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Home My WebLink About2015-07-22 Planning & Zoning Packet CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS JULY 22, 2015 - 7:00 P.M. 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused Absences *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: a. *July 8, 2015 ....................................................................................................... 1 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 5. CONSIDERATION OF PLATS: None 6. PUBLIC HEARINGS: None 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: a. Consider direction from City Council and establish process to draft Land Use Code relating to Establishments and Businesses Engaged in the Sale, Cultivation, Manufacture and Consumption of Marijuana within the City of Kenai……………………………………………………………………………………7 9. PENDING ITEMS: None 10. REPORTS: a. City Council ....................................................................................................... 70 b. Borough Planning ............................................................................................. 74 c. Administration 11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 12. INFORMATIONAL ITEMS: None 13. NEXT MEETING ATTENDANCE NOTIFICATION: August 12, 2015 14. COMMISSION COMMENTS & QUESTIONS: 15. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JULY 8, 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 Patrick “Jack” Focose was sworn in. Commissioners present: G. Pettey, K. Peterson, J. Glendening, D. Fikes R. Springer, J. Twait, J. Focose Staff/Council Liaison present: City Planner M. Kelley, Deputy Clerk J. Heinz, H. Knackstedt A quorum was present. c. *Excused Absences – None. d. Agenda Approval MOTION: Commissioner Springer MOVED to approve the agenda; Commissioner Glendening SECONDED the motion. There were no objections; SO ORDERED. e. Consent Agenda MOTION: Commissioner Springer MOVED to approve the consent agenda and Commissioner Peterson 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 – June 24, 2015 Approved by the consent agenda. 1 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) – None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) – None. 5. CONSIDERATION OF PLATS: a. PZ15-03 – Preliminary Original Beluga Subdivision 2015 Replat & Right-of-way Vacation, submitted by Kenai New Life Assembly of God, 209 Princess Street, Kenai, AK 99611 City Planner Kelley reviewed his staff report recommending approval of the plat with the condition that at such time the neighboring lot is obtained, a new Plat be submitted to create a cul-de-sac per code. He also asked for an additional condition be added to note that an exception to code has been granted to delay the requirement of construction of a cul-de-sac. MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ15-03 and Commissioner Glendening SECONDED the motion. Chairman Twait opened the public hearing; with no one wishing to speak, the public hearing was closed. MOTION TO AMEND: Commissioner Glendening MOVED to amend the resolution by adding Condition H to read, “An exception to Kenai Municipal Code 14.10.070(d)(3) has been granted to not require the construction of a cul-de-sac or other vehicle turn around. At such time as Beluga Drive North is constructed by Kenai New Life Assembly of God or its affiliates, subsidiaries, or future property owners, a new Plat shall be submitted to the City of Kenai to dedicate this cul-de-sac or other vehicle turn around, subject to approval of the City of Kenai.” Commissioner Peterson SECONDED the motion. VOTE ON THE AMENDMENT: YEA: Pettey, Peterson, Fikes, Glendening, Springer, Twait, Focose NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: YEA: Pettey, Peterson, Fikes, Glendening, Springer, Twait, Focose NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: a. PZ15-19 – Application for a Variance Permit granting an approximately 7.8 foot side yard variance where 10 feet is required to allow a 2.2 foot side yard setback for the 2 construction of an addition to the residence for the property located at 111 S. Gill St., Lot 45, Block 1, Redoubt Terrace Subdivision. City Planner Kelley reviewed his staff report explaining that the area had been a deck, which was allowable, but the applicant added walls and windows which created an addition to the home requiring a building permit and variance. He recommended approval of the variance permit with the following conditions: • Applicant must provide an executed and recorded copy of an Easement Agreement which states that the owner of the neighboring lot will not build, in order to maintain a ten foot easement between buildings per building code. • Applicant must obtain a building permit prior to completion of the room. MOTION: Commissioner Glendening MOVED to approve Resolution