HomeMy WebLinkAbout2009-04-22 Planning & Zoning Minutes1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
d. *Excused Absences
Commissioner Wells
CITY OF KENAI
PLANNING ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
April 22, 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. *April 8, 2009
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
a. PZ09 -13 (Revised) Kenai Cemetery Expansion (A replat of Government Lots 123, 173
174.) Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska
5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.)
a. PZ09 -19 A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that the following sections of Kenai Municipal Code
by amended: 1) KMC 14.25.040(b) by requiring a six -foot high wooden fence or masonry
wall be constructed to shield between residential and commercial uses; 2) KMC 14.25.045 by
proving that property adj cent to residential zones should provide ingress d_egress to
route traffic away from residential streets and providing that some development may be
required to provide frontal roads; and 3) KMC 14.25.070 by providing a mechanism to apply
for variances.
b. PZ09 -20 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: 1) change the uses of personal services, restaurants, dormitories/boarding houses
and greenhouses /tree nurseries from principal permitted uses (P) to conditional uses (C) in
the Limited Commercial Zone (LC); 2) change mobile home parks from conditional use (C)
to not permitted (N) in the Limited Commercial Zone (LC); 3) change automotive repair
from not permitted (N) to conditional use (C) in the Limited Commercial Zone (LC); 4)
adding language to footnote 25 to clarify that tattoo parlors are personal services; and; 5)
requiring tattoo parlors to have a conditional use permit in the Townsite Historic Zoning
District (TSH)
6. OLD BUSINESS:
7. NEW BUSINESS:
a. *PZ09 -21 Application for a home occupation permit for a daycare for the property known
as Lot 5, Block 2 Sungate Parlc Subdivision (640 Tern Place), Kenai, Alaska. Application
submitted by Leslie Cottrell, 640 Tern Place, Kenai, Alaska.
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
MAPS Special Zone District Questions
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
a. Proposed Amendment to KMC 14.20.270 (Councilor Malloy)
b. P &Z Resolutions Quarterly Report 1st Quarter 2009
c. Building Permits Quarterly Report 1 Quarter 2009
d. Code Enforcement Quarterly Report 1st Quarter 2009
12. COMMISSION COMMENTS QUESTIONS:
13. ADJOURNMENT:
CITY OF KENAI
PLANNING ZONING COMMISSION
CITY COUNCIL CHAMBERS
APRIL 22, 2009 7:00 P.M
CHAIR JEFF TWAIT, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
1 -a. Roll Call
Chair Twait called the meeting to order at approximately 7:01 p.m. Roll was
confirmed as follows:
Commissioners present: J. Brookman, K. Koester, J. Twait, P. Bryson, and K. Rogers
Commissioners absent: S. Romain (excused), R. Wells (excused)
Staff /Council Liaison: Council Member R. Molloy, City Planner M. Kebschull and
City Clerk C. Freas
A quorum was present.
1 -b. Agenda Approval
The following items were requested to be added to the packet:
ADD:
MOTION:
Commissioner Member Bryson MOVED to approve the agenda, incorporating 1 -d,
addition of 1 -d, Excused Absence of Scott Romain, 5 -a, email of K. Schmidt, and 5 -b,
email of K. Schmidt. Commissioner Brookman SECONDED the motion.
VOTE:
1 -d., Excused absence of S. Romain
5 -a., Email transmission of K. Schmidt
5 -b., Email transmission of K. Schmidt
There were no objections. SO ORDERED.
1 -c.
MOTION:
Commissioner Brookman MOVED for approval of the consent agenda and
Commissioner Koester SECONDED the motion.
VOTE:
Consent Agenda
There were no objections. SO ORDERED.
1 -d.
*Excused Absences
Commissioner Wells Approved by consent agenda.
Commissioner Romain Added and approved by consent agenda.
ITEM 2: APPROVAL OF MINUTES April 8, 2009
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT None.
ITEM 4: CONSIDERATION OF PLATS
4 -a. PZ09 -13 (Revised) Kenai Cemetery Expansion (A replat of Government
Lots 123, 173 174.) Plat submitted by Integrity Surveys, 8195 Kenai
Spur Highway, Kenai, Alaska
City Planner Kebschull reviewed the staff report included in the packet, and noted the
following:
The item had been revised after the March 11, 2009 Commission meeting
and comments from that meeting made by Commissioner Bryson and the surveyor
were incorporated.
A decision was made to proceed with revising the plat to identify and
dedicate Float Plane Road and First Avenue where they were constructed and to vacate
the right -of -way easements.
The surveyor had been notified of the commission's recommendation to
show the location of the gas line and any related easements.
The final plat would show all easements.
Administration recommended approval with no contingencies.
Chair Twait read the rules of public hearing etiquette. The floor was opened for public
comment. There being no one wishing to speak, the public hearing was closed.
