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HomeMy WebLinkAbout2019-02-27 Planning & Zoning Minutes1. CALL TO ORDER KENAI PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 27, 2019-7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, ALASKA CHAIR JEFF TWAIT, PRESIDING MINUTES Commission Chair Twa it called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Commission Cha ir Twait led those assembled in the Pledge of the Allegiance. b. Roll Call Commissioners present: Chair J. Twait, Vice-Chair D. Fikes , R. Springer, G. Greenberg, T . Mcintyre, J. Halstead, V. Askin Commissioners absent: Staff/Council Liaison present: City Planner E. Appleby, Deputy City Clerk J. LaPlante, City Attorney S . Bloom, City Clerk J. Heinz, Planning Dept. Assistant W . Anderson , Council Liaison B . Molloy A quorum was present. c . Agenda Approval Chair Twait noted the following revisions to the packet: Add to item 6.a. Resolution No. PZ2019-04 • Correction of Map Add to item 6 .b. Resolution No. PZ2019-01 • Staff Memorandum • Six Emails in Support of Resolution • Kenai Police Dispatch Call Records MOTION: Commissioner Halstead MOVED to approve the agenda with the rev1s 1on s noted and Comm issioner Askin SECONDED the motion. There were no objections ; SO ORDERED. d. ConsentAgenda MOTION: Commissioner Springer MOVED to approve the consent agenda and Commissioner Halstead 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 9, 2019 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 a. Resolution PZ2019-04-Application for an Encroachment Permit for an Existing Single- Family Residence Side Yard Setback for the property located at 2730 VIP Drive, Kenai , Alaska, 99611, and further described as Lot 12, Block 3, VIP Ranch Estates Subdivision Part One. The application was submitted by Tom Campanella, 2730 VIP Drive, Kenai, Alaska 99611 The City Planner reviewed the staff report as provided in the meeting packet and specifically noted the as-built survey disclosed the attached garage on the single-family residence encroached into the side yard setback. She added that in 2009 a building permit was issued to enclose the carport and there was an error in measurements or development of the site plan . The City Planner noted that there was a clerical error in the notices for this action, and to allow proper notice with correct information, it was recommended this item be postponed to the next meeting for the purpose of holding another public hearing . The City Planner summarized that the applicant met the criteria for issuance of an Encroachment Permit set forth in the Kenai Municipal code, subject to the following conditions: • Applicant must comp ly with all federal, State of Alaska, and local regulations; and • Pursuant to KMC 14.20.185(g), this permit shall expire automatically upon termination or interruption of the use; damage to the building, structure , or object which makes it uneconomic to repair the building, structure, or object; or, the expiration of the useful life of the building, structure, or object, whichever comes first. Planning and Zoning Commission Meeting February 27, 2019 Page 2 of 8 MOTION : Chair Twait MOVED to postpone Resolution No . PZ2019-04 to the next Commission Meeting on March 13 to allow proper notice with corrections , and Commissioner Halstead SECONDED the motion . There being no objection·; SO ORDERED. b. Resolution PZ2019-01 -Application for a Conditional Use Permit to operate a Boarding House located at 160 Phillips Drive, Kenai, Alaska 99611 , and further described as Lot 9, Block 8, Valhalla Heights Subdivision Part 3. The application was submitted by Perry and Sheryl Neel, P.O. Box 1075, Kasilof, Alaska 99610 The City Planner reported that staff found the applicant meets the criteria for issuance of a conditional use permit and recommended approval of the application for the use of a boarding house , subject to the following conditions: • Applicant must comply with all federal , State of Alaska, and local regulations ; • Applicant will file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.150(f) prior to the 31 51 day of December of each year; • Applicant will include a copy of the house rules as part of their annual Conditional Use Permit report to the City; • Applicant will report the number of residents living on the property and the typical number of vehicle kept on the property as part of their annual Conditional Use Permit report to the City; • No more than five people may live in the boarding house at any given time (the number of people includes both the caretaker and paying residents); and • The residence, driveway, and yard must be kept neat in appearance . MOTION: Commissioner Springer MOVED to approve Resolution No . PZ2019-04 and Commissi oner Aski n SECONDED the motion . Chair Twait opened the floor for public testimony. Perry Neel , owner, explained that he was a part of the Wildwood prison ministry team and a mentor in the re-entry program to transition inmates back into society. He noted that there was an ongoing need for transition programs for people being released from prison. Mr. Neel added he and his wife purchased the home in 2011 with the intent to offer it as a means for transition , with rules in place. The home had been used for this type of assistance since 2012 as he was unaware he needed a conditional use permit. He clarified that there were five bedrooms , six be ds, and Mika Reems was the current house manager, offering supervision on behalf of the owners, enforcing house ru les , and the residents were to remain in compliance with their co nditions for release. He further noted they have a weekly bible study, a potluck the evening of fellowship , and are requi re d to show positive efforts of moving forward. Virginia Turner expressed opposition to the application noting she was a forme r correctional officer, and did not feel comfortable living there . She added that she wanted