Loading...
HomeMy WebLinkAbout2015-05-13 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS MAY 13 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER Chairman 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: K. Peterson, J. Twait, J. Glendening, D. Fikes R. Springer Staff /Council Liaison present: City Planner M. Kelley, Council Liaison H. Knackstedt, Planning Assistant W. Anderson, and City Attorney S. Bloom A quorum was present. c. *Excused Absences: N. Kiel and G. Pettey d. Agenda Approval Chairman Twait noted the Staff provided a laydown to make the following revisions to the agenda: Remove Item 2 Clerks Note: Minutes to be provided at the next Planning and Zoning Commission meeting of May 27, 2015 To address Public Order of items placed under Item 6. Public Hearings to be heard in the Hearing Items in following order: following order: 6b — PZ15 -08 6e — PZ15 -12 6c — PZ15 -10 6d — PZ15 -11 6a — PZ15 -09 Re -Title 6.c New Title: PZ15 -10 - Request to review an application and determine application completeness for a Conditional Use Permit for a Sand and Gravel Pit to allow 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 MOTION: Commissioner Peterson MOVED to approve the agenda including the revisions provided in the laydown by Chairman Twait; Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. e. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Fikes 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 Minutes were not provided in the packet; to be approved at the next meeting. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) —None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) — None. 5. CONSIDERATION OF PLATS: a. PZ15 -13 —Original Preliminary Plat for Jaynes Subdivision Big Mikes Addition, submitted by Mike Brown, 601 Highbush, Kenai, AK 99611. City Planner Kelley reviewed the staff report and recommended approval of the plat with the conditions as set forth in paragraphs A & B, as shown below: A. Further development of the tracts shall conform to all Federal, State and Local regulations. Planning and Zoning Commission Meeting May 13, 2015 Page 2 B. The legal description within the title block should be corrected to include NW X SE Y< Section 4, Township 5 North, Range 11 West, Excluding Jaynes Subdivision, Seward Meridian. City Planner Kelley recommended to the Planning & Zoning Commission that the condition C be removed from the conditions of approval because this condition was not germane to approval of the plat: C. Prior to recording the Plat, the applicant shall submit an application to the City of Kenai, Planning and Zoning Division for a Transfer of Ownership of the Conditional Use Permit for the Gravel Pit (PZ15 -10). MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ15 -13 including staff recommendations and Commissioner Springer SECONDED the motion. It was noted that Commissioner Glendening would not be voting on the Plat as he is also a member of the Kenai Peninsula Borough's Planning Commission and would be voting on this at a later date as part of that body. MOTION TO AMEND: Commissioner Peterson MOVED to amend Resolution No. PZ15 -13 as recommended by staff and Commissioner Springer SECONDED the motion. VOTE ON AMENDMENT: YEA: Peterson, Fikes, Twait, Springer NAY: ABSTAIN: Glendening MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AS AMENDED: YEA: Peterson, Fikes, Twait, Springer NAY: ABSTAIN: Glendening MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: b. PZ15 -08 — Application for a Variance Permit granting a ten foot side yard variance where 15 feet is required to allow a five foot side yard setback for the placement of a 12 x 32 foot Planning and Zoning Commission Meeting May 13, 2015 Page 3 prefabricated storage shed for the property located at 416 McCollum Dr., Lot 1, Buzzell Subdivision. The application was submitted by Eric and Susan Wilcox, 416 McCollum Dr., Kenai, Alaska 99611 City Planner Kelley reviewed his staff report recommending approval of the Variance Permit with the following conditions: 1. Applicants must comply with all Federal, State, and local regulations. 