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Home My WebLink About2004-04-28 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA '~ CITY COUNCIL CHAMBERS Apri128, 2004 - 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 xoutine 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. *ApriI 14, 2004 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ04-15 - 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 ofadult-oriented businesses. b. PZ04-16 - An application for a variance permit fora 15-foot rear setback variance for the property described as Lot 6, Block 1, VIP Ranch Estates, Part Three {840 Sand Dollar Drive), Kenai, Alaska. Application submitted by Gary Hershberger, 840 Sand Dollar Drive, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. *PZ04-17 - An application for a Home Occupation Permit for a daycare for the property known as Lot D, Davidson Subdivision (1506 Bumblebee Avenue), Kenai, Alaska. Application submitted by Emma Lee Whitaker, 1506 Bumblebee Avenue, Kenai, AIaska. b. Discussion Item - City of Kenai ANNEX to the Kenai Peninsula Borough Local Ail Hazard Mitigation Plan Draft 8. PENDING ITEMS: a. Amendment of KMC 14.20.320 -Modular Horner 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council 1 b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. PZ04-18 -Landscape Site Plan - 905 Cook Avenue (Lot 4A, Block 15 Original Kenai Townsite) - Leif Carlson d/bla Batir Construction for Central Peninsula Counseling Services la. KPB Administrative Plat Approval -Kenai Townsite ACS Replat c. KPB Administrative Plat Approval - Shankel Subdivision d. US Array Corps of Engineers -Public Notice -General Permit GP 2003-1 e, Zoning Bulletin (4/10/04} 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS APRIL 28, 2004 - 7:00 P.M. CHAIRMAN CARL GLICK, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Glick called the meeting to order at 7:00 p.rn 1-a. Roll Call Members Present: C. Glick, P. Bryson, N. Amen, B. Eldridge, J. Harnmelman, and J. Barrett Others Present: Councilman Rick Ross, City Attorney Cary Graves, Fire Chief Scott Walden, Department Assistant Nancy Carver, City Planner Marilyn Kebschull and Contract Secretary Barb Roper 1-b. Agenda Approval MOTION: Commissioner Amen MOVED to approve the agenda and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Eldridge MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- April 14, 2004 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS 5-a. PZ04-15 - 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 Hamrnelman MOVED to approve PZ04-15 and Commissioner Bryson SECONDED the motion. Staff had nothing additional. There were no comments from the public during the public hearing. Commissioner Eldridge agreed the issue needed to move forward but still felt S00 feet was not sufficient enough to keep adult oriented businesses from operating within the City of Kenai. MOTION TO AMEND: Commissioner Eldridge MOVED to amend the main motion and change the 500 foot location limit to 700-feet. Commissioner Hammelman SECONDED the motion. Commissioner Bryson requested supporting argument for the modification and also requested the City Attorney provide statement regarding the concerns of the City. Eldridge stated his feeling was the downtown area should not be made available to adult oriented businesses and would prefer to have as few downtown areas available for such businesses as he felt there were more appropriate locations on the Spur Highway or on the North Road. Eldridge also questioned the area off Bridge Access as he believes the area is an old designated Russian Native gravesite. Eldridge added, there is a lot of case history on the location limit and the Supreme Court supported as much as 1000-feet from schools and churches but he would request the limit for Kenai be limited to at least 700 feet. City Attorney Graves stated, while the Supreme Court has approved a protective zone up to 1,000 feet around churches and schools, it is not a uniform 1,000-foot protective zone. Graves continued, it is variable upon the area in which the 1,000-foot protective zone allows an adult oriented business to locate. Graves added, these businesses need reasonable access to the community and in some areas the 1,000-foot limit would leave them no place to locate. Graves continued, staff felt the 500-foot zone was probably easier to defend and noted the higher the zone limit the more difficult it is to defend in court. Commissioner Barrett thanked staff for the work on the map. Barrett stated, even if the circles were doubled in size, there is still a sizable amount of downtown that would not be in any of the circles. Barrett continued, while he may see the need fora 1,000- foot or 700-foot zone, he was not sure it would accomplish what Commissioner Eldridge was seeking, i.e. to keep downtown basically off limits to adult oriented businesses. PLANNING 8s ZONING COMMISSION MEETING APRIL 28, 2004 PAGE 2 Discussion ensued regarding the gravesite in Millennium Square and Eldridge noted 1 the land was deeded to the Russian Orthodox Church. Attorney Graves pointed out there is no