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HomeMy WebLinkAbout2009-06-10 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 June 10, 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. *May 27, 2009 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) a. PZ09 -29 An application to rezone Lot 1E, Killen Estates Collier Replat (1703 Redoubt Avenue), from a split zone (RS Suburban Residential and RR Rural Residential to Rural Residential (RR). Application submitted by Don Collier, 1703 Redoubt Avenue, Kenai, Alaska b. PZ09 -30 An application for a Conditional Use Permit for outside storage and a Variance for a 6 -foot fence, for the property known as 2021 Wyatt Way, Kenai, Alaska. Application submitted by Lynford Disque, P.O. Box 2201, Kenai, Alaska. e. PZ09 -33 -An- application for -a- Variance for a 6 -foot high fence, for the. property known as 2021 Wyatt Way, Kenai, Alaska. Application submitted by Lynford Disque, P.O. Box 2201, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. Ordinance Establishing Standards for Wind Energy Systems (Wind Turbines) Discussion Set Public Hearing. b. Code Amendment Non Conforming Uses Discussion. 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. b. 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. c. PZ09 -18 A resolution of the Planning Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. 9. REPORTS: a. City Council b. Borough Planning c. Administration PZ09 -34 An amendment to the Land Use Table Limited Commercial Zone. An amendment to Kenai Code of Ordinances providing for regulation of communication towers in the City of Kenai. 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Landscape /Site Plan City of Kenai Public Picnic Pavilion b. Landscape /Site Plan Salamatof Native Association Office Building c. Landscape /Site Plan Kenai Central High School Ski Shack Building d. Zoning Bulletin (5/10/09) 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING ZONING COMMISSION JUNE 10, 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: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -b. Agenda Approval Commissioner Bryson read the following changes to the agenda: ADD: MOTION: R. Wells, J. Twait, P. Bryson, K. Koester, S. Romain K. Rogers, J. Brookman City Planner M. Kebschull, Administrative Assistant to City Planner N. Carver, Council Member R. Ross 1 -d. Excused Absences Kurt Rogers, Jerry Brookman 9 -c. Administration Report Excerpt from Council Meeting of 6 -3 -09 Commissioner Bryson MOVED to approve the agenda with the requested changes and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED 1 -c. Consent Agenda MOTION: Commissioner Romain MOVED to approve the consent agenda and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. 1 -d. *Excused Absences Approved by consent agenda. *All items listed with an asterisk are considered to be routine and non- Wells YES Twait YES Bryson YES Rogers _EXCUSED Brookman EXC.USED.. Koester YES Romain YES 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 May 27, 2009 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS 5 -a. PZ09 -29 An application to rezone Lot 1E, Killen Estates Collier Replat (1703 Redoubt Avenue), from a split zone (RS Suburban Residential and RR Rural Residential to Rural Residential (RR). Application submitted by Don Collier, 1703 Redoubt Avenue, Kenai, Alaska. City Planner Kebschull reviewed the staff report included in the packet, noting the rezone would eliminate a split zone situation. Twait read the rules of public hearing and opened the meeting to public hearing. The floor was opened to public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Wells MOVED to approve PZ09 -29 and Commissioner Romain SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. 5 -b. PZ09 -30 An application for a Conditional Use Permit for outside storage and a Variance for a 6 -foot fence, for the property known as 2021 Wyatt Way, Kenai, Alaska. Application submitted by Lynford Disque, P.O. Box 2201, Kenai, Alaska. PLANNING AND ZONING COMMISSION MEETING JUNE 10, 2009 PAGE 2 Kebschull reviewed the staff report included in the packet, recommending approval with the following requirements: 1. Variance for a six -foot fence (6') high sight- obscuring fence must be approved. 2. Variance to only screen the property along Wyatt Way must be approved. 3. Obtain a current State of Alaska business license. 4. Register for sales tax with the Kenai Peninsula Borough. 5. Remove the unsafe mobile home from property. 6. Remove all junk vehicles not pertaining to the "Dodge" restoration business. These vehicles are identified from the inventory dated September 18, 2006. 7. Miscellaneous debris and junk must be removed from the site. 8. No additional vehicles may be moved to the storage yard. 9. Permit is valid for a period of five (5) years. Prior to expiration, an application to renew the permit must be obtained. 