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HomeMy WebLinkAbout2009-08-12 Planning & Zoning Minutes1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences *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. *July 22, 2009 CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS August 12, 2009 7:00 p.m. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) a. Dorothy Gray Kenai Russian Orthodox Church Save America's Treasure's Grant 4. CONSIDERATION OF PLATS: a. PZ09 -42 Pinewood Subdivision Gerow Addition A resubdivision of Pinewood Subdivision KN -1586, Lots 1 6 and associated utility easement vacation). Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. b. PZ09 -44 Alaska State Lane Survey No. 2008 -45 Creating Tract A and dedicating 33- foot right -of -way (Spruce Street) (Subdivision of Gov't Lots 131, 165, 166). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) a. PZ09 -39 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska,-recommending. that -KMC -1 .4.25 (Landscaping /Site- Plan Regulations) KMC 14.25.020 (Application) be amended and recommending a new section KMC 14.25.025 (Retention Basins) to provide landscaping and site plan requirements for the development of retention basins be enacted. b. PZ09 -40 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending an amendment to the Land Use Table in KMC 14.22.010 to provide that tattoo parlors and massage therapists require a conditional use permit in the Townsite Historic Zone (TSH). c. PZ09 -41 An application for a Conditional Use Permit for a Guide Service for the property known as Lot 7B, VIP Country Estates Portions of Blocks 1 3 VIP Park Estates Subdivisions (2535 Watergate Way). Application submitted by Reubin Payne, Alaskan Widespread Fishing Adventures, Inc., P.O. Box 1171, Soldotna, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: 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. 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. PZ09 -43 Landscape /Site Plan Aaron Murray Kenai Hanger, LLC, 441 North Willow Street Lot 11A, FBO Subdivision (Preliminary Plat) b. Zoning Bulletin (7/10/09 7/25/09) c. Second Quarter Building Permit Comparison 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING ZONING COMMISSION AUGUST 12, 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: J. Brookman, K. Koester, S. Romain, R. Wells, J. Twait, P. Bryson, K. Rogers Staff /Council Liaison present: City Planner M. Kebschull, Assistant to City Planner N. Carver, Deputy City Clerk C. Hall, Council Member R. Molloy A quorum was present. 1 -b. Agenda Approval Commissioner Brookman read the following additions to the agenda: ADD TO: 5 -c. Amended Staff Report Kevin Walker Comments Chris Lori Every Comments MOTION: Commissioner Brockman MOVED to approve the agenda with the lay downs 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 Brookman SECONDED the motion. There were no objections. SO ORDERED. 14. *Excused Absences Approved by consent agenda. Brookman YES Koester YES Romain YES Wells YES Twait YES Bryson YES Rogers YES *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 July 22, 2009 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT 3 -a. Dorothy Gray Kenai Russian Orthodox Church Save America's Treasure's Grant Gray gave a brief history of the church, and explained the Save America's. Treasures grant would fund shoring up the walls of the church, renovating the foundation, adding an ADA compliant ramp, and adding a fire and theft alarm She also explained the Church had received support from the Rasmuson Foundation which would be received in the near future and noted the Church was working with the Kenai Convention and Visitors Center to host the icon collection during the renovation. ITEM 4: CONSIDERATION OF PLATS 4.a. PZ09 -42 Pinewood Subdivision Gerow Addition A resubdivision of Pinewood Subdivision KN -1586, Lots 1 6 and associated utility easement vacation). Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. City Planner Kebschull reviewed the staff report included in the packet, recommending approval with no contingencies. Twait read the rules of public hearing and opened the meeting to public comment. The floor was opened for public hearing. There being no comments, the public hearing was closed. There were no Commission comments. MOTION: Commissioner Bryson MOVED to approve PZ09 -42 and Commissioner Wells SECONDED the motion. VOTE: PLANNING AND ZONING COMMISSION MEETING AUGUST 12, 2009 PAGE 2 Brookman YES Koester YES Romain YES Wells YES Twait YES Bryson YES Rogers YES MOTION PASSED UNANIMOUSLY. 4 b. PZ09 44 Alaska State Lane Survey No. 2008 -45 Creating Tract A and dedicating 33 -foot right -of -way (Spruce Street) (Subdivision of Gov't Lots 131, 165, 166). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. Kebschull reviewed the staff report included in the packet, and noted the plat was required by the State in order to convey land to the City to be used for a well and wellhead. She recommended approval with the noted street name correction. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. There were no Commission comments. MOTION: Commissioner Wells MOVED to approve PZ09 -44 with staff recommendations and Commissioner Brookman SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 5: MOTION: PUBLIC HEARINGS 5 a. PZ09 39 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending that KMC 14.25 (Landscaping /Site Plan Regulations) KMC 14.25.020 (Application) be amended and recommending a new section KMC 14.25.025 (Retention Basins) to provide landscaping and site plan requirements for the development of retention basins be enacted. Kebschull reviewed the staff report included in the packet, and noted the resolution would protect public safety and landscape aesthetics and referred to the sunset clause stating existing retention basins would have one year to comply. