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Home My WebLink About2015-09-23 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS SEPTEMBER 23, 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, J. Focose Staff/Council Liaison present: City Planner M. Kelley, City Attorney S. Bloom, Planning Assistant W. Anderson, Deputy City Clerk J. Heinz, Council Liaison H. Knackstedt A quorum was present. c. *Excused Absences d. Agenda Approval ILY,DI1[•1ki Commissioner Peterson MOVED to approve the agenda with requested revisions; Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. It was noted that the following were requested revisions /additions to the agenda /packet: Add to Item 6. a Resolution No. PZ15 -28 • Additional Correspondence Add to Item 6. b Resolution No. PZ15 -286 • Additional Correspondence • Memo from City Planner Add to Item 12. a Informational Items • Additional Correspondence 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: September 9, 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: a. PZ 15 -28 — An application for a Conditional Use Permit for a professional office in the Rural Residential zone for the property described as a portion of the Northwest one - quarter (NW Y4), Section 11, Township 5 North, Range 11 West (KPB Parcel No. 04911002), 2785 Beaver Loop Road. The application was submitted by Clifford and Kristin Smith, 319 Rogers Rd., Kenai, Alaska. City Planner Kelley reviewed his staff report recommending approval of the Conditional Use Permit with the following conditions: • Applicants must comply with all Federal, State and local regulations. • A sign permit must be obtained. • Five parking spaces, with at least one ADA parking space must be provided for. • Annual reports for the Conditional Use Permit must be provided. MOTION: Commissioner Glendening MOVED to approve Resolution No. PZ15 -28 and Commissioner Focose SECONDED the motion. Chairman Twait opened the public hearing. Planning and Zoning Commission Meeting September 23, 2015 Page 2 Clifford Smith spoke in favor of the Conditional Use Permit; pointed out that the Comprehensive Plan allowed certain businesses to be intermixed within residential zones; explained he expected to have about ten customers per day; addressed where parking would be placed; discussed his plans for low key signage and his intent to operate for three to four years and then retire, possibly reverting the structure back to a residence. There being no one else wishing to speak, the public hearing was closed. During discussion, administration clarified the allowable size for signs in residential zones. VOTE: YEA: Pettey, Fikes, Springer, Twait, Peterson, Focose, Glendening NAY: MOTION PASSED UNANIMOUSLY. Chairman Twait noted the 15 day appeal period. b. PZ15 -26 — An application for a Conditional Use Permit for an Emotional Support Animal (Horse) for a disabled adult on a parcel less than 40,000 square feet with City of Kenai, City Limits for the property described as Lot 1, Block 1, MCCann Subdivision, 1107 Fourth Avenue. The application was submitted by Julie Kim Garretson. City Planner Kelley reviewed his staff report recommending approval of the Conditional Use Permit with the following conditions: • Applicants must comply with all Federal, State and local regulations. • A building permit must be obtained or applied for, for the existing horse barn. • The stump near the corner of the house shall be removed or fenced off. • Daily cleaning of stall and turn out area; removal of waste weekly. • Leveling and coverage of sand for turn out and paddock areas shall be provided for; could be amended to paddock area only since horse grazes in turnout area. • All water runoff shall be kept on site. • Any horse waste deposited while walking or riding in or on any City of Kenai rights of way shall be immediately removed. • The Conditional Use Permit shall expire if the conditional use ceases for one year or longer, or if for any reason the horse is permanently removed from the property. • Annual reports for the Conditional Use Permit must be provided. • Chief Animal Control Officer may inspect to ensure maintenance and sanitation are being provided for. It was suggested that this item be postponed and the public hearing be continued until October 14 to allow for a field visit to the property. MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ15 -26 and Commissioner Fikes SECONDED the motion. Chairman Twait opened the public hearing. Planning and Zoning Commission Meeting September 23, 2015 Page 3 Faith Hampton spoke against the Conditional Use Permit expressing concern with how it would affect her ability to sell her house; not enough space for a horse. Julie Garrettson spoke in favor of the Conditional Use Permit stating how the horse had helped her daughter's disability; explained boarding the horse cost a significant amount of money and by no longer boarding the horse, she would be able to spend the money on improvements to her property. Lynn Vernon spoke in favor of the Conditional Use Permit because of the improvements she had seen in her granddaughter since being able to engage with the horse, including a desire to care for the horse. Cristal Barton spoke in favor of the Conditional Use Permit, speaking about her disability and stating that the horse that made her want to take responsibility and rodeo with him. There being no one else wishing to speak, the public hearing was closed. During discussion, administration clarified that the site inspection by Animal Control would take place at their discretion; the current situation was in violation of code and the Fair Housing Act required the City to make reasonable accommodation. It was explained how husbandry was defined. There was also discussion regarding shoeing the horse and providing for adequate exercise. MOTION: Commissioner Glendening MOVED to postpone PZ15 -26 to the next meeting to allow for a site visit and additional public comment and Commissioner Peterson SECONDED the motion. VOTE: YEA: Pettey, Fikes, Twait, Peterson, Focose, Glendening NAY: Springer MOTION PASSED. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council — Knackstedt reviewed the action agenda of the September 16 Council meeting, which was provided in the packet. Administration clarified that the work being done to date in Beluga Subdivision did not require a Building Permit and clarified what required a Landscape Permit. Borough Planning — Glendening reported that the Planning Commission and Platting Committee met in Seward on September 14; eleven plats throughout the Borough were Planning and Zoning Commission Meeting September 23, 2015 Page 4 approved by the Platting Committee. He also reported that the Planning Commission approved of an authorization for the acquisition of property on behalf of the hospital in Homer and a material extraction Conditional Use Permit in Nikiski had been postponed to the next meeting to allow the local public an opportunity to comment. c. Administration — Kelley reported on the following matters: • Draft 2015 Planning Commissioner Training and Conference Agenda in packet; asked those interested in going to training or conference to advise by September 25. • Scheduled the time for the site visit to the subject property of the Conditional Use Permit for the horse; it was confirmed that the site visit would take place at 6:15pm on October 14. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: October 14, 2015 COMMISSION COMMENTS & QUESTIONS: None. 14. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 8:16 p.m. Minutes prepared and ubmitted by: J m e Heinz, CIVIC uty City Clerk Planning and Zoning Commission Meeting September 23, 2015 Page 5