the owner or manager onsite 100 percent of the time. Charles Ray Reeves , expressed gratitude to owners' efforts to help but opposed the location of Pl anni ng and Zon ing Commission Meeting February 27, 2019 Page 3 of 8 the current halfway/boarding house . He further noted he backed out of the purchase of the property based on the interactions he has had with those that live in the halfway/boarding house . Craig Thomsen expressed gratitude toward the owners ' efforts, but opposed the house in this neighborhood . Mr. Thomsen read from the Kenai Mun icipal Code about intent of a Rural Residential zone. He noted that this type of home use was in violation of residential code , depreciated the value of his home, and affected his health and safety. He recommended that the City Planner speak to patrol officers regarding the call volume and response times to that house. Jeff Landrum spoke in support of the Conditional Use Permit noting he was a former inmate. He expressed appreciation to the owners and their help in his transition . He noted he was in the house for 7 months ; the home was clean, safe and a proactive environment; it was a well- organized and faith-based home ; and the manager was there cont inually, very interactive with the residents. Mr. Landrum stated he was now a foreman electrician , and Mr. Neel's house was an inst rumental part of his recovery. Mika Reems spoke in support of the application and reported that he moved in, in July 2017 . He explained that he worked a part-time job, made regular contact with each resident of the house each day, there were strict rules in place that had to be followed , and parole officers stopped by for random check-ins. Mr. Reems added that he saw a positive transition of people at the house leaving as a productive citizen on their own. Cathy Campbell expressed concern with this type of housing and questioned if staff had substance abuse training or similar to meet the potential need in an emergency. She further expressed concern with living in a neighborhood with this type of housing . Jake Gibbs spoke in support of the permit stating he managed the house, full-time , from approximately May 2013 to February 2018 . He added that it was a safe place for men in need that offered hope , compassion , positive encouragement and a second chance. Cheryl Russell spoke in opposition of the application, noting there was increased drug use in that neighborhood , and she had concern for the incoming families with young children moving to that area . Tim Barber spoke in support of the permit and expressed appreciation of the efforts by Mr. Neel and his wife. Mr. Barber e xplained he was not in prison but moved to Kenai from Virginia with nowhere to live and Mr . Neel offered him this home and gave him a chance to go in the right direction, and obtain a good job. Mr. Barber noted the owners care about the residents and he was thankful for what they do . He added that he had seen a few residents return to W ildwood, but this was an opportunity for a second chance to those that wanted positive change . Loretta Pierce spoke in opposition of a boarding house and noted that she did not know it was already acting as one. Ms. Pierce expressed concern with conditional use permit applicants only receiving minima l reprimand for not having one in place . She stated she wanted the missed conditional use permits to be looked into and receive penalty. Ms . Pierce added that the neighborhood had much more foot traffic. Ed Marsh spoke in support of the owners ' efforts and supported the boa rding house . He explained that he had been carrying the Alcoholics Anonymous message at the prison for several years and was a part of the Kairos Prison Ministry. He stated that the path of least resistance is drugs and Planning an d Zo ning Commi ssi on Meet ing February 27, 2019 Page 4 of 8 alcohol. Mr. Marsh noted the need for a place to transition from prison and a positive environment for change. Michael Lavelly spoke in support of the permit. He expressed understanding to the public concerns about not wanting places like a boarding house, or a daycare, or similar businesses in in their neighborhoods even though it is agreed there is need . He clarified that, though he was a member of Kairos Prison Ministry, he had been to jail and homeless in his life and without compassionate people like Mr. Neel and his wife, these men would have little chance for change. Alison Bushnell, Housing Specialist at Love Inc., spoke in support of the application and stated that one of biggest struggles they face is housing . She noted that this house has helped with struggles of homelessness or men transitioning from prison needing placement. Ms. Bushnell stated Mr. Neel, his wife and this house was an asset to community. She clarified it was not built to be a typical emergency shelter; it offered a home and accountability with the lease contract. Jennifer Thomsen thanked the owners for their efforts but expressed concern about the lack of municipal code controlling this specific type of house and the limitations in the future and potential increase of these types of houses, interrupting rural harmony. Grant Shuman spoke in support of the application and stated he lived in the house. He expressed gratitude for the life change that could not have been possible without the love, support, and home by the owners. He noted he was introduced by Love, Inc. and clarified there was no specific process to be eligible to live in the house . Dennis Murray expressed support for the application and noted it was not for profit work, it was mission work. He noted that it sounded like there were more problems and increased concern in the neighborhood due to the undeveloped lots . He added that he hopes to see the community/neighborhood work together to help these people. Mr. Murray pointed out that there was a Freedom House for women in Soldotna and another home similar