HomeMy WebLinkAbout2003-10-08 Planning & Zoning Minutes~'f
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
October 8, 2003 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
*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. *September 24, 2003
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS:
6. OLD BUSINESS:
a. Kenai Peninsula Borough Chapter 21.18 - Anadromous Streams Habitat Protection -
Discussion
7. NEW BUSINESS:
a. Holiday Meetings (November 26 and December 24, 2003) -Discussion
$. PENDING ITEMS:
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Planning & Zoning Resolution Report (January thru September 2003)
1 13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
OCTOBER 8, 2003 - 7:00 P.M.
CHAIR RON GOECKE, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chairman Goecke called the meeting to order at appro~irnately 7:00 p.m.
1-a. Roll Call
The roll was confirmed as follows:
Commissioners Present: Bryson, Barrett, Harnmelman, Eldridge, Amen, Glick, and
Goecke
Others Present: City Clerk Freas, City Planner Kebschull, Council Member
Osborne
I-b. Agenda Approval
MOTION:
Commissioner Eldridge MOVED for approval of the agenda as presented and
requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion.
There were no objections. SO ORDERED.
I-c. Consent Agenda
MOTION:
Commissioner Glick MOVED for approval of the consent agenda as presented and
requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion.
There were no objections. SO ORDERED.
ITEM 2: APPROVAL OF MINUTES -- September 24, 2003
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None.
ITEM 4: CONSIDERATION OF PLATS -- None.
ITEM 5: PUBLIC HEARINGS -- None.
ITEM 6: OLD BUSINESS
Y
6-a. Discussion -- Kenai Peninsula Borough Chapter 21.18 - Anadromous
Streams Habitat Protection
Kebschull explained, City Manager Snow requested the item be included on the
agenda in order to address any questions the Commission may have or request
research of information by administration, She also noted, administration's report
was not yet available and until that information is available, the Commission was not
being requested to make a recommendation.
A general discussion followed. Commissioner Bryson suggested a draft ordinance
delineating the process for review, etc. accompany the administrative report. He
noted, a different situation could exist far each project depending on whether it is a
private project or if it is a city project. He noted a concern if the council is directly or
indirectly involved in the project and also acts as a board of appeals.
Kebschull was asked to give a review of information discussed at the September 24
meeting relating to administrative concerns. Kebschull stated her understanding is,
if the city takes over the responsibility of the ordinance, it would have to provide
educational information to the individual proposing development within the 50 feet;
review the development; determine whether a conditional use permit is required;
provide information to the other permitting agencies; develop a working relationship
with the borough relating to tax credits, etc.; and, the staff time costs. She noted
approximately eight permits a year have been approved since the existence of the
borough's ordinance and currently the permitting agencies meet and review the
plans, make site visits, etc. before, during and after construction which involves a lot
of staff time.
Kris Schmidt -- Schmidt spoke against the proposal far the city to take over the
responsibilities of the ordinance. She noted, she was presently involved in a large
subdivision development project involving many hours of time from the permitting
agencies, as well as hers and the developer's time. She noted, her client is very
opposed to having to deal with another regulatory agency. Schmidt added, she felt
the current review agencies have trained staff; it's aone-stop shopping process; all
the meetings are at one location; she didn't see any reason far the city to take over
the responsibility at this time; and, has not heard any reason why taking over the
responsibility would be of any advantage. She also noted her concern there would be
two sets of standards developing over time relating to how the city and borough
interpret the ordinances. Schmidt also stated she thought there would be a need for
additional city staff to accommodate the review requirements.
It was noted, Schmidt's current development project is for an area outside the city
limits and at this time, it is not known how a city ordinance would affect development
projects.
PLANNING & ZONING COMMISSION MEETING
OCTOBER 8, 2003
PAGE 2
James C. Bookey, III, 1503 Second Avenue, Kenai -- Council Member Bookey
stated he thought the debate on the ordinance and whether the city should consider
administering the ordinance for properties within the city was premature. He
explained, recently he learned the lower six miles of the river was included in the
borough's ordinance which concerns him as he believes the city should be in control
of its destiny. Because of these concerns, he requested council to allow review of the
current ordinance and consideration of the city taking over the administration of the
ordinance for property within the city. Bookey added, administration is to forward a
memorandum relating to what it sees as advantages and disadvantages in regard to
the city taking over the ordinance and after the Coxmission reviews all the
information, including administration's report, then it would be appropriate to debate
the issue and make a recommendation.
