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HomeMy WebLinkAbout2015-10-14 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS OCTOBER 14, 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 MOTION: 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 • Prescription • Additional Correspondence e. Consent Agenda MOTION: Commissioner Peterson MOVED to remove the minutes from the consent agenda and Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. There were no objections to approval of the remaining items on the consent agenda. *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 23, 2015 [Clerk's Note: This item was removed at approval of the consent agenda] It was explained that Commissioner Springer had voted against postponing the Resolution to the next meeting and that the motion did not pass unanimously. MOTION: Commissioner Springer MOVED to approve the minutes of September 23, 2015 and Commissioner Fikes SECONDED the motion. MOTION TO AMEND: Commissioner Springer MOVED to amend the minutes to reflect that he had voted no on postponement of Resolution PZ15 -26 and the motion did not pass unanimously and Commissioner Peterson SECONDED the motion. VOTE ON AMENDMENT: YEA: Pettey, Fikes, Springer, Twait, Peterson, Focose, Glendening NAY: VOTE ON MAIN MOTION: YEA: Pettey, Fikes, Springer, Twait, Peterson, Focose, Glendening NAY: 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 -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. (Clerk's Note: At their September 23, 2015 meeting, Resolution PZ15 -26 was postponed to Planning and Zoning Commission Meeting October 14, 2015 Page 2 October 14, 2015 by the Planning & Zoning Commission for the purposes of conducting an additional public hearing and site visit. A motion to approve is on the floor.] During the staff report, City Planner M. Kelley noted the additional information provided as laydowns; also reviewed the changes to the conditions in the substitute resolution. Chairman Twait opened the public hearing. Greg Hampton spoke in favor of ordinances protecting property owners; opposed to the Conditional Use Permit for the horse because he wanted to sell his property and protect his interests. He advised that he didn't smell odors from the property and didn't think shade fencing would help visual aspects. Julie Garrettson spoke about all of the work she had done to the property to accommodate the horse; planned to continue with improvements. She explained her daughter had connected with the horse and wanted the Conditional Use Permit approved until he died; 35 year old horse. When asked if there was another property the horse could be moved to, Ms. Garrettson advised that the horse could be moved down the street where her husband owned 1.25 acres (1314 411 Avenue) but there was no water at the property and she couldn't rely on neighbors to care for the horse. She explained plans to clear the lot to build a residence and barn and to move to the property in the future. There being no one else wishing to speak, the public hearing was closed. MOTION TO AMEND: Commissioner Peterson MOVED to amend PZ15 -26 by substitution; Commissioner Pettey SECONDED the motion. VOTE ON THE AMENDMENT: YEA: Pettey, Fikes, Springer, Twait, Peterson, Focose, Glendening NAY: MOTION PASSED UNANIMOUSLY During discussion, City Attorney S. Bloom advised that per the Fair Housing Act (FHA), if a reasonable accommodation could be made, it was required for animals recognized under the Americans with Disabilities Act (ADA) as service animals and emotional support animals under the FHA. Bloom explained that a full size horse is not considered a service animal, but could be considered an emotional support animal and that accommodations were to be made if they could be without fundamentally altering the purpose of the zoning laws with regard to livestock. There was discussion regarding the FHA certification requiring that the emotional support animal live in the house. It was explained that the animal being on the property may allow the disabled individual to enjoy the home. It was pointed out that Dr. Carlson, who provided the prescription for the therapeutic horse, though not a specialist in mental health, expressed an interest in autism, was unaware of the size of lot Planning and Zoning Commission Meeting October 14, 2015 Page 3 where the horse lived, and said that it was important for the patient to have access to the horse There was discussion regarding how many hours per day the patient needed access to the horse and whether the disabled individual could benefit from time with the horse offsite; there wasn't an answer to this question. Animal Control explained that after researching Department of Environmental Conservation workshops and the National Equine Registry, this environment situation and with this particular horse, the horse can be properly cared for as long as the property owner followed the conditions of the Conditional Use Permit. It was also explained that Animal Control staff would be through the neighborhood several times per month and would be cognizant of what was happening on the property. Discussion took place regarding proper hoof care; it was explained that some hoof care would be required daily, but that as long as there was a baseline, more in depth hoof care could be performed every six to twelve weeks. There was discussion regarding urine and feces; it was explained that the urine would drain into the soil, and that if the property owner maintained adequate manure removal, flies and odor could be kept to a minimum. It was also explained that it would be important to keep the sand at least one foot deep. A history of complaints from the community regarding a horse on the property was provided. It was explained that on October 16, 2014 former Animal Control Chief Cora Chambers denied an application for a livestock permit under Kenai Municipal Code (KMC) Title 3 pursuant to KMC 3.10.070 D. 2., because the horse was not kept for 4 -H or FIFA. There was discussion regarding condition #7 of the Conditional Use Permit and how water runoff containing horse feces, urine or other waste would be prevented. City Planner M. Kelley advised that storm water containment solutions could be utilized if it was determined that runoff was happening. Kelley advised that straw logs, silt fencing, rock, riprap, and grass were all solutions for preventing storm water runoff. He also advised that enforcement would be complaint driven. Discussion took place regarding the vacant property at 1314 41h Avenue, also owned by the applicant; it was explained that the horse could be kept there as a use by right if there was a properly permitted residence built on the property. It was further explained that a Conditional Use Permit could be applied for to keep the horse on the property without a residence. There was discussion regarding where livestock was allowed within the city limits; itwas explained that livestock was allowed on any