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HomeMy WebLinkAbout2016-07-13 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JULY 13, 2016 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER: Commission Chair 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: J. Twait, G. Pettey, D. Fikes, J. Glendening, J. Focose, and K. Peterson Staff /Council Liaison present: City Planner M. Kelley, Deputy City Clerk J. Heinz, Planning Assistant W. Anderson and Council Liaison H. Knackstedt A quorum was present. c. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda; Commissioner Pettey SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda; Commissioner Glendening 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. e. *Excused Absences — R. Springer 2. *APPROVAL OF MINUTES: June 22, 2016 Minutes were approved by the consent agenda. Commissioner Fikes joined the meeting at 7:01 p.m. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None. 5. CONSIDERATION OF PLATS: a. PZ16 -15 — Preliminary Original Plat of Townsite of Kenai, 2016 Addition, submitted by Kenaitze Indian Tribe, P.O. Box 988, Kenai, Alaska, 99611 City Planner Kelley reviewed his staff report noting there were no new parcels created, but instead reconfiguring already existing parcels and recommended approval with the following conditions: • Further development of the property shall conform to all Federal, State and local regulations. • The City Council for the City of Kenai must approve the vacation of the right -of -way shown on the proposed plat, pursuant to Kenai Borough Code 20.70.110 and Kenai Municipal Code 22.05.110(b). • Prior to recordation of the plat, the City Council for the city of Kenai must declare that Lot 17, block 5, Original Townsite of Kenai is not needed for a public use and approve the conveyance of the lot to the Kenaitze Indian Tribe. • The City Manager for the City of Kenai must sign the plat indicating the approval by the City of Keani of the right -of -way being vacated. MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ16 -15 with staff recommendations and Commissioner Glendening SECONDED the motion. Chair Twait opened and closed the public hearing; there was no one wishing to testify. Staff clarified that it wasn't predicted that the City Council would object to vacating the right of way. VOTE: YEA: Pettey, Glendening, Fikes, Twait, Focose, Peterson NAY: MOTION PASSED UNANIMOUSLY. b. PZ16 -19 - Preliminary Original Plat of ADL 63572 Vacation Easement, submitted by Bryan Lowe, 12231 N. Cherry Hills Dr., W., Sun City, AZ 85351 City Planner Kelley reviewed his staff report provided in the packet noting that the plat cleaned up vacated easements and rights -way and recommended approval with the following conditions: Planning and Zoning Commission Meeting July 13, 2016 Page 2 • Further development of the property shall conform to all Federal, State and local regulations. • The City Council for the City of Kenai must approve the vacation of the right -of -way shown on the proposed plat, pursuant to Kenai Borough Code 20.70.110 and Kenai Municipal Code 22.05.110(b). • Prior to recordation of the plat, the City Council for the city of Kenai must declare that Lot 17, block 5, Original Townsite of Kenai is not needed for a public use and approve the conveyance of the lot to the Kenaitze Indian Tribe. • The City Manager for the City of Kenai must sign the plat indicating the approval by the City of Keani of the right -of -way being vacated. MOTION: Commissioner Glendening MOVED to approve Resolution No. PZ16 -19 with staff recommendations and Commissioner Focose SECONDED the motion. Chair Twait opened the public hearing; there being no one wishing to testify, the public hearing was closed. Staff clarified that the easements were known of during the previous plat process, but needed verified; it was known that a second plat would be completed VOTE: YEA: Pettey, Glendening, Fikes, Twait, Focose, Peterson NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: a. PZ16 -24 A Resolution of the Planning and Zoning Commission of the City of Kenai, recommending an Ordinance to the Council of the City of Kenai to approve and adopt the revised 2030 Comprehensive Plan updated in 2016. City Planner Kelley reviewed his staff report noting changes made after the last work session and his recommendation to include an appendix adopting the 2013 plan by reference, updates to maps, and rezoning the parcel known as 'Lawton Acres' to low density residential. MOTION: Commissioner Fikes MOVED to approve Resolution No. PZ16 -24 with staff recommendations and Commissioner Peterson SECONDED the motion. Chair Twait opened the public hearing. Laura Sievert expressed concern with removal of residential areas on the Kenai Spur Highway, noting that zoning in some areas near the highway had changed from residential to mixed use or commercial; pointed out that when the referendum petition was circulated commercial properties Planning and Zoning Commission Meeting July 13, 2016 Page 3 on the highway was the biggest concern Kristine Schmidt spoke against the resolution noting the information wasn't available to the public for very long and it was difficult to go through; also noted objection to the 2013 plan being included by reference; echoed previous concern with residential areas being changed to commercial near the highway; expressed concern for wetlands areas being changed to heavy industrial from conservation. Kelly Kelso expressed gratitude for changes to the goals and objectives section and also for improvements to the goals for the residential sections; noted it was difficult to compare the old and new maps due to the small size. There being no one wishing to testify, the public hearing was closed. Staff clarified that the mixed use zone was first and foremost