ITEM 7: NEW BUSINESS
7-a. Discussion -- Holiday Meetings (November 26 and December 24, 2003)
Kebschull reported the Commission's November 25 meeting will fall on Thanksgiving
Eve and the December 24 meeting on Christmas Eve. She asked if the Commission
would like to forward a request to cancel the meetings.
Goecke noted the consensus of the Commission was to request cancellation of the
meetings.
ITEM 8:
-- None.
ITEM 9: CODE ENFORCEMENT -- None.
ITEM 10 • REPORTS
YO-a. City Council -- Referring to the council meeting agenda of October 1,
which was included in the packet, Council Member Osborne reviewed actions taken.
Council Member Moore (in the audience) also reported the Arctic Winter Games Host
Society would be reviewing a proposed three-year lease for their use of the upstairs of
the Fire Training Center. It was also noted, the lease was for less than fair market
value and had been reviewed and approved by the FAA.
10-b. Borough Planning -- No report.
10-c. Administration -- Kebschull reported the following:
• A comparison of 2002 and 2003 resolutions was included in the packet.
She noted the home occupation permits were higher in 2002 because of the initial
PLANNING 8s ZONING COMMISSION MEETING
OCTOBER 8, 2003
PAGE 3
reports of home day cares in the city. The city is now automatically contacted by
applicants prior to their receiving their state license.
• The Commission will hold a public hearing at their next meeting for a
conditional use permit for development of Ward's Cove Cannery. Their
representatives have met with city administration to learn what permits, etc. will be
necessary for their project. They will want to use their two permanent docks and one
floating dock to allow people to access the planned restaurant and shops from the
river. The current Corps permits are being checked and will have to be transferred to
the new owners. Kebschull added, it is a very exciting project for the city and the
developer hopes to have the business open in May.
• Home Depot is supposed to have significant completion on their project
by October 27. They are beginning to make it ready to bring in merchandise with an
opening date the beginning of December.
ITEM 1 ],: PERSONS PRESENT NOT SCHEDULED
Council Member Joe Moore, 1006 Inlet Woods, Kenai -- Moore stated he believed
the Commission raised valid paints relating to the river ordinance and noted the issue
was brought to council as an idea for review due to concerns when the ordinance was
first proposed. He noted, the city had opposed the ordinance to include the lower five
miles of the river for properties within the city limits. It was just brought to their
attention the ordinance still includes the lower five miles. Council felt the city taking
over the administration of the ordinance for properties within the city limits was
worth exploring.
Moore encouraged the Commission to review all the material prior to making a
decision. He added, it is not council or administration's intention to add to
bureaucratic red tape or hinder development.
Moore also noted, the Arctic Winter Games Host Society's use of the upstairs of the
Fire Training Facility will be considered an in-kind contribution from the city toward
the Games.
ITEM 12: INFORMATION ITEMS
12-a. Planning & Zoning Resolution Report (January thru September 2003)
ITEM 13: COMMISSION-. COMMENTS 8s QUESTIONS
Eldridge stated he understood the city is exploring the issue of administering the river
protection ordinance because of the potential for borough decisions being made that
may not be in the best interest of the city. Additionally, if appealed, the Assembly
would act as the board of appeals. He added, if the city enforces the ordinance, the
Commission and council, who have the city's interest at heart, would be who would
PLANNING 8G ZONING COMMISSION MEETING
OCTOBER 8, 2003
PAGE 4
be reviewing, acting, and hearing appeals. Eldridge stated he believed a serious
review of the possibilities was needed.
ITEM 14: ADJOURNMENT
The meeting adjourned at approximately 7:41 p.m.
Minutes transcribed and prepared by:
~~
Carol L. Freas, City Clerk
PLANNING 8~ ZONING COMMISSION MEETING
OCTOBER 8, 2003
PAGE 5