HomeMy WebLinkAbout2015-09-09 Planning & Zoning Packet
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
SEPTEMBER 9, 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. *August 25, 2015 ................................................................................................ 1
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS:
a. PZ15-27 – Preliminary Original Plat of Thompson Park Wagaman Replat,
submitted by O’Neil Technical Services, P.O. Box 2292, Kenai, AK 99611 .... 7
6. PUBLIC HEARINGS: None
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS: None
9. PENDING ITEMS: None
10. REPORTS:
a. City Council ....................................................................................................... 15
b. Borough Planning - None (next scheduled meeting September 14, 2015)
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS:
a. Building Permit Report – Second Quarter 2015 ............................................... 19
b. Planning & Zoning Resolutions – Second Quarter 2015 ................................. 23
c. Code Enforcement Report – Second Quarter 2015 ......................................... 25
13. NEXT MEETING ATTENDANCE NOTIFICATION: Sept. 23, 2015
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
AUGUST 26, 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
Commissioners present: G. Pettey, D. Fikes, R. Springer, J. Twait, J. Glendening, K.
Peterson,
Staff/Council Liaison present: City Planner M. Kelley, City Clerk S. Modigh, Council Liaison H.
Knackstedt
A quorum was present.
c. *Excused Absences –J. Focose
d. Agenda Approval
MOTION:
Commissioner Peterson MOVED to approve the agenda; 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: August 12, 2015
Approved by the consent agenda.
DR
A
F
T
1
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) – None.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) – None.
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS:
a. PZ15-23 – Reconsideration of Application to Rezone 207 Evergreen Street & 12848
Kenai Spur Highway from Rural Residential (RR) to General Commercial (CG).
Application submitted by City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska.
MOTION:
Commissioner Glendening MOVED to reconsider action taken on Resolution No. PZ15-23 at
the August 12, 2015 Commission meeting. Commissioner Fikes SECONDED the motion.
City Planner Kelley reviewed his memorandum provided in the packet and reminded the
Commission that the application before them was to determine whether rezoning the subject
parcels from Rural Residential to General Commercial would be in the best interest of the City.
It was further clarified that the subject application was not a design review project nor an
opportunity for the Commission to discuss or provide an opinion on what the parcels would be
used for.
Chairman Twait opened the public hearing.
Sally Cassino, Kenai Performers Board President, expressed gratitude for the proposed land
being donated by the City and advised that the group would like to continue to reside within the
City of Kenai.
Cassino advised that the building plan for the property would be constructed for approximately
100 occupants and clarified it wasn’t the intent of the group to build a steel building as
mentioned in the last meeting summary. It was noted that the grants being sought after by the
Kenai Performers were contingent on the property being properly zoned which excluded rural
residential.
Dan Sterchi, 305 Evergreen in Kenai, spoke in opposition to the rezone of the parcel due to it
being in a residential area. Additionally, he spoke in opposition to the City donating the land to
a group that all may not reside in Kenai; advised he supported the organization in general.
Phillip Morin, resident of Kenai and a Board Member of the Kenai Performer’s, noted the Kenai
Performers were the 2nd longest established performing group in the state of Alaska and stated
the group planned to stick around long term.
Clint Hall, a local building contractor, noted that the land as currently zoned would not be
marketable as residential and spoke in favor of the rezone as a developer.
City Manager Koch advised that the City was the applicant of the rezone not the Kenai
Performers and apologized for not attending the last meeting to clarify such. Koch outlined the
action taken by Council which was direct the city manager to move forward with the land
DR
A
F
T
2
donation negotiations; however, it had not been approved to date and that there would be
conditions to the agreement. The City was waiting for the rezone to move forward in order to
continue negotiations with the agreement between the City and the Kenai Performers. Koch
further advised that the property was appropriate for a rezone to commercial and that vehicular
traffic would not increase in the residential area.
A brief conversation ensued related to previous donations of city land donated to nonprofit
organizations.
Tim Navarre, resident of Kenai and member of the Kenai Council, spoke in favor of the rezone
and reminded the Commission that they were only voting on whether the property would be
compatible as commercial versus residential.
