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HomeMy WebLinkAbout2010-07-28 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 July 28, 2010 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. *July 14, 2010 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ10 -21 An application to rezone the property known as Lot 3A, Karen Subdivision Moore Addition (7984 Kenai Spur Highway) from General Commercial to Limited Commercial. Application submitted by Tony Doyle, 39154 Holly Avenue, Soldotna, Alaska. (Postponed from July 14, 2010.) b. PZ10 -23 An application for a Conditional Use Permit for a Mobile Food Vendor for the property known as Government Lots 6 7 (4300 Eagle Rock Drive), Kenai, Alaska. Application submitted by George Showalter, 47004 Emery Street, Kenai, Alaska. (Postponed from July 14, 2010.) c. PZ10 -25 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending the Council of the City of Kenai, Alaska, adopt an amendment to KMC Section 14.20.050 to require that destroyed or partially destroyed nonconforming structures be removed unless the partial destruction is fifty percent (50 or less of the replacement cost in which event the owner must obtain a building permit within three (3) months from the damage or destruction or remove the remaining structure. 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. Amendment to KMC 3.15 Licensed Facilities (Kennels) Review /Discussion. b. PZ10 -29 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending the Council of the City of Kenai, Alaska, adopt an amendment to KMC Chapter 12.30, Nuisances in General, to include in the definition of a public nuisance unsightly premises and also certain structures destroyed or partially destroyed by fire or by other means Discussion/Public Hearing Set for August 11, 2010. S. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: 12. NEXT MEETING ATTENDANCE NOTIFICATION: August 11, 2010 13. COMMISSION COMMENTS QUESTIONS: 14. ADJOURNMENT: ITEM 1: CITY OF KENAI PLANNING ZONING COMMISSION JULY 28, 2010 7 :00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING Approved by consent agenda. CALL TO ORDER 1 -d. *Excused Absences MINUTES 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: P. Bryson, K. Rogers, K. Koester, S. Romain, R. Wells, J. Twait J. Brookman City Planner M. Kebschull, Council Member R. Molloy, Deputy City Clerk C. Hall A quorum was present. 1 b. Agenda Approval Commissioner Wells read the following addition to the agenda: ADD: 11 a. Information Items Cook Inlet Natural Gas Storage Project ACMP I.D. #1007-020G Start of ACMP Review MOTION: Commissioner Wells MOVED to approve the agenda with the addition and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. 1 -c. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda and Commissioner Wells SECONDED the motion. There were no objections. SO ORDERED. *A11 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 14, 2010 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS 5 a. PZ10 21 An application to rezone the property known as Lot 3A, Karen Subdivision Moore Addition (7984 Kenai Spur Highway) from General Commercial to Limited Commercial. Application submitted by Tony Doyle, 39154 Holly Avenue, Soldotna, Alaska. (Postponed from July 14, 2010.) City Planner Kebschull reviewed the staff report included in the packet, recommending approval with the following findings: 1. The property was currently zoned General Commercial. 2. Residential use was allowed only as a secondary use in the General Commercial zone. 3. Residential use had continued on this property for over 50 years and had been compatible with surrounding commercial uses. 4. The 2003 City of Kenai Comprehensive Plan identified development concerns related to the Kenai Spur Highway corridor. 5. The property was located on the Kenai Spur Highway. 6. The 2003 Comprehensive Plan Land Use classified the land as Neighborhood Commercial which provided for uses similar to the Limited Commercial zone. 7. In 2005, the Limited Commercial zone was developed to allow medium volume business, mixed residential, and other compatible uses. 8. Allowing the rezone to Limited Commercial would provide for commercial uses while permitting residential use. 9. Rezoning the property to Limited Commercial would be consistent with the Comprehensive Plan. The motion to approve was postponed from the July 14, 2010 meeting and was active. Twait read the rules of public hearing, and opened the meeting to public comment. PLANNING AND ZONING COMMISSION MEETING JULY 28, 2010 PAGE 2 Bryson YES Rogers YES Brookman ABSENT Koester YES Romain YES Wells YES Twait YES Tony Doyle, 39154 Holly Avenue, Soldotna Applicant spoke in support of the rezone, noting there were two septic systems on the property and a new well had been installed that would service both houses. There being no one else wishing to speak, the public hearing was closed. Kebschull reported neighbors within 300 feet were notified ten days prior to the hearing. VOTE: MOTION PASSED UNANIMOUSLY. Twait noted the rezone would be forwarded to City Council for approval and there would be no appeal period. 5 -b. PZ10 -23 An application for a Conditional Use Permit for a Mobile Food Vendor for the property known as Government Lots 6 7 (4300 Eagle Rock Drive), Kenai, Alaska. Application submitted by George Showalter, 47004 Emery Street, Kenai, Alaska. (Postponed from July 14, 2010.) Kebschull reviewed the staff report included in the packet, noting the following criteria needed to be met for approval: 1. The proposed use was consistent with the purpose of the chapter and the purposes and intent of the zoning district. 2. The value of the adjoining property and neighbor would not be significantly impaired. 3. The proposed use was 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 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 Kebschull noted the applicant would need to apply for a Mobile Food Vendor License from the City Clerk. The motion to approve was postponed from the July 14, 2010 meeting and was active. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. PLANNING AND ZONING COMMISSION MEETING JULY 28, 2010 PAGE 3 Bryson YES Rogers YES Brookman ABSENT Koester YES Romain YES Wells YES Twait YES VOTE: MOTION PASSED UNANIMOUSLY. Twait read the fifteen day appeal process procedure. 5 c. PZ 10 25 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska recommending the Council of the City of Kenai, Alaska, adopt an amendment to KMC Section 14.20.050 to require that destroyed or partially destroyed nonconforming structures be removed unless the partial destruction is fifty percent (50 or less of the replacement cost in which event the owner must obtain a building permit within three (3) months from the damage or destruction or remove the remaining structure. Kebschull reviewed the staff report included in the packet. Twait opened the meeting to public hearing. Kristine Schmidt, 513 Ash Avenue, Kenai Spoke in opposition to the resolution and noted concern with confusing language and the three -month time limit. There being no one else wishing to speak, the public hearing was closed. MOTION: Commissioner Bryson MOVED to approve PZ10 -25 and Commissioner Romain SECONDED the motion. Commissioner comments included the following: Non conforming structures could not be expanded. The amendment only applied to structures. Concern expressed with proving the 50% replacement cost. The building official had formulas to determine replacement costs. Concern expressed with an avenue to dispute costs. Kebschull noted the decision was appealable through the Board of Adjustment. MOTION TO AMEND: Commissioner Bryson MOVED to amend the resolution by changing references to applying for a building permit from three (3) months to twelve (12) months throughout the body of the resolution. Commissioner Rogers SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING JULY 28, 2010 PAGE 4 Bryson YES Rogers YES Brookman ABSENT Koester YES Romain YES Wells YES Twait YES Bryson YES Rogers YES Brookman ABSENT Koester YES Romain YES Wells YES Twait YES VOTE ON THE AMENDMENT: MOTION PASSED UNANIMOUSLY. There were no further Commissioner comments. VOTE ON THE MOTION AS AMENDED: MOTION PASSED UNANIMOUSLY. ITEM 6: UNFINISHED BUSINESS None ITEM 7: NEW BUSINESS 7 a. Discussion /Review Amendment to KMC 3.15 Licensed Facilities (Kennels) Kebschull reviewed the drafted amendments to the code, noting neighbors within 300 feet would be notified to address the issue at a public hearing. Commissioner comments included: Inquired if the amendment would add to the duties of the Animal Control Officers. Kebschull reported it would not. Inquired if there was a cost to appeal. Kebschull reported the fee was $100, but the appellant could request a waiver through the City Clerk. Requested specific guidelines for KMC 3.15.050 Standards for Operating Facility. Requested a work session and public hearing be scheduled. Kebschull noted she would schedule a work session, followed by a public hearing at a future Commission meeting. 7 b. Discussion PZ10 29 A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending the Council of the City of Kenai, Alaska, adopt an amendment to KMC Chapter 12.30, Nuisances in General, to include in the definition of a public nuisance unsightly premises and also certain structures destroyed or partially destroyed by fire or by other means Public Hearing Set for August 11, 2010. PLANNING AND ZONING COMMISSION MEETING JULY 28, 2010 PAGE 5 Kebschull noted the ordinance had been introduced at the July 21, 2010 City Council meeting; the ordinance would be postponed at the August 4, 2010 Council meeting to allow the Commission to consider it; and, a public hearing was scheduled for the August 11, 2010 Commission meeting. Twait opened the meeting to public hearing. Kristine Schmidt, 513 Ash Avenue, Kenai Noted concern that "diminution of property value" would be hard to prove. There being no one else wishing to speak, the public hearing was closed. ITEM 8: PENDING ITEMS None ITEM 9: REPORTS 9 a. City Council Council Member Molloy reviewed the action agenda items of the July 21, 2010 City Council meeting included in the packet, noting the beekeeping issue would be coming before the Commission in the future; there would be a meeting regarding the Cook Inlet Natural Gas Storage Project on August 5, 2010 at 6 :30 p.m. at the Challenger Center; and, noted nominating petitions for the City's October election would be available from the City Clerk from August 1 -16, 2010. 2010. 9 b. Borough Planning Commissioner Bryson reviewed the agenda of the July 19, 2010 Borough Planning Commission meeting which was included in the packet. 9 c. Administration Kebschull noted she would not be attending the August 11, 2010 Commission meeting and previewed the agenda with the commissioners, requesting questions be forwarded to Assistant to the City Planner Nancy Carver in advance of the meeting. ITEM 10: PERSONS PRESENT NOT SCHEDULED Pat Porter, Mayor Mayor Porter encouraged Commissioners' attendance at the Cook Inlet Natural Gas Storage Project meeting and requested Administration include the current code on nuisances in the next packet. ITEM 11: INFORMATION ITEMS None ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 a. August 11, 2010 Commissioner Romain noted he could be out of town and would request an excused absence as soon as he knew for sure. PLANNING AND ZONING COMMISSION MEETING JULY 28, 2010 PAGE 6 ITEM 13: COMMISSION COMMENTS QUESTIONS Wells Reported the Rotary Club would begin work on the park on Marathon Road on July 29, 2010 and noted the "Three Fundamentals of Conditional Use" article in The Commissioner magazine looked useful. ITEM 14: MOTION: Commissioner Wells 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 8:27 p.m. Minutes prepared and submitted by: ADJOURNMENT Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING JULY 28, 2010 PAGE 7