church structure on the property. Kebschull added, this location is in fact owned by the Church and there is also a few residential parcels owned by churches that would show up on the Borough maps but are not noted with the City's. Kebschull continued, staff had to manually go out and identify some daycares and preschools the Borough does not designate as schools so if the ordinance goes through, the City would have to manually determine all the locations. Commissioner Bryson conf rmed the parcel was identified as a graveyard in the early 1900's and did not think there were any structures on it; however, there was a village nearby that was destroyed. VOTE ON THE AMENDMENT: Glick No B son No Barrett No Hammelman No Eldrid e Yes Amen No MOTION FAILED. VOTE ON THE MAIN MOTION: Glick Yes B san Yes Barrett Yes Hammelrnan Yes Eldrid a Yes Amen Yes MOTION PASSED UNANIMOUSLY. 5-b. PZ04-16 - An application for a variance permit fora 15-foot rear setback variance for the property described as Lot 6, Block 1, VIP Ranch Estates, Part Three (840 Sand Dollar Drive), Kenai, Alaska. Application submitted by Gary Hershberger, 840 Sand Dollar Drive, Kenai, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ04-16. Commissioner Hammelman SECONDED the motion. Staff had nothing additional. There was no public comment during public hearing. Barrett asked staff what the minimum variance would be based on the recommendation from staff. Kebschull stated the Commission would have to determine what that would be but the applicant is asking for 15-feet; however, he did say he could move the structure. PLANNING & ZONING COMMISSION MEETING APRIL 28, 2004 PAGE 3 Eldridge suggested the applicant relocate the structure to the other side of the lot. l Glick stated he could not speak for the applicant but he is familiar with the lot and if the structure was moved, it would obstruct the view from the dwelling. Eldridge asked if staff received comments from any of the neighbors. Kebschull replied they did not and noted the area is zoned rural residential and requires a 15- foot side setback. Bryson noted the description of the application stated it is a rear setback and asked staff if that was their determination as well. Kebschull replied a rear setback was the determination. VOTE: Glick No B son No Barrett No Hammelman Yes Eldrid e No Amen No MOTION FAILED. ITEM fi: OLD BUSINESS -- None. ITEM 7: 7-a. *PZ04-17 - An application for a Home Occupation Permit for a daycare for the property known as Lot D, Davidson Subdivision (1506 Bumblebee Avenue), Kenai, Alaska. Application submitted by Emma Lee Whitaker, 1506 Bumblebee Avenue, Kenai, Alaska. Approved by consent agenda. 7-b. Discussion Item -City of Kenai ANNEX to the Kenai Peninsula Borough Local, All Hazard Mitigation Plan Draft. Fire Chief Scott Walden presented the Mitigation Plan and provided an additional handout. Walden reported the Annex seriously affecting the City of Kenai is about one third of the overall plan. Walden noted Chapter III would require Planning and Zoning consideration and he encouraged the Commission to review the website and participate in the survey. The timeline for completion of the overall plan is June 30, which doesn't give the City much time for public comment. After further discussion, staff was requested to schedule a public hearing for the next Planning and Zoning rr~eeting. ITEM 8: PENDING ITEMS 8-a. Amendment of KMC 14.20.320 -Modular Homes - no discussion. PLANNING & ZONING COMMISSION MEETING APRIL 28, 2004 PAGE 4 ITEM 9: CODE ENFORCEMENT -- shone. ITEM 10: REPORTS 10-a. City Council -- Councilman Ross reviewed the April 21st agenda and discussed action taken. 10-b. Borough Planning -- Commissioner Bryson reviewed the Borough Planning Commission agenda for the April 26th meeting and discussed actions taken. 10-c. Administration -- Kebschull reported the following: • She just returned from a planning conference in Washington D.C. • She noted the pending item will be discussed with the City Attorney and it may just require an update to the existing ordinance. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. PZ04-18 -Landscape Site Plan - 905 Cook Avenue (Lot 4A, Block 15 Original Kenai Townsite) -Leif Carlson d/b/a Batir Construction for Central Peninsula Counseling Services 12-b. KPB Administrative Plat Approval -Kenai Townsite ACS Replat 12-c. KPB Administrative Plat Approval - Shankel Subdivision 12-d. U. S. Army Corps of Engineers -Public Notice -General Permit GP 2003- 1 12-e. Zoning Bulletin (4/ 10/04) ITEM 13 : COMMISSION COMMENTS & UESTIONS Commissioner Barrett once again thanked staff for the maps provided for the adult oriented businesses. Barrett invited everyone to the annual summer art show reception at the Visitors Center scheduled for April 30. ITEM 14: ADJOURNMENT MOTION: Commissioner Eldridge MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. PLANNING & ZONING COMMISSION MEETING APRIL 28, 2004 PAGE 5 The meeting adjourned at approximately 7:45 p.m. Minutes transcribed and prepared by: Barbara Roper, antract Secretary PLANNING 8v ZONING COMMISSION MEETING APRIL 28, 2004 PAGE 6