a residential use; plans to make the Kenai Spur Highway a five -lane highway was noted; pointed out that mixed use was on the east side of the highway, but low density residential on west side of highway. It was noted that the Comprehensive Plan included plans to bring land use into compliance with zoning and clarified that land use and zoning were two different things. Staff explained that land uses were allowed uses, allowed as principal or with a permit within a zone; further explained that land use was broader giving an idea of what was allowed, zoning was narrower, identifying specific allowances and whether permits were required. Staff also noted that the City received zoning powers in 1984 with most zoning left as rural residential with the intent to change later as the City developed. Staff clarified that due to the lot sizes, Rights -of -Way being undeveloped, water and sewer availability, and previous zoning, discussions with the commission revealed that general commercial zoning would be appropriate for lots near the Kenai Spur Highway. It was noted that the land use map mimicked the zoning map, past and current; explanation was provided that to make land use and zoning amendments, the Planning and Zoning Commission would recommend that City Council pass an ordinance. It was decided that inclusion of the 2013 plan by reference as appendix A was a recommendation included in the motion. The Airport Master Plan was discussed. It was noted that the plan wasn't adopted yet and as such the parcel known as 'Lawton Acres' was appropriately left zoned as airport reserve until the plan was adopted as the Airport could develop the property or lease as 'build to suit' property. VOTE: YEA: Pettey, Glendening, Fikes, Twait, Focose, Peterson NAY: MOTION PASSED UNANIMOUSLY. 7. UNFINISHED BUSINESS: None. Planning and Zoning Commission Meeting July 13, 2016 Page 4 8. NEW BUSINESS: a. Action /Approval — Recommendation to Council Regarding Classifying for Leasing, a Parcel Identified as, a Portion of Tidelands Survey No. 272 within Section 35, Township 5 North, Range 11 West. It was noted that the parcel had been fished since the 1970's the City was bringing the entity using the parcel into compliance; doing so required a recommendation as to whether or not the City should lease and subsequently, City Council would determine the same followed by approval of a lease. MOTION: Commissioner Glendening MOVED to approve recommendation to the Council to classify a parcel identified as a portion of Tidelands Survey No. 272 within Section 35, Township 5 North, Range 11 West for lease and Commissioner Peterson SECONDED the motion. It was clarified that the City was bringing the situation into compliance with Kenai Municipal Code; the entity using the parcel had proven they had actively fished on the parcel, applied to lease the property, and an agreement had been put into place for back lease payments. VOTE: YEA: Pettey, Glendening, Fikes, Twait, Focose, Peterson NAY: MOTION PASSED UNANIMOUSLY. b. Action /Approval — Recommendation to Council Regarding Classifying for Leasing, a Parcel Identified as Tract 4, Shore Fishery Plat No. 71. MOTION: Commissioner Peterson MOVED to approve recommendation to the Council to classify a parcel identified as Tract 4, Shore Fishery Plat No. 71 for lease and Commissioner Glendening SECONDED the motion. VOTE: YEA: Pettey, Glendening, Fikes, Twait, Focose, Peterson NAY: MOTION PASSED UNANIMOUSLY. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council — Council Member Knackstedt thanked the Commission and staff for their Planning and Zoning Commission Meeting July 13, 2016 Page 5 time and work on the Comprehensive Plan; reviewed the action agenda from the July 6 meeting noting an ordinance and a resolution dealing with selling airport property were postponed, a resolution opposing the Kenai Peninsula Borough's proposal to reduce membership of its Planning and Zoning Commission was passed, approved and assignment of lease to a restaurant and the airport, and set a Board of Adjustment hearing for an appeal of a Planning and Zoning decision to deny a Conditional Use Permit for a marijuana retail store by the Isaacs'. b. Borough Planning — Commissioner Glendening reviewed the action taken at the June 27 meeting noting the Platting Commission reviewed and approved seven preliminary plats. Also noted the Planning Commission recommended approval of an ordinance outlining the Soldotna Streets Management Plan, noting the plan involved water and sewer infrastructure as well as a 'Safe Routes to School' plan; also approved two gravel pits. c. Administration — Kelley reminded the Commission that the Comprehensive Plan would be forwarded on to City Council as an ordinance for introduction and adoption; noted plats and a time extension request for variance coming up on future agendas. 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: July 27, 2016 It was noted that Commissioner Glendening would be absent. 14. COMMISSION COMMENTS & QUESTIONS: Commissioner Focose noted he appreciated working on the Comprehensive Plan. Commissioner Glendening thanked Elizabeth Bensen for her assistance; noted there would be more opportunity to be heard prior to adoption. Commissioner Pettey noted the Comprehensive Plan was dynamic; not everyone got what they wanted; the Commission diligently looked at the whole community to do what was best. Commissioner Peterson thanked staff and Elizabeth Bensen for their work noting it was difficult to please everyone and that both the City and the Plan were dynamic. Commissioner Twait echoed thanks to the staff and Elizabeth Bensen. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 8:28 p.m. Minutes pre and submitted by: Heinz, CM, City Clerk Planning and Zoning Commission Meeting July 13, 2016 Page 6