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HomeMy WebLinkAbout2010-10-13 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. *September 22, 2010 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) a. Vince Goddard, President, Inlet Fish Producers, Inc., P.O. Box 1209, Kenai, Alaska Public safety factors related to the siting, design, construction, and operation of public gas storage facilities 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS October 13, 2010 7:00 p.m. a. PZ10 -37 An application for a Conditional Use Permit for a Horne Business /Outside Storage Yard, for the properties known as Lots 7 8, Luebke Subdivision (601 603 Highbush Lane), Kenai, Alaska. Application submitted by Michael Brown, 601 Highbush Lane, Kenai, Alaska. (Postponed from 10/22/10) b. PZ1 0-40 An application for a 5 -Foot Side Yard Setback Variance, for the property known as Lot 10, Block 3, Silver Pines Subdivision Part 1(309 Ponderosa Street), Kenai, Alaska. Application submitted by Michael and Karen Eberhard, 309 Ponderosa Street, Kenai, Alaska. c. PZ10 -41 An application for a Conditional Use Permit for a Natural Gas Storage Facility for the property known as SEI /4 SE14 Section 4, Township 5 N, Range 11 W SM (1377 Bridge Access Road). Application submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989. d. PZ10 -42 An application for a Conditional Use Permit for a Natural Gas Storage Facility Well Pad for the property known as Tract F, Boat Ramp Subdivision (1430 Bridge Access Road). Application submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989. 6. UNFINISHED BUSINESS: a. PZ10 -38 a resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Chapter 3, "Animal Control," by amending the definition of "Kennel" to distinguish between commercial and non commercial kennels and to establish a notice process for kennel license applications and renewals and to provide for an appeal process of kennel licensing decisions. Discussion/Set Public Hearing. 7. NEW BUSINESS: a. Lease Application Kenai Nikiski Pipe Line LLC (KNPL) Portion of Tract A, Kenai Spur Airport Lease Property, Plat No. 78 -111 Discussion/Recommendation. 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Clerk's approval of November 24 meeting cancellation. b. Quarterly Reports D Code Enforcement P &Z Resolutions D Building Permits c. Council Resolution No. 2010 -57 Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal funding requests for Fiscal Year 2012 d. Board of Adjustment Decision Lynford Disque Revocation of Conditional Use Permit PZ09 -30. 12. NEXT MEETING ATTENDANCE NOTIFICATION: October 27, 2010 13. COMMISSION COMMENTS QUESTIONS: 14. ADJOURNMENT: ADD TO: 1 -d. Excused Absences 5 -a. PZ 10 -37 MOTION: Approved by consent agenda. CITY OF KENAI PLANNING ZONING COMMISSION OCTOBER 13, 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: J. Twait, P. Bryson, K. Rogers, G. Brookman, K. Koester, S. Romain R. Wells City Planner M. Kebschull, Planning Administrative Assistant N. Carver, Council Member B. Eldridge, Deputy City Clerk C. Hall A quorum was present. 1 -b. Agenda Approval Commissioner Romain read the following changes to the agenda: Roy Wells Applicants email request to withdraw application Commissioner Romain MOVED to approve the agenda with the changes and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 1 -c. Consent Agenda MOTION: Commissioner Romain MOVED to approve the consent agenda and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 1 -d. *Excused Absences Roy Wells (added at the beginning of the meeting) *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 September 22, 2010 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT 3 -a. Vince Goddard, President, Inlet Fish Producers, Inc., P.O. Box 1209, Kenai, Alaska Public safety factors related to the siting, design, construction, and operation of public gas storage facilities. Mr. Goddard spoke regarding the safety issues related to natural gas storage facilities, noting concern with poisoning of the water supply. ITEM 4: CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS 5 a. PZ10 37 An application for a Conditional Use Permit for a Home Business /Outside Storage Yard, for the properties known as Lots 7 8, Luebke Subdivision (601 603 Highbush Lane), Kenai, Alaska. Application submitted by Michael Brown, 601 Highbush Lane, Kenai, Alaska. (Postponed from 10/22/10) Removed from the agenda. Applicant withdrew their request. 