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Home My WebLink About2009-02-11 Planning & Zoning MinutesCALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS February 11, 2009 7:00 p.m. *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 28, 2009 3. SCHEDULED PUBLIC COMMENT. (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) a. PZ09 -04 A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.260 be amended to better provide for enforcement for violations of the Kenai City Code and to provide for appeal of administrative enforcement orders to the Board of Adjustment. b. PZ09 -05 An application for a Conditional Use Permit to operate a Vocational Center from the property known as Tract A -1A, Cone Tracts A -1A A -1B (2880 Beaver Loop Road), Kenai, Alaska. Application submitted by Frontier Community Services, 43335 K- Beach Road, Suite 36, Soldotna, Alaska 99669. e. -PZ09 -06- An- application- to- rezone properties -North- of- the- Kenai -Spur- Highway corridor from McCollum Drive West to No -Name Creek from Rural Residential 1(RR1) and Conservation (C) to Limited Commercial (LC). Application submitted by Rick Koch, City Manager for Kenai City Council, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. 6. NEW BUSINESS: a. PZ09 -08 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.240(c)(6) be amended to allow an extension for the ninety (90) day time limit for skirting in mobile homes placed in mobile home parks Discussion Set Public Hearing. 7. PENDING ITEMS: a. PZ07 -25 Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. 8. REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 10. INFORMATION ITEMS: a. 2008 Annual Report Extraction of Natural Resources b. 2008 Annual Certified Local Government Report c. Reappointment letters Commissioners Rogers, Koester Twait d. "Zoning Bulletin" 1/10/09 11. COMMISSION COMMENTS QUESTIONS: 12. ADJOURNMENT: CITY OF KENAI PLANNING ZONING COMMISSION FEBRUARY 11, 2009 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:01 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: S. Romain, R. Wells, J. Twait, P. Bryson, K. Rogers, J. Brookman, K. Koester Staff /Council Liaison present: City Planner M. Kebschull, Planning Zoning Administrative Assistant N. Carver, Council Liaison R. Molloy A quorum was present. 1 -b. Agenda Approval Commissioner Bryson read the following requested changes to the agenda: ADD TO: 5 -b. Letter from Mavis Cone Email Correspondence (Winegarden /Graves) MOTION: Commissioner Brookman MOVED to approve the agenda with the above mentioned lay downs and Commissioner Romain SECONDED the motion. There were no objections. SO- ORDERED. 1 -c. MOTION: Consent Agenda Commissioner Romain MOVED to approve the consent agenda and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. 14. *Excused Absences Approved by the 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. ITEM 2: *APPROVAL OF MINUTES January 28, 2009 Approved by the consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS 5 -a. PZ09 -04 A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.260 be amended to better provide for enforcement for violations of the Kenai City Code and to provide for appeal of administrative enforcement orders to the Board of Adjustment. Kebschull reviewed the staff report included in the packet. Twait read the rules for public hearing and opened the meeting to public hearing. The following people spoke in opposition to the resolution: Debbie Sonberg, 410 Cinderella, Kenai Becky Espy, 903 Magic, Kenai Roy Espy, 403 McCollum, Kenai There being no further comments, the public hearing was closed. MOTION: Commissioner Bryson MOVED to approve _PZ09 -04.and Commissioner_Romain SECONDED the motion. Commissioner comments included: The Code had been made more specific regarding junk and debris. Civil fines would be lowered from $1000 to $250 per day. The process of code enforcement was complaint driven and included a site visit, contacting the individual, following up with a letter, and working with the individual to bring the situation into compliance. