HomeMy WebLinkAbout2009-03-25 Planning & Zoning Minutes1. CALL TO ORDER:
a.Roll Call
b.Agenda Approval
c. Consent Agenda
d. *Excused Absences
CITY OF KENAI
PLANNING ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
March 25, 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. *March 11, 2009
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
a. PZ09 -16 Tracts D1 -A D1 -B Hollier Subdivision No. 6 (A replat of Tract D -1, Hollier
SD #5). Plat submitted by Tinker Creek Surveys, PO Box 2342, Soldotna, Alaska.
5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.)
a. PZ09 -15 An application for a Conditional Use Permit to operate an Assisted Living
Facility Senior Living from the property known as Lot 10, Block 4, VIP Country
Estates Subdivision Part 5 (750 Baleen Avenue), Kenai, Alaska. Application submitted
by Nicole Balduf, 750 Baleen Avenue, Suite 1, Kenai, Alaska 99611.
6. OLD -BUSI -NESS:
7. NEW BUSINESS:
8. PENDING ITEMS:
a. PZ09 -03 A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council the enactment of KMC 14.20.255 establishing a
process for the regulation and establishment and placement of communications towers
within the City of Kenai and amending the Land Use Table in KMC 14.22.010 to provide
that communications towers /antennas are a conditional use in the CMU zone.
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
a. Landscape /Site Plan GCI /Alaska Digitel
b. Landscape /Site Plan Span Alaska Kenai
c. Zoning Bulletins (2/10/09 2/25/09)
12. COMMISSION COMMENTS QUESTIONS:
13. ADJOURNMENT:
ITEM 1: CALL TO ORDER
1 -a. Roll Call
p.m. Roll was confirmed
Commissioners present:
Commissioners absent:
Staff /Liaison Present:
A quorum was present.
1 -b.
MOTION:
Agenda Approval
1 -c. Consent Agenda
MOTION:
1 -d. Excused Absences None.
CITY OF KENAI
PLANNING ZONING COMMISSION
CITY COUNCIL CHAMBERS
MARCH 25, 2009 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
Chair Twait called the meeting to order at approximately 7:01
as follows:
P. Bryson, K. Rogers, G. Brookman, K. Koester, S. Romain,
R. Wells, J. Twait
None
Council Member R. Molloy, City Planner M. Kebschull, and
City Clerk C. Freas
The following items were requested to be added to the packet:
ADD TO: 5 -a, PZ09 -16 Photographs of the property applying for a Conditional
Use Permit.
Commissioner Wells MOVED for approval of the agenda with the addition of the Item
5 -a lay down information. Commissioner Brookman SECONDED the motion. There
were no objections. SO ORDERED.
Commissioner Rogers MOVED to approve the consent agenda as presented and
commissioner Brookman SECONDED the motion. There were no objections. SO
ORDERED.
*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 March 11, 2009
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT None.
ITEM 4: CONSIDERATION OF PLATS
4 -a. PZ09 -16 Tracts D 1 -A D 1 -B Hollier Subdivision No. 6 (A replat of Tract D -1,
Hollier SD #5). Plat submitted by Tinker Creek Surveys, PO Box 2342, Soldotna,
Alaska.
City Planner Kebschull reviewed the staff report which was included in the packet,
noting the following:
The request was for a preliminary subdivision plat to subdivide a large
parcel into two tracts.
The resulting parcels would meet the minimum lot size for the Rural
Residential zone.
City water and sewer were not available.
The parcels would be accessed from Hollier Street, off Beaver Loop Road.
Because Hollier Street was platted, but not developed, the City would
need to verify if the street would meet City road standards.
It appeared the plat would meet the requests of Borough and State
waiver requirements and if so, the City could not require an installation agreement to
bring the street to city standards.
The owner would need to recognize that if the street was not built to
minimum city standards, the City could not issue building permits.
Staff recommended approval of the plat with the stipulations that when
weather permits, the City would verify the status of Hollier Street and if Hollier Street
was not built to City Standards, the City would not issue building permits on the
tracts of land.
The floor was opened for public hearing with rules of public hearing stated by Twait.
Gary Hollier, 43680 Ross Street, Soldotna Hollier noted the following:
He waQrepresenting his_moIher,_owner, of the__propprty_, nd _spoke_in__
support of the resolution.
He understood and agreed with the statements Kebschull made with
regard to Hollier Street.
It was the intent one of the parcels would be deeded to his daughter for
her to build a home.
There being no one else wishing to speak, the public hearing was closed.
MOTION:
PLANNING ZONING COMMISSION MEETING
MARCH 25, 2009
PAGE 2
Bryson
Yes
Rogers
Yes
Brookman
Yes
Koester
Yes
Romain
Yes
Wells
Yes
Twait
Yes
Commissioner Romain MOVED to approve PZ09 -16 with the inclusion of the staff
recommendations. Commissioner Wells SECONDED the motion.