MOTION:
Commissioner Bryson MOVED to recommend approval of PZ09 -13 and Commissioner
Rogers SECONDED the motion.
Commissioner Bryson stated, because he had commented on the issue at the previous
Commission meeting he would recuse himself from voting on the plat at the Borough
Commission level, but would vote on the issue at the City level.
VOTE:
PLANNING ZONING COMMISSION MEETING
APRIL 22, 2009
PAGE 2
Brookman
Yes
Koester
Yes
Romain
Absent
Wells
Absent
Twait
Yes
Bryson
Yes
Rogers
Yes
MOTION PASSED UNANIMOUSLY.
ITEM 5:
5 -a. PZ09 -19 A resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska, recommending to the Council that the following
sections of Kenai Municipal Code by amended: 1) KMC 14.25.040(b) by
requiring a six -foot high wooden fence or masonry wall be constructed to
shield between residential and commercial uses; 2) KMC 14.25.045 by
providing that property adjacent to residential zones should provide
ingress and egress to route traffic away from residential streets and
providing that some development may be required to provide frontal
roads; and 3) KMC 14.25.070 by providing a mechanism to apply for
variances.
Kebschull reviewed the resolution and noted the following:
The proposed amendment to KMC 14.25.040 would provide a better
buffer between residential and commercial development, and would require a six -foot
high wooden fence or masonry wall to shield one area from the other.
The proposed amendment addresses ingress and egress for commercial
developments away from the residential streets.
The amendment would provide a mechanism for a developer to apply for
a variance from the landscape /site plan regulations.
The floor was opened for public hearing.
PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.)
Kristine Schmidt, 515 Ash, Kenai Reviewed her email submitted to the
commission at the beginning of the meeting, expressing concern with the screening,
frontage road, and variance amendments. Schmidt requested the resolution be
postponed for additional review at a work session.
Colleen Ward, 708 Magic Avenue, Kenai Stated concern with the screening
amendment and suggested it needed refined criteria.
There being no one else wishing to speak, the public hearing was closed.
MOTION:
Karen Koester MOVED to approve Resolution No. PZ09 -19 and Commissioner Bryson
SECONDED the motion.
Commission comments included:
PLANNING ZONING COMMISSION MEETING
APRIL 22, 2009
PAGE 3
Brookman
Yes
Koester
Yes
Romain
Absent
Wells
Absent
Twait
Yes
Bryson
Yes
Rogers
Yes
A question of whether fences would be required or would someone need
to request one be placed. Answer: As written, a fence would be required, however one
could apply for a variance if not wanting to place a fence.
Suggestion another work session be held to discuss further the buffer
issue.
Concern of including masonry wall to use as a buffer when none are
used in the area. Would not object to another work session on the issue.
When site plans are submitted, they would be reviewed to determine if a
buffer (fence) would be appropriate on a case -by -case basis.
Use of a masonry wall would be a prerogative (less maintenance, etc.).
Commission's comments at its work session on the issue was no chain link fence with
slats.
Expression of support of the resolution, based on the answers to the
questions asked.
MOTION TO POSTPONE:
Commissioner Bryson MOVED to postpone PZ09 -19 to take back to a work session.
Commissioner Rogers SECONDED the motion.
VOTE ON POSTPONEMENT:
MOTION PASSED UNANIMOUSLY.
5 -b. PZ09 -20 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: 1) change the uses of personal
services, restaurants, dormitories /boarding houses and
greenhouses /tree nurseries from principal permitted uses (P) to
conditional uses (C) in the Limited Commercial Zone (LC); 2) change
mobile home parks from conditional use (C) to not permitted (N) in the
Limited Commercial Zone (LC); 3) change_ automotive repair from not
permitted (N) to conditional use (C) in the Limited Commercial Zone (LC);
4) adding language to footnote 25 to clarify that tattoo parlors are
personal services; and; 5) requiring tattoo parlors to have a conditional
use permit in the Townsite Historic Zoning District (TSH).
Kebschull reviewed the resolution and noted the following:
Amendment to personal services, would change some from principal
permitted uses (P) to conditional uses (C) in the Limited Commercial zone (LC).
Automotive repair would be reclassified from not allowed (N) to
conditional use (C) in the LC zone.
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APRIL 22, 2009
PAGE 4
Requiring conditional use permit for some uses in the LC zone would
allow for greater public input.
Mobile home would be reclassified from conditional use to not allowed in
the LC zone.
Tattoo parlors, considered to be personal services, would require a
conditional use permit in the TSH zone.
The floor was opened for public hearing.
Charles Winegarden, 309 Princess, Kenai Stated he did not believe the zone was
the correct one for across from the high school or the area where a beauty salon
exists. Spoke in opposition to the resolution.
Kristine Schmidt, 513 Ash Avenue, Kenai Stated concern for current businesses
that would not be able to expand because of the changes to the zone. Spoke in
opposition to the resolution.
