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Home My WebLink About2010-05-12 Planning & Zoning Minutes1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences D Commissioner Gerald Brookman D Commissioner Roy Wells *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 28, 2010 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ10 -10 An application for an Encroachment Permit for a 3.3 -Foot front yard setback encroachment for the property known as 104 Deepwood Court (Lot 2, Block 3, Deepwood Park Subdivision Amended). Application submitted by Patrick S. Reilly, Alaska New Home Builders, 1302 Lawton Drive, Kenai, Alaska. b. PZ10 -12 An application for a Conditional Use Permit for a Professional Office (Dental Clinic) for the property known as 9520 Kenai Spur Highway (Tract A, Papa Joe's Subdivision, Chumley Replat). Application Submitted by Franklin T. Wortham, DDS, River City Dental, P.O. Box 1029, Kenai, Alaska. 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 11. INFORMATION ITEMS: CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 12, 2010 7:00 p.m. 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) Zoning Bulletin (3/25/10) Kenai River Center Project #8267 Kenai Landing PZ10 -11 Landscape /Site -Plan Kenai Community Library Addition 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING ZONING COMMISSION MAY 12, 2010 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 7:00 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 The following changes to the agenda were requested: REMOVE FROM: ADD TO: ADD TO: MOTION: Commissioner Bryson MOVED to approve the agenda with the listed changes and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 1 -c. Consent Agenda MOTION: K. Koester, S. Romain, R. Wells, J. Twait, P. Bryson, K. Rogers G. Brookman (excused) City Planner M. Kebschull, City Planning Administrative Assistant N. Carver, Council Member R. Molloy, Deputy City Clerk C. Hall Item 1 -d: Excused Absences Roy Wells Item 5 -a: PZ10 -10 Area property map showing owner names and street addresses Item 5 -b: PZ10 -12 Corrected resolution with staff recommendations and area property map showing owner names and street addresses Commissioner Romain MOVED to approve the consent agenda as presented and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. Brookman EXCUSED Koester YES Romain YES Wells YES Twait YES Bryson YES 1 -d. *Excused Absences Gerald Brookman 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 April 28, 2010 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS 5 -a. PZ10 -10 An application for an Encroachment Permit for a 3.3 -Foot front yard setback encroachment for the property known as 104 Deepwood Court (Lot 2, Block 3, Deepwood Park Subdivision Amended). Application submitted by Patrick S. Reilly, Alaska New Home Builders, 1302 Lawton Drive, Kenai, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ10 -10 with staff recommendations and Commissioner Rogers SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet recommending approval with no conditions. Twait read the rules for public hearing and opened the meeting to public comment. There being no one wishing to speak, the public hearing was closed. Kebschull noted the encroachment was measured from the foundation and the bay window would not affect the encroachment. VOTE: PLANNING AND ZONING COMMISSION MEETING MAY 12, 2010 PAGE 2 Rogers 1 YES MOTION PASSED UNANIMOUSLY. Twait read the 15 -day appeal process procedure. 5 -b. MOTION: PZ10 -12 An application for a Conditional Use Permit for a Professional Office (Dental Clinic) for the property known as 9520 Kenai Spur Highway (Tract A, Papa Joe's Subdivision, Chumley Replat). Application Submitted by Franklin T. Wortham, DDS, River City Dental, P.O. Box 1029, Kenai, Alaska. Commissioner Bryson MOVED to approve PZ10 -12 and Commissioner Wells SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting the permit was required to meet the following criteria: 1. The use must be consistent with the purpose of the chapter (KMC 14.20) and the purposes and intent of the zoning district. 2. The value of the adjoining property and neighborhood would not be significantly impaired. 