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Home My WebLink About2015-04-22 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS APRIL 22, 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, N. Kiel (telephonic) Staff/Council Liaison present: City Planner M. Kelley, Council Liaison H. Knackstedt, City Clerk S. Modigh, 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 6.a Resolution No. PZ15 -04 • Memorandum clarifying the measurement of setbacks from easements and Right -of -Ways as required on the Development Requirements Table in Kenai Municipal Code (KMC) 14.24.020, Footnote (1). • Revised Resolution PZ15 -04. • Applications for Conditional Use Permit; Variance Permit and Review of Development in the Townsite Historical Zone. • Additional Site Plans showing Mission Avenue and Upland Street Setbacks to proposed Tyotkas Elder Center. • Landscape Site Plan. • Townsite of Kenai Kenaitze Addition Subdivision Plat. Add to Item 6.b PZ15 -09 • Memorandum advising of Substitute Ordinance for PZ15 -09. • Substitute Ordinance: Amendment to Kenai Municipal Code Chapter 12.25 Abandoned Vehicles and Resolution PZ15 -07. • Planning and Zoning Commission Resolution No. PZ15 -09 Amendment to Kenai Municipal Code Chapter 12.25 Abandoned Vehicles, 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 Glendening 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 8, 2015 Approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) — None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) Mrs. Pierson, a Kenai resident requested Commissioners drive down Kaknu Way while considering PZ15 -09 pertaining to junk and abandoned vehicles. 5. CONSIDERATION OF PLATS: None. 6. PUBLIC HEARINGS: PZ15 -04 — Application for a Conditional Use Permit for a food service restaurant -type facility to be located on the property known as 1000 Mission Avenue, Lot 16A, Block 5, Townsite of Kenai, Kenaitze Addition. The application was submitted by the Kenaitze Indian Tribe, P.O. Box 988, Kenai, Alaska 99611 City Planner Kelley reviewed his staff report recommending approval of the conditional use Planning and Zoning Commission Meeting April 22, 2015 Page 2 permit with the conditions noted in the lay down: • The applicant shall submit a revised site plan showing the location of the building to be at a distance of 10 feet from the edge of the 5 -foot Street Easement along Mission Avenue and Upland Street. [Clerk's Note: The Planning and Zoning Commission, in following the agenda, started to approve each application (Conditional Use Permit, Variance, Townsite Historic District Review) separately by denoting each application with an A, 8, and C, respectively. After a brief break, the City Clerk and City Attorney advised it was more appropriate to consider the resolution, encompassing all applications, as a single item.] MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ15 -04A including staff recommendations and Commissioner Fikes SECONDED the motion. Chairman Twait opened the public hearing. Stan Mission at 502 A Overland Avenue, Kenai, Spokesman for the Tribe noted they are not pleased with having to move the building after several preplanning meetings; it has been determined that there is a difference in interpretation in definitions of easements and this is an additional cost to the organization, they are willing to accept the conditions. There being no one else wishing to speak, the public hearing was closed. City Attorney Bloom noted that the building needs to be moved so that the city is able to safely maintain that lane of travel. VOTE: YEA: Pettey, Peterson, Fikes, Twait, Glendening, Springer, Kiel NAY: MOTION PASSED UNANIMOUSLY. MOTION: Commissioner Glendening MOVED to reconsider Resolution No. PZ15 -04A and Commissioner Peterson SECONDED the motion. VOTE: YEA: Pettey, Peterson, Fikes, Twait, Glendening, Springer, Kiel NAY: MOTION PASSED UNANIMOUSLY. Chairman Twait read the title of Resolution PZ15 -04 into the record as follows: A Resolution of the Planning and Zoning Commission of the city of Kenai Granting a request for a Conditional Use Permit, Variance and A Townsite Historic District Review for the construction Planning and Zoning Commission Meeting April 22, 2015 Page 3 of a 6,500- square -foot mixed use social hall with a dining facility, community area, library, conference /craft area and office areas to serve as the Tyotkas Elder Center. MOTION: Commissioner Glendening MOVED to accept Resolution No. PZ15 -04 and Commissioner Fikes SECONDED the motion. Chairman Twait opened the public hearing. Stan Mission at 502 A Overland Avenue, Kenai, Spokesman for the Tribe followed up by noting that the Tribe had been offered the opportunity to request another variance to address the setback, but that they chose not to do so. There being no one else wishing to speak, the public hearing was closed. MOTION TO AMEND: Commissioner Glendening MOVED to amend Resolution No. PZ15 -04 by substitution and Commissioner Peterson SECONDED the motion. [Clerk's Note: Pursuant to KMC 14.05.025(e), Commissioner Kiel was required to abstain from voting.] VOTE ON THE AMENDMENT: YEA: Peterson, Fikes, Twait, Glendening, Springer NAY: Pettey ABSTAIN: Kiel MOTION PASSED. VOTE ON THE MAIN MOTION: YEA: Peterson, Fikes, Twait, Glendening, Springer NAY: Pettey ABSTAIN: Kiel MOTION PASSED. Commissioner Twait advised of the 15 day appeal period. b. PZ15 -09 —Amendment to Kenai Municipal Code Chapter 12.25 Abandoned Vehicles to amend the definition of junk vehicles and make other changes regarding vehicle storage, repair and enforcement. City Planner Kelley reviewed a matrix created outlining the current KMC 12.25 and proposed changes to KMC 12.25. Approval for council consideration was recommended. City Attorney Bloom clarified enforcement of the ordinance. Planning and Zoning Commission Meeting April 22, 2015 Page 4 I�i [oil i[iPA Commissioner Fikes MOVED to approve Resolution No. PZ15 -09 and Commissioner Peterson SECONDED the motion. Chairman Twait opened the public hearing. Kristine Schmidt, spoke in opposition to providing a resolution for vote as a laydown and spoke in opposition to the definition of the vehicles on their property further than the state statute. Attorney Bloom agreed with Schmidt and suggested to postpone due to the resolution not being in the packet. He also pointed out that some of the new sections of code are not necessarily new but are in other sections and could use some revisions. There being no one else wishing to speak, the public hearing was closed. Commissioner Pettey MOVED to postpone to the next meeting on May 13, 2015 and Commissioner Glendening SECONDED the motion. There were no objections; SO ORDERED. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council — Council Member Knackstedt reported on the April 15, 2015 City Council meeting; noted executive sessions to conduct evaluations for the City Attorney and City Clerk. b. Borough Planning — Glendening reviewed action taken at the meeting on April 13, 2015. c. Administration — Kelley explained that he is working on some airport maps that the airport safety committee had asked for pertaining to movement. He also reported that a new application had been received for a Conditional Use Permit for a gravel pit and it would be coming before the Commission at their next meeting. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: a. Building Permit Report - First Quarter 2015 b. Planning & Zoning Resolutions - First Quarter 2015 C. Code Enforcement Report - First Quarter 2015 13. NEXT MEETING ATTENDANCE NOTIFICATION: May 13, 2015 14. COMMISSION COMMENTS & QUESTIONS: Commissioners Glendening and Kiel thanked Kelley for his guidance. Planning and Zoning Commission Meeting April 22, 2015 Page 5 Commissioner Pettey stated why she voted in opposition of PZ15 -04. Commissioner Fikes thanked Schmidt for her public comments. Chairman Twait thanked Bloom for his assistance, Mayor Porter and Councilor Molloy for attending the meeting and Schmidt for her comments. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 8:48 p.m. Planning and Zoning Commission Meeting April 22, 2015 Page 6