HomeMy WebLinkAbout2010-08-11 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 28, 2010
CITY OF KENAI
PLANNING ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
August 11, 2010 7:00 p.m.
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. CONSIDERATION OF PLATS:
a. PZ10 -31 Inlet Woods Subdivision 2010 Replat A replat of Lot 14 15, Block 12
of Inlet Woods Subdivision. Plat submitted by Integrity Surveys, 43335 K -Beach Road,
Suite 10, Soldotna, Alaska.
b. PZ10 -33 Ross Street Subdivision Located within the NE1 /4 SW1 /4 Section 6, T5N R
10 W. Plat submitted by Segesser Surveys, 30485 Rosland Street, Soldotna, Alaska.
5. PUBLIC HEARINGS:
a. PZ10 -26 An application to rezone the property known as SE1 /4 SE1 /4 Sec. 4, T5N,
Rl 1 W S.M. (1377 Bridge Access Road) from Rural Residential to Heavy Industrial.
Application submitted by Cook Inlet Natural Gas Storage, LLC, 3000 Spenard Road,
Anchorage, AK 99503.
b. PZ10 -27 An application for an Encroachment Permit for a 3 -foot front yard
encroachment for the property known as Lot 8, Block 3, Thompson Park Subdivision No.
1 (205 Iowa Street, #A). Application submitted by Craig Julie English, 205 Iowa
Street, #A, Kenai, Alaska.
c. PZ10 -28 An application for a Variance Permit for an 11.4 foot front yard setback
variance for the property known as Lot 8, Block 3, Thompson Park Subdivision No. 1
(205 Iowa Street, #A). Application submitted by Craig Julie English, 205 Iowa Street,
#A, Kenai, Alaska.
d. PZ10 -29 A resolution of the PIanning 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.
e. PZ06 -26 Revocation hearing revoking Conditional Use Permit Steve Rick Voth
dba Captain Bligh's Beaver Creek Lodge (Lodging Guide Service) —1035 1045
Angler Drive (Lots 4 5, Angler Acres SD #3).
f. PZ06 -27 Revocation hearing revoking Conditional Use Permit Steve Rick Voth
dba Captain Bligh's Beaver Creek Lodge (Cabin Rentals) —1010 Angler Drive (Lot 1,
James H. Cowan Estates).
6. UNFINISHED BUSINESS:
7. NEW BUSINESS:
8. PENDING ITEMS:
9. REPORTS:
a. City Council
b. Borough Planning
c. Administration
10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
11. INFORMATION ITEMS:
a. "Zoning Bulletin" June 25, 2010
b. PZ10 -32 Landscape /Site Plan ACS Retail Store —10128 Kenai Spur Highway (Lot 3,
Baron Park Subdivision, 2008 Replat).
c. PZ10 -34 Landscape /Site Plan Stanley Motors 10288 Kenai Spur Highway (Lot 2C,
Baron Park Subdivision Addn. No. 9).
12. NEXT MEETING ATTENDANCE NOTIFICATION: August 25, 2010
a. Work Session set for 6 p.m. KMC 3.15 Kennels
13. COMMISSION COMMENTS QUESTIONS:
14. ADJOURNMENT:
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: K. Rogers, G. Brookman, K. Koester, S. Romain,
R. Wells, J. Twait, P. Bryson
Staff /Council Liaison present: Assistant to City Planner N. Carver, Council Member
R. Molloy, Deputy City Clerk C. Hall
A quorum was present.
1 b. Agenda Approval
Commissioner Wells read the following additions to the agenda:
ADD: 5 d. Additional information /Photographs of Abandoned Structures
5 f. Additional information /Letter from Clark Cowan
MOTION:
Commissioner Wells MOVED to approve the agenda with the additions and
Commissioner Romain SECONDED the motion. There were no objections. SO
ORDERED.
1 -c.
MOTION:
Consent Agenda
Commissioner Bryson MOVED to approve the consent agenda and Commissioner
Brookman SECONDED the motion. There were no objections. SO ORDERED.
1 d. *Excused Absences
Approved by consent agenda.
CITY OF KENAI
PLANNING ZONING COMMISSION
AUGUST 11, 2010
7 :00 P.M.
CITY COUNCIL CHAMBERS
CHAIR JEFF TWAIT, PRESIDING
MINUTES
Rogers
YES
Brookman
YES
Koester
YES
Romain
YES
Wells
YES
Twait
YES
Bryson
YES
*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 28, 2010
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT None
ITEM 4: CONSIDERATION OF PLATS
4 a. PZ10 31 Inlet Woods Subdivision 2010 Replat A replat of Lot 14 86
15, Block 12 of Inlet Woods Subdivision. Plat submitted by Integrity
Surveys, 43335 K -Beach Road, Suite 10, Soldotna, Alaska.
