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HomeMy WebLinkAbout2006-02-22 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS February 22, 2006 - 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. *February 8, 2006 3. SCHEDULED PUBLIC COMMENT: 1 4. CONSIDERATION OF PLATS: a. PZ06-14 -Preliminary Plat -McKinley Subdivision No. Two (A resubdivision of Lots 79-A & 79-B McKinley Subdivision) -Plat submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. 5. PUBLIC HEARINGS: a. PZ06-12 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the Land Use Table in KMC 14.22.010 be amended to remove Footnote 10 from the land use category of "Churches" in the Central Commercial (CC) and General Commercial (GC) zones in The Land Use Table and changing "Churches" from a conditional use to a principal permitted use in the Light Industrial Zone (IL). b. PZ06-13 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the existing Landscaping/site plan regulations at KMC 14.25 and 14.20.115(1) be repealed and replaced with a new KMC 14.25 (Landscaping/Site Plan Regulations). 6. OLD BUSINESS: 7. NEW BUSINESS: a. Ordinance No. 2146-2006 - An ordinance of the Council of the City of Kenai, Alaska enacting KMC 13.20.070 entitled "Commercial Building and Property Maintenance." Discussion. 8. PENDING ITEMS: a. PZOS-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammehnan, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled) 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. State of Alaska -Consistency with Alaska Coastal Management Program b. Zoning Bulletin (1/10/06) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS FEBRUARY 22, 2006 - 7:00 P.M. CHAIR NELSON AMEN, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Amen called the meeting to order at 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: N. Amen, P. Bryson, L. Chase, B. Eldridge, J. Jenckes, J. Twait, S. Romain Others present: Council Member Massie, City Planner Kebschull, Department Assistant Carver, Public Works Manager La Shot, Building Official Springer, and Contract Secretary B. Roper A quorum was present. 1-b. Agenda Approval Commissioner Bryson requested PZ06-09 (and February 8, 2006 packet information) be added under Old Business as Item 6.a. Bryson explained PZ06-09 was denied at the last meeting and because additional information was provided (Cheney McLennan letter of February 22, 2006), he would be requesting the issue be reconsidered. MOTION: Commissioner Bryson MOVED to approve the agenda as amended 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 Chase SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- February 8, 2006 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4-a. PZ06-14 -Preliminary Plat -McKinley Subdivision No. Two (A resubdivision of Lots 79-A 8s 79-B McKinley Subdivision) -Plat submitted by Whitford Surveying, P.O. Box 4032, Soldotna, Alaska. MOTION: Commissioner Eldridge MOVED to approve PZ06-14 adding staff recommendations and Commissioner Bryson SECONDED the motion. Kebschull noted the following: • Approval of the plat would remove a lot line to create one large lot. • The resulting lot size would meet lot size requirements for the Suburban Residential zone. • City water and sewer serve the property. • Removing the lot line will eliminate anon-conforming structure on the current lot wherein a structure was built across a lot line. • Staff recommends approval with the requirement that the street name be corrected from Birch Drive to Birch Street. Commissioner Eldridge requested staff recommendations be added to his motion. Second concurred. VOTE: Amen Yes B son Yes Chase Yes Eldrid e Yes Jenckes Yes Twait Yes Romain Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5-a. PZ06-12 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the Land Use Table in KMC 14.22.010 be amended to remove Footnote 10 from the land use category of "Churches" in the Central Commercial (CC) and General Commercial (GC) zones in The Land Use Table and changing "Churches" from a conditional use to a principal permitted use in the Light Industrial Zone (IL). MOTION: PLANNING & ZONING COMMISSION MEETING FEBRUARY 22, 2006 PAGE 2 Commissioner Twait MOVED to approve PZ06-12 and Commissioner Romain SECONDED the motion. Kebschull explained passage of the resolution would amend the Land Use Table to remove Footnote 10 from the land use category of "churches" in the central commercial and general commercial zones and would also change "churches" from a conditional use to a permitted use in the Light Industrial Zone. Chair Amen opened the public hearing and there were no comments. The public hearing was closed. Commissioner Jenckes noted a typographical error in the second to the last paragraph of the resolution referencing Footnote 19. Kebschull confirmed it was an error and noted it would be corrected to reference Footnote 10. It was also suggested the reference to the churches being changed from conditional use to principal permitted use be added to the "NOW, THEREFORE" paragraph of the resolution. Commissioner Bryson noted the item would be addressed by Council and that the Commission only makes recommendations. VOTE: Amen Yes B son Yes Chase Yes Eldrid e Yes Jenckes Yes Twait Yes Romain Yes MOTION PASSED UNANIMOUSLY. 