No. PZ15-19 and Commissioner Peterson SECONDED the motion. Chairman Twait opened the public hearing. The applicant addressed the Commission noting she had been told in the past that she didn’t need a building permit to replace her deck, that she wanted a roof and windows added to the deck to provide protection from the rain and snow, and that some differences had shown up from her old as-built to the new survey With no one else wishing to speak, the public hearing was closed. VOTE: YEA: Pettey, Peterson, Fikes, Glendening, Focose NAY: Twait, Springer MOTION PASSED UNANIMOUSLY. Chairman Twait noted the 15 day appeal period would begin after the Easement Agreement was Recorded. b. PZ-15-21 – A resolution of the Planning & Zoning Commission of the City of Kenai, Alaska recommending the City Council Amend Kenai Municipal Code 1.90.030 – Qualifications, to allow up to one of the seven members of the Planning & Zoning Commission to be non-residents if they own a business located within the City and making other house keeping changes. MOTION: Commissioner Glendening MOVED to approve Resolution No. PZ15-21 and Commissioner Focose SECONDED the motion. Chairman Twait opened the public hearing. Kristine Schmidt spoke against the resolution recommending removal of the statement that 3 there is traditionally low interest among qualified residents to serve on the Commission, believed the process of the Mayor appointing commissioners to be politicized, and didn’t think that the new language specifying that there isn’t a designated seat for a non-resident meant anything. Mayor Porter pointed out that the Mayor doesn’t appoint Commissioner, but instead nominates someone after vetting the applicants and that the Council appoints. She also pointed out that the Council is elected and votes on the appointment how they want to vote. With no one else wishing to speak, the public hearing was closed. MOTION: Commissioner Glendening MOVED to amend the seventh paragraph to read, “Now, therefore be it recommended to the council of the city of Kenai, Alaska, that the City Council adopt Ordinance No. 2829-2015, as attached hereto, to allow the Planning and Zoning Commission to have up to one member that is not a resident of the city if they have a controlling ownership interest in a business physically located in the city. This provision specifically does not create a designated seat for a non-resident.” Commissioner Focose SECONDED the motion. VOTE ON THE AMENDMENT: YEA: Pettey, Peterson, Fikes, Glendening, Springer, Twait, Focose NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: YEA: Pettey, Peterson, Fikes, Glendening, Springer, Twait, Focose NAY: MOTION PASSED UNANIMOUSLY. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council – Knackstedt provided an overview of The Economic Impact of the Seafood Industry in Southcentral Alaska report presented by Arni Thomson, Executive Director of the Alaska Salmon Alliance at the July 1, 2015 council meeting and suggested that it be referenced in the next comprehensive plan revision. He also reviewed the action agenda of the July 1, 2015 council meeting which was provided in the packet. b. Borough Planning – no report. 4 c. Administration – Kelley explained that development of regulations regarding commercial legalization of marijuana would be coming forth. He also asked for topics of interest for a planning commissioner training he has been asked to help develop by the American Planning Association – Alaska Chapter. 11. PERSONS PRESENT NOT SCHEDULED: None 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: July 22, 2015 Commissioner Glendening noted that he would not be able to attend this meeting. COMMISSION COMMENTS & QUESTIONS: Commissioner Focose offered thanks for his appointment to the Commission and said he looked forward to improving the city as it grows over the next several years. Commissioners Glendening, Peterson, and Twait welcomed Focose to the Commission and thanked him for his willingness to serve. 14. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 8:20 p.m. Minutes prepared and submitted by: _____________________________ Sandra Modigh, CMC City Clerk 5 THIS PAGE INTENTIONALLY LEFT BLANK 6 MEM TO: FROM: DATE: SUBJEC At their m Commiss Establish Consump review th created b To aid in which ou Districts Regulatio Staff wo establish cultivatio staff wou meeting timeline t Thank yo MORA Plann Matt July 1 CT: It p E M meeting of J sion to beg hments and ption of mar he 5 types of by the State n this discus utlines the 5 and on the L ons currently ould like to hing a proce on, manufact uld like to b of August 12 to begin draf ou for your c ANDU ning and Zo Kelley, City 16, 2015 tem Numbe process to d Engaged in Marijuana wit uly 15, 2012 in establish d Business rijuana. 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