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HomeMy WebLinkAbout2008-05-14 Planning & Zoning MinutesCITY OF KENAI I PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 14, 2008 - 7:00 p.m. 1. CALL TO ORDER; a. Ro11 Ca11 b. Agenda Approval c. Consent Agenda d. *Excused Absences *ATl 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. 2. *APPROVAL OF MINUTES: a. *Apri1 23, 2008 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZO8-23 -Highland Subdivision -- Highland Pride Park - A replat of Lots 10-18, ;~~ Block 1 and Lots 11-15, Block 3 Highlands Subdivision. Plat subrn,itted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. b. PZOS-24 - Fidaigo Commercial -- Municipal Centre Replat - A replat of Lots 3- 13, Block 1, Fidalgo Commercial Center. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. c. PZ08-25 -Redoubt Terrace _ Everson Replat - A replat of Lots 18 and 19, Block Five, Redoubt Terrace Subdivision No. 4. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. d. PZ08-27 - FBO Subdivision -Fed Ex Addition - A replat of Lots 7 & 8, Block 1, FBO Subdivision. Plat submitted by Terry Eastharn, RLS, P.O. Box 2891, Soldotna, Alaska. S. PUBLIC HEARINGS: a. PZ08-2b - An application for a Variance from height restrictions fora 120-foot cell tower for the property known as Lot 1-A, Grace Brethren Replat #2 (405 McCollum Drive), Kenai, Alaska. Application submitted by Alaska Digitel, 3127 Commercial Drive, Anchorage, Alaska. 6. OLD BUSINESS: Agenda May 14, 2008 Page 2 7. NEW BUSINESS: a. PZ08-21 (PZ02-61) - A request to transfer Conditional Use Permit for Townhouses (condominium development) from Shawn Anderson to John Laasch 8v Robert Favretto for the property described as Block 3, Five Iron Heights Subdivision (1700 Lawton Drive), Kenai, Alaska. Application submitted by John Laasch 8v Robert Favretto, 18506 Osprey Circle, Anchorage, Alaska. b. PZ08-22 (PZ08-21) -- A request to amend the legal description for Conditional Use Permit PZ08-21 to reflect the recorded legal description for the property. The property is described as Block 3, Five Iron Heights Subdivision (1700 Lawton Drive), Kenai, Alaska. Request submitted by John Laasch & Robert Favretto, 1$506 Osprey Circle, Anchorage, Alaska. c. Approval -Addition to existing structure located on Lots 7 & $, Block 1, FBO Subdivision (427 North Willow Street), Kenai, Alaska as required in lease. Requested by Rockwell G. Smith, Managing Partner, LOROC, LLC, P.O. Box 951, Kenai, Alaska. 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration I0. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. First Quarter Reports -Building Permits/Zoning Permits/Code Violations b. Kenai River Center Permit Application -Wild Pacific Salmon, Inc. c. Kenai River Center Permit Application -City of Kenai d. Kenai River Center Permit Application - Widerneyer & Lowe e. Zaning Bulletin (4/ 10/08 & 4/25/08) f. Commissioner Brookman notice of absence 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI J PLANNING & ZONING COMMISSION MAY 14, 2008 7:00 P.M. CITY COUNCIL CHAMBERS CHAYRMAN JEFF TWAIT, PRESIDING MEETING SUMMARY ITEM I.: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:03 p.m. X-a. Roll Call Roll was confirmed as follows; Commissioners present: J. Brockman, K. Koester, S. Romain, J. Twait, P. Bryson Commissioners absent: T. Wisniewski, R. Wells Others present: City Planner M. Kebschull, Council Member R. Ross A quorum was present. 1-b. Agenda Approval Kebschull noted the following correction: In the agenda, item 4-b. should read Municipal Square Replat rather than Municipal Center Replat. Commissioner Brockman noted the following: ADD TO: 5-a. Tower Structures -Received from P. Falkenberg FAA determination of No Hazard to Air Navigation -Received from Alaska Digitel Alaska Digitel letter dated 5-7-08 with attachments X ].-g. Ordinance 2311-2008 MOTION: Commissioner Brockman MOVED to approve the agenda including the above- mentioned lay downs and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Romain MOVED to approve the consent agenda and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1-d. *Exoused Absences *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Coxmission 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. Approved by consent agenda. ITEM 2: *APPROVAL OF MINUTES -- April 23, 2008 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS 4-a. PZ08-23 -Highland Subdivision -Highland Pride Park - A replat of Lots 10-18, Block 1 and Lots 11-15, Block 3 Highlands Subdivision. