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HomeMy WebLinkAbout2015-08-26 Planning & Zoning MinutesCITY 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. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) — None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) — None. 5. CONSIDERATION OF PLATS: None. 6. PUBLIC HEARINGS: 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 Planning and Zoning Commission Meeting August 26, 2015 Page 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. Planning and Zoning Commission Meeting August 26, 2015 Page 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. Planning and Zoning Commission Meeting August 26, 2015 Page 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. Planning and Zoning Commission Meeting August 26, 2015 Page 5