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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