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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