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HomeMy WebLinkAbout2010-10-27 Planning & Zoning Minutes1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences 7. NEW BUSINESS: a. Telephonic Participation Discussion. S. PENDING ITEMS: 9. REPORTS: a. City Council CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS October 27, 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. *October 13, 2010 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: 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. b. PZ10 -43 An application for a Conditional Use Permit for Short -term Rentals, for the property known as Government Lot 15, (412 N. Forest Drive), Kenai, Alaska. Application submitted by K. Theresa Hoogland dba Elevated Investments, LLC, (Courtyard Gardens) 412 N. Forest Drive, Apt. B -1, Kenai, Alaska. 6. UNFINISHED BUSINESS: b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. Kenai City Council Roster b. Clerk's Approval of December 22, 2010 Meeting Cancellation 12. NEXT MEETING ATTENDANCE NOTIFICATION: November 10, 2010 13. COMMISSION COMMENTS QUESTIONS: 14. ADJOURNMENT: ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:02 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 Commissioner Wells requested Scott Romain be added to the Excused Absence list. MOTION: Commissioner Wells MOVED to approve the agenda with the addition and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 1 -c. MOTION: Consent Agenda CITY OF KENAI PLANNING ZONING COMMISSION OCTOBER 27, 2010 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING MINUTES J. Twait, P. Bryson, K. Rogers, G. Brookman, K. Koester, R. Wells S. Romain City Planner M. Kebschull, Council Member R. Molloy, Deputy City Clerk C. Hall Commissioner Bryson MOVED to approve the consent agenda and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. 1 d. *Excused Absences Scott Romain (added at the beginning of the meeting) 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 October 13, 2010 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT None ITEM 4: CONSIDERATION OF PLATS None ITEM 5: PUBLIC HEARINGS 5 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. MOTION: Commissioner Bryson MOVED to recommend approval of PZ10 -38 and Commissioner Rogers SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, noting the Commission had worked on the resolution in numerous work sessions. Twait read the rules of public hearing and opened the meeting to public comment. Bill Osborn, 423 Rogers Road, Kenai. Requested clarification that the Animal Control Officer would be deciding if a kennel was legal. There being no one else wishing to speak, the public hearing was closed. Commissioner comments included: Animal Control would make decisions related to kennels based upon facts and would need to defend that decision at the Council level. Thanked Mr. Osborn for his comments. Noted the resolution would give the Animal Control Officer better criteria for making decisions. Noted the resolution was a good first step, allowing for notification of surrounding neighbors and an appeal process. Verified that over four (4) animals would be considered a kennel. PLANNING AND ZONING COMMISSION MEETING OCTOBER 27, 2010 PAGE 2 Twait YES Bryson YES Rogers YES Brookman YES Koester YES Romain EXCUSED Wells YES VOTE: MOTION PASSED UNANIMOUSLY. Kebschull noted the resolution would be introduced to Council at the November 23, 2010 meeting and the public hearing would be at the December 1, 2010 City Council meeting. 5 b. PZ1O 43 An application for a Conditional Use Permit for Short -term Rentals, for the property known as Government Lot 15, (412 N. Forest Drive), Kenai, Alaska. Application submitted by K. Theresa Hoogland dba Elevated Investments, LLC, (Courtyard Gardens) 412 N. Forest Drive, Apt. B -1, Kenai, Alaska. MOTION: Commissioner Rogers MOVED to approve PZ10 -43 and Commissioner Brookman SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting the applicant would need to meet the following criteria: 1. The use was consistent with the purpose of this chapter 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 would be adequate to serve the proposed use. 5. The proposed use would not be harmful to public safety, health and 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. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. Commissioner comments included: The apartments were upgraded, with nice landscaping. The apartments were an asset to the community. PLANNING AND ZONING COMMISSION MEETING OCTOBER 27, 2010 PAGE 3 Twait YES Bryson YES Rogers YES Brookman YES Koester YES Romain EXCUSED Wells YES Twait YES Bryson NO Rogers NO Brookman YES Koester YES Romain EXCUSED Wells YES There would be annual reviews to verify the majority of rentals were still long term. VOTE: MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeals process procedure. ITEM 6: UNFINISHED BUSINESS None ITEM 7: NEW BUSINESS 7 a. Discussion Telephonic Participation. Commissioner comments included: There was great value in being present at meetings to deal directly with the public. It was commendable that a person was willing to call in. Telephonic participation would be limited to two (2) times in a 12 -month period, with two (2) more allowed for medical reasons. Telephonic participation was too much work for people travelling. Although calling in was not as good as being in person, it would be good to have as an option. MOTION: Commissioner Wells MOVED to recommend Council consider telephonic participation for Planning and Zoning commissioners. Commissioner Brookman SECONDED the motion. VOTE: MOTION PASSED. ITEM 8: ITEM 9: It was noted short term was anything less than 30 days. PENDING ITEMS None REPORTS PLANNING AND ZONING COMMISSION MEETING OCTOBER 27, 2010 PAGE 4 9 a. City Council Council Member Molloy reviewed the action agenda of the October 20, 2010 City Council meeting, noting the October 5 election was certified and the November 17 Council meeting was rescheduled for November 23 to accommodate Council members attend the Alaska Municipal League annual conference. Molloy thanked Commissioner Wells for his service on the Commission and reported the Council had appointed Tim Navarre to the Commission. 9 b. Borough Planning Commissioner Bryson reviewed the October 25, 2010 Borough Planning Commission meeting agenda which was included in the packet. 9 c. Administration Kebschull reported there would be a public hearing for a conditional use permit for a wind turbine at the next Commission meeting (November 10, 2010). Kebschull reported Mr. Disque would be appealing the Board of Adjustment findings to the Court. ITEM 10: PERSONS PRESENT NOT SCHEDULED Kristine Schmidt, 513 Ash Avenue, Kenai Noted if the Commission would be voting on an item on the agenda, it should be noted in the agenda so the public could participate. Schmidt also noted telephonic participation should not be allowed as the Commission was a quasi judicial body. Barry Eldridge, 2679 Bowpicker Lane, Kenai Spoke in favor of telephonic participation. ITEM 11: INFORMATION ITEMS 11 a. Kenai City Council Roster 11 b. Clerk's Approval of December 22, 2010 Meeting Cancellation ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 a. November 10, 2010 Kebschull noted there would be a work session at 6:00 p.m. prior to the regular meeting. There were no commissioners that would not be able to attend. ITEM 13: COMMISSION COMMENTS QUESTIONS Brookman Thanked Wells for his work on the Commission. Twait Thanked Wells for his work on the Commission. Wells Thanked the public and commissioners for their good wishes and noted he was impressed with staffs work in making sure he was prepared to participate as a commissioner. PLANNING AND ZONING COMMISSION MEETING OCTOBER 27, 2010 PAGE 5 ITEM 14: MOTION: ADJOURNMENT Commissioner Brookman MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 7 :55 p.m. Minutes prepared and submitted by: 0 -07 A/1-c- Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING OCTOBER 27, 2010 PAGE 6