Todd Wortham, 47586 Grant Avenue, Kenai Stated he agreed supported the
changes but felt the personal services should be left as permitted uses.
Mark Schrag, 312 Princess, Kenai Stated he felt the resolution required additional
review and a more collaborative effort should be made with people who would be
affected by the changes.
Kathy Johnson, 5348 Kenai Spur Highway, Kenai Stated she chose to purchase
her home and build her beauty salon in the LC zone, but was concerned the changes
may prevent her from selling her business in the future.
Mark Grieger, 37125 Moser Street, Kenai Stated he worked for Anthony's
Transmission and suggested the LC zone be upgraded to a conditional use or full
commercial use and was concerned the changes would not allow the business to be
expanded.
Alex Perez, 5584 Kenai Spur Highway, Kenai Stated he was an employee of
Anthony's Transmission and wanted the business to be able to expand to better serve
the community.
Steve Payment, Jr., 35224 West Brook Drive, Kenai Stated concern the changes
to the zone would not allow expansion of the business.
Anthony Pisa, 5584 Kenai Spur Highway, Kenai Stated he was the owner of
Anthony's Transmission and was concerned with the changes and wanted to be able to
expand the business.
PLANNING ZONING COMMISSION MEETING
APRIL 22, 2009
PAGE 5
Brookman
Yes
Koester
Yes
Romain
Absent
Wells
Absent
Twait
Yes
Bryson
Yes
Rogers
Yes
Colleen Ward, 708 Magic Avenue, Kenai Stated concerns related to consistently
applying conditional use permits, pre existing businesses, and more time was needed
to review the changes to the zone.
There being no one else wishing to speak, the public hearing was closed.
MOTION:
Commissioner Koester MOVED to approve PZ09 -20 and Commissioner Bryson
SECONDED the motion.
Commission and administration comments included:
Could understand the concerns with wanting to be able to expand a pre-
existing business in the zone.
The change of zoning for the area where the transmission business was
situated was made several years back.
Wants to be sure pre- existing businesses are able to expand, sell, etc.
Consider clarification of how many stations would be allowed at a salon
with respect to the LC zone.
The proposed changes would allow the pre- existing transmission
business to apply for a conditional use permit and variance and the Commission could
place conditions on the permits if needed.
The salon conditional use permit would stay with the property.
An appraiser contacted Administration and stated he felt the changes to
the zone would not hurt the value of the salon property.
Personal services, if changed to requiring a conditional use permit, each
would be considered by the Commission and approved if it would fit in the area
provided.
Comments of support from all commissioners present.
The Commission had given a lot of review to the amendments and felt a
decision needed to be made.
VOTE:
MOTION PASSED UNANIMOUSLY.
ITEM 6:
OLD BUSINESS None.
ITEM 7: NEW BUSINESS
PLANNING ZONING COMMISSION MEETING
APRIL 22, 2009
PAGE 6
7 -a. *PZ09 -21 Application for a home occupation permit for a daycare for
the property known as Lot 5, Block 2 Sungate Park Subdivision (640
Tern Place), Kenai, Alaska. Application submitted by Leslie Cottrell, 640
Tern Place, Kenai, Alaska.
Approved by consent agenda.
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 action agenda of
the April 15, 2009 council meeting which was included in the packet and noted the
council meeting were being audio /video streamed from the city's webpage, as well as
archived there for viewing after the meeting.
9 -b. Borough Planning Commissioner Bryson reviewed the agenda and
actions taken at the April 13, 2009 Borough Planning Commission meeting which was
included in the packet.
9 -c. Administration City Planner Kebschull noted the following items:
Referred to the city attorney's memorandum included in the packet
related to MAPS Special Zone District Questions.
The MAPS Special Zoning District petition package would be reviewed at
a future work session.
The cell tower ordinance with suggested changes from Commission work
session review, was nearly finished and a work session would be scheduled upon its
completion.
Quarterly reports were included in the packet.
ITEM 10:
ITEM 11:
11 -a.
PERSONS PRESENT NOT SCHEDULED None.
INFORMATION ITEMS
Proposed Amendment to KMC 14.20.270 (Councilor Malloy)
P &Z Resolutions Quarterly Report lst Quarter 2009
Building Permits Quarterly Report 1st Quarter 2009
Code Enforcement Quarterly Report let Quarter 2009
PLANNING ZONING COMMISSION MEETING
APRIL 22, 2009
PAGE 7
ITEM 12: COMMISSION COMMENTS QUESTIONS None.
ITEM 13: ADJOURNMENT
MOTION:
Commissioner Brookman MOVED to adjourn and Commissioner Bryson SECONDED
the motion. There were no objections. SO ORDERED.
There being no further business before the Commission, the meeting adjourned at
approximately 8:07 p.m.
Minutes prepared and submitted by:
Carol L. Freas, City Clerk
PLANNING ZONING COMMISSION MEETING
APRIL 22, 2009
PAGE 8