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HomeMy WebLinkAbout2011-05-25 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 25, 2011 - 7:00 p.m. 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused Absences ➢ Commissioner Romain *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. *May 11, 2011 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ11 -17 — Preliminary Plat — Killen Estates Richmond Addition — A resubdivision of Tract 2 & 3 Killen Estates Addition No. 1. Plat submitted by McLane Consulting, Inc. P.O. Box 468, Soldotna, Alaska. b. PZ 11 -18 -- Preliminary Plat — Holland Spur Highway Subdivision — A resubdivision Deed Parcel KN Book 38, Page 207. Plat submitted by McLane Consulting, Inc. P.O. Box 468, Soldotna, Alaska. c. PZ11 -19 — Preliminary Plat — Townsite of Kenai — Kenaitze Addition — A replat of Lots 2 -12, 15, 16, 18 -20, 22 -A, and 23 Block 5, Townsite of Kenai (US Survey 2970A) and a vacation of alleyways within Block 5 located within the E112, Sec. 6, T5N, R11 W, SM. Plat submitted by Integrity Surveys, Inc., 43335 K -Beach Road, Suite 10, Soldotna, Alaska, d. PZ11 -20 — Preliminary Plat — Silver Pines Part 2 — A replat of Tract A, Silver Pines Part 1 (KRD 85 -209) located in the NW 1/4 Section 31. T6N, R11W, SM. Plat submitted by Johnson Surveying, P.O. Box 27, Clam Gulch, Alaska. 5. PUBLIC HEARINGS: a. PZ11 -14 — An application for an Encroachment Permit for a 5 -foot rear yard setback encroachment for the property known as Lot 3, Cinderella Subdivision (312 Princess Street). Application submitted by Mark Schrag, 312 Princess Street, Kenai, Alaska. b. PZ 11 -15 — An application for a Variance Permit for a 2 -foot front yard setback variance for the property known as Lot 3, Cinderella Subdivision (312 Princess Street). Application submitted by Mark Schrag, 312 Princess Street, Kenai, Alaska. c. PZ11 -16 - A Resolution of the Kenai Planning And Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Title 14, Planning And Zoning to clarify what rates, charges, and fees are due as set forth in the city's fee schedule and making technical changes and corrections, including removing the appeal section for encroachment permits at KMC14.20.185, to clarify that appeals are subject to the process in KMC 14.20.290. d. PZ11 -21 — An application for a Conditional Use Permit for subsurface extraction of natural resources for the property described as A portion of T 6N R 11 W Section 22 Seward Meridian KN All of Section 22, 23, & 26 & W1 /2 & W1 /2 W1 /2 SE1 /4 of Section 24 & W1 /2 & W1 /2 E1 /2 of Section 25 & N1 /2 & SW1 /4 & N1 /2 SE1 /4 of Section 27 (No address. Property is accessed via Highbush Lane and a section line easement.) Application submitted by Buccaneer Alaska Operations, LLC, 952 Echo Lane, Suite 420, Houston, Texas. 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. PZl 1 -11 — Landscape /Site Plan -- Alaska State Land Survey 76 -118 ADL 72801 T6NR11 W Section 36 (420 Shotgun Drive). Application submitted by Hattenburg Dilley Linnell, 202 Elmwood Avenue, Palmer, Alaska for City of Kenai. b. PZ11 -12 — Landscape /Site Plan — Facility Site — T5N11W Section 4 Seward Meridian KN SE1 /4 SE1 /4 (1377 Bridge Access Road). Application submitted by Cook Inlet Natural Gas Storage Alaska LLC, P.O. Box 190889, Anchorage, Alaska. c. PZ11 -13 — Landscape /Site Plan — Well Pad — Tract F, Boat Ramp Subdivision (1430 Bridge Access Road). Application submitted by Cook Inlet Natural Gas Storage Alaska LLC, P.O. Box 190889, Anchorage, Alaska. d. Memo to Attorney Stearns dated 5/6/11 regarding Board of Adjustment — Disque. Status. e. Kenai River Center Permit KRC #8718, Salamatof Seafoods, Inc., 672 Bridge Access Road. Dock repair. 12. NEXT MEETING ATTENDANCE NOTIFICATION: June 8, 2011 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: ITEM 1: CITY OF KENAI PLANNING & ZONING COMMISSION MAY 25, 2011 7:00 P.M. CITY COUNCIL CHAMBERS CHAIR JEFF TWAIT, PRESIDING CALL TO ORDER MINUTES Chair Twait called the meeting to order at approximately 7 :00 p.m. 1 -a. Pledge of Allegiance Chair Twait led those assembled in the Pledge of Allegiance. 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff/ Council Liaison present: A quorum was present. 1 -c. Agenda Approval MOTION: K. Rogers, T. Navarre, J. Twait, P. Bryson, H. Knackstedt, K. Koester S. Romain (excused) City Planner M. Kebschull, Administrative Assistant N. Carver, Deputy City Clerk C. Hall Commissioner Knackstedt MOVED to approve the agenda with the addition of a revised site plan for Buccaneer Alaska Operations, LLC and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1 -d. MOTION: Consent Agenda Commissioner Navarre MOVED to approve the consent agenda and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences • Commissioner Romain 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 -- May 11, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS 4 -a. PZ11 -17 - Preliminary Plat - Killen Estates Richmond Addition - A resubdivision of Tract 2 & 3 Killen Estates Addition No. 1. Plat submitted by McLane Consulting, Inc. P.O. Box 468, Soldotna, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ11 -17 and Commissioner Navarre SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet. Twait read the rules for public hearing and opened the meeting to public comment. The floor was opened to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: Rogers YES Navarre YES Twait YES Bryson YES Romain EXCUSED Knackstedt YES Koester YES MOTION PASSED UNANIMOUSLY. 