Brittany Gellman, spoke in support of Kenai Performers and having the group remain within the
community.
Sally Cassino reminded the Commission that the organization opened its doors in 1966 within
Kenai and would like to continue to provide services in Kenai.
Administration and the Commission discussed spot zoning and advised that the rezone would
not be considered such. It was noted that Administration looked at other possible zones for the
property, but felt the appropriate fit was commercial instead of for example limited commercial.
There being no one else wishing to speak, the public hearing was closed.
Commissioner’s springer and Glendening spoke in favor of the rezone.
VOTE:
YEA: Twait, Springer, Pettey, Glendening, Peterson, Fikes
NAY:
MOTION PASSED UNANIMOUSLY.
b. PZ15-24 – An application for a Conditional Use Permit for an Assisted Living Facility
for the property known as Tract 36, Killen Estates Addition No. 1 (to be known as Tract
36A, Killen Estates 2014 Replat when plat is recorded), 707 N. Forest Drive.
Application submitted by Clint Hall, P.O. Box 2829, Kenai, Alaska.
City Planner Kelley reviewed his report provided in the packet and recommend approval with
the following requirement:
1. Prior to issuance of the Certificate of Occupancy allowing residents to occupy the
building, the applicant must provide the City of Kenai with a recorded copy of the
Plat of Killen Estates 2014 Replat.
2. Facility be licensed by the State of Alaska and managed in compliance with State
licensing requirements.
Commissioner Glendening MOVED to approve Resolution No. PZ15-24 and Commissioner
Fikes SECONDED the motion.
DR
A
F
T
3
Chairman Twait opened the public hearing.
Stan Saner, Kenai resident, addressed concerns related the landscaping not being finished on
the property which may decrease the property value of residential homes. Saner spoke in favor
of the establishment, but requested the property cleaned up for the neighborhood.
[Clerk’s Note: Mr. Saner provided printed pictures of the property]
Shellie Saner, Kenai resident, requested the back of the property be restored and requested
prohibition of bury pits with specific lot size regulations. Shellie Saner further noted that nature is
taking over the fill.
Clint Hall, applicant, noted the City used to have a site to transport the noted material but no
longer has such.
The Commission and Administration discussed code related to bury pits. It was noted that the
subject area would be addressed once development of the area ensues; landscaping pursuant
to code would be complied with.
VOTE:
YEA: Twait, Springer, Pettey, Glendening, Peterson
NAY: Fikes
MOTION PASSED.
Chairman Twait advised of the 15 day appeal period.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – reviewed the August 19 council meeting action agenda provided in the
packet.
b. Borough Planning – reviewed the action taken at the August 24 borough planning
meeting including approval of six plats.
c. Administration – Kelley reported that he was working on the following matters:
• September 14 Council work session for abandoned vehicles
• September 22 Commission work session marijuana zoning
11. PERSONS PRESENT NOT SCHEDULED:
Shellie Saner requested legislation be adopted so that bury permits would be prohibited with
specific regulations depending on lot size.
DR
A
F
T
4
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: September 9, 2015
COMMISSION COMMENTS & QUESTIONS:
Commissioner Pettey explained that she voted for the rezone as a good opportunity for the City
and to enhance revenues for the City.
Commissioner Fikes voted in opposition to the conditional use permit due to bury pits in order to
bring such to light.
14. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at
8:34 p.m.
Minutes prepared and submitted by:
_____________________________
Sandra Modigh, CMC
City Clerk
DR
A
F
T
5
THIS PAGE INTENTIONALLY LEFT BLANK
6
STAFF REPORT
To: Planning & Zoning Commission
Date: Sept. 9, 2015 Res: PZ15-27
GENERAL INFORMATION
Applicant: Arnold E. Wagaman, Jr. and
Delores S. Wagaman
220 Fern St.
Kenai, AK 99611
Submitted by: O’Neil Technical Services
P.O. Box 2292
Kenai, AK 99611
Requested Action: Preliminary Subdivision Plat – Lot 2A, Block 2, Thompson Park
Wagaman Replat, a replat of Lots 2 and 3, Block 2, Thompson Park
Addition No. 1, according to Plat No. K-1422
Existing Legal Lots 2 and 3, Block 2, Thompson Park Addition No. 1, according to
Plat No. K-1422
Proposed Legal
Description: Lot 2A, Block 2, Thompson Park Wagaman Replat
Street Address: 220 Fern St. and 230 Fern St.
