HomeMy WebLinkAbout1992-05-13 P&Z Packet
RENAL PLANNING & ZONING COMMISSION
April 22, 1992 - 7:00 P.M.
City Hall Council Chambers
Chairman Art Graveley
***MINUTES***
1. ROLL CALL
Commissioners Duane Bannock, Carl Glick, Bernard
present: Landeis, Kathy Scott, Phil Bryson
Saylor Rehm
Commissioners absent: Art Graveley (excused) .
Also present: Councilman Hal Smalley, Jack La Shot, City
Engineer, Loretta Harvey Administrative
Assistant, Jim Bookey, Don Estes, Jimmie
& Myrna Davidson, Susan Anderson, Dennis
Shaeffer
Commissioner Bryson was asked to Chair the meeting since Chairman
Graveley was absent and Vice-Chairman Glick was late.
2. APPROVAL OF AGENDA
Bryson asked that Items 8 a. and b. be moved to the Public Hearing
portion of the agenda. Bannock moved approval of agenda as
amended. .Landeis seconded. Passed unanimously.
3. APPROVAL OF MINUTES - April 22, 1992
Bannock moved approval of minutes as presented. Rehm seconded.
Passed unanimously.
4. PERSONS PRESENT SCHEDULED TO BE HEARD
5. PUBLIC HEARINGS
a. Resolution PZ 92-7: Conditional Use Permit -
Bed & Breakfast - Leila R. Davidson
i
La Shot, reported that this was presently a vacant piece of
property between the Spur Highway and 3 W Subdivision.
Bryson explained that the first Public Hearing Notice which
appeared in the Clarion contained an incorrect legal description of
this property. The second notice was corrected and information
mailed to interested parties and surrounding property owners was
correct.
KENAI PLANNING AND ZONING COMMISSION
April 22, 1992
Page 2
Bryson opened the meeting to Public Hearing.
Susan Anderson, Box 182, Kenai, expressed concern over the removal
of trees which would act as a buffer between 3W S/D and also the
Spur Highway. She also felt that more information was needed in
regards to where the home would be located due to the sensitive
marshy area which surrounds the property. Anderson also expressed
concern over increased traffic on Ross street, as this is already
a well used street and cannot support much more traffic.
Jimmie Davidson, Box 994, Kenai spoke representing the applicant,
who is his daughter and was unable to attend the meeting. Davidson
explained that this property was homesteaded in 1955 by his family
and that the marshy area would not be disturbed for this
development. As many trees as possible will be left on the
property with buffers along the Spur and between 3W S/D.
Myrna Davidson, Box 994, mother of applicant, said that the
proposed accesses would be either from the Spur or from Ross
street. Which ever would be best for the area. She reiterated that
they would keep as many trees as possible.
Bryson asked the Commission if he could read a letter which was
sent from Nancy Wirtinen into the record. Permission granted. The
concerns mentioned in the letter were: increased traffic on Ross
Road; how many people the B&B would accommodate; type of buffer
which would be provided; and affects on marsh habitat (letter
attached). She asked that the Commission postpone decision until
the application could be further clarified.
Bryson asked for further comments.
back to Commission.
Hearing none he brought issue
MOTION:
Bannock moved approval of Resolution PZ92-7: Conditional Use
Permit for a Bed & Breakfast: Leila R. Davidson. Scott seconded.
Discussion on motion.
Bannock said he felt that the parking was not addressed adequately
in the application. He asked for clarification on parking area.
Jim Davidson explained that he had homesteaded this property in
1955 and had worked in concrete and construction for 37 years in
the Kenai area. The parking lot and road would be sufficient, all
sand and gravel over hard surface. He said he had looked at Ross
road and there were some frost heaves, which he felt would be
repaired with the Spur Highway project. This project might also
effect how they have to access the property.
Bryson asked if Davidson had spoken with DOT about the access?
Davidson said he had not spoken to DOT, but planned to.
KENAI PLANNING AND ZONING COMMISSION
April 22, 1992
Page 3
Scott asked how many people would be allowed to stay in the B&B?
Davidson said that two bedrooms would be used which would
accommodate from two to four people.
VOTE:
Bannock - Yes
Glick - (Did not vote on this item - arrived late)
Landeis - Yes
Scott - Yes
Bryson -Yes
Rehm - Yes
Motion passed unanimously.
b. Resolution PZ 92-8: Conditional Use Permit - Cabin Rental
Leila R. Davidson
Bryson opened the meeting to Public Hearing on this item.
Dennis Schaeffer, 545 Wortham, expressed concern over increased use
of traffic on Ross Road if the cabin access is there. He said he
was concerned over the size of the cabins, amount of people
utilizing the cabins and length of stay for rentals. Schaeffer
also asked how the city notified residents since he lived in 3W S/D
and was not notified.
Loretta Harvey said that the Kenai Municipal Code requires a Public
Hearing notice to surrounding property owners within 300 feet of
the lot lines. The first set of lots in 3W are approximately 310
to 330 feet so by code no one else needed to be notified.
Bannock questioned whether the cabins actually required a CUP.
There had been some question over this activity needing a permit in
the past and the Land Use Table did not really address cabin
rentals in the Rural Residential Zone.
Scott said that several other cabin rentals had been started in the
area and these had been approved under CUP. She thought perhaps
the City Attorney could interpret the Code to clarify this issue.
Bannock felt that perhaps the cabin rentals would qualify as a
residence in the RR Zone. Other CUP for cabin rentals had been
tied to other activities.
Bryson said that the Commission could continue the Public Hearing
until the next meeting if they needed more information.
Susan Anderson expressed concern over what the cabins would look
like and also if the development can turn into other things, such
i as a guide service or RV Park without further notifying the City.