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 11, 2009 PAGE 2 Romain YES Wells YES Twait YES Bryson YES Rogers YES Brookman YES Koester YES There was no appeal process currently and once cited, the individual must go to court. In the new resolution, there would be 15 days to appeal to the Board of Adjustment. VOTE: MOTION PASSED UNANIMOUSLY. 5 -b. PZ09 -05 An application for a Conditional Use Permit to operate a Vocational Center from the property known as Tract A -1A, Cone Tracts A -1A 86A-1B (2880 Beaver Loop Road), Kenai, Alaska. Application submitted by Frontier Community Services, 43335 K -Beach Road, Suite 36, Soldotna, Alaska 99669. Kebschull reviewed the staff report included in the packet, noting the history of the property and the list of requirements from the building official necessary prior to permitting. Twait opened the meeting to public hearing. The following people spoke in opposition to the application: Laura Sievert, 3329 Beaver Loop, Kenai concerned with increased traffic and felt the application did not fit into the Comprehensive Plan. Curt Wilcox, 3329 Beaver Loop, Kenai Mark Schrag, 312 Princess, Kenai Kellie Kelso, 117 Walker Lane, Kenai Debbie Sonberg, 410 Cinderella, Kenai There being no further comments, the public hearing was closed. MOTION:- Commissioner Romain MOVED to approve PZ09 -05 and Commissioner Wells SECONDED the motion. MOTION TO AMEND: Commissioner Bryson MOVED to amend the motion to include staff recommendations and Commissioner Romain SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 11, 2009 PAGE 3 Romain YES Wells YES Twait YES Bryson YES Rogers YES Brookman YES Koester YES Romain YES Wells YES Twait YES Bryson YES Rogers YES Brookman YES Koester YES Romain NO Wells NO Twait ABSTAIN Bryson NO Rogers NO Brookman NO Koester ABSTAIN VOTE ON THE AMENDMENT: MOTION PASSED UNANIMOUSLY. VOTE ON MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. Twait explained an appeal of the preceding action may be filed with the City Clerk within 15 days of the action taken. 5 -c. PZ09 -06 An application to rezone properties North of the Kenai Spur Highway corridor from McCollum Drive West to No -Name Creek from Rural Residential 1(RR1) and Conservation (C) to Limited Commercial (LC). Application submitted by Rick Koch, City Manager for Kenai City Council, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. Chair Twait passed the gavel to Vice Chair Romain. Vice Chair Romain reported his agreement with the City Attorney's findings regarding the conflict of interest, noting Twait did not have a monetary conflict of interest and neither Twait nor Koester were guilty of prejudgment. MOTION: Commissioner Bryson MOVED to overturn the prejudgment and Commissioner Brookman SECONDED the motion. VOTE: MOTION FAILED UNANIMOUSLY. MOTION: PLANNING AND ZONING COMMISSION MEETING FEBRUARY 11, 2009 PAGE 4 Romain NO Wells NO Twait ABSTAIN Bryson NO Rogers NO Brookman NO Koester NO Commissioner Bryson MOVED to overturn the monetary conflict of interest and attach the February 4, 2009 memo from the City Attorney. Commissioner Brookman SECONDED the motion. VOTE: MOTION FAILED UNANIMOUSLY. Vice Chair Romain returned the gavel to Chair Twait. Kebschull reviewed the staff report included in the packet. Twait opened the meeting to public hearing. Glenn Clifford, Kenai Spoke in support of the rezone. Sherri James, 303 Cinderella, Kenai Spoke in opposition to the rezone, noting traffic issues and possible rent increases. Peter Blander, 40195 Frogberry, Kenai Spoke in support of the rezone, believing it to be a positive move for the city. The following people spoke in opposition to the rezone, noting concerns expressed in the packet of information submitted by the MAPS residents and included in the Commission packet: Roy Espy, 403 McCollum, Kenai Chuck Winegarden, 309 Princess, Kenai Dave Spence, former Kenai Central