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HomeMy WebLinkAbout2017-01-11 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JANUARY 11, 2017- 7:00 P.M. VICE CHAIR DIANE FIKES, PRESIDING MINUTES I. CALL TO ORDER: Vice Chair Fikes called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Vice Chair Fikes led those assembled in the Pledge of Allegiance. b. Election of Chair and Vice Chair MOTION: Commissioner Springer MOVED to nominate Jeff Twait as Chair and Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. MOTION: Commissioner Springer MOVED to nominate Ken Peterson as Vice Chair and Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. c. Roll Call Commissioners present: R. Springer, D. Fikes, 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. d. Agenda Approval MOTION: Commissioner Askin MOVED to approve the agenda and Commissioner Halstead SECONDED the motion. There were no objections; SO ORDERED. e. Consent Agenda MOTION: Commissioner Springer MOVED to approve the consent agenda; Commissioner Greenberg 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. f. *Excused Absences —Commission Chair Twait, Commissioner Peterson 2. *APPROVAL OF MINUTES: December 14, 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: None. 6. PUBLIC HEARINGS: a. 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. MOTION: Commissioner Springer MOVED to approve Resolution No. PZ16-39 and Commissioner Askin SECONDED the motion. City Planner Kelley reviewed his staff report, which indicated staff found the proposal satisfied the review criteria and recommended approval with the following conditions: • Prior to commencement of extraction of natural resources or any reclamation activities, the applicant shall obtain all necessary State and Federal Permits. • Prior to commencement of extraction of natural resources or any reclamation activities, the applicant shall repair or replace any damaged fencing located on the rear of the site. • Prior to commencement of extraction of natural resources or any reclamation activities, the applicant shall submit a revised site plan which labels the area behind Area 2 as Area 2A and ensures that the further subsurface extraction is limited to within 10 feet of the rear property line. • Excavation below the water table shall only be allowed in those locations marked Area 1, Area 2, Area 2A, and Area 3. • There shall be no further excavation below the water table in the Area located up to Planning and Zoning Commission Meeting January 11, 2017 Page 2 ten feet from the rear property line behind Area 2. The final working face shall be back sloped to a minimum angle of 2:1. • The excavation may not penetrate the subsurface clay/silt layer located approximately thirty feet below the original ground surface. • If fill material is placed in the pits, it must be fill material originally from this approximately 52.5 -acre site and it must not contain any "hazardous substances," or "industrial waste," "mining waste," "solid waste," or "other waste," as defined in Alaska State Statutes. • Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.150(f). • Applicant shall employ the use of dust control measures to ensure the material site and the driveway fronting onto Beaver Loop Road remain dust free. Dust control shall include the daily use of a water truck and placement of calcium chloride on the driveway. A water truck shall also be used to control dust from the working face of the gravel pit. It was noted that the public hearing was improperly noticed and that public testimony would be taken, however the public hearing would be continued to the January 25 meeting to allow for proper noticing. It was further noted that the Commission would be holding their questions until after the public hearing was closed on January 25. Vice Chair Fikes opened the public hearing. Jim Doyle thanked staff and the Commission for the time and effort put into drafting and considering the Conditional Use Permit Amendment and Variance noting approval would alleviate burden on his elderly sister-in-law. Chris Garcia suggested that the City of Kenai sell a portion of its property to the Doyle's to alleviate the variance issue. Don Moffits provided documentation on well testing and water analyses on nearby wells after the water table was breached. Also noted a portion of the property that had been excavated had been converted to a duck pond and has been working well for 20 years. MOTION: Commissioner Springer MOVED to continue the public hearing to January 25, 2017 and Commissioner Askin SECONDED the motion. VOTE: YEA: Springer, Fikes, Halstead, Greenberg, Askin NAY: MOTION PASSED UNANIMOUSLY. b. PZ16-40 —Application for an After the Fact Variance to Setbacks for the Extraction Planning and Zoning Commission Meeting January 11, 2017 Page 3 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. City Planner Kelley reviewed his staff report, which indicated staff found the proposal satisfied the review criteria and recommended approval with the following conditions: • Prior to commencement of extraction of natural resources or any reclamation activities, the applicant shall obtain all necessary State and Federal Permits. • Prior to commencement of extraction of natural resources or any reclamation activities, the applicant shall repair or replace any damaged fencing located on the rear of the site. • Prior to commencement of extraction of natural resources or any reclamation activities, the applicant shall submit a revised site plan which labels the area behind Area 2 as Area 2A and ensures that the further subsurface extraction is limited to within 10 feet of the rear property line. • Excavation below the water table shall only be allowed in those locations marked Area 1, Area 2, Area 2A, and Area 3. • There shall be no further excavation below the water table in the Area located up to ten feet from the rear property line behind Area 2. The final working face shall be back sloped to a minimum angle of 2:1. • The excavation may not penetrate the subsurface clay/silt layer located approximately thirty feet below the original ground surface. • If fill material is placed in the pits, it must be fill material originally from this approximately 52.5 -acre site and it must not contain any "hazardous substances," or "industrial waste," "mining waste," "solid waste," or "other waste," as defined in Alaska State Statutes. • Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.150(f). • Applicant shall employ the use of dust control measures to ensure the material site and the driveway fronting onto Beaver Loop Road remain dust free. Dust control shall include the daily use of a water truck and placement of calcium chloride on the driveway. A water truck shall also be used to control dust from the working face of the gravel pit. MOTION: Commissioner Springer MOVED to approve Resolution No. PZ16-40 and Commissioner Fikes SECONDED the motion. It was noted that the public hearing was improperly noticed and that public testimony would be taken, however the public hearing would be continued to the January 25 meeting to allow for proper noticing. It was further noted that the Commission would be holding their questions until after the public hearing was closed on January 25. Planning and Zoning Commission Meeting January 11, 2017 Page 4 Vice Chair Fikes opened the public hearing; there being no one wishing to testify, the public hearing was continue. MOTION: Commissioner Springer MOVED to continue the public hearing to January 25, 2017 and Commissioner Halstead SECONDED the motion. VOTE: YEA: Springer, Fikes, Halstead, Greenberg, Askin NAY: MOTION PASSED UNANIMOUSLY. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: None. 9. PENDING ITEMS: None. 10. REPORTS: City Council — Council Member Glendening reviewed the action agenda from the December 7 Council Meeting which was provided in the packet pointing out unanimous approval for a funding increase for the waste water treatment plan; approved code changes regarding use of title and escrow companies; authorized lease extension for Kenai Fine Arts Guild; set work session for January 24 to discuss an offer to purchase a portion of Lawton Acres. b. Borough Planning — Council Member Glendening reported on actions from the January 9 Planning Commission meeting, noting the following: • Requested plat amendments; • Cited findings to deny a fully enclosed area below flood elevation in flood hazard area; • Rescinded denial of a Right -of -Way and associated easements as proper notice was not given; • Approved vacation of a Right -of -Way; • Approved three preliminary plats. c. Administration — City Planner M. Kelley noted the Comprehensive Plan was unanimously approved by the Borough Assembly; bound copies to be distributed. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: January 25, 2017 Planning and Zoning Commission Meeting January 11, 2017 Page 5 14. COMMISSION COMMENTS & QUESTIONS: None. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 8:06 p.m. Minutes prepared sand submitted by: ie Heinz, CMC ity City Clerk Planning and Zoning Commission Meeting January 11, 2017 Page 6