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HomeMy WebLinkAbout2017-01-25 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JANUARY 25, 2017- 7:00 P.M. COMMISSION 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 Commission Chair Twait led those assembled in the Pledge of Allegiance. b. Roll Call Commissioners present: R. Springer, D. Fikes, J. Twait, K. Peterson, J. Halstead, G. Greenberg, V. Askin Staff/Council Liaison present: City Planner M. Kelley, Planning Assistant W. Anderson, Deputy Clerk J. Heinz, and Council Liaison J. Glendening. A quorum was present. c. Agenda Approval Chariman Twait noted the following revisions to the agenda and packet: Add to Item 6. a. & 6. b. Resolution Nos. PZ16-39 & PZ16-40 • Amendment Memorandum • Correspondence from Property Owner Add to Item 8. a. Resolution No. PZ16-44 • Revised Map Move item 6. c. to be considered before item 6. a. MOTION: Commissioner Askin MOVED to approve the agenda with the revisions to the agenda and packet and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda; Commissioner Springer 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 — None. 2. *APPROVAL OF MINUTES: January 11, 2017 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: None. 6. PUBLIC HEARINGS: c. PZ16-43 - Application for a Conditional Use Permit for a dog daycare which provides grooming, training and overnight care for the property known as G. L. 19, 20, & 21, Sec. 6, T5N, R11 W, (11888 Kenai Spur Hwy., Unit 1) Kenai, Alaska. Application submitted by Lizz Giver, d/b/a Woof Pack Grooming & Daycare, P.O. Box 3218, Soldotna, AK 99669. [Clerk's Note: This item was moved to be considered first at approval of the agenda.] 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. • Prior to operation, the applicant must obtain a commercial kennel license from Animal Control pursuant to Kenai Municipal Code section 3.05.10(7)(a). • Prior to any construction, the applicant must obtain a Building Permit for any work requiring a Building Permit. • Dog Day Care business hours shall be from 8:00 a.m. to 7:00 p.m., Monday through Saturday. • Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code section 14.20.150(f). • If there is a change of use for the above described property, a new Conditional Use Permit must be obtained pursuant to Kenai Municipal Code section 14.20.150(i)(5). MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ16-43 and Commissioner Askin SECONDED the motion. Planning and Zoning Commission Meeting January 25, 2017 Page 2 Commission Chair Twait opened the public hearing Applicant Lizz Giver clarified that commercial chain link fencing with privacy slats would be utilized and noted that, though the premises wouldn't be staffed overnight surveillance cameras would be in place and the animals viewable through the 'Petcube' phone application. Animal Control noted that once the public comment period closed, they would be able to view the premises and issue their decision; had approximately seventeen days to accomplish their tasks. There being no one else wishing to speak, public hearing was closed. VOTE: YEA: Springer, Fikes, Halstead, Twait, Peterson, Greenberg, Askin NAY: MOTION PASSED UNANIMOUSLY. Commission Chair Twait noted the fifteen -day appeal period. PZ16-39 — Application 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 James Doyle on behalf of Mary Doyle, 2243 Beaver Loop Road., Kenai, AK 99611. [Clerk's Note: This item was continued from the January 11, 2017 meeting.] It was noted the staff report had been given at the January 11 meeting; requested whereas be added to the resolutions; available to answer questions. It was noted that the public hearing was properly noticed for this meeting. Commission Chair Twait opened the public hearing. Don Moffits added that the adjacent property the City owned wasn't worth anything, thus the ten - foot buffer would not be a big deal. Also noted that the ten -foot buffer was consistent with the other adjacent gravel pits; pointed out that a portion of the site had been reclaimed as duck habitat and permits would be required to fill the pond back in with material. There being no one else wishing to speak, the public hearing was closed. It was clarified that each gravel pit was different depending on the amount of material available and reclamation plans go into effect once the desired material had been extracted. It was also noted the area within the 150 -foot buffer was included in the reclamation plan. MOTION TO AMEND: Commissioner Askin MOVED to amend by adding a whereas clause immediately before the Conditions of Approval, that read, "Whereas, a Public Hearing was held on January 11, 2017 and Planning and Zoning Commission Meeting January 25, 2017 Page 3 was continued until January 25, 2017, and said public hearing was duly advertised as required by the Kenai Municipal Code 14.20.280 and was conducted by the Planning and Zoning Commission on January 25, 2017; and," and Commissioner Fikes SECONDED the motion. VOTE: YEA: Peterson, Springer, Fikes, Twait, Halstead, Greenberg, Askin NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: YEA: Peterson, Springer, Fikes, Halstead, Greenberg, Askin, Twait NAY: MOTION PASSED UNANIMOUSLY. Commission Chair Twait noted the fifteen -day appeal period. b. PZ16-40 — 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 for the property located at 2369 Beaver Loop Road; and further described as Tract Al, Beaver Loop Acres Addition No. 1. Application submitted by James Doyle on behalf of Mary Doyle, 2243 Beaver Loop Road., Kenai, AK 99611. (Clerk's Note: This item was continued from the January 11, 2017 meeting.) It was noted the staff report had been given at the January 11 meeting; nothing to add; available to answer questions. Commission Chair Twait opened and closed the public hearing; there was no one wishing to testify It was suggested that there would be more damage trying to put the buffer back; there was minimal amount of impact to the adjacent property; other gravel pits buffers were at the same distance. MOTION TO AMEND: Commissioner Askin MOVED to amend by adding a whereas clause immediately before the Conditions of Approval, that read, "Whereas, a Public Hearing was held on January 11, 2017 and was continued until January 25, 2017, and said public hearing was duly advertised as required by the Kenai Municipal Code 14.20.280 and was conducted by the Planning and Zoning Commission on January 25, 2017; and," and Commissioner Halstead SECONDED the motion. VOTE: YEA: Peterson, Springer, Fikes, Halstead, Twait, Greenberg, Askin NAY: Planning and Zoning Commission Meeting January 25, 2017 Page 4 MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: YEA: Peterson, Springer, Fikes, Twait, Halstead, Greenberg, Askin NAY: MOTION PASSED UNANIMOUSLY. Commission Chair Twait noted the fifteen -day appeal period. c. PZ16-43 - Application for a Conditional Use Permit for a dog daycare which provides grooming, training and overnight care for the property known as G. L. 19, 20, & 21, Sec. 6, TSN, R1 1W, (11888 Kenai Spur Hwy., Unit 1) Kenai, Alaska. Application submitted by Lizz Giver, d/b/a Woof Pack Grooming & Daycare, P.O. Box 3218, Soldotna, AK 99669. [Clerk's Note: This item was moved to be considered before item 6.a. at approval of the agenda.] 