HomeMy WebLinkAbout2018-04-11 Planning & Zoning MinutesKENAI PLANNING & ZONING COMMISSION
REGULAR MEETING
1. CALL TO ORDER
APRIL 11, 2018 • 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
http://www.kenai .c ity
MINUTES
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 the Allegiance.
b. Roll Call
Commissioners present: Chair J . Twait, Vice-Chair R. Springer, J . Halstead, K.
Peterson, V. Askin, D . Fikes, G. Greenberg
Commissioners absent: None.
Staff/Council Liaison present: City Manager P . Ostrander, City Planner E. Appleby, Deputy
City Clerk J . Kennedy, Planning Assistant W. Anderson,
Council Liaison H. Knackstedt
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Askin MOVED to approve the agenda and Commissioner Halstead SECONDED
the motion. There were no objections; SO ORDERED .
d. ConsentAgenda
MOTION:
Commissioner Halstead MOVED to approve the consent agenda and 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
Comm ission 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: March 28, 2018
The minutes were approved by the Consent Agenda.
3. SCHEDULED PUBLIC COMMENT: (10 minutes) None scheduled.
4. UNSCHEDULED PUBLIC COMMENT: (3 minutes) None.
5. CONSIDERATION OF PLATS: None.
6. PUBLIC HEARINGS: None.
7 . UN FINISHED BUSINESS: None.
8 . NEW BUSINESS:
a. Recommending approval of Lease Amendment extending the timeframe for Legacy
Electric LLC, Lessee, to complete improvements as set forth in the Original Lease of
Airport Reserve Lands for property located at 115 FBO Road, Kenai, Alaska, 99611;
further described as Lot 2, Block 1, General Aviation Apron
City Manager Ostrander reviewed the staff report, as provided in the packet, noting that the
applicant entered into a Lease of Airport Reserve Lands on January 12, 2015. Ostrander added
that the Lessee completed construction on the first t-hanger; however, construction had not begun
on the second t-hanger; evidence of completion was due to the City of Kenai by September 2016.
Based on the application, it was the recommendation of staff that the requested Lease
Amendment be approved , subject to the following requirements:
• Development and construction of Permanent Improvements including removal of
waste material previously buried on the site and construct two (2) 6-plex unit t-hanger
heated complex, by no later than December 1, 2018, with an appraised value of at
least $500,000.00. In addition to the as-built drawings required by this lease, the
Lessee must submit to the City written evidence that the Lessee has completed the
land development and constructed improvements on the Premises with an aggregate
cost or investment of not less than $500 ,000.00.
• The evi dence must be submitted to the City within s ixty (60) days of the completion of
the development and improvements .
MOTION:
Commissioner Peterson MOVED to approve the Lease Amendment with staff recommendations
and Commissioner Halstead SECONDED the motion.
Chairman Twait opened the floor for public testimony; there being no one wishing to be heard ,
public comment was closed .
Commissioner Peterson questioned the delay. City Manager Ostrander clarified that the materia l
for the second hangar was ordered and on-site , the owner intended to sell the property, but was
unable to do so and unaware of the lease deadline.
Pla nni ng and Zoning Commission Meeting
April 11, 2018
Page 2 of 5
VOTE:
YEA: Twait, Springer, Halstead, Peterson, Askin, Fikes, Greenberg
NAY:
MOTION PASSED.
b . Resolution PZ2018-09 · Application for Transfer of Conditional Use Permit PZ03-32
(amended by PZ05-35 and PZ16-39) from Mary J. Doyle, Transferor, to Beaver Loop
Sand & Gravel LLC, Transferee, located at 2369 Beaver Loop Road , Kenai, Alaska,
99611; further described as Tract A 1, Beaver Loop Acres Addition No. 1
City Manager Ostrander reviewed the staff report, which was provided in the packet, noting that
this gravel pit had been operated by the Doyle family since 1985 and would continue to be a family
run business. The gravel pit was purchased by Beaver Loop Sand & Gravel, LLC; and the
managing members are family members . Ostrander added that David Yragui, Managing Member
of Beaver Loop Sand & Gravel LLC, Transferee, had indicated that he agreed to operate under
the terms and conditions of the original Conditional Use Permit PZ03-32 and the amendments
thereto.
