HomeMy WebLinkAbout2009-06-24 Planning & Zoning MinutesCITY OF KENAI
PLANNING ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
June 24, 2009 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
d. *Excused Absences
Phil Bryson
*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. *June 10, 2009
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.)
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.
PZ09 -03 Substitute 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 tire e Land Use
Table in KMC 14.22.010 to provide that communications towers /antennas are a
conditional use in the RR and 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.
PZ09 -19 Substitute —A resolution of the Planning and Zoning Commission of the City
Agenda
June24,2009
of Kenai, Alaska, recommending to the Council that the following sections of Kenai
Municipal Code be amended: 1) KMC 14.25.040(b) by requiring screening 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 developments may be required to
provide frontal roads; and 3) KMC 14.25.070 by providing a mechanism to apply for
variances.
c. PZ09 -34 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 some 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) add language to Footnote 25 to clarify that tattoo parlors are
personal services; and; 4) require tattoo parlors, massage therapists, dry cleaners and self
service laundries to have a Conditional Use Permit in the Limited Commercial zone (LC).
d. PZ09 -35 A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending that KMC 14.20.050 be amended by adding a provision to allow
legally non conforming uses to expand.
6. OLD BUSINESS:
7. NEW BUSINESS:
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
12. COMMISSION COMMENTS QUESTIONS:
13. ADJOURNMENT:
Page 2
8. PENDING ITEMS:
a. 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 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:
1 -b. Agenda Approval
Twait read the following changes to the agenda:
ADD TO:
MOTION:
1 -c.
MOTION:
CITY OF KENAI
PLANNING ZONING COMMISSION
JUNE 24, 2009
7:00 P.M.
CITY COUNCIL CHAMBERS
CHAIR JEFF TWAIT, PRESIDING
1 -d. Excused Absences
Scott Romain
R. Wells
MINUTES
J. Twait, K. Rogers, J. Brookman, K Koester
P. Bryson, S. Romain, R. Wells (all excused)
City Planner M. Kebschull, Assistant to City Planner
N. Carver, Council Member R. Molloy, Deputy City
Clerk C. Hall
5 -a. PICA The Wireless Infrastructure Association
Commissioner Rogers MOVED to approve the agenda with the additions and
Commissioner Brookman. SECONDED the motion._ There were no objections. SO
ORDERED.
Consent Agenda
Commissioner Brookman MOVED to approve the consent agenda and Commissioner
Rogers SECONDED the motion. There were no objections. SO ORDERED.
1 -d. *Excused Absences
Phil Bryson
Approved by 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 June 10, 2009
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT None
ITEM 4: CONSIDERATION OF PLATS None
ITEM 5: PUBLIC HEARINGS
5 -a -1. 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.
5 -a -2: PZ09 -03 Substitute 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 RR and CMU zone.
City Planner Kebschull reviewed the staff report included in the packet, noting the
Commission had worked on the resolution in previous work sessions.
Twait read the rules_ for_ public hearing and opened the meeting to public hearing.
Jason Olson, AT&T Representative Spoke regarding the wireless infrastructure,
noting he was opposed to the lot line setback and the height limitations of the
resolution.
Kristine Schmidt, 513 Ash Avenue Spoke in support of passing the resolution,
noting she thought it was a good compromise.
There being no further comments, the public hearing was closed.
PLANNING AND ZONING COMMISSION MEETING
JUNE 24, 2009
PAGE 2
Twait
YES
Bryson
EXCUSED
Rogers
YES
Brookman
YES
Koester
YES
Romain
EXCUSED
Wells
EXCUSED
Twait
YES
Bryson
EXCUSED
Rogers
YES
Brookman
YES
Koester
YES
Romain
EXCUSED
Wells
EXCUSED
MOTION:
Commissioner Brookman MOVED to adopt Substitute Resolution No. PZ09 -03 and
Commissioner Koester SECONDED the motion.
MOTION TO AMEND:
Commissioner Brookman MOVED to amend Substitute Resolution No. PZ09 -03 as
follows:
Page 1 of 8, a3 and a7 change county's to city's
Page 1 of 8, b2 change direction to directional
Page 2 of 8, 2 change condition to conditional
Page 2 of 8, 2 change 14.10.280 to 14.20.280
Page 4 of 8, J change cell phone to service in both places
Commissioner Koester SECONDED the motion.
VOTE:
MOTION PASSED UNANIMOUSLY.
MOTION TO POSTPONE:
Commissioner Rogers MOVED to postpone PZ09 -03 no time certain and
Commissioner Brookman SECONDED the motion.
There was no discussion.
VOTE TO POSTPONE:
MOTION PASSED UNANIMOUSLY.