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: a. PZ16-44 — Application for a Transfer of a Conditional Use Permit PZ97-38 (PZ88- 16) for Surface Extraction of Natural Resources (Gravel Pit) from Zubeck, Inc, Transferor, to Beaver Loop Pit LLC, Transferee. City Planner Kelley reviewed his staff report, which noted the transferor and transferee were same operator and recommended approval with the following conditions: • Facility be licensed by the State of Alaska and managed in compliance with State licensing requirements; • 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 section 14.20.150(f); • If there is a change of use for the above described property, a new Conditional Use permit must be obtained pursuant to Kenai Municipal Code 14.20150(i)(5). MOTION: Commissioner Peterson MOVED to approve Resolution No. PZ16-44 and Commissioner Springer SECONDED the motion. It was clarified that in the past City staff didn't annually inspect gravel pits; the Kenai Peninsula Borough did; City Planner wanted to start inspecting gravel pits annually. Halstead noted he had a working relationship with the Zubecks but felt he could be impartial with his decision and added that he did not stand to gain financially if the Resolution was approved. Planning and Zoning Commission Meeting January 25, 2017 Page 5 Commission Chair Twait ruled Commissioner Halstead was allowed to vote. It was clarified that there would not be a requirement for property corners and property lines to be marked for inspection unless there was a question. VOTE: YEA: Peterson, Twait, Springer, Fikes, Halstead, Greenberg, Askin NAY: MOTION PASSED UNANIMOUSLY. b. PZ17-01 — Application for a Transfer of a Conditional Use Permit PZ03-43 (amended by PZ 05-03) for Hotels, Motels, Restaurant, Bar, Food Vendors, Bakery, Theatre/Commercial Recreation, Recreational Vehicle Park, and Common Interest Ownership Community (Condominium Project) from Kenai Landing, Inc., Transferor, to PRL Logistics, Inc., Transferee. City Planner Kelley reviewed his staff report, which indicated this Conditional Use Permit recognized condominium ownership and use and staff recommended approval with the following conditions: • Facility be licensed by the State of Alaska and managed in compliance with State licensing requirements; • Applicant must comply with all Federal, State, and local regulations; • Submit State of Alaska, Department of Environmental Conservation documentation of approval for septic systems and water systems for the conditional uses; • Provide landscape/site plans for review and approval when applications for building permits are submitted; • Provide landscape/site plan for the recreation vehicle park for review and approval; • If the recreational vehicle sites are increased in the future, submit landscape/site plan for approval; • Mark all buildings with proper unit number not less than four inches (4"); • Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code section 14.20.150(f); • If there is a change of use for the above described property, a new Conditional Use permit must be obtained pursuant to Kenai Municipal Code 14.20150(i)(5). • All streets within the development must be maintained by the CIOC. MOTION: Commissioner Halstead MOVED to approve Resolution No. PZ17-01 with recommended conditions and Commissioner Askin SECONDED the motion. It was clarified that the transfer of ownership accomplished in 2005 did not include the units being transferred with this resolution. It was further clarified that a transfer was accomplished when the first two condominium lots were purchased, but not the subsequently purchased lots and this resolution rectified that. VOTE: Planning and Zoning Commission Meeting January 25, 2017 Page 6 YEA: Peterson, Springer, Fikes, 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 January 18 Council Meeting noting approval of increased appropriations for the Personal Use Fisheryfor startup money for the 2017 season as the season falls on the threshold of fiscal years; authorized a purchase of 80 acres north and west of the airport; authorized the purchase of 2.7 acres in the Beaver Creek area to provide wellhead protection; adopted a policy on Council's use of mobile devices; authorized a rearranged sale of the Bowling Alley property; appointed Shauna Thornton and Charlie Stephens to the Parks & Recreation Commission. Also reported that at their January 24 Work Session, there was discussion regarding selling a portion of Lawton acres in which an agreement had been reached with the neighborhood's residents. b. Borough Planning — Council Member Glendening reported on actions from the January 23 Planning Commission meeting, noting the following: • Supported the acquisition of access easements from the State of Alaska in a Flood Risk Management Zone; • Plat committee approved one preliminary plat. c. Administration — City Planner M. Kelley noted administration was looking at developing a land sale policy and amending Kenai Municipal Code where necessary; would be distributing a bound copy of the adopted Comprehensive Plan soon. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: February 8, 2017 14. COMMISSION COMMENTS & QUESTIONS: Commissioner Askin suggested meetings begin at 6:00 p.m. Commissioner Peterson thanked Council Member Glendening and staff for their reports. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 8:22 p.m. Minutes prepare and submitted by: ie Heinz, MC, D puty City Clerk Planning and Zoning Commission Meeting January 25, 2017 Page 7