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Home My WebLink About2018-05-09 Planning & Zoning MinutesKENAI PLANNING & ZONING COMMISSION REGULAR MEETING 1. CALL TO ORDER MAY 9, 2018-7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE , KENAI, ALASKA CHAIR JEFF TWAIT, PRESIDING 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, G . Greenberg, K. Peterson , V . Askin, D. Fikes Commissioners absent: J . Halstead Staff/Council Liaison present: City Manager P . Ostrander, City Planner E. Appleby, Deputy City Clerk J . Kennedy, Planning Assistant W . Anderson, Council Liaison Knackstedt A quorum was present. c. Agenda Approval MOTION: Commissioner Peterson MOVED to approve the agenda and Commissioner Askin SECONDED the motion . There were no objections; SO ORDERED. d. Consent Agenda MOTION: Commissioner Askin MOVED to approve the consent agenda and 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 wil l 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: April 25 , 2018 The minutes were approved by the Consent Agenda . 3 . SCHEDULED PUBLIC COMMENT: (10 minutes) None scheduled. 4. UNSCHEDULED PUBLIC COMMENT: (3 minutes) Council Member Jim Glendening noted he was on the Borough Advisory Committee and he provided an update on the north road Natural Gas Project. He described the need for a water supply out at the plant, mostly for fire protection and that there was a proposal that possibly the City of Kenai could provide assistance . Glendening noted there was a discussion on having payment in lieu of taxes because the Borough cannot tax the State of Alaska , an important consideration that he would continue to follow and update the Commission . He further provided information on the Alaska Gasline Development Corporation reroute criteria, noting there were two proposals for review to route the highway around the Alaska LNG Plant. The next meeting was scheduled for June and Glendening offered to provide an update following that meeting. 5 . CONSIDERATION OF PLATS: a. Resolution PZ2018-11 -Original Preliminary Plat of Windhaven Estates Phase 3, submitted by Integrity Surveys, 820 Set Net Dr., Kenai, AK 99611, on behalf of Hall Building LLC, P.O. Box 2829 , Kenai, Alaska 99611 City Planner Appleby reviewed the staff report, as provided in the packet, noting the 2018 Windhaven Estates Phase 3 proposed preliminary plat currently up for review would create 3 lots from the property described as Tract 1-A, Parsons Homestead No . 3. Planning and Zoning Staff recommended approval of the preliminary plat of Wind haven Estates, Phase 3, subject to the following conditions , outlined in the staff report: • Further development of the property shall conform to all Federal, State and local regulations; • The existing twenty-foot (20') utility easement shall be delineated on Lot One ( 1 ), Block Three (3), of the proposed plat. 3; and • Prior to the development of additional lots on Tract A, the developer will be required to complete an Installation Agreement with the City for road construction and water and sewer line installation. MOTION: Commissioner Askin MOVED to approve Resolution No. PZ2018-11 with staff recommendations and Commissioner Peterson SECONDED the motion . Chairman Twait opened the floor for public testimony; there being no one wishing to be heard, public comment was closed . City Planner Appleby provided clarification regarding the utility easement. VOTE: YEA: Springer, Peterson , Fikes , Askin, Greenberg , Twait NAY: Plan ning and Zoning Commission Meeting May 9, 2018 Page 2 of 5 MOTION PASSED. 6. PUBLIC HEARINGS: a. Resolution PZ2018-13 -A Resolution of the Planning and Zoning Commission recommending the Council of the City of Kenai, Alaska amend Kenai Municipal Code Sections 14.20.330 -Standards for Commercial Marijuana Establishments and 14.20.010 -Land Use Table to prohibit Standard Marijuana Cultivation Facilities in Residential Zones City Planner Appleby provided an overview of Resolution PZ2018-13 and noted that the development of it was based on the March 28 Planning and Zoning Commission work session . She added that it was a recommendation to City Council by the Commission that the Kena i Zoning Code and Land Use table be amended to prohibit standard marijuana cultivation facilities in res idential zones as detailed in the packet. MOTION : Commissioner Springer MOVED to approve Resolution No. PZ2018-13 and submit to Council , and Commissioner Askin SECONDED the motion. Chairman Twait opened the floor for public testimony; there being no one wishing to be heard , public comment was closed . VOTE: YEA: Peterson, Fikes, Askin , Greenberg , Twait, Springer NAY: MOTION PASSED. 7. UNFINISHED BUSINESS: None . 