MOTION:
Commissioner Romain MOVED to approve PZ 10 -31 and Commissioner Wells
SECONDED the motion.
Assistant to City Planner Carver reviewed the staff report included in the packet,
recommending approval with no contingencies.
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. There were no
Commissioner comments.
VOTE:
MOTION PASSED UNANIMOUSLY.
4 b. PZ10 33 Ross Street Subdivision Located within the NE 1 4 SW 1 4
Section 6, T5N R 10 W. Plat submitted by Segesser Surveys, 30485
Rosland Street, Soldotna, Alaska.
MOTION:
Commissioner Bryson MOVED to approve PZ10 -33 with staff recommendations and
Commissioner Rogers SECONDED the motion.
PLANNING ZONING COMMISSION MEETING
AUGUST 11, 2010
PAGE 2
Rogers
YES
Brookman
YES
Koester
YES
Romain
YES
Wells
YES
Twait
YES
Bryson
YES
Carver reviewed the staff report included in the packet, recommending approval with
the following requirements:
a. Plat note 4 should be removed. Development on lots that do not meet
the minimum lot width of 90 feet may be restricted as setbacks are measured from lot
where minimum lot width meets minimum lot width.
b. An installation agreement must be formalized with the City of Kenai
addressing the minimum improvements listed below. However, the final agreement
may include additional requirements determined as the plan is reviewed.
1. Street and drainage plans must be designed and stamped by an engineer
licensed in the State of Alaska. The City of Kenai uses the Municipality
of Anchorage Standard Specifications.
2. Prior to construction, plans must be submitted to the City of Kenai for
review and acceptance.
3. Street would require a minimum 24 -foot paved surface, with two -foot
shoulders and approved excavation and backfill.
4. Signage including a stop sign, street sign and "No Outlet" signs was
required.
5. After construction, the engineer must submit signed documentation the
road was built to the standards approved in the submitted plans. As-
built drawings must be submitted to the City of Kenai in both paper and
digital format (pdf and AutoCAD).
c. Plat should not be recorded until the City of Kenai has signed off on the
minimum improvements for the subdivision.
d. ADEC approval for on -site water and septic systems serving the
subdivision.
Twait opened the meeting to public hearing. There being no one wishing to speak, the
public hearing was closed. There were no Commissioner comments.
VOTE:
MOTION PASSED UNANIMOUSLY.
ITEM 5:
PUBLIC HEARINGS
5 -a. PZ10 26 An application to rezone the property known as SE1 /4 SE1 /4
Sec. 4, T5N, RI1W S.M. (1377 Bridge Access Road) from Rural
Residential to Heavy Industrial. Application submitted by Cook Inlet
Natural Gas Storage, LLC, 3000 Spenard Road, Anchorage, AK 99503.
MOTION:
Commissioner Romain MOVED to approve PZ 10 -26 with staff recommendations and
PLANNING 86 ZONING COMMISSION MEETING
AUGUST 11, 2010
PAGE 3
Rogers
YES
Brookman
YES
Koester
YES
Romain
YES
Wells
YES
Twait
YES
Bryson
YES
Commissioner Wells SECONDED the motion.
Carver reviewed the staff report included in the packet, recommending approval with
the following findings:
1. The property was currently zoned Rural Residential.
2. The property was classified in the Comprehensive Plan as
Conservation /Open Space.
3. Conservation /Open Space was defined as public lands in the
Comprehensive Plan.
4. The property was privately owned and no longer met the definition for
Conservation /Open Space as defined in the Comprehensive Plan.
5. An application to rezone the property to Heavy Industrial had been
received.
6. The application met the requirements for an amendment as defined
under KMC 14.20.270.
7. Rezoning the property to Heavy Industrial would expand an adjacent
boundary.
8. Rezoning the property to Heavy Industrial would conform to the
Comprehensive Plan.
Twait opened the meeting to public hearing. There being no one wishing to speak, the
public hearing was closed.
Commissioner comments included:
This was an appropriate action given adjacent property is already zoned
Heavy Industrial.
VOTE:
MOTION PASSED UNANIMOUSLY.
5 b. PZ10 27 An application for an Encroachment Permit for a 3 -foot front
yard encroachment for the property known as Lot 8, Block 3, Thompson
Park Subdivision No. 1 (205 Iowa Street, #A). Application submitted by
Craig Julie English, 205 Iowa Street, #A, Kenai, Alaska.