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, \ Alaska. Kebschull reviewed the staff report included in the packet, recommending approval provided the well and easements are shown on the plat. Twait read the rules for public hearing and opened the meeting to public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Rornain MOVED to approve PZ08-23 and Commissioner Koester SECONDED the motion. Commissioner Bryson recused himself for conflict of interest. VOTE: Braokman YES Koester YES Wisniewski ABSENT Romain YES Wells ABSENT Twait YES B son ABSTAIN MOTION PASSED UNANIMOUSLY. PLANNING AND ZONING COMMISSION MEETING MAY 14, 2008 PAGE 2 4-b. PZ08-24 - Fidalgo Commercial -- Municipal Centre Replat - A replat of Lots 3-13, Block i, Fidalgo Commercial Conter. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting this area included the police, fire, city hall and library and would create one large parcel. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Roxnain MOVED to approve PZO8-24 and Commissioner Braokman SECONDED the motion. VOTE: Brooknnan YES Koester YES Wisniewski ABSENT Romain YES Wells ABSENT Twait YES Br son RECUSED MOTION PASSED UNANIMOUSLY. \ 4-c. PZ08-25 -- Redoubt Terrace -- Everson Replat - A replat of Lots 18 and 19, Block Five, Redoubt Terrace Subdivision No. 4. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting the plat verify there were no encroachments. Twait opened the meeting to public hearing. There being no comments, the public hearing was clased. MOTION: Commissioner Brookman MOVED to approve PZ08-25 and Commissioner Romain SECONDED the motion. VOTE: Brockman YES Koester YES Wisniewski ABSENT Romain YES Wells ABSENT Twait YES Br son RECUSED MOTION PASSED UNANIMOUSLY. J PLANNING AND ZONING COMMISSION MEETING MAY 14, 20x8 PAGE 3 4-d. PZ08-27 - FBO Subdivision -- Fed Ex Addition - A replat of Lots 7 & $, Block 1, FBO Subdivision. Plat submitted by Terry Eastham, RLS, P.4. Box 2891, Soldotna, Alaska. Kebschull reviewed the staff report included in the packet, noting the FedEx building was built across the lot line, and removing the line would allow for an addition to the building. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Koester MOVED to approve PZ08-27 and Commissioner Brookman SECONDED the motion. VOTE: Brookman YES Koester YES Wisniewski ABSENT Romain YES Wells ABSENT Twait YES Br son RECUSED MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 8-a. PZ08-26 - An application for a Variance from height restrictions for a 120-foot cell tower for the property known as Lot 1-A, Grace Brethren Replat #2 (406 McCollum Drive), Kenai, Alaska. Application submitted by Alaska Digitel, 3127 Commercial Drive, Anchorage, Alaska. Kebschull reviewed the staff report included in the packet, requesting denial of the variance. However, if the commission chose to approve the variance, she recommended the following four items: • Receive an Airspace Permit from the Federal Aviation Administration and provide the City of Kenai with a copy of the permit. + Meet any requirements listed in the Airspace Permit. • Submit alandscape/site plan for the proposed development as required by KMC 14.25. • Proposed lighting on the tower must be directed down to the parking lot surface and use environmentally sensitive lights. Height of lights must be limited to no higher than the adjacent State of Alaska street lights. PLANNING AND ZONING COMMISSION MEETING MAY 14, 2008 PAGE 4 Twait opened the meeting to public hearing. Wayne Haerer, Alaska Digitel - Presented a power point presentation on the cell tower's range, noting the space for the tower was leased from the Grace Brethren Church; the tower would be taxable and Alaska Digitel would pay the taxes. At a question from the commission, Haerer noted the foundation was built without a building pormit. Patricia Falkenberg, 399 McCollum -Spoke against the variance, noting she had not received notice from the church or Alaska Digitel, and is concerned the tower would lower property values. Robert Bielefeld, Mile 9 Kenai Spur Highway -Spoke against the variance, noting the tower would be seen from his home. Roy Espy, 403 McCollum -Spoke against the variance, noting the tower should not be in a residential area Becky Espy, 903 Magic -Spoke against the variance. Earl Moore, Representative -- Grace Brethren Church - Read a written statement from the Church, stating the Church believed the permits had been applied for and neighbors had been notified. The statement read, in part, "we no longer support this \ project, though bound by a contract if all permitting is approved. We apologize to our 1 neighbars and community for the contention and inconvenience this has caused each of you." Eric Wilcox, 416 McCollum -Spoke against the variance. Sylvia Stuart, 401 McCollum -Spoke against the variance, noting the property values would drop. Debbie