5-b. PZ06-13 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the existing Landscaping/site plan regulations at KMC 14.25 and 14.20.115(1) be repealed and replaced with a new KMC 14.25 (Landscaping/Site Plan Regulations). MOTION: Commissioner Eldridge MOVED to approve PZ06-13 and Commissioner Chase SECONDED the motion. Kebschull noted the following: • Staff would be recommending to Council the existing landscaping/ site plan regulations be repealed and replaced with a new KMC 14.25, Landscaping Plan Regulations and would delete the Limited Commercial Zone. • The landscape plan had been reviewed and reworked by the Commission in several work sessions. PLANNING & ZONING COMMISSION MEETING FEBRUARY 22, 2006 PAGE 3 • A major change to the Commission's recommendations appeared on Page 1 of 4, Item 2, last paragraph, however the rest of the plan remained basically the same. Amen requested a definition of overburden and Building Official Springer confirmed it was the layer of soil. Kebschull noted two sections of the Plan (second section, Limited Commercial Zone) where the paragraphs in all capital letters were removed. Amen opened the public hearing; there were no comments and public hearing closed. Eldridge noted suggested changes at the recommendation of Mayor Porter and through the Kenai Economic Development Strategies Action Team as follows: • Page 2 of 4, Item 14.25.030, Submittal Requirements, item (a), remove the term "scientific." • Page 4 of 4, Item 14.25.060, Completion -Landscaping Plan and Paragraph 14.25.065, Completion -- Site Plan (KEDS Group did not think the lending institutions would give loans to projects that could not obtain Certificates of Occupancy and suggested instead penalties be used if the landscaping is not completed as required.) • Item 14.25.080, Expiration be changed to one year rather than 180 days. Kebschull noted the following: • The 180 day requirement was in the current code. • Staff had discussions on upcoming City projects and Public Works Manager La Shot could give an overview of some of the concerns that may arise, using the City Shop addition as an example. • The current Code and the new landscaping/site plan did not address conservation and recreation land (though there. may never be an issue with the conservation lands, there could be with recreation, an example being those houses along Lawton by the golf course) . Jack La Shot, Public Works Manager, City of Kenai -- Mr. La Shot noted the following: • The City Shop addition was a good example of a project that could have some problems, i.e. a proposed addition could result in requiring landscaping and paving and may not be appropriate for this type of development. • There is a huge airport project coming up and most of the project is located within the Conservation Zone but may not be in the future. This project will require reseeding, paving, and some sort of ground cover. • The same consideration given to Heavy Industrial should perhaps be given to Light Industrial; this was excluded from the regulations. • Enforcement is also a consideration, i.e. would staff be able to adequately enforce the new regulations with current staff. Since this is Title 14, it would fall under the Planning Department. Eldridge noted the KEDS Group also felt the paving requirement was excessive, i.e. PLANNING 8s ZONING COMMISSION MEETING FEBRUARY 22, 2006 PAGE 4 -~ VIP Subdivision; the Spur Highway was fine; and, perhaps a paving requirement would be appropriate for the Mixed Use Zone overlay (the Central Business District). Bob Springer, Building Official, City of Kenai -- Mr. Springer noted the following: • The added expenses to the public for paving is an issue as well as how the City would enforce certain aspects. • There is no real good criteria for some of the issues; when certain projects came to light, each was reviewed individually to see what would be required to comply with the ordinance. • There's a problem of interpretation as it would be difficult to allow it for one person and not another. • These are issues that could be worked out, criteria needs to be developed, and the Commission could be begin the process. Kebschull noted the following: • She would not support the exclusion of the Light Industrial zones