HomeMy WebLinkAbout2016-08-24 Planning & Zoning MinutesCITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
AUGUST 24, 2016 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
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, R. Springer, K. Peterson, J.
Glendening
Staff /Council Liaison present: City Planner M. Kelley, Deputy City Clerk J. Heinz, Planning
Assistant W. Anderson and Council Liaison T. Navarre
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Fikes MOVED to approve the agenda and Commissioner Peterson SECONDED
the motion. There were no objections; SO ORDERED.
It was noted that the minutes for the July 27, 2016 meeting were added to the packet and that a
discussion /action item regarding an ordinance amending Kenai Peninsula Borough Code
2.40.010, to reduce planning commission membership, be added to the agenda as a New
Business item.
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 —J. Focose
2. *APPROVAL OF MINUTES: July 27, 2016
Minutes were approved by the consent agenda.
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) None scheduled.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) None.
5. CONSIDERATION OF PLATS:
PZ16 -20 — Preliminary Original Plat of The Lake at Kenai 2016 Addition, submitted by
Angler Enterprises, Inc., P.O. Box 303, Soldotna, AK 99669
City Planner Kelley reviewed his staff report provided in the packet noting that the plat subdivided
one parcel into fourteen lots and recommended approval with the following conditions:
• Further development of the property shall conform to all Federal, State and local
regulations.
• The City Council of the City of Kenai must approve acceptance of the dedication of the
Rights -of -Way for Angler Cove Court and Peace of Mind Circle, pursuant to Kenai
Municipal Code 22.05.110 and Kenai Peninsula Borough Code 20.28.100.
• Prior to the sale of any lots, the developer will be required to enter into an installation
agreement with the City of Kenai and shall provide a security to guarantee completion of
the improvements for each phase of the development.
• The paving of the streets will be required prior to completion of construction of each phase
of development of the subdivision
• Street construction shall meet the requirements as set forth in Kenai Municipal Code
Section 14.10.080.
• Street design must be stamped by an engineer licensed by the State of Alaska.
• The septic systems and water wells must be approved by the State of Alaska, Department
of Environmental Conservation.
• The developer shall install all signs including, but not limited to, stop signs, speed limit
signs, and street name signs.
• The City Manager for the City of Kenai must sign the plat acknowledging acceptance by
the City of Kenai of the final plat.
MOTION:
Commissioner Fikes MOVED to approve Resolution No. PZ16 -20 with staff recommendations
and Commissioner Peterson SECONDED the motion.
Chair Twait opened the public hearing; there being no one wishing to testify, the public hearing
was closed.
It was clarified that on Lot 5, the higher portion of the lot usable; Kenai Municipal Code regarding
securing the installation agreement was explained.
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August 24, 2016
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VOTE:
YEA: Pettey, Fikes, Springer, Twait, Peterson, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
b. PZ16 -26 - Preliminary Original Plat of Thomas J. Tomrdle and Kathryn A. Tomrdle,
submitted by P.O. Box 698, Kenai, Alaska 99611
City Planner Kelley reviewed his staff report provided in the packet noting that the plat
reconfigured existing lots and recommended approval with the following conditions:
• Further development of the property shall conform to all Federal, State and local
regulations.
• Plat note number three (3) reads as follows: 'The front ten feet of these lots is a utility
easement." The utility easement should be delineated on the plat.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16 -26 with staff recommendations
and Commissioner Pettey SECONDED the motion.
Chair Twait opened the public hearing; there being no one wishing to testify, the public hearing
was closed.
VOTE:
YEA: Pettey, Fikes, Springer, Glendening, Twait, Peterson
NAY:
MOTION PASSED UNANIMOUSLY.
c. PZ16 -27 - Preliminary Original Plat of Wisnewski Subdivision, submitted by Curt
Wisnewski and Shawnee Wisnewski, 1114 4`h Ave., Kenai, AK 99611
City Planner Kelley reviewed his staff report provided in the packet noting that the plat
reconfigured existing lots and recommended approval with the following conditions:
• Further development of the property shall conform to all Federal, State and local
regulations.
• The street shown as Fifth Avenue should be changed to Fifth Court.
• The word "subtitle" should be removed from the title block. In addition, government lots 6
and 7 should be changed to government lots 5 and 6.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16 -27 with staff recommendations
and Commissioner Glendening SECONDED the motion.
Chair Twait opened the public hearing; there being no one wishing to testify, the public hearing
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August 24, 2016
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was closed.
It was clarified that public water and sewer were not within the prescribed distances required for
hooking up; also noted that Fifth Court has always been Fifth Court since acceptance by Council.
It was explained that the structure being placed was a tiny house and would be aesthetically
pleasing.
