HomeMy WebLinkAbout2008-06-11 Planning & Zoning MinutesCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
June 11, 2008 -'1:00 p.rn.
1. CALL TO ORDER:
a. Rall Call
b. Agenda Approval
c. Consent Agenda
d. *Excused Absences
`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.
2. *APPROVAL OF MINUTES:
a. *May 28, 2008
3. SCHEDULED PUBLIC COMMENT: (10 Minutes}
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
a. PZ08-31 - An application for a for a 15-foot rear setback variance the property known as
Lot 9, Block 3, Redoubt Terrace Subdivision, Hall Addition (105 Haida Drive).
Application submitted by Ryan Tunseth, 105 Haida Drive, Kenai, Alaska. P
b. PZ08-32 - A Conditional Use Fermit to operate a lawn care business from 1902 & 1904
Aliak Drive, Lots 1 & 2, Woodcock 1984 Subdivision of Gov't. Lot 69. Application
submitted by Charles Woodcock, 1902 Aliak Drive, Kenai, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
a. An ordinance of the Council amending KMC 1.85.060 and KMC 1.85.074 -Conflict of
Interest -Discussion.
8. PENDING ITEMS:
a. PZ07-25 -Recommending Council enact KMC 9.10.015 to require dumpsters be
screened on at least three sides.
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes}
11. INFORMATION ITEMS:
a. PZ08-33 -Landscape/Site Plan -City of Kenai -Public Safety Garage--109 South
Willow Street.
b. PZ08-30 -Landscape/Site Plan -- Rockwell Smith ~- Fed Ex Building - 427 North
Willow Street.
c. Zoning Bulletin (5125108}
12. COMMISSION COMMENTS & QUESTIONS:
13. ADJOURNMENT:
CITY OF KENAI
PLANNING 8a ZONING COMMISSIO
CITY COUNCIL CHAMBERS
JUNE 11, 2008 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chair Twait' called the meeting to order at approximately 7:00 p.m.
].-a. Roll Call
Roll was confirmed as follows:
Cornmissioriers present: S. Romain, R. Wells, J. Twait, P. Bryson, J. Brookman, and
K. Koester
Commissioners absent: None
Others present: Council Member R. Ross, City Clerk C. Freas, and City
Planner M. Kebschull
City Clerk Freas administered the oath of office to Kurt B. Rogers and Mr. Rogers took
his seat on the dais.
1-b. Agenda Appro~ral
MOTION:
Commissioner Bryson MOVED to approve the agenda as amended with the lay down
items including the revised agenda and Supplement No. 1 of the Comprehensive Plan
packet. Commissioner Romain SECONDED the motion. There were no objections.
30 ORDERED.
1-c. Cox~,sent Agenda
MOTION:
Commissioner Romain MOVED to approve the consent agenda as presented and
Commissioner Wells SECONDED the motion. There were no objections. SO
ORDERED.
*Excused Absences -~ None.
*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
1 vcrhich 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.
ITEM 2: APPROVAL OF MINUTES -- May 28, 2008
Approved by, consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None.
ITEM 4: CONSIDERATION OF PLATS -- None.
ITEM 5: PUBLIC HEARINGS
5-a. PZOS-31 - An application for a for a 15-foot rear setback variance the
property known as Lot 9, Block 3, Redoubt Terrace Subdivision, Hall
Addition (105 Haida Drive). Application submitted by Ryan Tunseth, 105
Haida Drive, Kenai, Alaska.
City Planner Kebschull reviewed the staff report included in the packet, noting the
following the applicant was requesting a 15-foot rear setback variance to construct a
16 x 10 s.f. shed. Kebschull also reviewed the criteria required to KMC 14.20.180 to
determine if a variance should be granted and her findings which were also included
in the staff report. Kebschull Hated the following:
• ~ The five-foot side setback was met.
• Special conditions or circumstances: Because the parcel was developed,
options for location of a shed within the constraints of the rear yard
provided special circumstances.
• The applicant inherited the development constraints when purchasing
the residence.
• Sheds are accessozy structures permitted within the zone.
• Using the measurements provided, it appeared the request was
reasonable and minimum.
• The request was not based on other non-conforming uses or structures.
• Because the request was reasonable in light of the available lot left for
• the year yard and still meeting the side setbacks, she recommended
approval of the variance.
Chair Twait opened for public hearing. There being no one wishing to be heard, the
public hearing was closed.
MOTION:
Commissioner Romain MOVED for approval of the application fora 15-foot rear
setback variance and Commissioner Bryson SECONDED the motion.
There were no commission comments.
VOTE:
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JUNE 1 ]., 2008
PAGE 2
Romain Yes Wells Yes Twait Yes
B son Yes Ra ers Yes Brookman Yes
Koester ~ Yes
MOTION PASSED UNANIMOUSLY.
Twait noted appeals could be filed with the City Clerk within 15 days of the action
taken.
5-b. ~ PZ08-32 - A Conditional Use Permit to operate a lawn care business
from 1902 & 1904 Aliak Drive, Lots 1 & 2, Woodcock 1984 Subdivision of
Gov't. Lot 69. Application submitted by Charles Woodcock, 1902 Aliak
Drive, Kenai, Alaska.
Kebschull reviewed the staff report included in the packet, noting the following:
• ~ A complaint had been received related to supplies being stored in the
right of way.