Bryson said the cabins would be governed by the same criteria as
other buildings within the City.
• KENAI PLANNING AND ZONING COMMISSION
' April 22, 1992
Page 4
Bannock said that an RV Park would require a Conditional Use
Permit. It would be impossible to develop one unless the applicant
came back before P&Z. He still felt that the cabin rentals did not
require a Conditional Use Permit.
MOTION AND VOTE:
Scott moved to continue the Public Hearing on Resolution PZ92-8
until the next meeting (May 13th). Rehm seconded. Passed
unanimously.
Smalley suggested that staff request that the City Attorney review
the Code and interpret whether a Conditional Use is required for
cabin rentals in the RR Zone.
6. OLD BUSINESS
7. NEW BUSINESS
8. PLANNING
a. Request for Relaxation of Sign Ordinance
La Shot reported that Don Estes, who was in the audience, had
talked to Howard Hackney, Building Official, regarding a blimp sign
which would advertise his business. This type of sign is not
addressed in the code so Hackney had told the applicant he should
probably seek a variance of the sign code. This type of sign could
possibly be allowed as a temporary sign, but by code it could only
be up seven days per year. Estes sign would be up "weather
permitting".
Estes said he had thought the sign would be good, because his
business is blocked by other buildings and hard to see. He showed
the Commission brochures of the type of sign he would like to have.
Estes said the sign would be approximately 65 feet and the code
allows up to 85 feet.
Bannock said that he felt the sign could be allowed if considered
similar to a flag. He felt it was important that the Commission
find a way to let Estes use this sign.
Scott said that she had worked for another city on the Peninsula
and the people of that community were opposed to these types of
signs. The KMC does state that signs not listed in the code are
prohibited. Scott asked if a variance were sought, if that process
included a Public Hearing?
Bannock felt the Code spends too much time telling what is
prohibited. Government regulates too much and he hoped that the
Commission would find a way to grant this variance.
• KENAI PLANNING AND ZONING COMMISSION
April 22, 1992
Page 5
MOTION:
Bannock moved to grant variance to height requirements to roof
sign. Landeis seconded.
Scott asked if the variance required a public hearing she felt that
the motion should be modified to allow for this since the public
process requires that both sides be heard on an issue. If there is
an objection from the public regarding this sign the Commission
needs to hear it.
So noted.
VOTE:
Bannock - Yes
Glick - (Did not vote on this item - arrived late)
Landeis - Yes
Scott - Yes
Bryson -Yes
Rehm - Yes
Motion passed unanimously.
b. Development in TSH Zone - Bookey (hand carried)
Bookey said he had began tearing down his old restaurant and
realized that three walls were still structurally sound. Bookey
would like to use these three walls and add a new front to turn the
building into a gift shop. He said since he first inquired about
this development and was told he needed to come before the
Commission he had learned that the area was possibly going to be
rezoned and he may not need to go through P&Z. He does not plan to
start construction until after the proposed rezone.
9. REPORTS
a. City Council
Smalley reported on agenda items. The last meeting was Student
Council night and since it took two students to be the police
chief, the Student Council recommend a 150% pay increase for the
Chief. Smalley said he would like to see students possibly attend
a P&Z meeting as part of learning about the government process.
The Council approved several construction site change directives.
Some alterations of building plans were thought to be a problem
with design. But in order to not hold up the construction the City
would pay for alterations and try to be reimbursed for these funds.
The Council voted to fund a bucket truck. The truck did not need
to go to bid because it was a sole source. The truck will save the
City approximately $2,000 a year in cost of hanging banners, which
were previously done on contract with HEA.
• KENAI PLANNING AND ZONING COMMISSION
April 22, 1992
Page 6
The Council is presently involved in Budget work sessions.
b. Borough Planning
Spruce Meadows S/D was approved at the Borough level.
c. City Administration
La Shot had brought a map showing the proposed rezone for the
Townsite Historical Zone. The Planning Department would like to
proceed with the Rezone if the Commission concurred. La Shot said
Bookey would like to see Bookey's RV Park included in the newly
proposed Central Commercial (CC) section.
Bryson asked that the regular meeting be continued at this time, to
allow a motion to recommend that Staff proceed with the rezone.
MOTION AND VOTE:
Bannock moved to recommend that the Planning Staff proceed with
process of rezoning the Townsite Historical Zone, per drawing
submitted on April 22, 1992. Landeis seconded and included verbal
request to include Bookey RV Park on Kenai Spur Highway frontage
property in proposed Central Commercial Zone. Passed unanimously.
10. PERSONS PRESENT NOT SCHEDULED
11. INFORMATION ITEMS
1. All American Cities Application
2. City Council Agenda
3. KPB Planning Commission Agenda
12. COMMISSION COMMENTS & QUESTIONS
Bannock recommended holding the next meeting in a large building to
accommodate the public, who may want to give testimony on the TSH
rezone.
Scott wished to send compliments to the preparer of the All
American City application. She felt it was extremely well done.
She also asked that she be excused for the May 27th meeting.
Bryson reported that he had received a copy of the Comprehensive
Trail Plan for the Kenai Peninsula Borough if Commission members
were interested in reviewing this document.
Smalley invited the Commission and Staff to the Grand Opening of
the Kenai Bicentennial Visitor and Cultural Center at 12:00, noon,
on April 25th.
• KENAI PLANNING AND ZONING COMMISSION
" April 22, 1992
Page 7
~ 13. ADJOURNMENT
There being no further business the meeting was adjourned at 9:00
p.m.
Respectfully ubmitted,
~~
Loret H vey
Administrative Assistant
Planning Department