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HomeMy WebLinkAbout2015-05-27 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS MAY 27, 2015 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER Commissioner Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Twait led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: G. Pettey, K. Peterson, J. Twait, J. Glendening, D. Fikes R. Springer Staff /Council Liaison present: City Planner M. Kelley, City Clerk S. Modigh, Deputy City Clerk J. Heinz, Planning Assistant W. Anderson, City Attorney S. Bloom A quorum was present. c. "Excused Absences — None. d. Agenda Approval Chairman Twait noted the following items were provided by Administration as a laydown for inclusion as supporting documentation in the packet: Add to Item 2.a Approval of Minutes April 22, 2015 minutes Add to Item 2.a Approval of Minutes • May 13, 2015 minutes Add to Item 10.a City Council Action Agenda • May 20, 2015 MOTION: Commissioner Peterson MOVED to approve the agenda including the items noted as a lay down by Chairman Twait; Commissioner Glendening SECONDED the motion. There were no objections; SO ORDERED. e. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Springer SECONDED the motion. There were no objections; SO ORDERED. *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 —April 22, 2015 & May 13, 2015 Approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) — None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) — None. 5. CONSIDERATION OF PLATS: None. 6. PUBLIC HEARINGS: a. PZ15 -10 — Application granting a request for a conditional use permit for construction and operation of a gravel pit for the extraction of natural resources for the property described as the NW1 /4 SE1 /4. Section 4, Township 5 North, Range 11 West, excluding Jaynes Subdivision. The application was submitted by Greg Duggan, P.O. Box 42, Kenai, Alaska 99611 and Tom Reese, 49820 Leisure Lake Dr., Soldotna, AK 99669. City Planner Kelley reviewed his staff report recommending approval of the conditional use and variance permits. MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ15 -10 and Commissioner Glendening SECONDED the motion. Chairman Twait opened the public hearing. Shawn Brown at 404 Rogers Road, Kenai, spoke in support of the development, noted that the most noticeable noise was road noise and also noted no significant difference in the noise on his Beaver Loop property which is approximately 1,000 feet from the development. Greg Daniels at 426 Rogers Road, Kenai, expressed concern with noise abatement and starting time. He also expressed concern with children playing around any potential lake that develops. Kelly Kelso at 408 Rogers Road, Kenai, also expressed concerns with noise, suggested Planning and Zoning Commission Meeting May 27, 2015 Page 2 containment for the screener, limiting the hours more, and revisiting the permit soon after issuance. She further expressed concern with congestion at entrance of Bridge Access. Michael Christian at 410 Rogers Road, Kenai testified that he would like to keep as many trees as possible; was satisfied with the conditions, but was concerned about potential future undesirable impacts. Christine Kissee at 402 Rogers Road, Kenai, expressed concerns with noise, pointing out that currently the only noticeable noise at this point was road noise and on occasion can briefly hear operation of the Carlisle scales. Kissee voiced concern with the constant nature of the operations of a gravel pit. Barb Christian at 410 Rogers Road, Kenai, thanked the commission for traveling to the neighborhood, expressed that the operation will work well as conditioned, and hopes the equipment would be parked out of site during the inoperable hours. Karen Monell at 323 Portlock Street, Kenai, testified in favor of pro - quality of life; that noise funnels to her property and until the sound can be mitigated, would not be satisfied with the development; noted that she doesn't notice Hilcorp, the fish plant, or the dipnetters. Pat Falkmer at 399 McCollum, Kenai, testified on behalf of Don Lasov who owns the welding shop adjacent to the proposed gravel pit noting concerns with noise, dust, wildlife in the area, flooding and the water table. Gina DeBardelaben, engineer with McLane Consulting, hired by Brown as a consultant addressed concerns including noise, dust control, tree clearing for safety, fencing, and flooding. Additionally pointed out that the operator's Nikiski pit operated 24 days in the last year and that the hours of operation were put forth by the applicant. Mike Brown at 601 Highbush Lane, Kenai, owner of the proposed gravel pit also addressed concerns by pointing out that screening operations would be for top soil only and that calcium chloride had been applied for dust control. Also pointed out was that there had been no noise complaints about the work that has taken place thus far which was much noisier than operating the gravel pit; explained that operations were set up in a continuous loop so the trucks won't have to back up much and answered questions about tree removal for line of sight and fencing for security; was amenable to operating 8:00 a.m. to 8:00 p.m. for product movement as long as work could be done on equipment during the other times. There being no one else wishing to speak, the public hearing was closed. MOTION TO AMEND: Commissioner Glendening MOVED to amend condition of operations # 6 from 6:00 a.m. — 8:00 p.m. to 8:00 a.m. — 8:00 p.m. for movement of materials and Commissioner Pettey SECONDED the motion. VOTE ON THE AMENDMENT: YEA: Pettey, Peterson, Fikes, Twait, Glendening, Springer NAY: Planning and Zoning Commission Meeting May 27, 2015 Page 3 MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Commissioner Springer MOVED to amend condition of operations #2 to delete the following, "Fence shall also include the installation of view obscuring material that is weatherproof and sturdy. Color of view obscuring slats shall be earth tone." to read as follows: Prior to commencement of construction and extraction of Natural Resources, Applicant shall be required to construct a non - climbable 6 foot high fence as shown on the approved site plan along Childs Avenue. and Commissioner Peterson SECONDED the motion. VOTE ON THE AMENDMENT: YEA: Pettey, Peterson, Fikes, Twait, Glendening, Springer NAY MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Pettey, Peterson, Fikes, Twait, Glendening, Springer