2. Applicants must apply for a building permit prior to the placement of the prefabricated storage shed on the property. MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ15 -08 including staff recommendations and Commissioner Springer SECONDED the motion. Chairman Twait opened the public hearing. Applicant clarified where the shed was actually going to be located in relation to the residence. Applicant stated that the roof line had a 19 foot drop and if the shed was placed too close to the residence the shed would be crushed by snow as it came off the roof. There was no further comment and public hearing was closed. VOTE ON MAIN AS AMENDED: YEA: Peterson, Fikes, Twait, Springer, Glendening NAY: MOTION PASSED UNANIMOUSLY. Chairman Twait advised of the 15 day appeal period. e. PZ15 -12 — Application for Review of Development in the Townsite Historical Zone granting a request to place two rental cabins in the RV Park for occupancy during the summer tourist season for the property known as 929 Mission Avenue, Lot 2, Toyon Subdivision. The application was submitted by the Jerry Dunn, 929 Mission Avenue, Kenai, Alaska 99611 City Planner Kelley reviewed his staff report recommending approval of the TSH Development Review with the following conditions: a. Prior to placement of the cabins on the property, applicant shall obtain the required building permits. Planning and Zoning Commission Meeting May 13, 2015 Page 4 b. The cabins must be connected to City water and sewer services. c. Applicant must comply with all Federal, State and Local regulations. MOTION: Commissioner Glendening MOVED to approve Resolution No. PZ15 -12 including staff recommendations and Commissioner Peterson SECONDED the motion. Chairman Twait opened the public hearing. Commission Peterson asked the applicant when the cabins would be occupied. The applicant responded that the cabins would be occupied from May to September. There was some discussion amongst the Commissioners regarding the cabins been connected to City water and sewer service. The applicant assured the Commission that the cabins would be connected to water and sewer and electrical services. There being no one else wishing to speak, the public hearing was closed. VOTE: YEA: Peterson, Fikes, Twait, Springer, Glendening NAY: MOTION PASSED UNANIMOUSLY. c. 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 and recommended approval of PZ15 -10 with the following conditions: 1. Prior to commencement of extraction of Natural Resources, Operator or Applicant shall obtain all necessary State and Federal Permits. Copies of all necessary State and Federal Permits shall be provided to the City of Kenai, Planning and Zoning Division. 2. Prior to commencement of construction and extraction of Natural Resources, Operator or Applicant shall be required to construct a non - climbable 6 foot high fence as shown on the approved site plan. Fence shall be installed along the eastern Planning and Zoning Commission Meeting May 13, 2015 Page 5 property line, northern property line, western property line and southern edge of the Gravel Pit. Fence shall also include the installation of view obscuring slats made of hard weatherproof materials. Color of view obscuring slats shall be earth tone. 3. There shall be no processing of any material shall take place on the subject parcel or within the material site. All material shall be taken off -site prior to any processing. 4. Material extraction site shall be limited to 3 -acres in size and shall be located on the subject site as shown on the approved site plan. Any future expansion beyond 3- acres of the material extraction site shall require the modification of the Conditional Use Permit. 5. There shall be no extraction of Natural Resources beyond the ground water table. 6. Hours of operation shall be 6 am to 8 pm. 7. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.155. Chairman Twait opened the floor for public testimony Legal counsel for the operator spoke regarding the proposed project and stated his objection to numbers two and three of the Conditions of Approval contained in the staff report. Testimony was given by numerous property owners in the area. Their areas of concern included noise and dust levels; visual impact of the pit; decrease in property values; damage to the natural habitat; damage to anadromous streams; and potential flooding. One property owner spoke in favor of the gravel pit stating that the area was zoned Heavy Industrial and there were numerous commercial enterprises in the area. He further advised he knew the operator and believed him to be a conscientious business owner who would do his best to be a good neighbor. There being no more public testimony, the public hearing was closed. After some discussion, the Commission concurred the application submitted by the owners and operator was substantially complete. PZ15 -11 — Application for Variance Permit for setback requirements for the property located at 503 Childs Avenue, the NW Y SE' /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 PZ15 -11 with the Planning and Zoning Commission Meeting May 13, 2015 Page 6 following conditions: 1. Prior to commencement of extraction of Natural Resources, Operator or Applicant shall obtain all necessary State and Federal Permits. Copies of all necessary State and Federal Permits shall be provided to the City of Kenai, Planning and Zoning Division. 