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HomeMy WebLinkAbout2003-12-10 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA } CITY COUNCIL CHAMBERS December 10, 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 na separate discussion of these items unless a Commission Member sa requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence an the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *November 12, 2003 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ03-49--An application for a Conditional Use Permit for a daycare for the property known as Lot 12, Block 3, VIP Ranch Estates Subdivision Part 1(2730 VIP Drive}, Kenai, Alaska. Application submitted by Linda L. Campanella dba Lil'Britches Daycare, 2730 VIP Drive, Kenai, Alaska. b. PZ03-50--A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council of the City of Kenai, Alaska that Title 14 of the Kenai Zoning Code be amended by adopting KMC 14.20.175 for the regulation of adult- oriented businesses. 6. OLD BUSINESS: 7. NEW BUSINESS: $. PENDING ITEMS: 9, CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: Agenda December 10, 2003 12. INFORMATION ITEMS: a. Zoning Bulletin (10/25, 11110 & 11125103) b. Planning & Zoning 2004 Meeting Schedule i3. COMMISSION COMMENTS & QUESTIONS: Page 2 i4. ADJOURNMENT: CITY OF KENAI PLANNING Sa ZONING COMMISSION CITY COUNCIL CHAMBERS DECEMBER 10, 2003 - 7;00 P.M. CHAIR RON GOECKE, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Goecke called the meeting to order at 7:00 p.rn. 1-a. Roll Call Roil was confirmed as follows: Commissioners Present: N. Amen, C. Glick, R. Goecke, P. Bryson, J. Barrett, and J. Hammelman Commissioners Absent: B. Eldridge Others Present: Council Member Ross, City Clerk Freas, City Planner Kebschull and Public Works Assistant Carver 1-b. Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda, incorporating the information added as Item 12c (Kenai Landing Boat Launch Application/Kenai River Center and additional information to Item 5a regarding Campanella Conditional Use Permit Application) and requested UNANIMOUS CONSENT. Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Arnen MOVED for approval of the consent agenda and requested UNANIMOUS CONSENT. Commissioner Hammelman SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- November 12, 2003 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- Nane. ITEM 5: PUBLIC HEARINGS 5-a. PZ03-49 An application for a Conditional Use Permit for a daycare for the property known as Lot 12, Block 3, VIP Ranch Estates Subdivision Part 1(2730 VIP Drive), Kenai, Alaska. Application submitted by Linda L. Campanella dba Lil' Britches Daycare, 2730 VIP Drive, Kenai, Alaska. MOTION: Commissioner Bryson MOVED far approval of PZ03-49 and Commissioner Glick SECONDED the motion. The public hearing was opened. Linda Campanella, 2730 VIP Drive, Kenai -- Campanella explained she had been in business since 2000; is open Monday through Friday usually from 6:45 a.m. to 6:15 p.m.; she has never received any complaints from neighbors; she is in compliance with the State requirements; the State allows her 12 children and the city eight and she has no more than eight children in the facility at one time, though there could be 12 different children during the day. Campanella also noted there were adequate parking spaces available. The public hearing was closed. City Planner Kebschull referred to the information added at the beginning of the meeting which noted only one complaint was received from one neighbor and there were some concerns regarding junk vehicles and the required public hearing sign which had not been visible. Commissioner Bryson stated he voted against an application for a Conditional Use Permit in Woodland Subdivision because he considered parking to be an issue and there was a concern voiced by a neighbor. In this case, however, he stated he would support the resolution because he did not think parking was an issue and there will be insignificant effects to the neighbors. Bryson asked Kebschull if administration felt the issue should be postponed due to the lack of visibility of the sign. Kebschull answered she did not think that would be necessary. She noted, the Carver memorandum (added to the agenda) indicated the applicant had placed the sign in a visible place but it then it snowed and it was no longer visible; the sign was moved to another site and the wind blew it away, etc. Kebschull added, the sign had been posted for a longer time than required and notices were mailed to the adjoining property owners. Commissioner Amen asked if Kebschull felt there were any reasons not to support the applicant and she answered, there were no complaints relating to the day care, however the neighbor asked that a fence be required to be built between the properties. She added, there had not been any complaints prior to the notice in the PLANNING & ZONING COMMISSION MEETING DECEMBER 10, 2003 PAGE 2 mail. The neighbor was unaware there was a day care in the residence since 2002. Kebschull also noted the City Attorney was made aware of the posting problems and advised the Commission had the option to defer or deny the application. VOTE: Eldrid e Absent Arnen No Glick Yes Goecke Yes B son Yes Barrett Yes Hammelman Yes MOTION PASSED. Goecke advised an appeal could be filed within 15 days with the City Clerk. 