HomeMy WebLinkAbout2019-09-25 Planning & Zoning MinutesKENAI PLANNING & ZONING COMMI SSION
REGULAR MEETING
SEPTEMBER 25, 2019-7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
COMMISSION CHAIR JEFF TWAIT, PRESIDING
MINUTES
A. CALL TO ORDER
Commiss ion Chair Twait called the meeting to order at 7:00 p.m .
1. Pledge of Allegiance
Commission Chair Twait led those assembled in the Pledge of the Allegiance .
2 . Roll Call
Commissioners present: Vice-Chair D. Fikes, J. Halstead, V . Askin , G . Greenberg,
Cha ir J . Twait, R. Springer, T. Mcintyre
Commissioners absent: None
Staff/Council Liaison present: City Planner E. Appleby, Planning Assistant W. Anderson,
City Clerk J . Heinz, Council Liaison B. Molloy
A quorum was present.
3. Agenda Approval
MOTION:
Commissioner Halstead MOVED to approve the agenda and Commissioner Askin SECONDED
the motion.
There were no objections on the amendment; SO ORDERED.
4 . ConsentAgenda
MOTION:
Commissioner Ask in 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 .
5. *Ex cused absences -None.
B. APPROVAL OF MINUTES
1. *September 11 , 2019
The minutes were approved by the Consent Agenda.
C. SCHEDULED PUBLIC COMMENT -None .
D. UNSCHEDULED PUBLIC COMMENT -None.
E. CONSIDERATION OF PLATS -None.
F. PUBLIC HEARINGS
MOTION:
1. Resolution PZ2019-37 -Application for a Conditional Use Permit to operate
Gunsmithing Business, located at 310 Princess Street, Kenai, Alaska 99611, and
further described as Lot 2, Cinderella Subdivision . The application was submitted
by Ronald Carlson , 310 Princess Street, Kenai, Alaska 99611 .
Commissioner Askin MOVED to approve Resolution No. PZ2019-37 and Commissioner Springer
SECONDED the motion .
City Planner Appleby reviewed the staff report and rationale for how the application met the
approval criteria provided in the packet noting the Conditional Use Permit was for a gunsmithing
business in the RR-1 Zone and recommended approval with the following conditions :
• Applicant must comply with all federal, State of Alaska, and local regulations;
• Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai
Municipal Code 14.20 .1 55;
• The applicant will meet with City staff for on-site inspections when requested;
• If there is a change of use for the above described property, a new Conditional Use Permit
must be obtained , pursuant to 14.20.150(i)(5);
• Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination
or interruption of the use for a period of at least one year;
• Prior to operation , the applicant must submit a copy of the federal firearms license issued
by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives;
• Prior to operation , the applicant must schedule and appointment for an inspection by the
City of Kenai Fire Marshal and shall comply with instructions from the Fire Marshal to meet
municipal Fire Code . The applicant will provide documentation to the City of biannual fire
inspections (once every two years) after the initial inspection prior to operation ;
• Prior to operation, the applicant will install security cameras , improved door locks, and
update the security of his fencing as required by the Federal Bureau of Alcohol, Tobacco,
Firearms , and Explosives and the City of Kenai Fire Marshal. Casual access shall not be
available to the garage;
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September 25, 2019
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• If the applicant decides to put up a sign for his business, he will first obtain a sign permit
from the City of Kenai;
• Failure to provide documentation to the City of meeting these conditions prior to operation
of the gunsmithing business shall be grounds for the suspension or revocation of the
Conditional Use Permit.
Commission Chair Twait opened the floor for public testimony.
Ronald Carlson noted he had already begun work on the necessary improvements ; clarified that
test firing would take place at the gun club.
There being no one else wishing to be heard , public comment was closed.
Clarification was provided that after the federal permit was applied for, an agent would inspect
the property and make recommendations on what additional security measures needed to be in
place.
VOTE:
YEA: Greenberg, Fikes, Askin, Halstead , Twait, Mcintyre, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
Commission Chair Twait noted the 15-day appeal period.
MOTION:
2. Resolution PZ2019-33 -Recommending the Kenai City Council Amend Kenai
Municipal Code 14.20.175 -Adult Businesses, To Increase The Buffer Distances
Between Adult Businesses And Sensitive Uses From 500 Feet To 1,000 Feet and
Define Sensitive Uses and Amend Kenai Municipal Code 14.22 .010 -Land Use
Table, to Add Adult Businesses.
Commissioner Springer MOVED to approve Resolution No. PZ2019-33 and Commissioner Askin
SECONDED the motion.
City Planner Appleby reviewed the staff report provided in the packet noting the Council had
requested a recommendation from the Commission and that the ordinance provided a definition
for sensitive uses and added adult uses to the Land Use Table. She also referenced the
supplemental information provided at a previous meeting, which contained information regarding
negative secondary effects and noted goals in the Comprehensive Plan which would be met with
the adoption of the ordinance.