lot that was 40,000 square feet or greater except that a Conditional Use Permit was required for livestock on a lot 40,000 feet or greater in the urban residential, suburban residential 1, suburban residential 2, and townsite historic district zones. A Conditional Use Permit was also required for livestock in any other zone, on a lot smaller than 40,000 square feet. MOTION TO AMEND: Commissioner Glendening MOVED to amend PZ15 -26 by adding "within 6 months" to condition 9; Commissioner Focose SECONDED the motion. Planning and Zoning Commission Meeting October 14, 2015 Page 4 VOTE ON THE AMENDMENT: YEA: Pettey, Springer, Twait, Peterson, Focose, Glendening NAY: Fikes MOTION PASSED. It was asked whether a Conditional Use Permit could be temporary; administration advised that there was no provision for a temporary Conditional Use Permit, but that if the Conditional Use Permit was approved and the property owner violated a condition and couldn't remedy the violation in a timeframe given them, a revocation hearing could take place. Discussion took place regarding the fact that the horse and all associated appurtenances are already in place; City Planner M. Kelley explained that violations are remedied by obtaining the appropriate permits. Commissioner Twait explained that with the information provided by Animal Control, Dr. Carlson expressing that there was value to have the horse with applicant, along with the letter from vet, he would be voting in favor. He also explained that he thought there were things the applicant could continue to do better to improve property values. Commissioner Pettey said that after the site visit she would be voting no. She explained that she had wanted clarification on a reasonable accommodation to make the exception she further explained that because the parcel is 10,000 square feet, and livestock is allowed on a lot that is 40,000 square feet, she calculated the subject property as 74.925% deficient and thought that accommodation was unreasonable. She further explained that she disagrees with the Animal Control Officer and City Planner regarding the neighboring properties being unaffected and was taking into consideration neighbors and other community members being adversely affected. Pettey also cited the possibility for adverse odors, aesthetics and diminished property values as additional reasons for objection. Additionally, she cited past performance of the applicant not obtaining proper permitting prior to moving the horse to her property and felt the Conditional Use Permit would not be respected. Commissioner Peterson explained that having heard from Animal Control, seen the site, and listened to the applicant, in addition to consideration of staff recommendations, he was impressed with the condition of the site and looking at the situation as a good neighbor he would be voting in favor. Commissioner Springer advised that he was not in favor because of the size of the lot. He explained that code specifically allows livestock on a 40,000 square foot lot and fears approval would be setting a precedence. He further explained that if the lot were 1/2 acre lot he would agree to it and had taken into consideration neighbors concerns of selling if a buyer didn't know what was going on across the street. Commissioner Glendening advised that he was not in favor because he was not convinced FHA was applicable. He explained that he sees the demonstrated disability, but as it applies to an emotional support animal as opposed to a service animal, he didn't have a firm understanding of the emotional support animal living in dwelling with them which was not the case. He further explained that neighboring properties would be significantly impaired evidenced by Planning and Zoning Commission Meeting October 14, 2015 Page 5 communication received, and the quality of the neighborhood would be impacted Commissioner Focose said he would be voting no; explained that there was a duty to protect city tax payers and approval would bring down the values of homes. Commissioner Fikes explained that she understood the disability, appreciated Dr. Carlson's input, although vague, and understood the need for an emotional support animal, but wasn't clear on the basis. She pointed out that livestock on small parcel, with all trees removed, along with other issues mentioned was not appealing for a neighborhood and didn't see it corresponding with the Comprehensive Plan. Commissioner Fikes further explained that she was not convinced water runoff was adequately addressed and the size of the space for the horse gave her cause for concern and for all the reasons mentioned would be voting no. VOTE ON THE MAIN MOTION AS AMENDED: YEA: Twait, Peterson NAY: Pettey, Fikes, Springer, Focose, Glendening MOTION FAILED. City Planner M. Kelley advised the applicant of the fifteen day appeal period. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: a. Consider rescheduling the November 11, November 25, and December 23 Planning and Zoning Commission meetings. During discussion, it was decided that the meetings would be scheduled as follows: • October 28, 2015 - Work Session to discuss the final draft of the proposed Ordinance to regulate Marijuana to begin at 6:00 P.M. • November 10, 2015 - Reschedule the regular meeting from November 11, 2015. The meeting is scheduled to begin at 6:15 P.M. • November 12, 2015 - Joint Work Session with the Airport Commission to review the proposed Rezoning of Airport Lands to begin at 6:00 P.M. • November 25, 2015: Cancel the regular meeting due to Thanksgiving Holiday • December 1, 2015: Joint Work Session with City Council to present the Ordinance to regulate the Commercial Legalization of Marijuana to begin at 6:00 P.M. • December 9, 2015: Conduct regular meeting as scheduled • December 23, 2015: Cancel regular meeting due to Christmas Holiday 9. PENDING ITEMS: None. 10. REPORTS: a. City Council — Knackstedt reviewed the action agenda of the October 7 Council meeting, which was provided in the packet. Planning and Zoning Commission Meeting October 14, 2015 Page 6 b. Borough Planning — Glendening reported that the Planning Commission and Platting Committee met in Soldotna on October 12 and approved three Right -of -Way vacations and nine plats; also approved a Conditional Use Permit for a trailer in the anadromous fish zone within 50' protection district of the Kenai River. c. Administration — Kelley reported on the following matters: Reminder of November15 -17 APA Conference in Anchorage 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: October 28, 2015 COMMISSION COMMENTS & QUESTIONS: Commissioner Focose reported that the Marijuana Control Board was taking testimony at the Legislative Information Offices in Anchorage on October 15 and October 16. 14. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 9:18 P.M. Minutes prepared an submitted by: 1-\ — I Heinz, CIVIC r City Clerk Planning and Zoning Commission Meeting October 14, 2015 Page 7