3. The proposed use would be in harmony with the Comprehensive Plan. 4. Public services and facilities were adequate to serve the proposed use. 5. The proposed use would not be harmful to the public safety, health or welfare. 6. Any and all specific conditions deemed necessary by the Commission to fulfill the above- mentioned conditions should be met by the applicant and could include, but would not be limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Kebschull recommended approval with the following requirement: 1. Landscape /site plan must be submitted with the building permit that meets the requirements for commercial development as required in KMC 14.25. Landscaping, as required by code, would be limited to the area involved in the development. Twait opened the meeting to public hearing. Charles Winegarden, 309 Princess, Kenai Spoke in support of the permit. Rory Espy, 903 Magic, Kenai Spoke in support of the permit, noting concern that the entire lot be landscaped and building size be limited. PLANNING AND ZONING COMMISSION MEETING MAY 12, 2010 PAGE 3 Brookman EXCUSED Koester YES Romain YES Wells YES Twait YES Bryson YES Rogers YES Brookman EXCUSED Koester YES Romain YES Wells YES Twait YES Bryson YES Becky Espy, 903 Magic, Kenai Spoke in support of the permit, noting concern with traffic off Cinderella. Patricia Falkenberg, 399 McCollum, Kenai Spoke in support of the permit, noting concern with traffic in the area and building size. Todd Wortham, 1110 Channel Way, Kenai Applicant thanked the neighbors for their support, noting the apartment above the dental office would be single family, not multi- family. Kristine Schmidt, 513 Ash, Kenai Suggested the Planning Department require building plans and landscape /site plans be submitted prior to the issue of the conditional use permit, and wanted limits on building size included in the permit. There being no further comments the public hearing was closed. MOTION TO AMEND: Commissioner Bryson MOVED to amend the motion by including General Information, Recommendations, and Attachments in the original motion. Commissioner Romain SECONDED the motion. VOTE ON AMENDMENT: MOTION PASSED UNANIMOUSLY. It was noted that great deviation from the site plan would need to be returned to the Commission for another public hearing. Commissioner comments included: It would be a waste of money if plans were prepared before the conditional use permit was approved. Concerns would be addressed by analysis and recommendations by staff. The permit met all six criteria and would be supported. Looked forward to the site not being vacant, and thought the dental office would be an asset to the community. VOTE ON MOTION AS AMENDED: PLANNING AND ZONING COMMISSION MEETING MAY 12, 2010 PAGE 4 Rogers YES MOTION PASSED UNANIMOUSLY. Twait read the I5 -day appeal process procedure. ITEM 6: UNFINISHED BUSINESS None ITEM 7: NEW BUSINESS None ITEM 8: PENDING ITEMS None ITEM 9: REPORTS 9 -a. City Council Council Member Molloy reviewed the action agenda items of the May 5, 2010 City Council meeting and gave an overview of the training and Town Hall Meeting held on May 7 and 8, 2010. 9 -b. Borough Planning Commissioner Bryson reviewed the agenda of the May 10, 2010 Borough Planning Commission meeting. 9 -c. Administration Kebschull reviewed the memorandum included in the packet regarding the June 9, 2010 public hearing on the Comprehensive Plan and noted there would be a work session regarding kennels on June 23, 2010. ITEM 10: PERSONS PRESENT NOT SCHEDULED Kristine Schmidt, 513 Ash, Kenai Noted she believed permits should include the landscape /site plan and building plans. Rory Espy, 903 Magic, Kenai Thanked the Commission for listening to the public and requested the commissioners police themselves regarding their attention to public comment. ITEM 11: INFORMATION ITEMS Zoning Bulletin (3/25/10) Kenai River Center Project #8267 Kenai Landing PZ10 -11 Landscape /Site Plan Kenai Community Library Addition ITEM 12: COMMISSION COMMENTS QUESTIONS Koester thanked the public for their comments. ITEM 13: ADJOURNMENT PLANNING AND ZONING COMMISSION MEETING MAY 12, 2010 PAGE 5 MOTION: 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 8:07 p.m. Minutes prepared and submitted by: 0 -4.5- 1 2..-/&-e- 1 trA--fbe Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING MAY 12, 2010 PAGE 6