10. Permit will not be issued until Conditions #1, 2, 3, 4, 5, and 6 have been met. Conditions must be met within 60 days of the date of the public hearing. Twait opened the floor to public hearing. Lynford Disque, property owner, 2021 Wyatt Way Reported he planned to build a retirement home on the property and needed more than 60 days to comply. Tom Moore, 8080 Kenai Spur Highway Spoke in favor of the recommendations proposed by staff, noting he owned the property across the street. Nancy Carver, Administrative Assistant to City Planner Reported she took over the case in November 2007 when code enforcement was transferred to Planning and Zoning; numerous letters were sent to the owner; the case went to court in October 2008; and, in April 2009, the Judge requested the owner follow through with the procedures for Conditional Use Permit. There being no further comments, the public hearing was closed. MOTION: Commissioner. Romain MOVED_ to._ approve PZ09 -30 with. staff recommendations and Commissioner Bryson SECONDED the motion. MOTION TO AMEND: Commissioner Bryson MOVED to amend Recommendation #10 to read "Conditions must be met by May 31, 2010." Commissioner Romain SECONDED the motion. VOTE: Wells NO I Twait I YES Bryson 1 YES PLANNING AND ZONING COMMISSION MEETING JUNE 10, 2009 PAGE 3 Wells YES Twait YES Bryson YES Rogers EXCUSED Brookman EXCUSED Koester YES Romain YES Wells YES Twait YES Bryson YES Rogers EXCUSED Brookman EXCUSED Koester YES Romain YES Rogers EXCUSED Brookman EXCUSED Koester YES Romain YES I MOTION TO AMEND PASSED. MOTION TO AMEND: Commissioner Bryson MOVED to amend the recommendations by adding: 11. Applicant must supply quarterly reports regarding the status of clean up to staff. Commissioner Romain SECONDED the motion. VOTE TO AMEND: MOTION TO AMEND PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. Twait read the appeal process procedure. 5 c. PZO9 33 An application for a Variance for a 6 -foot high fence, for the property known as 2021 Wyatt Way, Kenai, Alaska. Application submitted by Lynford Disque, P.O. Box 2201, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, noting the variance was from the requirement of an eight- foot (8') fence to a six-foot (6`) from screening the entire property to screening along Wyatt Way, including sight obscuring fencing and gate. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. MOTION: PLANNING AND ZONING COMMISSION MEETING JUNE 10, 2009 PAGE 4 Wells YES Twait YES Bryson YES Rogers EXCUSED Brookman EXCUSED Koester YES Romain YES Commissioner Romain MOVED to approve PZ09 -33 with staff recommendations and Commissioner Koester SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. Twait read the appeal process procedure. ITEM 6: OLD BUSINESS None ITEM 7: NEW BUSINESS 7 -a. Discussion Set Public Hearing Ordinance Establishing Standards for Wind Energy Systems. (Wind Turbines) Kebschull suggested a work session to be scheduled to discuss zones and minimum heights. Commission requested Kebschull schedule a work session at a future meeting. 7 -b. Discussion Code Amendment Non Conforming Uses. Commission supported Option 5 be used to create a draft ordinance to be brought before the Commission at a future date. ITEM 8: PENDING ITEMS 8 -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. 84. 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 PLANNING AND ZONING COMMISSION MEETING JUNE 10, 2009 PAGE 5 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. 8 -c. PZ09 -18 A resolution of the Planning Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. ITEM 9: REPORTS 9 -a. City Council Council Member Ross reviewed the action agenda items from the June 3, 2009 City Council meeting included in the packet. 9 -b. Borough Planning Commissioner Bryson reviewed the agenda from the June 8, 2009 meeting included in the packet. 9 -c. Administration Kebschull noted PZ09 -34 would be at the next meeting as a public hearing; a draft ordinance on non conforming use would be at the next meeting; an ordinance on uses within the Townsite Historic District would be at a future meeting; and, the cell tower ordinance would be at the June 24 meeting for public hearing. Kebschull also reported the MAPS Special Zone group would be meeting with staff with regard to PZ09 -18, and then a work session would be scheduled for a future meeting. ITEM 10: ITEM 11: PERSONS PRESENT NOT SCHEDULED INFORMATION ITEMS 11 -a. Landscape /Site Plan City of Kenai Public Picnic Pavilion 11 -b. Landscape /Site Plan Salamatof Native Association Office Building 11 -c. Landscape /Site Plan Kenai Central High School Ski Shack Building 11 -d. Zoning Bulletin (5/10/09) ITEM 12 COMMISSION COMMENTS ik QUESTIONS Koester No comment. Wells Reported the next Chamber of Commerce meeting would be joint between Kenai and Soldotna, held at the Sports Center with Governor Palin as the speaker. Romain No comment. Bryson Reported he would absent from the next two meetings. PLANNING AND ZONING COMMISSION MEETING JUNE 10, 2009 PAGE 6 Twait No comment. ITEM 13: MOTION: ADJOURNMENT Commissioner Bryson MOVED to adjourn and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 8:06 p.m. Minutes prepared and submitted by: Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING JUNE 10, 2009 PAGE 7