KPB Parcel No.: 04913044 and 04913045
Existing Zoning: Rural Residential
Current Land Use: Single Family Dwelling and accessory structures
Land Use Plan: Rural Residential
ANALYSIS
This plat reconfigures two lots into one larger lot. The subdivision is located in the Rural
Residential zone. The parcels are accessed from Fern Street, which is a City maintained
paved road. City water and sewer services are available. An installation agreement is not
required.
A single family dwelling and three accessory structures (sheds and greenhouse) are
located on Lot 2, Block 2, Thompson Park Addition No. 1 (parcel number 04913044). There
is an accessory structure (shed) without a main building on the adjacent lot described as
Lot 3, Block 2, Thompson Park Addition No. 1 (parcel number 04913045). Kenai Municipal
7
Code 14.20.200(5)(b) provide, as follows:
Unoccupied accessory structures may be allowed as a conditional use on a
residential parcel that does not have a main building or use of the land only
when the parcel on which the unoccupied accessory structure proposed is
adjacent to and shares a common lot line with a parcel owned by the same
owner and a main building or use is constructed or used on the adjacent
parcel. The conditional use for an unoccupied accessory structure on an
adjacent parcel shall expire upon transfer of either parcel to a third party
and all accessory buildings on adjacent parcels without a main building or
main use must be removed.
The property owners did not obtain a conditional use permit to allow an accessory
structure (shed) to be placed on a residential parcel without a main building;
consequently, they are in violation of KMC14.20.200(5)(b) at this time. The replating and
vacation of the property lines between Lots 2 and 3, Block 2, Thompson Park Addition No.
1 will remedy this code violation.
The preliminary plat of Thompson Park Wagaman Replat discloses that two of the three
accessory structures (sheds and greenhouse) located on Lot 2, Block 2, Thompson Park
Addition No. 1 are encroaching into the building setback and utility easement. The
surveyor has indicated that said accessory structures are under 200 square feet;
therefore, the provisions as set forth in Kenai Municipal Code 14.20.200(2) shall apply, as
follows:
Covered but unenclosed passenger landings, or storage sheds of not more
than two hundred (200) square feet, with no side or end longer than sixteen
feet (16′), and not more than one (1) story in height may extend into the
rear yard, but such structure shall not be closer than five feet (5′) to the rear
lot line.”
The accessory structures (shed and greenhouse) which are encroaching into the building
setback must be relocated in order to be in compliance with KMC 14.20.200(2). It is also
staff’s recommendation that the accessory structures be relocated outside of the ten foot
utility easement.
RECOMMENDATIONS
The Planning & Zoning Administration recommends approval of the preliminary
subdivision plat of Thompson Subdivision Smith Replat, subject to the following condition:
a. Further development of the property shall conform to all Federal, State and local
regulations.
b. Prior to recordation of the plat of Thompson Park Wagaman Replat, the accessory
structures (shed and greenhouse) which are encroaching into the building setback
must be relocated in order to be in compliance with KMC 14.20.200(2). It is also
8
the recommendation of staff that the accessory structures be relocated outside of
the ten foot utility easement.
ATTACHMENTS:
1. Resolution No. PZ15-27
2. Preliminary Plat
3. Map
9
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15-27
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat THOMPSON PARK WAGAMAN REPLAT was referred to
the City of Kenai Planning and Zoning Commission on September 9, 2015, and received
from Integrity Surveys.
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Rural Residential and therefore subject to said zone conditions.
2. Water and sewer are available.
3. Plat does not subdivide property within a public improvement district subject to special
assessments. There is not a delinquency amount owed to the City of Kenai for the
referenced property.
4. Installation agreement or construction of improvements is not required.
5. Status of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. The preliminary plat of THOMPSON PARK WAGAMAN REPLAT discloses that two
of the three accessory structures (sheds and greenhouse) located on Lot 2, Block 2,
Thompson Park Addition No. 1 are encroaching into the building setback and utility
easement. The plat does not create nor increase the encroachment.