Staff hereby recommended approval of the Transfer of Conditional Use Permit PZ03-32, as
amended by PZ05-35 and PZ16-39, subject to the existing 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 any 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 any 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 10
feet from the rear property line behind Area 2. The final working face shall be back sloped
to minimum angle of 2:1;
• The excavation may not penetrate the subsurface clay/silt layer located approximately 30
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 Statues;
• Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Municipal Code 14.20.155;
• 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; and ,
• 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).
Planning and Zoning Commission Meeting
April 11 , 2018
Page 3 of 5
MOTION :
Commissioner Askin MOVED to approve Resolution PZ2018-09 with staff recommendations and
Commissioner Halstead SECONDED the motion .
Chairman Twait opened the floor for public testimony; there being no one wish ing to be heard,
pub lic comment was closed .
VOTE:
YEA: Twait, Springer, Halstead, Peterson , Askin , Fikes, Greenberg
NAY:
MOTION PASSED.
9. PEND ING ITEMS : None.
10 . REPORTS:
a. City Council -Council Member Knackstedt reviewed the action agenda from the April 4
City Council Meeting ; noted that a representative with the Fine Arts Center provided a
presentation and a schedule of updates they were doing ; Steve Rouse, Executive Director
of the Kenai Peninsula Housing Initiatives presented on the new low-income housing
available in the Kenai community and the upcoming developments for low-income seniors.
Council Member Knackstedt clarified the change in the Board of Adjustment hearings process and
specified the criteria in determining an aggrieved person.
b . Borough Planning -Commissioner Fikes noted that the Borough Planning Committee
met on April 9 and conditionally approved 5 prelim inary plats ; unanimous approval of a
cultivation facility; and approval of a conditional use permit to replace existing twin culverts.
c. Adm i nis t ration -City Manager Ostrander reported on the following :
• At the end of last month , Administration met in Anchorage with FAA regarding the
Kenai Terminal Rehab Project. After phase 1 it was determined that cost would be
significantly more than budgeted for, however, t he City of Kenai may be eligible for
FAA discretionary funding to assist in the project;
• There was a delay in the Bluff Erosion project, funding was not approved as expected
and the 3-year deadline was coming up ; State delegation will be in contact with the
Corps of Engineers regard ing needed funding ;
• Administration was doing budget preparations with a new narrative process to in c lu d e
more details by each department to show how it connects with the City of Kenai
mission statement;
• Request for Proposals is posted for a dock concessionaire;
• Harbor Commission to recommend to City Council several s igns at the mouth of the
Kenai river to create a No Wa ke zone ; and
• Introduced and welcomed the new City Planner, Elizabeth Appleby as she started on
April 9.
The scope of the Airport project was discussed.
Plan ning an d Zonin g Co mmis si on M eeti ng
April 11 , 20 18
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11 . ADDITIONAL PUBLIC COMMENT -None.
12. INFORMATIONAL ITEMS
City Manager Ostrander reminded the commission of the Volunteer Appreciation Dinner on April
19 at the Senior Center.
13. NEXT MEETING ATTENDANCE NOTIFICATION: April 25, 2018
14. COMMISSION COMMENTS & QUESTIONS
Commissioner Askin thanked City Manager Ostrander for stepping in and looked forward to
working with the new City Planner.
Commissioner Halstead asked about follow-up of the recent work session. City Manager
Ostrander clarified that legislation had been drafted and should be in the next council packet for
the April 18 meeting .
On behalf of several concerned citizens in the community, Commissioner Greenberg inquired
about the progress and status of Beaver Loop trail; suggested inviting State officials to an
upcoming Commission or Council meeting to present an update. City Manager Ostrander noted
that he had spoken with DOT and they were not planning on additional publ ic meetings . Ostrander
relayed the explanations behind the clearings on Beaver Loop and agreed to contact DOT
regarding a possible public meeting or invite them to present to the Commission .
15. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:33 p.m.
Minutes prepared and submitted by:
Planning and Zoning Commission Meeting
April 11 , 2018
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