5 b. PZ10 40 An application for a 5 -Foot Side Yard Setback Variance, for the property known as Lot 10, Block 3, Silver Pines Subdivision Part 1(309 Ponderosa Street), Kenai, Alaska. Application submitted by Michael and Karen Eberhard, 309 Ponderosa Street, Kenai, Alaska. MOTION: Commissioner Bryson MOVED to recommend approval of PZ10 -40 and Commissioner Rogers SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, noting the following conditions: 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. PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 2010 PAGE 2 Wells EXCUSED Twait YES Bryson YES Rogers YES Brookman YES Koester YES Romain YES 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. The granting of the variance could not authorize a use that would not be a permitted principal use in the zoning district in which the property was located. The granting of a variance must be the minimum variance that would provide for the reasonable use of the land and /or structure. The granting of a variance must not be based upon other non conforming land uses or structures within the same land use or zoning district. Twait read the rules of public hearing and opened the meeting to public hearing. Jim Wood, 48969 Jones Road, Kenai Spoke in support of the variance. There being no one else wishing to speak, the public hearing was closed. VOTE: MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeal process procedures. 5 c. PZ10 41 An application for a Conditional Use Permit for a Natural Gas Storage Facility for the property known as SE 1 /4 SE 14 Section 4, Township 5 N, Range 11 W SM (1377 Bridge Access Road). Application submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989. MOTION: Commissioner Romain MOVED to approve PZ10 -41 with staff recommendations and Commissioner Koester SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting the applicant needed to meet the following criteria: The use was consistent with the purpose of this chapter and the purposes and intent of the zoning district. The value of the adjoining property and neighborhood would not be significantly impaired. The proposed use was in harmony with the Comprehensive Plan. Public services and facilities were adequate to serve the proposed area. PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 2010 PAGE 3 Wells EXCUSED Twait YES Bryson YES Rogers YES Brookman YES Koester YES Romain YES The proposed use would not be harmful to the public safety, health and welfare. 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 were not 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: All permits required from City, State, and Federal agencies must be approved prior to construction of the facility. Twait opened the meeting to public hearing. Edward Scarpace, CINGSA representative Spoke in support of the permit, noting the operation would meet all fire and safety codes and a soils report was completed that would be used to meet guidelines. Vince Goddard, Kenai Spoke in opposition to the permit, noting concern value of surrounding properties would decrease. Henry Knackstedt, 1602 Barabara, Kenai Spoke in support of the permit. There being no one else wishing to comment, the public hearing was closed. Commissioner comments included: There should be an evaluation of increased fire protection staffing. The permit was appropriate for land use. The company provided benefit to the community. Concern of seismic problems. VOTE: MOTION PASSED UNANIMOUSLY. 5 -d. PZIO.42 An application for a Conditional Use Permit for a Natural Gas Storage Facility Well Pad for the property known as Tract F, Boat Ramp Subdivision (1430 Bridge Access Road) Application submitted by Cook Inlet Natural Gas Storage Alaska, LLC, P.O. Box 190989, Anchorage, Alaska 99519 -0989. MOTION: PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 2010 PAGE 4 Commissioner Romain MOVED to approve PZ10-42 with staff recommendations and all permits approved. Commissioner Rogers SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting the applicant needed to meet the following criteria: The use be consistent with the purpose of this chapter and the purposes and intent of the zoning district. The value of the adjoining property and neighborhood would not be significantly impaired. The proposed use is in harmony with the Comprehensive Plan. Public services and facilities would need to be adequate to serve the proposed use. The proposed use could not be harmful to the public safety, health or welfare. 