8. Street names designated on the plat are correct.
9. CONDITIONS:
a. Further development of the property shall conform to all Federal, State and local
regulations.
b. Prior to recordation of the plat of Thompson Park Wagaman Replat, the accessory
structures (shed and greenhouse) which are encroaching into the building setback
must be relocated in order to be in compliance with KMC 14.20.200(2). It is also
the recommendation of staff that the accessory structures be relocated outside of
the ten foot utility easement.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE THOMPSON PARK WAGAMAN
REPLAT SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
10
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 9TH DAY OF SEPTEMBER, 2015.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
11
12
13
THIS PAGE INTENTIONALLY LEFT BLANK
14
ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
SEPTEMBER 2, 2015, 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda (Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be
no separate discussion of these items unless a council 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.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes
per speaker)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY. Ordinance No. 2851-2015 – Increasing General
Fund Estimated Revenues and Appropriations for Unbudgeted Costs Related
to the Acquisition of Property Retained for a Public Purpose.
2. ADOPTED UNANIMOUSLY. Resolution No. 2015-49 – Awarding an
Agreement for Development of Construction Documents for Improved Airport
Drainage 2016 to Wince Corthell Bryson.
3. POSTPONED AS AMENDED TO 9/16/15 MEETING. Resolution No. 2015-
50 – Authorizing the Purchase of the Following Seven Parcels of Real Property:
Government Lot 15, Section 7, Township 5 North, Range 11 West, Seward
Meridian; Lots 1, 2, 3, and 4, Dragseth Subdivision, According to Plat KN 77-
56; and Lots 5A and 6A Dragseth Subdivision No. 2 According to Plat KN 91-
33, all in the Kenai Recording District, Third Judicial District, State of Alaska,
Including all Improvements thereon, from ARK Properties, LLC for the Purpose
of Constructing Improved Public Access to the City’s South Beach.
• Presentation by Administration
15
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Work Session of August 17, 2015
2. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of August 19,
2015
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be
Ratified.
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Purchase
Orders Exceeding $15,000.
3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET FOR 9/16.
*Ordinance No. 2852-2015 – Repealing and Reenacting Kenai Municipal
Code Chapter 7.15-Purchases and Sales, to Expand Public Solicitation
Requirements, Redefine Professional Services, Define Management Services,
Reorganize the Chapter, Provide an Appeals Process, and Make Other
Material and Housekeeping Changes and Amending Chapter 7.25-City
Budget, to Include Setting Fee Schedules.
4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET FOR 9/16.
*Ordinance No. 2853-2015 – Accepting and Appropriating a Federal Grant
from the Institute of Museum and Library Services (IMLS) Passed through the
Alaska State Library for Employee Travel and Training.
5. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET FOR 9/16.
*Ordinance No. 2854-2015 – Increasing Estimated Revenues and
Appropriations by $41,000 in the Airport Fund and in the Airport Improvement
Capital Project Fund for the 2016 Airfield Marking & Signage Project and
Awarding a Contract to Wince-Corthell-Bryson Consulting Engineers for
Design Services.
6. APPROVED UNANIMOUSLY. Action/Approval – Assignment of Lease
between L & M Ventures, Inc. & Michael J. Lott, Natasha Lott & Nina Marion
D/B/A Little Ski-Mo’s and Judilee Forrest for Property Described as Lot 3, Block
1, Gusty Subdivision.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
16
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION – None Scheduled.
M. PENDING ITEMS
1. Resolution No. 2015-12 – Supporting Alaska State Senate Bill 1, an Act
Prohibiting Smoking in Certain Places; Relating to Education on the Smoking
Prohibition.
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
The agenda and supporting documents are posted on the City’s website at
www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s
Office or outside the Council Chamber prior to the meeting. For additional information,
please contact the City Clerk’s Office at 907-283-8231.
17
THIS PAGE INTENTIONALLY LEFT BLANK
18
19
20
21
THIS PAGE INTENTIONALLY LEFT BLANK
22
23
THIS PAGE INTENTIONALLY LEFT BLANK
24
25
26