Sonberg, 410 Cinderella -~ Spoke against this variance, noting she was not opposed to all variances. Billy Stuart, 401 McCollum -Spoke against the variance, noting the tower would be an eyesore. Janine Espy, 403 McCollum -Spoke against the variance. There being no further comments, the public hearing was closed. MOTION: Commissioner Roznain MOVED to approve PZ08~2b and Commissioner Bryson SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING MAY l4, 2008 PAGE 5 MOTION TO AMEND: Commissioner Bryson MOVED to amend PZO$-26, adding the four staff recommendations stated earlier and requiring the tower not exceed 100 feet. Commissioner Romain SECONDED the motion. VOTE ON THE AMENDMENT: Br~akman YES Koester YES Wisniewski ABSENT Romain YES Wells ABSENT Twait YES Br son YES MOTION PASSED UNANIMOUSLY. Commissioner comments included: • Concerned with timing on project and that Alaska Digitel should control contractors and locations. • Appeared to be a poorly concoived plan. • 120 foot tower not necessarily an eyesore. • Dilemma with allowing growth, meeting needs of businesses and neighborhoods. Permit procoss should be followed. (building permit) VOTE ON THE AMENDED MOTION: Brookman NO Koester NO Wisniewski ABSENT Romain NO Wells ABSENT Twait NO B son NO MOTION FAILED. Twait read the 15-day appeals process procedure. ITEM 6: OLD BUSINESS -- None ITEM 7: NEW BUSINESS 7-a. PZOS-21 (PZ02-6I) - A request to transfer Conditional Use Permit for Townhouses (condominium development) from Shawn Anderson to John Laasch & Robert Favretto for the property described as Block 3, Five Iron Heights Subdivision (1700 Lawton Drive), Kenai, Alaska. Application submitted by Jahn Laasch & Robert Favretto, 18506 Osprey Circle, Anchorage, Alaska. Kebschull reviewed the staff report included in the packet. PLANNING AND ZONING COMMISSION MEETING MAY 14, 2008 PAGE 6 MOTION: Commissioner Koester MOVED to approve the transfer and Commissioner Romain SECONDED the motion. VOTE: Brookman YES Koester YES Wisniewski ABSENT Romain YES Wells ABSENT Twait YES Br son YES MOTION PASSED UNANIMOUSLY. 7-b. PZ08-22 (PZQ$-21~ - A request to amend the legal description for Conditional Use Permit PZ08-21 to reflect the recorded legal description for the property. The property is described as Block 3, Five Iron Heights Subdivision (1700 Lawton Drive), Kenai, Alaska. Request submitted by John Laasch & Robert Favretto, 18505 Osprey Circle, Anchorage, Alaska. Kebschull reviewed the staff report included in the packet. MOTION: Commissioner Romain MOVED to approve PZ08-22 and Commissioner Brookman SECONDED the motion. VOTE: Brookman YES Koester YES Wisniewski ABSENT Romain YES Wells ABSENT Twait YES Br son YES MOTION PASSED UNANIMOUSLY. 7-e. Approval -Addition to existing structure located on Lots 7 & 8, Block 1, FBO Subdivision (427 North Willow Street), Kenai, Alaska as required in lease. Requested by Rockwell G. Smith, Managing Partner, LOROC, LLC, P.O. Box 951, Kenai, Alaska. Kebschull reviewed the staff report included in the packet. PLANNING AND ZONING COMMISSION MEETING MAY 14, 2008 PAGE 7 MOTION: J Commissioner Braokman MOVED to approve the addition and Commissioner Koester SECONDED the motion. VOTE: Brookrnan YES Koester YES Wisniewski ASSENT Romain YES Wells ABSENT Twait YES Br son YES MOTION PASSED UNANIMOUSLY. ITEM $: PENDING ITEMS -- None ITEM 9: REPORTS 9-a. City Council -Ross reviewed the action agenda items from the May 7, 2008 meeting, and noted the Council was working with Administration to place an APOC opt-out on the October ballot. 9-b. Borough Planning -- Bryson reviewed the action agenda items from the April 28 and May 12, 2008 meetings. 9-c. Administration -Noted the quarterly reports were in the packet for review. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None ITEM I1: INFORMATION ITEMS 1 ].-a. First Quarter Reports -Building Permits/Zoning Permits/Code Violations 11-b. Kenai River Center Permit Application -Wild Pacific Salmon, Inc. 11-c. Kenai River Center Permit Application -City of Kenai 11-d, Kenai River Center Permit Application -- Widerneyer 8v Lowe 11-e. Zoning Bulletin (4/ 10/08 & 4/25/08) 11-f. Commissioner Brookman notice of absence ITEM 12: COMMISSION COMMENTS & OUESTIONS -- None PLANNING AND ZONING COMMISSION MEETING MAY 19~, 2008 PAGE 8 ITEM 13: ADJOURNMENT MOTION: Commissioner Bryson MOVED to adjourn and Commissioner Rozx~ain SECONDED the motion. There were na objections. SO ORDERED. There being n.a further business before the Commission, the meeting was adjourned at approximately 8:57 p.m. Meeting summary pr`e~pared and submitted by: 1~ - -.~ - Corene Ha11, Deputy City Clerk PLANNING AND ZONING COMMTSSiON MEETING MAY 14, 2008 PAGE 9