8. NEW BUSINESS: a. Discussion and Recommendation -Airport Reserve Land Lease Appl ication for property located at 413 N . Willow Street and 421 N. Willow Street, Kenai , Alaska 99611; further described as Lots 5 and 6, Block 1, FBO Subdivision , submitted by Hilcorp Alaska , LLC , 3800 Centerpoint Drive , Suite 1400, Anchorage, Alaska 99503 City Planner Appleby explained that this is the first lease appl ication under the new lease procedure process and the application was consistent with the Airport Land Use plan , associated Kenai Municipal Codes , FAA Regulat ions, Grant Assurances, and Airport Operations . Appleby clarified that the recommendation from the Commission would be for City staff to go forth and execute the lease . It was expected Hilcorp would then start the process and vacate the property to construct the new plot. The lease wou ld be 35 years and would commence in fall 2018. She added that t he Airport Comm iss ion would be review ing this lease appl ication tomorrow at their meeting . Pla n ning a nd Zoning Commissi on Meeti ng May 9, 2018 Page 3 of 5 MOTION : Commissioner Springer MOVED to approve the Airport Reserve Land Lease Application with staff recommendations and Commissioner Askin SECONDED the motion. Chairman Twait opened the floor for public testimony; there being no one wishing to be heard, public comment was closed . VOTE: YEA: Fikes, Askin, Greenberg , Twait, Springer, Peterson NAY: MOTION PASSED. b. Resolution PZ2018-10 -Application for Transfer of Conditional Use Permit PZ97-38 (PZ88-16), (amended by PZ16-44) from Beaver Loop Pit, LLC, Transferor, to Peninsula Community Ventures LLC, Transferee , located at 805 Gravel Street and 751 Gravel Street, Kenai, Alaska, 99611 ; further described as Tract A-1A Hollier Subdivision No. 4 and Tract B, Hollier Subdivision No. 2 City Planner Appleby reviewed the staff report, as provided in the packet, noting this permit was originally issued in 1988 and Peninsula Community Ventures LLC agreed to operate under the terms and conditions of the original Conditional Use Permit PZ88-16 (PZ97-38, PZ16-44) granted by the Planning and Zoning Commission . As defined in the staff report, approval was recommended of the Transfer of Conditional Use Permit PZ88-16, as amended by PZ97-38 and PZ16-44, subject to the original conditions as set forth on the original permit and additional conditions , as follows: • 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 annua l report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.150(f); 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). MOTION: Commissioner Peterson MOVED to approve Resolution No . PZ2018-10 with staff recommendations and Commissioner Springer SECONDED the motion . Chairman Twait opened the floor for public testimony; there being no one wishing to be heard , public comment was closed . VOTE: YEA: Askin, Greenberg, Twait, Springer, Peterson, Fikes NAY: MOTION PASSED. Planning and Zoning Commission Meeting May 9 , 2018 Page 4 of 5 9. PENDING ITEMS: None. 10. REPORTS: a. City Counc il -Council Member Knackstedt reviewed the action agenda from the May 2 City Council Meeting; noted the FY2019 Budget meeting would be on Saturday, May 19, which was open to the public; added that next week there would be the annual review of the City Manager, Attorney and Clerk; and noted that the Finance Summit brought the Kenai Peninsula cities together to thoroughly discuss the Borough deficit and a way forward. b. Borough Planning -Commissioner Fikes noted that the next Borough Planning Committee meeting was scheduled for May 14. c. Administration -City Planner Appleby reported o n the following : • On May 19 City Staff would be presenting the FY2019 budget before City Council ; • The Bluff Erosion project was still in progress but no timeline had been set yet; and • At the June 13 meeting, the Planning and Zoning Commission would review Dr. Davidheizer's application to determine completeness only. If the application was deemed complete , then it would be on the June 27 meeting agenda for public comment. 11. ADDITIONAL PUBLIC COMMENT -None. 12. INFORMATIONAL ITEMS-None . 13. NEXT MEETING ATTENDANCE NOTIFICATION: May 23 , 2018 Chairman Twait will be out of state and not in attendance to the next meeting. 14. COMMISSION COMMENTS & QUESTIONS Commissioner Springer asked if commission was interested in making any additional changes in the land use tables regarding marijuana and cultivation ; other commissioners expressed interest in a work session. Commissioner Peterson thanked City Planner Appleby for her reports. 15. ADJOURNMENT There being no further business before the Commission , the meeting was adjourned at 7:36 p.m. Plann i ng and Zoning Commiss ion Meeting May 9, 2018 Page 5 of 5