5 -b -1. 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 24, 2009
PAGE 3
Twait
YES
Bryson
EXCUSED
Rogers
YES
Brookman
YES
Koester
YES
Romain
EXCUSED
Wells
EXCUSED
MOTION TO AMEND:
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.
5 -b -2. PZ09 -19 Substitute -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 be amended: 1) KMC
14.25.040(b) by requiring screening 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 developments may be
required to provide frontal roads; and 3) KMC 14.25.070 by providing a
mechanism to apply for variances.
Kebschull reviewed the staff report, noting the Commission had worked on the
resolution in previous work sessions and the intent of the code was to maintain
natural screening if possible.
Twait opened the meeting to public hearing.
Kristine Schmidt, 513 Ash Avenue Spoke in support of the substitute resolution.
There being no further comments, the public hearing was closed.
MOTION:
Commissioner Koester MOVED to approve Substitute Resolution No. PZ09 -19 and
Commissioner Brookman SECONDED the motion.
Commissioner Koester MOVED to amend the resolution as follows:
Page 1 of 3, 2a Add "and /or" after trees
Commissioner Brookman SECONDED the motion.
VOTE ON AMENDMENT:
MOTION PASSED UNANIMOUSLY.
VOTE ON MOTION AS AMENDED:
Twait
YES
Bryson
EXCUSED
Rogers
YES
PLANNING AND ZONING COMMISSION MEETING
JUNE 24, 2009
PAGE 4
Twait
YES
Bryson
EXCUSED
Rogers
YES
Brookman
YES
Koester
YES
Romain
EXCUSED
Wells
EXCUSED
Brookman
Wells
YES
EXCUSED
Koester
YES
Romain
EXCUSED
MOTION PASSED UNANIMOUSLY.
5 -c. PZ09 -34 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 some
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) add language to Footnote 25 to clarify
that tattoo parlors are personal services; and; 4) require tattoo parlors,
massage therapists, dry cleaners and self service laundries to have a
Conditional Use Permit in the Limited Commercial zone (LC).
Kebschull reviewed the staff report, noting the City Council requested the Commission
remove the THS zone and auto repair section of the resolution.
Twait opened the meeting to public hearing.
Kristine Schmidt, 513 Ash Avenue Spoke in support of moving fitness centers to
conditional use rather than permitted.
There being no further comments, the public hearing was closed.
MOTION:
Commissioner Koester MOVED to adopt PZ09 -34 and Commissioner Brookman
SECONDED the motion.
VOTE:
MOTION PASSED UNANIMOUSLY.
5 -d. PZ09 -35 A resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska, recommending that KMC 14.20.050 be amended
by adding a provision to allow legally non conforming uses to expand.
Kebschull reviewed the staff report, noting this was another issue the City Council
requested be separated from the Limited Commercial amendments.
PLANNING AND ZONING COMMISSION MEETING
JUNE 24, 2009
PAGE 5
Twait
YES
Bryson
EXCUSED
Rogers
YES
Brookman
YES
Koester
YES
Romain
EXCUSED
Wells
EXCUSED
Twait opened the meeting to public hearing.
Kristine Schmidt, 513 Ash Avenue Spoke in support of the resolution.
There being no further comments, the public hearing was closed.
MOTION:
Commissioner Koester MOVED to approve PZ09 -35 and Commissioner Brookman
SECONDED the motion.
VOTE:
MOTION PASSED UNANIMOUSLY.
ITEM 6:
ITEM 7:
ITEM 8:
ITEM 9: REPORTS
OLD BUSINESS None
NEW BUSINESS None
PENDING ITEMS
8 -a. 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 -a. City Council Council Member Molloy reviewed the action agenda
items of the June 17, 2009 City Council meeting and thanked the staff for the binder
on wind turbines.
9 -b. Borough Planning No report
9 -c. Administration Kebschull noted two issues in the Borough Planning
agenda pertained to Kenai, and she met with the MAPS representatives and would
schedule a work session on the MAPS Special Zone for a future meeting.
ITEM 10: PERSONS PRESENT NOT SCHEDULED None
ITEM 11: INFORMATION ITEMS None
PLANNING AND ZONING COMMISSION MEETING
JUNE 24, 2009
PAGE 6
ITEM 12:
ITEM 13:
MOTION:
COMMISSION COMMENTS OUESTIONS None
ADJOURNMENT
Commissioner Koester MOVED to adjourn
the motion. There were no objections. SO
There being no further business before the
at approximately 8:17 p.m.
Minutes prepared and submitted by:
Corene Hall, Deputy City Clerk
and Commissioner Brookman SECONDED
ORDERED.
Commission, the meeting was adjourned
PLANNING AND ZONING COMMISSION MEETING
JUNE 24, 2009
PAGE 7