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. There were no Commission comments. PLANNING AND ZONING COMMISSION MEETING AUGUST 12, 2009 PAGE 3 Brookman YES Koester YES Romain YES Wells YES Twait YES Bryson YES Rogers YES Brookman YES Koester YES Romain YES Wells YES Twait YES Bryson YES Rogers YES Commissioner Brookman MOVED to approve PZ09 -39 with staff recommendations and Commissioner Rogers SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. 5 b. PZ09 40 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending an amendment to the Land Use Table in KMC 14.22.010 to provide that tattoo parlors and massage therapists require a conditional use permit in the Townsite Historic Zone (TSH). Kebschull reviewed the staff report included in the packet, and noted it was the final resolution related to changes to the Land Use Table requested by the City Council. Twait opened the meeting to public hearing. There being no comments, the public hearing was closed. There were no Commission comments. MOTION: Commissioner Romain MOVED to approve PZ09 -40 and Commissioner Bryson SECONDED the motion. VOTE: MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 7:33 -P.M. BACK TO ORDER: 7:38 5 c. PZ09 41 An application for a Conditional Use Permit for a Guide Service for the property known as Lot 7B, VIP Country Estates 86 Portions of Blocks 1 863 VIP Park Estates Subdivisions (2535 Watergate Way). Application submitted by Reubin Payne, Alaskan Widespread Fishing Adventures, Inc., P.O. Box 1171, Soldotna, Alaska. PLANNING AND ZONING COMMISSION MEETING AUGUST 12, 2009 PAGE 4 Brookman NO Koester NO Romain NO Wells NO Twait NO Bryson NO Rogers NO Kebschull reviewed the amended staff report included in the lay down, and noted the effect of the guide business had impacted the residential integrity of the zone and while her initial recommendation was to approve the permit, after consideration of the comments received, she recommended the permit be denied. Deputy Clerk Hall read the comments from Chris and Lori Every included in the lay down. Twait opened the meeting to public hearing. Linda Williams, 2565 Watergate Way, Kenai Spoke in opposition to the permit; noting traffic, noise and the cluttered lot. Bob Tepp, 2715 Watergate Way, Kenai Spoke in opposition to the permit, noting the increased noise. Sam Copeland, 615 Set Net Drive, Kenai Spoke in opposition to the permit, noting he did not want commercial business within a residential zone. Steve Stanton, 2545 Seine Court, Kenai Spoke in opposition to the permit, noting noise, pollution, and safety on the roads within the subdivision. Reubin Payne, 2535 Watergate Way, Kenai Applicant noted he wanted to be a good neighbor and was willing to work with the process to comply. Preston Williams, 2565 Watergate Way, Kenai Spoke in opposition to the permit. Mindy Payne, 2535 Watergate Way, Kenai Applicant spoke in favor of the permit. There being no further comments, the public hearing was closed. There were no Commission comments. MOTION: Commissioner Bryson MOVED to approve PZ09 -41 and Commissioner Romain SECONDED the motion. Commissioner Bryson inquired what would be required for the use to become a home occupation and Kebschull explained, the applicant could use no more than 30 percent of the home and have no more than one employee. VOTE: PLANNING AND ZONING COMMISSION MEETING AUGUST 12, 2009 PAGE 5 MOTION UNANIMOUSLY FAILED. Twait read the appeals process procedure. ITEM 6: OLD BUSINESS None ITEM 7: NEW BUSINESS None ITEM 8: 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. ITEM 9: REPORTS 9 -a. City Council Council Member Molloy reviewed the action agenda items from the August 5, 2009 City Council meeting. 9 -b. Borough Planning Borough Planning Commissioner Bryson reviewed the agenda from the August 10, 2009 Borough Planning Commission meeting. 9 -c. Administration Kebschull reviewed her memorandum included in the packet related to changes of November and December Commission meetings. Kebschull suggested a motion be considered. MOTION: Commissioner Wells MOVED to request moving the November meeting date from November 11 (Veteran's Day) to November 10, and cancelling the November 25 and December 23 meetings. Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. ITEM 10: ITEM 11: 11 -a. PERSONS PRESENT NOT SCHEDULED None INFORMATION ITEMS PZ09 -43 Landscape /Site Plan Aaron Murray Kenai Hanger, LLC, 441 North Willow Street Lot 11A, FBO Subdivision (Preliminary Plat). 11 -b. Zoning Bulletin (7/10/09 7/25/09). 11 -c. Second Quarter Building Permit Comparison. ITEM 12: COMMISSION COMMENTS QUESTIONS PLANNING AND ZONING COMMISSION MEETING AUGUST 12, 2009 PAGE 6 Bryson Inquired about the City receiving rock from the Borough for the Bluff Erosion Project. Council Member Molloy reported the Borough would give the City free rock from gravel pits in Seward and /or Seldovia as part of an in -kind donation toward the project. All commissioners thanked the public for attending and commenting during the meeting. ITEM 13: ADJOURNMENT MOTION: 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 9:02 p.m. Minutes prepared and submitted by: I Corene Hall, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING AUGUST 12, 2009 PAGE 7