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Home My WebLink About2016-12-14 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS DECEMBER 14, 2016 - 7:00 P.M. PRESIDENT PRO TEMPORE PETERSON, PRESIDING MINUTES 1. CALL TO ORDER: Commissioner Peterson called the meeting to order at 7:02 p.m. a. Pledge of Allegiance Commissioner Peterson led those assembled in the Pledge of Allegiance. Deputy Clerk J. Heinz administered the Oaths of Office to Commissioners Greenberg, Askin, and Halstead. b. Roll Call Commissioners present: R. Springer, K. Peterson, J. Halstead, G. Greenberg, V. Askin Staff /Council Liaison present: City Planner M. Kelley, Deputy Clerk J. Heinz, and Council Liaisons J. Glendening and H. Knackstedt A quorum was present. MOTION: Commissioner Springer MOVED to appoint Commissioner Peterson as President Pro Tempore for the meeting and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. c. Agenda Approval MOTION: Commissioner Springer MOVED to approve the agenda and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Springer MOVED to approve the consent agenda; Commissioner Askin 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 —Commission Chair Twait, Vice Chair Fikes. 2. *APPROVAL OF MINUTES: November 9, 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: a. PZ16 -41 — Vacation of Utility Easements — Preliminary Original Plat of Ridgeview Subdivision 2016 Replat, submitted by Integrity Surveys, 820 Set Net Dr., Kenai, AK 99611 City Planner Kelley reviewed his staff report, which was provided in the packet, noting the new plat vacated utility easements, and recommended approval with following recommendations: • 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 utility easements, pursuant to Kenai Municipal Code 22.05.110. MOTION: Commissioner Springer MOVED to approve Resolution No. PZ16 -41 and Commissioner Halstead SECONDED the motion. President Pro Tempore Peterson opened the public hearing; there being no one wishing to testify, the public hearing was closed. VOTE: YEA: Peterson, Springer, Halstead, Greenberg, Askin NAY: MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS: a. PZ16 -38 — Application for Conditional Use Permit to construct a greenhouse located on the property known as 513 Overland Dr.; and further described as Lot 5, Block 5, Original Townsite of Kenai, excluding the Southwesterly 20 feet of the Southeasterly 20 feet. Application submitted by Kenaitze Indian Tribe, P.O. Box 988, Kenai, AK 99611. Planning and Zoning Commission Meeting December 14, 2016 Page 2 City Planner Kelley reviewed his staff report, which indicated staff found the proposal satisfied the review criteria and recommended approval with the following conditions: Applicant must comply with all Federal, State, and local regulations. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.150(f). If there is a change of use for the described property, a new Conditional Use Permit must be obtained pursuant to KMC 14.20.150(i)(5). MOTION: Commissioner Askin MOVED to approve Resolution No. PZ16 -38 and Commissioner Springer SECONDED the motion. President Pro Tempore Peterson opened the public hearing. Rusty Swan, director of housing, noted the tribe's intent to break ground in the spring, that diabetes and other health related concerns were intended to be the core purpose for the greenhouse but depending on production could be used for classrooms or food banks. There being no one else wishing to testify, the public hearing was closed. VOTE: YEA: Peterson, Springer, Halstead, Greenberg, Askin NAY: MOTION PASSED UNANIMOUSLY. Peterson noted the 15 -day appeal period. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: a. Conduct a Completeness Review of PZ16 -39; a Request for an After the Fact Amendment of PZ05 -35 (PZ03 -32), a Conditional Use Permit for the Extraction of Natural Resources below the water table and the operation of a Sand and Gravel Pit for the property located at 2369 Beaver Loop Road; further described as Tract Al, Beaver Loop Acres Addition No. 1. Application submitted by Mary Doyle, 2243 Beaver Loop Road., Kenai, AK 99611 AND Consider Scheduling the Application for a Public Hearing on January 11, 2017 before the Planning and Zoning Commission. Staff reviewed the memorandum which was included in the packet, noting the Conditional Use Permit was transferred in its entirety to the Doyles in 1985, amended in 2003 to allow a storage yard, and amended again in 2005 to address the water table. It was pointed out that excavation had taken place in "area two" that fell within the required buffer to within ten feet of the property Planning and Zoning Commission Meeting December 14, 2016 Page 3 line, the applicant made it known to the City, health issues were a factor, and the erroneous excavation was not believed to be malicious. It was also pointed out that the intent was to sell the gravel pit. Staff recommended the Commission find both applications complete and schedule both Public Hearings for January 11, 2017. MOTION: Commissioner Springer MOVED to determine application associated with PZ16 -39 as complete and set a public hearing for January 11, 2017 and Commissioner Askin SECONDED the motion. It was noted that the amendment to the Conditional Use Permit that was considered in 2005 was appealed to the Board of Adjustment and the decision was included in the packet. President Pro Tempore Peterson opened the floor for public comment. Don Moffits noted excavation had taken place into water table but not through the gravel layer; it wasn't feasible to get into the silt layer. There being no one else