Commission Chair Twait opened the floor for public testimony; there being no one wishing to be
heard, public comment was closed.
Clarification was provided on the following :
• If a property owner met buffer requirements and existing code, an adult business would
be a principally permitted use;
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September 25, 2019
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• Once an adult business was established, they wouldn't have to close if an establishment
defined as a sensitive use wanted to locate within the buffer;
• Distance was measured in a straight line from the nearest point on the premises to the
nearest property line;
• The buffer tool in the City's GIS Software would be utilized to measure distances;
• The measurement described in the code was the most clear way to measure and was
comparable to marijuana buffer measurement points;
• A one time or occasional show could not be regulated the same as a full-time
establishment because the secondary effects are not the same; and
• Secondary effects related to each particular type of adult business needed review because
a firm line did not e xist on what constituted an occasional show versus a full-time
establ is hment.
The point was made that the map would need to be checked any time a new adult business was
seeking to establish.
It was restated that the adult businesses would be principally permitted in only four specific zones.
VOTE:
YEA: Greenberg , Fikes, Askin, Halstead , Twait, Springer, Mcintyre
NAY:
MOTION PASSED UNANIMOUSLY.
G. UNFINISHED BUSINESS -None .
H. NEW BUSINESS
1. Resolution PZ 2019-39 -Application for a Home Occupation Permit for a Home
Day Care of No More Than Eight (8) Children Under the Age of Twelve (12) years,
located at 604 Laurel Drive , Kenai, Alaska 99611 , and further described as Lot 1,
Block J, Woodland Subdivision Part One (1 ). The application was submitted by
Mindy Dalebout, 604 Laurel Drive, Kenai, AK 99611.
MOTION:
Commissioner Springer MOVED to approve Resolution No. PZ2019-39 and Commissioner Askin
SECONDED the motion.
City Planner Appleby reviewed the staff report provided in the packet noting the Home Occupation
Permit required improvements to the home and was intended for a daycare within a residence of
no more than eight (8) chi ldren under the age of twelve (12), including children related to the
caregiver and recommended approval with the following condition:
• Applicant must comply with all federal, State of Alaska, and local regulations;
• The City of Kenai Fire Marshal must perform an inspection to verify that the applicant has
complied with his requirements set forth on the inspection dated August 22, 2019 ;
including, but not lim ited to , the installation of egress windows. The applicant may not
operate her business until this has been done .
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• The applicant will discuss plans for the egress windows with the City Building Official and,
if necessary, will obtain a Building Permit from the City to install the egress windows .
• Pursuant to KMC 14.20.230(h)(1 ), the premises shall be inspected every other year by the
Fire Marshal for the City of Kenai;
• A copy of the license issued by the State of Alaska for the day care facili ti es must be
submitted to the City of Kenai prior to operating the day care;
• Pursuant to KMC 14.20.230(f), this Home Occupation Permit is not transferable to another
person or location ;
• If the applicant decides to put up a sign for her business , she will first obtain a sign permit
from the City of Kenai;
• Failure to provide documentation to the City of meeting these conditions prior to operation
of the gunsmithing business shall be grounds for the suspension or revocation of the
Conditional Use Permit.
Clarification was provided that the Fire Marshal provided the inspection on the residence.
It was suggested that, being a daycare , fire code requirements may need to be followed instead
of City building codes.
VOTE:
YEA: Greenberg, Fikes, Askin, Halstead, Twait, Springer, Mcintyre
NAY:
MOTION PASSED UNANIMOUSLY.
I. PENDING ITEMS -None .
J. REPORTS
1. City Council -Council Member Molloy reviewed the action agenda from the September
18 meeting.
2. Borough Planning -Vice-Chair Fikes reported action from the September 23 Borough
Planning Commission and Platting Committee meetings .
3. Administration -City Planner Appleby reported on the following :
• Asked if there was objection to rescheduling the October 23 meeting to October 30;
there was no objection ;
• Noted the consultant for the Hazard Mitigation Pla n would be present at the
reschedu led October 30 meeting;
• The adult business ordinance wo uld be before the Council at their next meeting ;
• Alaska LNG Draft Environmental Impact Statement comments were being accepted
until October 3;
• The land sale and leasing policy ordinance would be before Council at their next
meeting ; and
• Work on the Land Management Plan was ongoing .
K. ADDITIONAL PUBLIC COMMENT -None .
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September 25 , 2019
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L. INFORMATIONAL ITEMS-None .
M. NEXT MEETING ATTENDANCE NOTIFICATION -October 9, 2019
N. COMMISSION COMMENTS & QUESTIONS
Commissioner Greenberg noted that the regulation had changed for gunsmithing in the RR-
1 zone and asked about the professional offices; it was confirmed both uses were approved
by the ordinance .
Commissioner Springer noted he appreciated an inspection was completed in the daycare
Home Occupation Permit.
0. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:03 p.m.
Minutes prepared and submitted by:
Planning and Zoning Commission Meeting
September 25, 2 019
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