• The applicant had been contacted by the city and was informed he
needed to have a conditional use permit for the lawn care business.
• The location currently held a home occupation permit for a day care.
• .The lawn care business had been operating at this location for six years
and was current with Borough sales tax.
• The business caused minimal traffic.
• The supplies were removed from the city right of way.
• Administration recoxzxmended the permit be approved as submitted but
} any expansion of the business would require an amendment to the Conditional Use
Permit.
The floor was opened for public hearing.
Randy Peck, 8211 Shi11e1ah, Kenai -- Stated his concern of noise after hours and
requested the approval reflect operation could only take place during certain hours
and suggested no later than 9:00 p.rn.
A brief question and answer period took place during which it was noted morning
activity at the business was not a problem, the location of the business was not
unsightly, and the noise was produced mostly from filling the hydro-seeder which was
being done during the evening hours.
There being no one further wishing to speak, the public hearing was closed.
MOTION:
Comrnissior~er Bryson MOVED to approve Resolution No. PZO8-32, a conditional use
permit, with the incorporation of staff comments. Cornrnissioner Brookman
SECONDED the motion.
Commission a brief discussion followed, noting noise concerns should be considered.
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JUNE 11, 2008
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MOTION TO AMEND:
Commissioner BrookYnan MOVED to amend the motion to approve to include 7:00
a.m. to 9:00 p.m. Commissioner Rogers SECONDED the motion.
SECONDARY MOTION:
Commissioner Bryson MOVED to amend the Brookman motion to amend to allow
operation of the lawn care business between 7:00 a.m. and 10:00 p.m., thereby
limiting noise from commercial activities between 10:00 p.m. and 7:00 a.m.
Commissioner Romain SECONDED the motion.
VOTE ON SECONDARY AMENDMENT:
Romain Yes Wells Yes Twait Yes
B son Yes Ro ers Yes Brookman Yes
Koester Yes
MOTION PASSED UNANIMOUSLY.
VOTE ON AMENDED (BROOKMAN~ MOTION:
Romain Yes Wells Yes 'I`ovait Yes
B son Yes Ro ers Yes Brookman Yes
Koester Yes
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN AMENDED MOTION:
Romain Yes Wells Yes `I~vait Yes
B son Yes Ro ers Yes Brookman Yes
Koester Yes
MOTION PASSED UNANIMOUSLY.
Chair'Iwait noted the 15-day appeal period and that appeals be filed with the City
Clerk.
ITEM 6: OLD BUSINESS -- None.
ITEM 7: NEW BUSINESS
7-a. Discussion -- An ordinance of the Council amending KMC 1.85.060 and
KMC 1.85.070 -Conflict of Interest.
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JUNE 11, 2008
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Kebschull referred to the draft ordinance included in the packet and requested
comments from the commission. Comments includcd:
ar surveyor.
Subparagraph (b) of the first page could be problematic for an architect
Subparagraph (b) should give a person the opportunity to a chance to
abstain or recuse.
• Subparagraph (h) of the second page: who would track a former
municipal officer, commissioner or employee who may not represent, advise, or assist
a person for compensation, etc. (it was noted council could waive the application of
the restriction).
ITEM 8: PENDING ITEMS
8-a. PZ07-25 -Recommending Council enact KMC 9.10.015 to require
durnpsters be screened on at least three sides.
ITEM 9: REPORTS
9-a. City Council -- Council Member Ross referred to the June 4, 2008
council meeting action agenda included in the packet and reviewed actions taken,
including the passage of an ordinance to compensate the con~rnission $100 a month.
9-b. Borough Planning -- Commissioner Bryson reviewed the agenda of the
June 9, 2008 Borough Planning Commission and noted actions taken.
9-c. Administration -- Kebschull noted the following:
• Forms needing the coixaznission members to complete related to the ~ 100
a month compensation.
• 'She would be working with the city attorney related to a code
amendment for accessozy structure setbacks.
• Requested members insert the Comprehensive Plan Update into their
plans.
+ She expected additional activity with regard to landscape/site plans.
• ,Over the last several months, City administration had been planning for
the upcoming dip net fishery.
• The State courthouse received funding to lease the property next to it for
a parking lot. The city would be developing the parking lot.
ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None.
ITEM 11; INFORMATION ITEMS
11-a. PZ08-33 -Landscape/Site Plan -City of Kenai -Public Safety Garage -
109 South Willow Street.
11-b. PZ08-30 -Landscape/Site Plan -Rockwell Smith -Fed Ex Building -
• 427 North Willow Street.
11-c. Zoning Bulletin (5/25/08)
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PAGE 5
ITEM 12: COMMISSION COMMENTS & QUESTIONS
Brookman -- Welcomed Kurt Rogers to the Commission.
Koester -- Welcomed Rogers.
Wells -- Welcomed Rogers.
Romain -- Welcomed Rogers anal thanked the city for the meeting compensation.
Bryson -- No comments.
Rogers -- Noted he would be unable to attend the June 25 meeting. He was
instructed to submit a note to Kebschull and request to be excused from the meeting.
ITEM 13: ADJOURNMENT
MOTION:
Cornrnissioner Romain MOVED to adjourn and Commissioner Brookman SECONDED
the motion. ~ There were na objections. SO ORDERED.
There being no further business before the Council, the meeting adjourned at
approximately 7:55 p.m.
Minutes submitted by:
Carol L. Freas, City Clerk
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JUNE 11, 2008
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