5-b. PZ03-50-A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council of the City of Kenai, Alaska that Title 14 of the Kenai Zoning Code be amended by adopting KMC 14.20.175 for the regulation of adult-oriented businesses. MOTION; Commissioner Glick MOVED for approval of PZ03-50 and Commissioner Amen SECONDED the motion. There were no public comments. Kebschull reported the ordinance had been developed for the city to be proactive as there was currently nothing in the code to place regulations on adult-oriented businesses. Commissioner Barrett stated he felt these types of businesses should be zoned properly, however he believed some of the requirements were overly onerous and presuming guilt before the fact, i.e. fingerprinting, etc. He added his concerns with the first, fourth and fifth whereas paragraphs and said he didn't feel the government should be legislating morality. Commissioner Amen agreed the document is harsh, however he was in support of it as it would deter development of these types of businesses in town. He also noted concern with Page 1 of 5, #5 and questioned whether this definition could be used to restrict the current theatres in town. Amen added, he was supportive of keeping the integrity of the residential areas and felt it was appropriate to protect the residences of the citizens. Kebschull stated she agreed with Amen's comments regarding theatres and felt it should be amended. Barrett noted, the ordinance could also deter touring or visiting PLANNING & ZONING COMMISSION MEETING DECEMBER 10, 2003 PAGE 3 adult entertainment that are legitimate businesses. Kebschull noted Barrett had discussed his concerns with her during a telephone conversation and she passed on the concerns with the city attorney who suggested the Commission review the ordinance and then table it with a recommendation of the areas of concern. He would then review and revise the ordinance and return it to the Cornmission. Commissioner Glick stated he had only concerns with #5 on Page 1 of 6 and added, the Cornmission needed to have rules in place for guidelines if an application comes before them. He added, he had no objections to the ordinance being strict. Bryson suggested a work session would be appropriate with the city attorney present in order for them to discuss the ordinance further. Consensus of the Commission was to hold a work session on the ordinance. Kebschull was requested to discuss the matter with the city attorney and schedule a work session to fit the Commission's and attorney's schedule. Amen suggested immediately following their January 14 meeting as he would be absent for the January 28 meeting. MOTION: Commissioner Bryson MOVED to continue the item until it is brought back by staff and Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. Goecke noted the four government students in the audience and present for the meeting. ITEM 6: OLD BUSINESS -- None. ITEM ?: NEW BUSINESS -- None. ITEM 8: PENDING ITEMS -- None. ITEM 9: CODE ENFORCEMENT -- None. ITEM 10: REPORTS 10-a. City Council -- Council Member Ross reviewed the December 3 action agenda included in the packet, noting anoff-airport car rental ordinance was passed; an ordinance setting an economic strategy commission failed and will be handled through the Kenai Chamber; and a transfer was approved to purchase a replacement computer system for the library. PLANNING & ZONING COMMISSION MEETING DECEMBER 10, 2003 PAGE 4 Amen asked if there had yet been an indication of the fiscal impact from the Kmart closing and Ross noted the loss of sales tax revenue had not been as significant as anticipated. 10-b. Borough Planning -- Commissioner Bryson reviewed the Borough Planning Commission agendas for the November 24 and December 8 meetings and discussed actions taken. 10-c. Administration -- Kebschull noted the following: • Information Item 12c, added to the agenda, was a copy of Kenai Landing's Kenai River Center application for a boat launch. She noted, she would be attending a site visit on December 15. Kebschull also reported the Commission would be able to provide comments to the River Center and the Borough Planning Commission in January. ~ The Forestry Service recently requested aten-year extension to their lease, however after receiving an engineer's estimate and learning the cost would be more, they requested the lease extension to be changed from ten to 18 years. She noted, the cost and value meet the state standards and the Airport Commission and Council will be notified. If there are no objections, the lease will be modified. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. Zoning Bulletin (10/25, 11/10 & 11/25/03) 12-b. Planning & Zoning 2004 Meeting Schedule ITEM 13: COMMISSION COMMENTS & UESTIONS The commissioners wished one another happy holidays. ITEM 14: ADJOURNMENT MOTION: Commissioner Barrett MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7:45 p.m. Mi tes tr s rib d prepared by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING DECEMBER 10, 2003 PAGE 5