because some parcels along the airport and Willow Street are Light Industrial; perhaps instead of creating a Mixed Use Zone, a Central Commercial Zone would be better; and, careful consideration should be given to what is really wanted in the central city of Kenai. • There are areas on Willow Street, the theater as an example, where there are potholes, mud, etc., that affects the other properties. • Paving is important in the downtown area but where the limits should be set is uncertain. • Suggested the item could be postponed until staff has more time to address the concerns. Eldridge suggested staff take another look at the paving issue, the temporary occupancy recommendations, and substitute penalties. MOTION: Commissioner Bryson MOVED to postpone PZ06-13 until brought back by staff. Commissioner Eldridge SECONDED the motion. VOTE: Amen Yes B son Yes Chase Yes Eldrid e Yes Jenckes Yes Twait Yes Romain Yes MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS 6-a. Reconsideration - PZ06-09/An application for a Conditional Use Permit for anOff--Site Catering Business for the property described as KN T06N PLANNING & ZONING COMMISSION MEETING FEBRUARY 22, 2006 PAGE 5 R11W S 34 NW1/4 SWl/4 SW1/4 NE1/4 (601 Davidson Street), Kenai, Alaska. Application submitted by Laura Ganshow dba The Family Table, 405 Birch Street, Kenai, Alaska. MOTION: Commissioner Bryson MOVED for immediate reconsideration of PZ06-09 and Commissioner Eldridge SECONDED the motion. Kebschull noted Commission was provided with a letter from D. Cheney McLennan stating the issues had been resolved between he and the Conditional Use Permit applicant and he approved the issuance of a Conditional Use Permit to the Family Table for off-site catering. VOTE ON MOTION TO RECONSIDER: Amen Yes B son Yes Chase No Eldrid e Yes Jenckes Yes Twait Yes Romain Yes MOTION PASSED UNAMINOUSLY. MOTION: Commissioner Bryson MOVED to approve PZ06-09 and Commissioner Eldridge SECONDED the motion. Amen opened the floor for public comment. Because there were no comments, the public hearing was closed. Bryson stated his reason for voting against the issue at the last meeting was because of the lack of approval of the owner. With the owner's approve, he would vote in favor now. Jenckes stated he was pleased to see the issue had been resolved and would vote in favor as well. VOTE: Amen Yes B son Yes Chase Yes Eldrid e Yes Jenckes Yes Twait Yes Romain Yes MOTION PASSED UNANIMOUSLY. Amen noted the appeal process. ITEM 7: PLANNING 8v ZONING COMMISSION MEETING FEBRUARY 22, 2006 PAGE 6 T-a. Discussion -- Ordinance No. 2146-2006 - An ordinance of the Council of the City of Kenai, Alaska enacting KMC 13.20.070 entitled "Commercial Building and Property Maintenance." Kebschull reported the issue would be before City Council at their next meeting and requested comments from the Commission. Eldridge suggested an addition to paragraph 13.10.070, Item b.1.A, stating "Tyvek is not an exterior protective coating." ITEM 8• 8-a. PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning & Zoning ITEM 9: CODE ENFORCEMENT -- None. ITEM 10: REPORTS 10-a. City Council -- Councilman Massie explained the Lockwood application had been denied by Council because it was not felt the area was suitable for storage. 10-b. Borough Planning -- Commissioner Bryson provided a brief report on action taken at the Borough's February 13, 2006 meeting. 10-c. Administration -- Kebschull reported the following: • The draft Mixed Use Zone would soon be submitted to the Attorney for review. • Referred to the State of Alaska/ Notice of Application for the City of Kenai Airport Project included in the packet and gave a brief report and added, the application process would bring the City a step closer to applying for the FAA grant. • A quorum may not be available for the March 8, .2006 meeting. Amen polled the Commission and it was determined there would not be a quorum for the March 8, 2006 meeting and it was requested the meeting be cancelled. It was determined a quorum should be present at the March 22, 2006 meeting. ITEM II: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. State of Alaska -Consistency with Alaska Coastal Management Program 12-b. Zoning Bulletin (1 / 10/ 06) ITEM 13: COMMISSION COMMENTS 8s QUESTIONS Amen announced his resignation resigning from the Commission as he was being PLANNING 8v ZONING COMMISSION MEETING FEBRUARY 22, 2006 PAGE 7 transferred out of state. Bryson thanked Amen for his service. ITEM 14: ADJOURNMENT MOTION: Commissioner Eldridge MOVED to adjourn and Commissioner Chase SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7:50 p.m. Minutes transcribed and prepared by: ~. Barbara Roper, Cont t Secretary PLANNING 8v ZONING COMMISSION MEETING FEBRUARY 22, 2006 PAGE 8