2. Prior to commencement of construction and extraction of Natural Resources, Operator or Applicant shall be required to construct a non - climbable 6 foot high fence as shown on the approved site plan. Fence shall be installed along the eastern property line, northern property line, western property line and southern edge of the Gravel Pit. Fence shall also include the installation of view obscuring slats made of hard weatherproof materials. Color of view obscuring slats shall be earth tone. 3. There shall be no processing of any material shall take place on the subject parcel or within the material site. All material shall be taken off -site prior to any processing. 4. Material extraction site shall be limited to 3 -acres in size and shall be located on the subject site as shown on the approved site plan. Any future expansion beyond 3- acres of the material extraction site shall require the modification of the Conditional Use Permit. 5. There shall be no extraction of Natural Resources beyond the ground water table. 6. Hours of operation shall be 6 am to 8 pm. MOTION: Commissioner Fikes MOVED to approve Resolution No. PZ15 -11 including staff recommendations and Commissioner Glendening SECONDED the motion. Chairman Twait opened the public hearing. Legal counsel for the operator and Gina DeBardelaben spoke in opposition to increasing the setback requirements from the site plan originally submitted by the operator. There being no one else wishing to speak, the public hearing was closed. Chairman Twait recommended voting on PZ15 -11 be postponed to the next commission meeting to be heard in conjunction with PZ15 -10 Conditional Use Permit. MOTION: Commissioner Fikes MOVED to postpone Resolution No. PZ15 -11 to the May 27th meeting and Commissioner Glendening SECONDED the motion. Planning and Zoning Commission Meeting May 13, 2015 Page 7 VOTE: YEA: Peterson, Fikes, Twait, Springer, Glendening NAY: MOTION PASSED UNANIMOUSLY. MOTION: Commissioner Fikes MOVED to postpone Resolution No. PZ15 -11 to the May 27"' meeting and Commissioner Glendening SECONDED the motion. VOTE: YEA: Peterson, Fikes, Twait, Springer, Glendening NAY: MOTION PASSED UNANIMOUSLY. a. PZ15 -09 — Recommend an amendment to Kenai Municipal Code Chapter 12.25 Abandoned Vehicles to define abandoned vehicles, amend the definition of junk vehicles and make other changes regarding vehicle storage, repair and enforcement and amending Kenai Municipal Code 12.20.030 — Debris and Junk Prohibited, to reflect the title change to chapter 12.25. City Planner Kelley reviewed the revisions to Resolution PZ15 -09 and recommended approval of the Planning & Zoning Commission. MOTION TO AMEND: Commissioner Glendening MOVED to amend Resolution No. PZ15 -09 by substitution and Commissioner Peterson SECONDED the motion. Chairman Twait opened the public hearing; there being no one wishing to speak, the public hearing was closed. VOTE ON SUBSTITUTION: YEA: Peterson, Fikes, Twait, Springer, Glendening NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AS AMENDED: YEA: Peterson, Fikes, Twait, Springer, Glendening Planning and Zoning Commission Meeting May 13, 2015 Page 8 NAY: MOTION PASSED UNANIMOUSLY. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. 9. PENDING ITEMS: 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 [Clerks Note: At the meeting of the Planning & Zoning Commission on April 8th, the Commission postponed PZ15 -03 to the September 9, 2015 meeting. A motion to approve is on the floor.] 10. REPORTS: a. City Council — Council Member Knackstedt reported on the May 6, 2015 City Council meeting. Borough Planning — Commissioner Glendening reported on the May 11, 2015 meeting of the Kenai Peninsula Borough Plat Committee and Planning & Commission. c. Administration — City Planner Kelley asked for direction for item 12a shown below and received direction from the Commission to schedule the item for discussion at the June 10, 2015 meeting. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: a. Directing the Airport Commission, Planning and Zoning Commission and Administration to Provide Recommendations Regarding Appropriate Zoning for Airport Lands 13. NEXT MEETING ATTENDANCE NOTIFICATION: May 27, 2015 14. COMMISSION COMMENTS & QUESTIONS: At the direction of the City Attorney and City Manager, Commissioner Twait suggested that the Planning & Zoning Commission schedule a site visit to observe the proposed gravel pit from residences along Rogers Road. After some discussion, the Commission directed Planner Kelley to schedule a site visit/work session prior to the May 27, 2015, Planning & Zoning from 5:30 to Planning and Zoning Commission Meeting May 13, 2015 Page 9 6:30 p.m. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 10:00 P.M. Minutes prepared and submitted by: Planning and Zoning Commission Meeting May 13, 2015 Page 10