wishing to be heard, public comment was closed. VOTE: YEA: Peterson, Springer, Halstead, Greenberg, Askin NAY: MOTION PASSED UNANIMOUSLY. b. Conduct a Completeness Review of PZ16 -40; an Application for an After the Fact Variance to Setbacks for the Extraction of Natural Resources below the water table within 10 (ten) feet of the Rear Property Line, where 150 (one hundred and fifty) feet is required Permit for the property located at 2369 Beaver Loop Road; and further described as Tract A1, Beaver Loop Acres Addition No. 1. Application submitted by Mary Doyle, 2243 Beaver Loop Road., Kenai, AK 99611 AND Consider Scheduling the Application for a Public Hearing on January 11, 2017 before the Planning and Zoning Commission. It was noted work had been accomplished cleaning up the slope; the variance would reduce a one hundred fifty buffer to ten feet. MOTION: Commissioner Springer MOVED to determine application associated with PZ16 -40 as complete and set a public hearing for January 11, 2017 and Commissioner Halstead SECONDED the motion. VOTE: YEA: Peterson, Springer, Halstead, Greenberg, Askin NAY: Planning and Zoning Commission Meeting December 14, 2016 Page 4 MOTION PASSED UNANIMOUSLY. c. Resolution No. PZ16 -42 A Resolution of the Planning and Zoning Commission of the City of Kenai, recommending an Ordinance to the Council of the City of Kenai, consenting to an Amendment to Extend the Terms of Lease to 2035 of Certain City -Owned Land, identified as a Portion of Lot 3, Block 17, Original Townsite of Kenai and the Building Known as the "Fine Arts Center", to the Peninsula Art Guild, Inc., without a Current Appraisal and Declaring an Amendment to the Lease is in the Best Interest of the City. Staff noted the art guild was seeking grants for building renovations and the grants required a longer lease; the lease extension required Planning and Zoning Commission review; lease was not a traditional lease and a portion of the code needed to be waived due to the condition of the building. MOTION: Commissioner Springer MOVED to approve Resolution No. PZ16 -42 and Commissioner Askin SECONDED the motion. It was noted that the roof had been repaired recently but the building was not understood to have any other major maintenance issues. It was also noted the issues between the potters and the art guild had been resolved. VOTE: YEA: Peterson, Springer, Halstead, Greenberg, Askin NAY: MOTION PASSED UNANIMOUSLY. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council — Council Member Glendening reviewed the action agenda from the December 7 Council Meeting which was provided in the packet and added that he attended Alaska Municipal League noting the takeaway that stating findings were important in quasi judicial situations and questioning shows the body is engaged in the matter. Also reported that he attended work sessions on December 1 regarding the dipnet fishery, December 8 regarding leases within the airport reserve, and December 13 regarding the FY17 budget. b. Borough Planning — Council Member Glendening reported on actions from the November 28 and December 12 meetings, noting the following: • approval of ten plats; • approval of a vacation of a utility easement; • approval of a vacation of a public trail in Homer; Planning and Zoning Commission Meeting December14,2016 Page 5 • two public hearings for a marijuana facilities in the Ridgeway area and Kasilof; • heard the presentation of the City of Kenai Comprehensive Plan; • made an exception to a flood plain management decision. c. Administration — City Planner M. Kelley noted the Borough Planning and Zoning Commission recommended approval of the City of Kenai Comprehensive Plan to the Kenai Peninsula Borough with minor textual changes. Adoption scheduled for January 3. Also pointed out the next meeting was scheduled for December 28 and recommended canceling the meeting due to holidays. It was decided to cancel the December 28 meeting. 11. PERSONS PRESENT NOT SCHEDULED: Henry Knackstedt congratulated Commissioners Halstead, Greenberg, and Aksin on their appointment to the Commission and noted the job well done on a difficult meeting with the absence of the Chair and Vice Chair. Jim Glendening also welcomed the new Commissioners and encouraged recruitment of commissioners for other commissions. 12. INFORMATIONAL ITEMS: a. Consent to Assignment of Lease of General Fund Lands for property described as a portion of Government Lot 10, Section 4, Township 5 North, Range 11 West, and Lots 2 & 4, Amended U.S. Survey 4563 located at 672 Bridge Access Road from Salamatof Fisheries, LLC. (Assignor) to RABUF, LLC (Assignee). b. Consent to Assignment of Lease of General Fund Lands for Property Described as Tract C, Kenai Tidelands Survey No. 2 from Pacific Star Seafoods, Inc., (Assignor) to RABUF, LLC (Assignee). c. Consent to Assignment of Lease of General Fund Lands for Property described as Lot 2, Kenai Spit Subdivision, located at 2000 Columbia Street from Wild Pacific Salmon, Inc. (Assignor) to North Pacific Seafoods, Inc. (Assignee). 13. NEXT MEETING ATTENDANCE NOTIFICATION: December 28, 2016 — cancelled. 14. COMMISSION COMMENTS & QUESTIONS: Commissioner Peterson welcomed Commissioners Askin and Greenberg to the Commission; welcomed Commissioner Halstead back. Commissioner Springer echoed Commissioner Peterson's comments. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 8:30 p.m. Planning and Zoning Commission Meeting December 14, 2016 Page 6 Minutes prepared and submitted Heinz, CIVIC i. N City Clerk v MW �O `LADED 1 Planning and Zoning Commission Meeting December 14, 2016 Page 7