High School Principal Don Wright, 604 McCollum, Kenai Greg Daniels, 426 Rogers Road, Kenai JoAnn Buzzell, 381 Senior Court, #103, Kenai Wally Ward, -708- Magio,-Kenai Kellie Kelso, 117 Walker Lane, Kenai John Espy, 403 McCollum, Kenai Ed Steiner, 4192 Beaver Loop, Kenai Stated he enjoyed a compact city center allowing for pedestrian traffic. Sylvia Stewart, 401 McCollum, Kenai Justin Wilhusen, 306 Hutto, Kenai Glenda Feeken Spoke in support of the rezone. PLANNING AND ZONING COMMISSION MEETING FEBRUARY 11, 2009 PAGE 5 Additional people who spoke in opposition to the rezone: Jessica Wilhusen, 306 Hutto, Kenai Richard Kelso, 117 Walker Lane, Kenai Kevin Dix, 306 Princess, Kenai Janine Espy, 403 McCollum, Kenai Walt Ward, 708 Magic, Kenai Todd Wortham, 47586 Grant Avenue, Kenai Spoke in support of the rezone. Colleen Ward, 708 Magic, Kenai Spoke in opposition to the rezone. Blaine Gilman, 216 Susieanna, Kenai Spoke in support of the rezone, noting a mix of low volume businesses and residences was part of the Comprehensive Plan Patricia Falkenberg, 399 McCollum, Kenai Spoke in opposition to the rezone. BREAK: 9:20 P.M. BACK TO ORDER: 9:35 P.M. Additional people who spoke in opposition to the rezone: Debbie Sonberg, 410 Cinderella, Kenai Mark Schrag, 312 Princess, Kenai Becky Espy, 903 Magic, Kenai Kellie Wannamaker, 603 Magic, Kenai Kristine Schmidt, 513 Ash, Kenai Leonora Fraiser, 391 W. Rockwell, Soldotna There being no further comments, the public hearing was closed. MOTION: Commissioner Romain MOVED to approve PZ09 -06 and Commissioner Wells SECONDED the motion. ____Commissioner_.comments. included:._.___.____ The highway could serve as a buffer. Thanked all citizens for their input. Concerned over further strip zoning along the highway. Need to consider the best interest of all citizens. Traffic concerns are understood. Some were not in support of all parts of the Limited Commercial Zone. The civility of the public was appreciated. VOTE: PLANNING AND ZONING COMMISSION MEETING FEBRUARY 11, 2009 PAGE 6 Romain YES Wells NO Twait YES Bryson NO Rogers NO Brookman NO Koester YES MOTION FAILED. BREAK: 10:16 P.M. BACK TO ORDER: 10:20 P.M. ITEM 6: NEW BUSINESS 6 -a. PZ09 -08 Discussion, Set Public Hearing A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.240(c)(6) be amended to allow an extension for the ninety (90) day time limit for skirting in mobile homes placed in mobile home parks. Kebschull reviewed the staff report included in the packet, noting a public hearing would be during the February 25, 2009 meeting. ITEM 7: PENDING ITEMS 7 -a. PZ07 -25 Recommending Council enact KMC 9.10.015 to require dumpsters be screened on at least three sides. ITEM 8: REPORTS 8 -a. City Council Council Member Molloy reviewed the action agenda of the February 4, 2009 City Council meeting. 8 -b. Borough Planning Borough Planning Commissioner Bryson reviewed the agenda of the February 9, 2009 Borough Planning meeting. 8 -c. Administration Kebschull reviewed the materials listed under Information Items and noted the cell tower ordinance would probably be postponed. ITEM 9: PERSONS PRESENT NOT SCHEDULED None ITEM 10: INFORMATION ITEMS 10 -a. 2008 Annual Report Extraction of Natural Resources 10 -b. 2008 Annual Certified Local Government Report 10 -c. Reappointment letters Commissioners Rogers, Koester Twait PLANNING AND ZONING COMMISSION MEETING FEBRUARY 11, 2009 PAGE 7 10 -d. "Zoning Bulletin" 1/10/09 ITEM 11: COMMISSION COMMENTS QUESTIONS Koester None Brookman None Wells Reported the Kenai Historical Society was busy planning the relocation of historical cabins from the Ft. Kenay property. Romain None Bryson Apologized to Wells for interrupting earlier in the meeting. Rogers None ITEM 12: ADJOURNMENT MOTION: Commissioner Romain MOVED to adjourn and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 10:30 p.m. Minutes prepared and submitted by: C cLi4^ 4cxx.F Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING FEBRUARY 11, 2009 PAGE 8