VOTE:
MOTION PASSED UNANIMOUSLY.
ITEM 5:
PUBLIC HEARINGS
5 -a. PZO9 -15 An application for a Conditional Use Permit to operate an Assisted
Living Facility Senior Living from the property known as Lot 10, Block 4, VIP
Country Estates Subdivision Part 5 (750 Baleen Avenue), Kenai, Alaska. Application
submitted by Nicole Balduf, 750 Baleen Avenue, Suite 1, Kenai, Alaska 99611.
Kebschull reviewed the staff report included in the packet and noted the following:
The application was for a conditional use permit to operate an assisted
living facility.
City became aware of the business being run from the property and
notified the property owner of requirements; the applicant then applied for the
conditional use permit.
Although the business is licensed to care for two individuals, the owner
is in the process of licensing for a maximum of five individuals.
The business was low impact to the neighborhood.
The pictures added to the packet indicated adequate parking was
available.
Staff recommended approval with the requirements including the facility
be inspected by the Fire Marshal for compliance with the fire code prior to approval of
the permit and thereafter, be inspected every other years; occupancy be limited to the
number of occupants permitted by the State, with a maximum of five (5) occupants;
copies of the State of Alaska license(s) be provided to the City; and, the applicant
provide proof of Borough sales tax registration.
The _floor _was opened for_ public. hearing.
Charles Obendorf, Soldotna Spoke in support of the resolution, noting a family
member was a resident of the facility and he and his wife were very impressed with the
care provided.
Commissioner comments included:
Commissioner Koester noted she owned property adjacent to the subject
property but had no financial or monetary relationship to the property or property
owners.
BREAK TAKEN: 7:19 P.M.
PLANNING ZONING COMMISSION MEETING
MARCH 25, 2009
PAGE 3
Bryson
Yes
Rogers
Yes
Brookman
Yes
Koester
Yes
Romain
Yes
Wells
Yes
Twait
Yes
BACK TO ORDER: 7:21 P.M.
VOTE:
MOTION PASSED UNANIMOUSLY.
Twait noted the 15 -day period during which an appeal could be filed with the City
Clerk.
ITEM 6: OLD BUSINESS None.
ITEM 7: NEW BUSINESS None.
ITEM 8: PENDING ITEMS
PZ09 -03 A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council the enactment of KMC 14.20.255 establishing a
process for the regulation and establishment and placement of communications
towers within the City of Kenai and amending the Land Use Table in KMC 14.22.010
to provide that communications towers /antennas are a conditional use in the CMU
zone.
ITEM 9: REPORTS
9 -a. City Council Council Member Molloy reviewed the March 18, 2009
council meeting action agenda included in the packet, noting actions taken,
discussions held, and work sessions scheduled.
9 -b. Borough Planning Commissioner Bryson reviewed the March 23,
2009 Borough Planning Commission meeting agenda which was included in the
packet, and noted actions taken.
9 -c.- Administration City Planner Kebschull reported the following items:
Reminded commissioners to indicate to the City Clerk whether they
would be able to attend the April 4, 2009 effective meetings training.
Reminded the Commission their City Financial Disclosure Forms were
due to the City Clerk on or before April 15, 2009.
She met with representatives of the Russian Orthodox Church regarding
restoration of the Church. The issue would come before the Commission in the future
for approval of permitting.
There would be a public hearing at the next scheduled meeting as well as
a work session related to suggested amendments to the Limited Commercial (LC) Zone.
She would be out of town from April 9 -20, back for a few days and then
to a conference.
PLANNING ZONING COMMISSION MEETING
MARCH 25, 2009
PAGE 4
Proposed changes to the LC Zone would not address signs, but the sign
code did.
The antenna ordinance was receiving final review with some changes
being incorporated. A work session would be scheduled in the near future.
ITEM 10: PERSONS PRESENT NOT SCHEDULED None.
ITEM 11: INFORMATION ITEMS
ITEM 12:
ITEM 13:
MOTION:
Carol L. Freas, ity Clerk
Landscape /Site Plan GCI /Alaska Digitel
Landscape /Site Plan Span Alaska Kenai
Zoning Bulletins (2/10/09 86 2/25/09)
COMMISSION COMMENTS QUESTIONS None.
ADJOURNMENT
Commissioner Rogers MOVED to adjourn and Commissioner Brookman SECONDED
the motion. There were no objections. SO ORDERED.
There being no further business before the commission, the meeting was adjourned at
approximately 7:40 p.m.
Minutes prepared and submitted by:
PLANNING ZONING COMMISSION MEETING
MARCH 25, 2009
PAGE 5