MOTION:
Commissioner Romain MOVED to approve PZ10 -27 with staff recommendations and
Commissioner Rogers SECONDED the motion.
Carver reviewed the staff report included in the packet, recommending approval with
the following findings:
PLANNING ZONING COMMISSION MEETING
AUGUST 11, 2010
PAGE 4
Rogers
YES
Brookman
YES
Koester
YES
Romain
YES
Wells
YES
Twait
YES
Bryson
YES
Twait opened the meeting to public hearing. There being no one wishing to speak, the
public hearing was closed. There were no Commissioner comments.
VOTE:
1. An encroachment as defined in KMC 14.20.185(a) existed. The
encroachment did not encroach upon a Federal, State or City right -of-
way or utility easement.
2. The issuance of the encroachment permit would not authorize a use
which was not a principal permitted use in the zoning district in which
the property was located.
3. The encroachment was not located across a platted lot line.
MOTION PASSED UNANIMOUSLY.
Twait read the 15 day appeal process procedure.
5 c. PZ10 28 An application for a Variance Permit for an 11.4 foot front
yard setback variance for the property known as Lot 8, Block 3,
Thompson Park Subdivision No. 1 (205 Iowa Street, #A). Application
submitted by Craig Julie English, 205 Iowa Street, #A, Kenai, Alaska.
MOTION:
Commissioner Wells MOVED to approve PZ10 -28 with staff recommendations and
Commissioner Brookman SECONDED the motion.
Carver reviewed the staff report included in the packet, recommending approval with
the following findings:
1. Special conditions or circumstances were present which were peculiar to
the land or structures involved which were not applicable to other lands
or structures in the same zoning district.
2. The special conditions or circumstances had not been caused by actions
of the applicant and such conditions and circumstances did not merely
constitute a pecuniary hardship or inconvenience.
3. The granting of the variance would not authorize a use that was not a
permitted principal use in the zoning district in which the property was
located.
4. The granting of the variance would be the minimum variance that would
provide for the reasonable use of the land and /or structure.
5. The granting of a variance would not be based upon other non-
conforming land uses or structures within the same land use or zoning
district.
PLANNING 86 ZONING COMMISSION MEETING
AUGUST 11, 2010
PAGE 5
Rogers
YES
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
NO
Twait opened the meeting to public hearing. There being no one wishing to speak, the
public hearing was closed. There were no Commissioner comments.
VOTE:
MOTION PASSED UNANIMOUSLY.
Twait read the 15 day appeal process procedure.
5 d. 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.
MOTION:
Commissioner Romain MOVED to approve PZ10 -29 and Commissioner Bryson
SECONDED the motion.
Carver reviewed the staff report included in the packet. Twait opened the meeting to
public hearing.
John Mellish, 1132 Walnut, Kenai Spoke in opposition to the amendment, noting
the wording was vague, subjective, and would be hard to enforce.
There being no one else wishing to speak, the public hearing was closed.
Commissioner comments included:
Wondered how enforcement would be handled.
Noted concern from where the amendment carne. Carver noted the ideas
came from the May 2010 Town Hall Meeting.
Noted the amendment would make this section of the code the same as
other sections pertaining to nuisances.
VOTE:
PLANNING ZONING COMMISSION MEETING
AUGUST 11, 2010
PAGE 6
Rogers
YES
Brookman
YES
Koester
YES
Romain
YES
Wells
YES
Twait
YES
Bryson
YES
MOTION PASSED.
5 e. PZ06 26 Revocation hearing revoking Conditional Use Permit Steve
Rick Voth dba Captain Bligh's Beaver Creek Lodge (Lodging Guide
Service) 1035 1045 Angler Drive (Lots 4 5, Angler Acres SD #3).
MOTION:
Commissioner Romain MOVED to approve PZ06 -26 and Commissioner Bryson
SECONDED the motion.
Carver reviewed the staff report included in the packet, recommending amendments to
the Conditional Use Permit to include the following rules:
Remain current with City of Kenai assessments.
Remain current with Kenai Peninsula Borough sales tax and property
taxes.
Submit quarterly reports of activity on the property to the Planning and
Zoning Department through December 31, 2011.
Develop and enforce house rules for fish cleaning, trash and storage of
coolers.
Cease leasing dock space until an amendment was applied for and
approved by the Commission.
Applicant must comply with all Federal, State and local regulations.
Twait opened the meeting to public hearing.
Steve Voth, 1035 Angler Drive, Kenai Applicant spoke in favor of the
amendments.
