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HomeMy WebLinkAbout2017-10-11 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS OCTOBER 11, 2017- 7:00 P.M. COMMISSION CHAIR 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: D. Fikes, J. Twait, V. Askin, J. Halstead, G. Greenberg, K. Peterson, B. Springer Staff/Council Liaison present: City Planner M. Kelley, Planning Assistant W. Anderson, City Clerk J. Heinz, and Council Liaison J. Glendening A quorum was present. c. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda to include the item added to 8.b. as requested by administration and Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Askin MOVED to approve the consent agenda; Commissioner Peterson 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: a. *September 13, 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: None. 7. UNFINISHED BUSINESS: None. 8. NEW BUSINESS: a. PZ17-32 —Application for Transfer of Conditional Use Permit PZ97-24 (and as amended by PZ16-16) for a coffee house, commonly known as "Veronica's", from Mary S. Darling, Transferor, to Stephen M. Pyfer,Transferee, located at 602 Petersen Way, and further described as Lot 39A, Dolchok Subdivision. City Planner Kelley reviewed his staff report, which was provided in the packet, noting that the Conditional Use Permit had been transferred previously and that the applicant agreed to operate under the terms and conditions set forth in the original Conditional Use Permit. He 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 above described property, a new Conditional Use Permit must be obtained, pursuant to KMC 14.20.150(i)(5). MOTION: Commissioner Peterson MOVED to recommend approval of the Transfer of Conditional Use Permit PZ97-24 (and as amended by PZ16-16) for a coffee house, commonly known as "Veronica's", from Mary S. Darling, Transferor, to Stephen M. Pyfer, Transferee, located at 602 Petersen Way, and further described as Lot 39A, Dolchok Subdivision and Commissioner Halstead SECONDED the motion. It was clarified that it was understood that the business would remain the same as no application to make any changes had been submitted. VOTE: YEA: Fikes, Greenberg, Askin, Twait, Halstead, Peterson, Springer Planning and Zoning Commission Meeting October 11, 2017 Page 2 NAY: MOTION PASSED UNANIMOUSLY. b. PZ17-30 — Conduct Completeness Review of the application submitted by Dr. Vern Davidhizar for a Conditional Use Permit for Extraction of Natural Resources pursuant to Kenai Municipal Code 14.20.152 AND consider scheduling the application for a Public Hearing on October 25, 2017. Said application affects property located at 4905 Silver Salmon Dr., and further described as a portion of Government Lots 1 and 9, and a portion of the NE'/ of Section 7, Township 5 North, Range 10 West lying West of Spur Highway and East of the Kenai River (Kenai Borough Parcel No. 04937136). City Planner Kelley reviewed his memo, which was provided in the packet, noting the applicant requested a Conditional Use Permit for the extraction of natural resources on a parcel located on Silver Salmon Drive for extraction of 500,000 cubic yards of gravel over three years and the ultimate creation of two ponds. MOTION: Commissioner Fikes MOVED to deem the application submitted by Dr. Vern Davidhizar for a Conditional Use Permit for Extraction of Natural Resources pursuant to Kenai Municipal Code 14.20.152 Complete and schedule the matter for a Public Hearing on October 25, 2017. Commissioner Askin SECONDED the motion. Clarification was provided that the property owner was aware of setbacks and the site plan indicated the required setbacks. It was noted the proposed finished topographical contours were not provided, nor to scale. It was also noted that a soil survey had not been provided with the narrative. There was concern with the dump trucks turning onto the Kenai Spur Highway in a dangerous location in the winter; it was expressed that the Planning Commission may not have jurisdiction on the roads as they were built to standards. Clarification was provided that the Commission could condition the permit to comply with Department of Transportation regulations. Clarification was provided that the applicant needed to contact the Corps of Engineers regarding permitting requirements. Mr. Davidhizar explained that the plan was to use end dumps due to their turning radius; Corps of Engineers would require a form confirming that the material was deposited directly into the trucks and not stockpiled elsewhere on the property; the work was to be done in the winter due to the road conditions, and that the area would look better when the project was completed. Mrs. Davidhizar noted the neighbors were excited for the ponds and the road wasn't a problem for the large trucks as they discovered when they had their septic redone. MOTION TO AMEND: Commissioner Greenberg MOVED to amend by determining that the applicant needed to provide Planning and Zoning Commission Meeting October 11, 2017 Page 3 proposed finished topographical contours and soil surveys before the Commission could determine the application complete and direct staff to schedule the public hearing upon receipt of the items and Commissioner Askin SECONDED the motion. VOTE ON THE AMENDMENT: YEA: Fikes, Greenberg, Askin, Twait, Halstead, Peterson, Springer NAY: MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION: YEA: Fikes, Greenberg, Askin, Twait, Halstead, Peterson, Springer NAY: MOTION PASSED UNANIMOUSLY. 9. PENDING ITEMS: None. 10. REPORTS: a. City Council — Council Member Glendening reviewed the Action Agenda for the October 4 City Council meeting which was provided in the packet. b. Borough Planning — Kenai Peninsula Borough Planning Commissioner Fikes reviewed action from the October 9 Borough Planning Commission meeting noting a vacation of an easement and five plats were approved, a public hearing was held on a Limited Marijuana Cultivation Facility which was subsequently approved, a variance for a property line setback was approved, and one development in the anadromous waters habitat zone was approved and one denied. c. Administration — City Planner M. Kelley asked the Commission to consider whether meetings should be held on November 22 and December 27 or be cancelled. 11. PERSONS PRESENT NOT SCHEDULED: None. 12. INFORMATIONAL ITEMS: None. 13. NEXT MEETING ATTENDANCE NOTIFICATION: October 25, 2017 14. COMMISSION COMMENTS & QUESTIONS: Commissioner Halstead noted the Parks & Recreation Commission needed Commissioners and asked Planning & Zoning Commissioners to encourage their friends to volunteer. 15. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 8:27 p.m. Planning and Zoning Commission Meeting October 11, 2017 Page 4 Minutes prepared ansubmitted by: Planning and Zoning Commission Meeting October 11, 2017 Page 5