NAY: MOTION PASSED UNANIMOUSLY. b. PZ15 -11 — Application for Variance Permit for setback requirements for the property located at 503 Childs Avenue, the NW '/< SE' /, Section 4, Township 5 North, Range 11 West, excluding Jaynes Subdivision. The application was submitted by Greg Duggan, P.O. Box 42, Kenai, Alaska 99611 and Tom Reese, 49820 Leisure Lake Dr.,Soldotna, AK 99669 MOTION ON THE FLOOR: Commissioner Fikes MOVED to approve Resolution No. PZ15 -11 including staff recommendations and Commissioner Glendening SECONDED the motion. Chairman Twait opened the public hearing. Gina DeBardelaben, engineer with McLane Consulting, hired by Brown as a consultant pointed out that the applicant originally proposed a 15 foot buffer but at staff recommendation agreed to increase the buffer to 50 feet. There being no one else wishing to speak, the public hearing was closed. Kelley clarified that setback on Childs Road is currently 80 feet, but assuming plat is recorded the setback changes to 50 feet, and that the resolution is written assuming that the plat would be recorded. MOTION TO AMEND: Planning and Zoning Commission Meeting May 27, 2015 Page 4 Commissioner Fikes MOVED to amend PZ15 -11 by substitution and Commissioner Peterson SECONDED the motion. MOTION TO AMEND THE SUBSTITUTE: Commissioner Fikes MOVED to amend, in the substitute resolution, condition of operations #2 to delete the following, "Fence shall also include the installation of view obscuring material that is weatherproof and sturdy. Color of view obscuring slats shall be earth tone." to read as follows: Prior to commencement of construction and extraction of Natural Resources, Applicant shall be required to construct a non - climbable 6 foot high fence as shown on the approved site plan along Childs Avenue. and condition of operation # 6 from 6:00 a.m. — 8:00 p.m. to 8:00 a.m. — 8:00 p.m. for movement of materials and Commissioner Peterson SECONDED the motion. VOTE ON AMENDING THE SUBSTITUTE: YEA: Pettey, Peterson, Fikes, Twait, Glendening, Springer NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE AMENDED SUBSTITUTE: YEA: Pettey, Peterson, Fikes, Twait, Glendening, Springer NAY VOTE ON THE MAIN MOTION AS AMENDED: YEA: Pettey, Peterson, Fikes, Twait, Glendening, Springer NAY: MOTION PASSED UNANIMOUSLY. c. PZ15 -14 - A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending the City Council amend Kenai Municipal Code section 1.90.030 - Qualifications, to allow up to two of the seven members of the Planning and Zoning commission to be non - residents if they either own property or a business located within the city and make other housekeeping changes City Planner Kelley reviewed his staff report explaining the ordinance Bloom explained the resolution was drafted due to the Mayor having trouble recruiting; Soldotna and Homer have similar legislation. Bloom further explained that the qualifications for a Commissioner are that they not be a city employee, but city resident. MOTION: Commissioner Glendening MOVED to approve Resolution No. PZ15 -14 and Commissioner Peterson SECONDED the motion. Planning and Zoning Commission Meeting May 27, 2015 Page 5 Chairman Twait opened the public hearing Kelly Kelso at 408 Rogers Road, Kenai, testified that she had applied for a seat on the Planning and Zoning Commission and was not nominated and also felt the Planning and Zoning Commission was the most important Commission. Kelso further expressed opposition to allowing non - residents on the Commission. Michael Christian at 410 Rogers Road, Kenai testified that he'd been on the Planning and Zoning Commission and found it difficult but rewarding; didn't see advantage of outside representatives and was afraid doing so would leave the City up to abuse. Kristine Schmidt at 515 Ash Avenue, Kenai testified that the lack of qualified candidates was false and suggested that candidates are not nominated for political reasons; she speculated that applications were kept on file for one year creating an ongoing pool that could be drawn from. Mayor Porter asked for support and explained the issue was not political because she nominates and Council votes on the appointment. Porter advised that interviews of applicants are conducted to determine they have a vision to grow the community or move it forward. She suggested that owners of businesses make their living here and this would provide another tool to keep the Commission full; suggested amending it until the Commission was satisfied. There being no one else wishing to speak, the public hearing was closed. MOTION: Commissioner Glendening MOVED to recommend that Council postpone adoption of the ordinance to June 17 to allow the Planning and Zoning Commission to further consider the ordinance at their June 10 meeting and Commissioner Peterson SECONDED the motion. VOTE: YEA: NAY: Fikes, Twait, Springer, Pettey, Glendening, Peterson MOTION FAILED. There was general discussion on what conditions for qualification could be put in place to allow a non - resident to sit on the Commission. VOTE YEA: NAY: Fikes, Twait, Springer, Pettey, Glendening, Peterson MOTION FAILED. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. Planning and Zoning Commission Meeting May 27, 2015 Page 6 9. PENDING ITEMS: None. 10. REPORTS: a. City Council — None. b. Borough Planning — Glendening reviewed action taken at the meeting on May 26, 2015. c. Administration —Working on a Conditional Use Permit for an accessory building and two plats; the Geographic Information System (GIS), looking at bringing GIS to the public through a portal on the website. 11. PERSONS PRESENT NOT SCHEDULED: Kristine Schmidt thanked the Commission for its work and suggested Kelley contact the Borough to interface the systems; specifically for zoning. 12. INFORMATIONAL ITEMS — None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: June 10, 2015 14. COMMISSION COMMENTS & QUESTIONS: Commissioner Pettey thanked the community for tonight's discussion and explained that she didn't have any pre - knowledge of the development taking place; noted that burn permits and some land use permits are approved administratively with no public notice. Commissioner Peterson thanked Kelley for his work. Commissioner Fikes expressed appreciation for staff recommendations. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 9:59 p.m. Minutes prepared and s bmitted by: S n a Modigh, CM ity Jerk Planning and Zoning Commission Meeting May 27, 2015 Page 7