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HomeMy WebLinkAbout2007-02-14 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS February 14, 2007 ~ 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Excused Absences d. 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. *January 24, 2007 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ07-OS - An application to rezone multiple parcels in the City of Kenai to the Central Mixed Use zone. The area includes parcels currently zoned General Commercial, Central Commercial, Light Industrial and Subuxban Residential. The area is north and south of the Kenai Spur Highway and includes properties between Bridge Access Road and Upland Street and properties along Main Street Loop, North Willow Street and Airport Way. A map of the area is available at City Hall or on the City's web page at httpa/www.ci.kenai.ak.us. Application submitted by the City of Kenai's Planning and Zoning Commission. 6. OLD BUSINESS: a. PZ07-OS -Preliminary plat for Williams Subdivision & ROW Easement Vacation {A resubdivision of Government Lot 941ocated within the SE'/a Section 34, T6N, R11W, S.M.). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. (Postponed from 1124/07.) 7. NEW BUSINESS: a. *PZ07-09 -Application for a home occupation permit for a daycare for the property known as Lat 7, Block 2 Bush Lanes Subdivision {1228 Lilac Lane), Kenai, Alaska. ,~ Application submitted by Tammy Christin, 1228 Lilac Lane, Kenai, Alaska. S. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. LandscapelSite Plan -- Lowe's b. Zoning Bulletin (1115107) c. Extraction of Natural Resources Annual Report d. 2006 Code Enforcement Summary 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI f PLANNING & ZONING COMMISSION FEBRUARY 14, 2007 7:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIRMAN JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Twait called the meeting to order at 7:00 p.rn. 1-a. Roll Call The roll was taken by Contract Secretary Roper and confirmed as follows: Commissioners present: T. Lewis, J. Jenckes, R. F~.illinck, S. Rornain, R. Wells, J. Twait, P. Bryson Others present: Council Member R. Ross, City Planner M. Kebschull, Contract Secretary B. Roper A quorum was present. } 1-b. Agenda Approval Chairman 'wait noted a correction to the agenda, ltem 2-a, the date should be January 24, 2007. MOTION: Commissioner F~.illinck MOVED to approve the agenda with the noted correction. Commissioner Lewis SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Jenckes MOVED to approve the consent agenda and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- January 24, 2007 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None l ITEM 5: PUBLIC HEARINGS 5-a. PZ07-08 - An application to rezone multiple parcels in the City of Kenai to the Central Mixed Use zone. The area includes parcels currently zoned General Commercial, Central Commercial, Light Industrial and Suburban Residential. The area is north and south of the Kenai Spur Highway and includes properties between Bridge Access Road and Upland Street and properties along Main Street Loop, North Willow Street and Airport Way. A map of the area is available at City Hall or on the City's web page at http: / /www.ci.kenai.ak.us. Application submitted by the City of Kenai's Planning and Zoning Commission. City Planner Kebschull noted the following: • The proposed rezone is a culmination of approximately two years of meetings for the Commission. • it is an application by the Commission to rezone a large area in the central downtown area to Central Mixed Use. • The zone was developed at the recommendation of the Commission after several work sessions and after reviewing the goals of the Comprehensive Plan. • The proposed rezone rneets the criteria of the code for an amendment to the official zoning map. • The proposed rezone encompasses an area containing 329 parcels and approximately 241.47 acres. 1 • Notices were sent to all property owners in the proposed area and there was minimal comment regarding the rezone; those who responded were comfortable with the change. • Staff recommended approval. Twait read the rules pertaining to public comment then opened the public hearing. John J. Williams, P.O. Box 459, Kenai, Alaska 99fi11 -- Williams noted he owns property in the Old Tawn area asked if the new zone would allow the same use on his property, i.e., office space, small business and light retail? City Planner Kebschull indicated that it would not be affected. Williams also asked if the lot size would be a hindrance if one wanted to build in the future? Kebschull responded that if one wanted to build, the lot would be considered non-conforming but could be built on if the setbacks were met and a site plan provided. Kebschull added, if those items could not be met, the applicant could apply for a variance. It was clarified the fire safety requirements remained in place. Rita Smagge, Kenaitze Indian Tribe, Kenai, Alaska -- Ms. Smagge stated she was representing the Kenaitze Indian Tribe and indicated they had property in the Old Town area. It was determined the property was not affected by the rezone. The public comment portion of the meeting was closed. PLANNING & ZONING COMMISSION MEETING FEBRUARY 14, 2007 PAGE 2 MOTION: Commissioner Romain MOVED to approve PZ07-08 and Commissioner Jenckes SECONDED the motion. VOTE: Lewis Yes Jenckes Yes Fullinck Yes Rornain Yes Wells Yes Twait Yes B son Yes MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS 6-a. PZ07-05 -Preliminary plat for Williams Subdivision 8v ROW Easement Vacation (A resubdivision of Government Lot 94 located within the SE ~/4 Section 34, T6N, R1IW, S.M.) Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. (Postponed from 1/24/07.) Kebschull referred to the staff report included in the packet and noted the following: • This item was postponed from the January 24~h meeting at the request of the property owner. • Administration believed the plat was formalizing a vacation that was } approved in 2005. The applicant's surveyor advised that was not the case and the vacation process was started again. • In 2005, the 33-foot right of way easement vacation was approved but the City required a 15-foot utility easement; the utility easement was being retained to support a future expansion of the City's water system; the water system was constructed on, a grid system for future expansion; and, the system allows for an expansion from Highbush Lane to Baker Street in the area of the proposed vacation. • Since the vacation was again being initiated, the Commission's comments would be forwarded to the Borough who will approve or deny the vacation. If the request is approved by the Borough Planning Commission, the City Council would have thirty days to veto the decision. • Administration's recommendation to Council would be to deny the vacation if the 15-foot easement would not be dedicated. Chairman Twait opened the meeting for public comment. John J. Williams, P.O. Box 459, Kenai, Alaska -- Williams noted the following:: • He believed it would be too costly to install a water system in that area da to the contours of the land and the easement then unnecessary. • He requested the Commission review the issue from his perspective and withdraw the 15-foot utility easement requirement and then return the plat to the Borough for total vacation. PLANNING Sv ZONING COMMISSION MEETING FEBRUARY 14, 2007 PAGE 3 l • The easement would not cause an economic issue, however the city had J encroached on the easement. The public hearing portion of the meeting was closed. Commissioner Bryson explained he will be voting on this issue at the Borough level and therefore, would abstain from voting at the city level. Discussion following related to the request for vacation of the 15-foot utility easement with comments including: • Kebschull provided a photo which indicated the grid and how the water line would be placed if there was ever a need. • Kebschull indicated this was an unusual situation as normally the vacation would go to the Borough first and if it approved, would then be forwarded to the City Cauncii for consideration. • Williams agreed and noted he would discuss the process with his surveyor. AMENDMENT TO MAIN MOTION: Commissioner Lewis MOVED to amend the main motion by including staff recommendations that the plat must be corrected to show the 15-foot utility easement along the south property line. Commissioner Jenckes SECONDED the motion. } VOTE ON AMENDED MOTION: Lewis Yes Jenckes Yes Fuilinck Yes Romain Yes Wells Yes Twait Yes B son Abstain MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: Lewis Yes Jenckes No Fullinck Yes Romain No Wells No Twait Yes B son Abstain MOTION FAILED. ITEM 7: NEW BUSINESS 7-a. PZ07-09 -Application for a home occupation permit for a daycare for the property known, as Lot 7, Block 2 Bush Lanes Subdivision (1228 Lilac Lane), Kenai, Alaska. Application submitted by Tammy Christin, 1228 Lilac Lane, Kenai, Alaska. PLANNING 8v ZONING COMMISSION MEETING FEBRUARY 14, 2007 PAGE 4 Approved by consent agenda. ITEM 8: PENDING ITEMS -- None ITEM 9: CODE ENFORCEMENT -- None ITEM 10• REPORTS 10-a. City Council -- Council Member Ross reviewed the action agenda of the February 7, 2007 City Council meeting. 10-b. Borough Planning -- Bryson provided a report based on actions taken at the Borough's February 12, 2007 Planning meeting. 10-c. Administration -- City Planner Kebschull reported the following: • Planning 8s Zoning training was being made available for Commissioners and requested anyone interested contact her. Commissioners Lewis and Fullinck advised they would attend and Commissioners Wells and Romain stated they would contact Kebschull with their decision. • The home occupation. approved by consent agenda will came before the Comzxiission for a Conditional Use Permit at the next meeting. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. Landscape/Site Plan - Lowe's 12-b. Zoning Bulletin (1 / 15/07) 12-c. Extraction of Natural Resources Annual Report 12-d. 2006 Code Enforcement Summary ITEM 12: COMMISSION COMMENTS 8a QUESTIONS Commissioner Jenckes resigned his seat on the Commission, effective immediately. Commissioner Wells stated he discussed a junk ordinance with Mayor Porter and would like to have the email he received from staff provided to the Commission for their review. City Planner Kebschull noted she would forward the email and documentation, however, the ordinance did not affect Title 14. She also explained, although the Commission has no authority outside of Title 14, Council could request through administration the Commission review and comment. Kebschull was requested to include the issue as a discussion item on the next meeting agenda. ITEM 13: ADJOURNMENT PLANNING & ZONING COMMISSION MEETING FEBRUARY 14, 2007 PAGE 5 MOTION: Commissioner Fuilinck MOVED to adjourn and Commissioner Lewis SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:15 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANNING 8s ZONING COMMISSION MEETING FEBRUARY 14, 2007 PAGE 6