for men being opened in Soldotna. He suggested that this was not a halfway house. Clyde Crandall spoke in support of the permit and stated he was a Kairos Prison Ministry member and a part of the ministry for five years. He stated he has had many dealings with the house transition program and helped establish rules at the home. Mr. Crandall noted the owners were helping fulfill a need in the community; not for profit. He added that he deals with the residents regularly to make a positive difference in their lives and the community. He added that he supported building more if it was an option. There being no one else wishing to be heard, public comment was closed. Perry Neel clarified that the back-up plan, in the absence of a house manager, was the longest resident/senior in the house. Mr. Neel noted that there was approximately six months without a house manager, and he was there more often and the senior resident helped. Clarification was provided regarding the vetting process, which included contact by Love, Inc., probation officers, or homeless people recommended by Love, Inc. Mr. Neel noted they now ask about mental stability, and if a sex offender to ensure they are registered but does not discriminate. He further clarified that there was no curriculum, other than bible study and it was not a halfway house. He added that he would be open to do background check on a homeless person that has no history from Wildwood or parole officer. Planning and Zoning Commission Meeting February 27, 2019 Page 5 of 8 MOTION TO AMEND: Commissioner Springer MOVED to amend Condition No . 5 to say, "No more than six people, to include on-site manager ... "; Commissioner Halstead SECONDED the motion. It was noted that parking spaces should meet Kenai Municipal Code requirements with the number of people in the home . VOTE ON THE AMENDMENT: YEA: Twait , Askin, Halstead, Greenberg, Fikes, Springer NAY: Mcintyre MOTION PASSED. MOTION TO AMEND: Commissioner Springer MOVED to amend the conditions to include an annual building inspection by the City to confirm it is a safe living environment and Commissioner Askin SECONDED the motion . VOTE ON THE AMENDMENT: YEA: Askin, Mcintyre, Greenberg , Fikes, Springer, Twait NAY: Halstead MOTION PASSED. MOTION TO AMEND: Commissioner Mcintyre MOVED to add a Condition 8. Parking spaces be provided in accordance with Kenai Municipal Code regulated parking for a boarding house , and Commissioner Fikes SECONDED the motion. There was discussion regarding the ability to defer from municipal code requirements. Commissioner Fikes noted she found that the conditions were met, she agrees with an annual inspection and would be voting in favor. The City Planner reiterated that the house rules were provided in the application and a required condition of approval. It was clarified that State statute requires that the location of sex offenders be made known and that there was a State website, tracking the locations of sex offenders. Chair Twait noted the fact that the house had been operating for 6 years and, if approved, would have more requirements in place ; he would be voting in favor. Commissioner Greenberg agreed that it could be uncomfortable for neighbors but the business practices were focused on and it aligned with the requirements of a conditional use permit; he Plan ning and Zoning Commission Meeting Febru ary 27 , 2019 Page 6 of 8 would be voting in favor. VOTE ON THE AMENDMENT: YEA: Askin, Mcintyre, Greenberg, Fikes, Springer, Twait, Halstead NAY: MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED : YEA: Askin, Springer, Halstead, Mcintyre, Fikes, Twait, Greenberg NAY: MOTION PASSED UNANIMOUSLY. Chair Twait noted there was a 15-day appeal period . 7. UNFINISHED BUSINESS -None. 8. NEW BUSINESS -None . 9. PENDING ITEMS -None . 10 . REPORTS a. City Council -Council Member Molloy reviewed the action agenda from the January 16 and February 6 City Council Meetings and two work sessions. He specifically noted Council and Administration met with Capital Management Partners to discuss the Permanent Fund. He clarified the Bowling Alley and its balloon payment has been ongoing discussion. U-Haul purchased the old Lowes building but plans and revenues to the City of Kenai are unknown . b. Borough Planning -Vice-Chair Fikes reported the Commission met on February 25 and approved an Ordinance for a Memorandum of Understanding (MOU) between the State of Alaska , Department of Transportation and Kenai Peninsula Borough regarding the Kenai escape route; there was a public hearing that approved a land use permit for gravel extraction , noting it was a second time around, as there was concern regarding the requirements for berms around the property. c. Administration -City Planner Appleby reported on the following : • She provided the January 2019 Report in the packet; and • Tomorrow is release date for draft EIS to be released for the Alaska LNG Project. 11 . ADDITIONAL PUBLIC COMMENT Virginia Turner suggested working together to develop a section in Code for the future that clarifies the difference between private property and a true boarding house. Plann i ng and Zoni ng Commission Meeting February 27, 2019 Page 7 of 8 Charles Reeves inquired about the Bowling Alley and purpose for the old Lowes Building. He thanked the Commission for the discussion . 12. INFORMATIONAL ITEMS a. January 2019 Planning and Zoning Department Report City of Kenai Bicycle Friendly Community Report Card 13. NEXT MEETING ATTENDANCE NOTIFICATION -March 13, 2019 City Planner noted she planned on work sessions prior to regular meetings until the summer. 14. COMMISSION COMMENTS & QUESTIONS Commissioners thanked the public for their attendance and testimony. 15. ADJOURNMENT There being no further business before the Commission , the meeting was adjourned at 10:07 p .m. Minutes prepared and submitted by: Planning and Zoning Commission Meeting February 27 , 2019 Page 8 of 8