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 were not 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: All permits required by City, State and Federal agencies must be approved prior to construction of the facility. Twait opened the meeting to public hearing. Richard Gentges, CINGSA Spoke in support of the permit and reviewed the conceptual plan for the facility. Commissioner comments included: The estimated depth of directional wells would be 300 feet; the reservoir is 4950 5150 feet below the surface. There would be public comment allowed in the permitting process through the Alaska Oil and Gas Conservation Commission AOGCC). Expansion at the site could occur if the market demanded. There was space for two additional wells. A seismic study would be published and before the AOGCC next week. Vince Goddard, Kenai Spoke in opposition to the permit, citing public safety issues. Richard Gentges, CINGSA Spoke in support of the permit, noting CINGSA looked at 48 different sites and considered the following: size of reservoir, location of field, size of depletion, existing infrastructures, geologic characteristics, and dry natural gas. Gentges noted there would be a public hearing at 9:00 a.m. at the AOGCC office in Anchorage on October 19, 2010. PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 2010 PAGE 5 Wells EXCUSED Twait YES Bryson YES Rogers NO Brookman NO Koester YES Romain YES Edward Scarpace, CINGSA Gave each commissioner an article on a reservoir built in 1975 with 39 penetrations. There being no one else wishing to speak, the public hearing was closed. Commissioner comments included commending Mr. Goddard on his information and presentation. VOTE: MOTION PASSED. Twait read the 15 day appeals process procedure. BREAK: 9:04 p.m. BACK TO ORDER: 9:12 p.m. ITEM 6: UNFINISHED BUSINESS 6 -a. Discussion /Set Public Hearing PZ10 -38 a resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Chapter 3, "Animal Control," by amending the definition of "Kennel" to distinguish between commercial and non- commercial kennels and to establish a notice process for kennel license applications and renewals and to provide for an appeal process of kennel licensing decisions. Kebschull reviewed the staff report. Commission requested the public hearing be set for October 27, 2010. ITEM 7: NEW BUSINESS 7 a. Discussion /Recommendation Lease Application Kenai Nikiski Pipe Line LLC (KNPL) Portion of Tract A, Kenai Spur Airport Lease Property, Plat No. 78 -111. Kebschull reviewed the staff report, noting the proposed use met the requirements. MOTION: Commissioner Romain MOVED to recommend Council proceed with the lease application and Commissioner Bryson SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 2010 PAGE 6 Wells EXCUSED Twait YES Bryson YES Rogers YES Brookman YES Koester YES Romain YES VOTE: MOTION PASSED UNANIMOUSLY. ITEM 8: ITEM 9: REPORTS PENDING ITEMS None 9 a. City Council Council Member Eldridge reported this would be his Last meeting as a Council member, then reviewed the action agenda items of the October 6, 2010 City Council meeting. Twait thanked Eldridge for his work on the Council and Commission. 9 b. Borough Planning Bryson reviewed the agenda of the October 11, 2010 Borough Planning Commission meeting, included in the packet. 9 c. Administration Kebschull reported the City Clerk had cancelled the November 24 meeting, and would request cancellation of the December 22 meeting. She noted there would be a work session at 6:30 p.m. on October 27, 2010 regarding bee keeping within the city. ITEM 10: PERSONS PRESENT NOT SCHEDULED None ITEM 11: INFORMATION ITEMS 11 a. Clerk's approval of November 24th meeting cancellation. 11 b. Quarterly Reports Code Enforcement P &Z Resolutions Building Permits 11 c. Council Resolution No. 2010 -57 Adopting the City of Kenai Capital Improvements Plan Priority List for State and Federal funding requests for Fiscal Year 2012. 11 d. Board of Adjustment Decision Lynford Disque Revocation of Conditional Use Permit PZ09 -30. ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION: 12 a. October 27, 2010 Commissioner Romain reported he would not be able to attend the October 27 meeting. PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 2010 PAGE 7 ITEM 13: COMMISSION COMMENTS QUESTIONS None ITEM 14: ADJOURNMENT MOTION: Commissioner Romain 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 9:27 p.m. Meeting summary prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 2010 PAGE 8