There being no one else wishing to speak, the public hearing was closed.
Commissioner Wells noted the support letter included as a lay down at the beginning
of the meeting.
MOTION TO AMEND:
Commissioner Bryson MOVED to amend the Conditional Use Permit to include the
rules recommended by staff. Commissioner Romain SECONDED the motion.
There were no Commissioner comments.
VOTE ON THE AMENDMENT:
PLANNING ZONING COMMISSION MEETING
AUGUST 11, 2010
PAGE 7
Rogers
YES
Brookman
YES
Koester
YES
Romain
YES
Wells
YES
Twait
YES
Bryson
YES
MOTION PASSED UNANIMOUSLY.
MOTION TO POSTPONE:
Commissioner Bryson MOVED to postpone final approval of the revocation action of
PZ06 -26 until the August 10, 2011 Planning Zoning Commission meeting.
Commissioner Wells SECONDED the motion.
VOTE ON POSTPONEMENT:
MOTION PASSED UNANIMOUSLY.
Twait read the 15 day appeal process procedure.
5 f. PZ06 27 Revocation hearing revoking Conditional Use Permit Steve
Rick Voth dba Captain Bligh's Beaver Creek Lodge (Cabin Rentals) -1010
Angler Drive (Lot 1, James H. Cowan Estates).
MOTION:
Commissioner Romain MOVED to approve PZ06 -27 and Commissioner Wells
SECONDED the motion.
Carver reviewed the staff report included in the packet, noting administration would
be recommending amendments to the Conditional Use Permit to include the following
rules:
1
MOTION TO AMEND:
Remain current with City of Kenai assessments.
Remain current with Kenai Peninsula Borough sales tax and property
taxes.
Submit quarterly reports of activity on the property to the Planning
Zoning Department through December 31, 2011.
Develop and enforce house rules for the property. Rules should include
specific guidelines for fish cleaning, trash and storage of cooler.
Applicant must comply with all Federal, State and local regulations.
Twait opened the meeting to public hearing.
Steve Voth, 1035 Angler Drive, Kenai Applicant spoke in support of the
amendments.
There being no one else wishing to speak, the public hearing was closed.
PLANNING ZONING COMMISSION MEETING
AUGUST 11, 2010
PAGE 8
Rogers
YES
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
Commissioner Bryson MOVED to amend the Conditional Use Permit to include
recommendations made by staff. Commissioner Romain SECONDED the motion.
VOTE ON AMENDMENT:
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN MOTION AS AMENDED:
MOTION PASSED UNANIMOUSLY.
Twait read the 15 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 noted the passing of Ted
Stevens, reviewed the action agenda items of the August 4, 2010 City Council Meeting,
and noted there would be a Board of Adjustment Hearing on August 23, 2010 on the
Disque revocation.
9 b. Borough Planning Commissioner Bryson reviewed the agenda of the
August 9, 2010 Borough Planning Commission meeting, noting street naming required
looking at public comments and the historical significance of the suggested names.
9 c. Administration Carver noted the MAPS group would be at the
September 8, 2010 meeting to make a presentation related to conditional use permits
and land use tables. She added, there would be a work session on kennels at 6:00
p.m. on August 25, 2010.
ITEM 10: PERSONS PRESENT NOT SCHEDULED None
ITEM 11: INFORMATION ITEMS
PLANNING ZONING COMMISSION MEETING
AUGUST 11, 2010
PAGE 9
11 -c.
"Zoning Bulletin" June 25, 2010
PZ10 -32 Landscape /Site Plan ACS Retail Store 10128 Kenai Spur
Highway (Lot 3, Baron Park Subdivision, 2008 Replat).
PZ10 -34 Landscape /Site Plan Stanley Motors 10288 Kenai Spur
Highway (Lot 2C, Baron Park Subdivision Addn. No. 9).
ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION
12 a. August 25, 2010
Commissioner Wells requested an excused absence for the August 25, 2010 meeting
and Commissioner Brookman noted he would be on Federal jury duty through August.
12 b. Work Session set for 6 p.m. KMC 3.15 Kennels
Commissioner Romain noted he would be late for the work session on August 25,
2010.
ITEM 13:
ITEM 14:
MOTION:
COMMISSION COMMENTS QUESTIONS None
ADJOURNMENT
Commissioner Wells 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 8:24 p.m.
Minutes prepared and submitted by:
n The-ii- e L lk-e-4 1
Corene Hall, CMC, Deputy City Clerk
PLANNING ZONING COMMISSION MEETING
AUGUST 11, 2010
PAGE 10