VOTE:
YEA: Pettey, Fikes, Springer, Twait, Peterson, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
d. PZ16 -28 - Preliminary Original Plat of Rutherford Tract "A" Arbuckle Addition, submitted
by David Arbuckle and Sherrie Arbuckle, 3650 Strawberry Rd., Anchorage, AK 99502-
3102
City Planner Kelley reviewed his staff report provided in the packet noting that the plat subdivides
a parcel and recommended approval with the following conditions:
• Further development of the property shall conform to all Federal, State and local
regulations.
• The notation in the right -of -way for Evergreen Street should be changed to reflect that the
right -of -way is 83 feet in width rather than 80 feet.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ16 -28 with staff recommendations
and Commissioner Glendening SECONDED the motion.
Chair Twait opened the public hearing; there being no one wishing to testify, the public hearing
was closed.
VOTE:
YEA: Pettey, Fikes, Springer, Twait, Peterson, Glendining
NAY:
MOTION PASSED UNANIMOUSLY.
6. PUBLIC HEARINGS:
a. PZ16 -31 - A Resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending Ordinance No. 2916 -2016 to the Council of the City of Kenai,
Alaska, Amending Kenai Municipal Code Chapter 12.10 — Nuisances in General, to
Include Abandoned Structures, Change the Enforcement Process, and Make Other
Material, and Housekeeping Changes
City Planner Kelley reviewed his staff report which was provided in the packet, noting that the
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ordinance attached made significant changes to the nuisances section of Kenai Municipal Code,
including more descriptive definitions, new procedures for enforcement, and identify additional
structures as nuisance.
MOTION:
Commissioner Fikes MOVED to approve Resolution No. PZ15 -31 and Commissioner Peterson
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 revisions allowed for a more collaborative approach with residents;
streamlined the process; provided for waivers of certain fees, which was standard throughout
Kenai Municipal Code.
It was also clarified that in case of a mobile home being an abandoned structure, two parties
would be involved due to there being an owner of real property and an owner of personal property;
ultimately would fall to real property owner; options for real property owner in court.
VOTE:
YEA: Pettey, Fikes, Twait, Peterson, Springer, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. Discussion /Action — Ordinance Amending Kenai Peninsula Borough 2.40.010 to Reduce
Planning Commission Membership.
Commissioner Glendening clarified that the Borough Planning Commission requested a
postponement so the first class cities had an opportunity to submit input; noted an eleven to
thirteen member Commission worked well; the Commission had a good relationship with staff and
input from the cities helped greatly. He also discussed memos from the Borough Planner and
Borough Mayor, which he had copies of, and recommended they be forwarded to the City Council.
It was pointed out that the City Council was on record opposing the ordinance and the
Commission may want to recommend Council change its position due to the substitute.
More clarification was provided, noting that compliance with Alaska Statute Title 29 was what
triggered the ordinance in the first place; population outside of cities was growing and needed
more representation. It was also noted that the borough would be revising its Comprehensive
Plan in the next few years and didn't want the cities left out.
The apportionment of the thirteen member Commission was reviewed
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MOTION:
Commissioner Glendening MOVED to recommend approval of the substitute ordinance amending
Kenai Peninsula Borough Code 2.40.010 and recommend the Kenai City Council change their
position and Commissioner Peterson SECONDED the motion.
VOTE:
YEA: Pettey, Fikes, Twait, Peterson, Springer, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
It was recommended that staff and the attorney review the draft borough meeting minutes and
memos and that they be forwarded to the City Council for review.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council — Council Member Navarre noted the microphones were difficult to get used
to but were very beneficial for hearing. Noted consideration of the Comprehensive Plan
was proceeding; a second public hearing would be held on September 7 and the plan
could be adopted at that time, or postponed to the second meeting in September.
b. Borough Planning — Commissioner Glendening reported in addition to consideration of
Commission realignment, the Commission approved seven preliminary plats, considered
approval of a Marijuana Cultivation Facility, a Conditional Use Permit near Kasilof for
resource extraction, and a Conditional Use Permit for a primary structure near an
anadromous fish habitat in Poacher's Cove.
c. Administration — Kelley reported on the following:
• Noted Commissioner Focose was having surgery and encouraged
commissioners to sign a get well card,
• Advised that the Board of Adjustment had met to consider the Isaacs' appeal of
the Planning and Zoning Commission's decision to deny a marijuana facility in
Swanson Square;
• Noted the Borough's ordinance regarding Planning Commission apportionment
would be on the City Council's agenda on September 7.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: September 14, 2016
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Glendening noted that it was good to be back; had a good trip; caught a lot of
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fish; went to a baseball game in Seattle.
Commissioner Fikes thanked Council Member Navarre for the update on the status of the
Comprehensive Plan.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 8:06 p.m.
Minutes prepared and submitted by:
J i Heinz, CIVIC `
D y City Clerk
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