future, especially given the state's current expansion of the highway. The highway's increase in size and use has already changed the character of the area. That change will become more pronounced in the future. The area along the edge of the highway, once amenable to residential use, is decreasingly useful for residential purposes. The area directly across from and bordering on the highway from the Benton's property is currently 1 CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 2 of 6 zoned General Commercial (CG). A nearby area along both sides of the highway near Beaver Loop Road is also zoned CG. Although we feel a more comprehensive approach of rezoning the property along the Spur Highway will be desirable in the near future, we feel the rezoning of the property in question is appropriate given the changing nature of the size and use of the Spur Highway. We do not feel that changing the zoning along the Spur Highway from residential use to commercial use will necessarily decrease the value of property along it. In fact, we feel that recognizing the changing nature of the highway and rezoning the property to commercial uses to reflect that change will increase the value of the property in the long term. A growing highway will decrease the value of residentially zoned property along it. The simple fact is that homes located along busy highways are less desirable for residential use due to traffic noise, safety concerns for children, and access problems. That drives down the price or value of residential property along a highway. It is the changing nature of the highway, not simply commercial development; therefore, that poses the most direct threat to residential use along the sides of it. In contrast to residential property, the value of commercial property along a highway increases with increased size and use. Leaving the property zoned RR will not, for the above reasons, protect the property values for residential use of such property located along the edge of a highway. For the above reasons, we grant the appeal of Mr. Benton and hold that the Kenai Planning & Zoning Commission should have approved the proposed zoning CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 3 of 6 amendment. We note, however, that this decision by itself does not change the zoning of the property in question. That must be done by a separate ordinance pursuant to KMC 14.20.270. Therefore, we direct the City Administration to prepare the appropriate ordinance for introduction to change the zoning of the property to question to Commercial General. DATED this 'T day of August, 1995. il.~ Ra nd Measles, Vice-Mayor C. Bookey, III, Council i Christine Monfor, Council ember (not participating) Hal Smalley, Council Member i Duane Bannock, Council Mem CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 4 of 6 DISSENTING OPINION 1 While I understand the concerns of the majority, I believe the Planning & Zoning Commission reached the correct decision in denying Mr. Benton's request.' I agree with the majority that the City needs to take a comprehensive look at rezoning the Spur Highway to Commercial-especially in light of the current expansion project. However, I feel the City should start the process closer to the downtown area and then work toward Soldotna as necessary. I also note that the City turned down a similar request in 1985 to rezone these lots from Rural Residential (RR) to General Commercial (CG). That decision should be adhered to until such time as the areas along the highway closer to downtown are rezoned. For the above reasons, I respectfully dissent from the decision of the Board of Adjustment. DATED this 3 day of August, 1995. ' Mayor Williams, although unable to attend the Board of Adjustment Hearing, listened to the tape recording of the hearing and reviewed the record of this matter prior to issuing his decision on the matter. CITT OF KENAI BOARD OF ADJUSTMENT DECISION -Page 5 of 6 DISSENTING OPINION I feel the Planning & Zoning Commission's decision should be upheld but for different reasons than set forth by John Williams. I shaze the majority's view that the City should take a comprehensive look at rezoning the Spur Highway in light of the expansion of it by the state. For that reason, I do not feel it is appropriate to do that review on a parcel by pazcel basis. I note an attempt to rezone the property in question was denied by the City in 1985. Moreover, Mr. Benton was aware of the rural Residential zoning of the property prior to purchasing it. Rather than rezoning the property, I feel Mr. Benton should apply for a conditional use permit under KMC 14.20.150. If a conditional use permit were granted, it would allow Mr. Benton's business to operate on the site while ensuring that future owners of the site would not change its commercial use to a more intrusive one. For example, a plumbing contractor's business may well not interfere with the neighbor's residential use of property while a convenience store probably would do so. For the above reasons, I respectfully dissent from the decision of the Boazd of Adjustment. DATED this ~ day of August, 1995. Linda Swarner, Council Member CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 6 of 6 ~C~ .. R O f 4 O ' .V ~ ,,. !! E R ~, t tt TR. A ~ ~y YUCK ~ !N~ • aA~ "s •. 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