4 -b. PZ11 -18 - Preliminary Plat - Holland Spur Highway Subdivision - A resubdivision Deed Parcel KN Book 38, Page 207. Plat submitted by McLane Consulting, Inc. P.O. Box 468, Soldotna, Alaska. MOTION: Commissioner Knackstedt MOVED to approve PZ 11 -18 and Commissioner Navarre SECONDED the motion. Kebschull reviewed the staff report included in the packet. PLANNING AND ZONING COMMISSION MEETING MAY 25, 2011 PAGE 2 Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: Rogers YES Navarre YES Twait YES Bryson YES Romain EXCUSED Knackstedt YES Koester YES MOTION PASSED UNANIMOUSLY. 4 -c. PZ 11 -19 - Preliminary Plat - Townsite of Kenai - Kenaitze Addition - A replat of Lots 2 -12, 15, 16, 18 -20, 22 -A, and 23 Block 5, Townsite of Kenai (US Survey 2970A) and a vacation of alleyways within Block 5 located within the E1/2, Sec. 6, T5N, R11W, SM. Plat submitted by Integrity Surveys, Inc., 43335 K -Beach Road, Suite 10, Soldotna, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ 11 -19 with staff recommendations and Commissioner Knackstedt SECONDED the motion. Kebschull reviewed the staff report included in the packet, recommending approval with the following contingencies: • Vacations must receive concurrence from other utility companies. • Water main off Overland Avenue must be abandoned and may require alternate water service to the structure located on Lot 4A. Twait opened the meeting to public hearing. There being no one wishing to speak, the public hearing was closed. Comments included: • The intent of the plat was to eliminate property lines. • Whether there would be more right of way for sidewalks was reviewed and found not to be feasible. • The tract originated with the original Townsite plat. • There would be no encroachments. • The applicant was finalizing design plans and a conditional use permit and variance application would be forthcoming. VOTE: Rogers YES Navarre YES Twait YES Bryson YES Romain EXCUSED Knackstedt YES Koester YES PLANNING AND ZONING COMMISSION MEETING MAY 25, 2011 PAGE 3 MOTION PASSED UNANIMOUSLY. 4 -d. PZ1 1-20 - Preliminary Plat - Silver Pines Part 2 - A replat of Tract A, Silver Pines Part .1 (KRD 85 -209) located in the NW 1/4 Section 31. T6N, R11W, SM. Plat submitted by Johnson Surveying, P.O. Box 27, Clam Gulch, Alaska. MOTION: Commissioner Knackstedt MOVED to approve PZ 11 -20 with staff recommendations and Commissioner Navarre SECONDED the motion. Kebschull reviewed the staff report included in the packet and recommended approval with the following requirements: • Request and receive an exception from KMC 14.10.070(a) and KMC 14.10.070(d)(3). If an exception is not received, any dedication would require an installation agreement and construction of right -of -ways. Twait opened the meeting to public comment: Crystal Olinder, Sterling -- Spoke in support of the exception, noting the lot would be used for a single- family dwelling and there would be no subdivision. There being no one else wishing to speak, the public hearing was closed. Commissioner comments included: • Expressed concern with access for safety vehicles. • The plat would be reviewed by the City and then the Borough. MOTION TO AMEND: Commissioner Navarre MOVED to amend PZ11 -20 by adding the following: 1. Exception is granted from KMC14.10.070(a) and KMC 14.10.070(d)(3) and exception must be received from the Borough. If no exception from the Borough, then the following applies: 2. If an exception is not received, any dedication will require an installation agreement and construction of right -of -ways. Commissioner Bryson SECONDED the motion. VOTE ON AMENDMENT: Rogers YES Navarre YES Twait , YES Bryson YES Romain EXCUSED Knackstedt YES Koester YES PLANNING AND ZONING COMMISSION MEETING MAY 25, 2011 PAGE 4 MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: Rogers YES Navarre YES Twait YES Bryson , YES Romain EXCUSED Knackstedt YES Koester YES MOTION PASSED UNANIMOUSLY.. ITEM 5: PUBLIC HEARINGS 5 -a. PZ11 -14 - An application for an Encroachment Permit for a 5 -foot rear yard setback encroachment for the property known as Lot 3, Cinderella Subdivision (312 Princess Street). Application submitted by Mark Schrag, 312 Princess Street, Kenai, Alaska, MOTION: Commissioner Knackstedt MOVED to approve PZ11 -14 and Commissioner Navarre SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting the following conditions existed: • The encroachment did not encroach into a right -of -way or utility easement. • This was a single - family dwelling which was a permitted use in the district. • The encroachment did not cross the lot line. Twait opened the meeting to public comment. Mark Schrag, 312 Princess, Kenai -- Applicant spoke in support of the permit. There being no one else wishing to speak, the public hearing was closed. VOTE: Rogers YES Navarre YES Twait YES Bryson YES Romain EXCUSED Knackstedt YES Koester YES MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeal process. PLANNING AND ZONING COMMISSION MEETING MAY 25, 2011 PAGE 5 5 -b. PZ11 -15 — An application for a Variance Permit for a 2 -foot front yard setback variance for the property known as Lot 3, Cinderella Subdivision (312 Princess Street). Application submitted by Mark Schrag, 312 Princess Street, Kenai, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ11 -15 with staff recommendations and Commissioner Rogers SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting the following criteria needed to be met: 1. Special conditions or circumstances were present which were peculiar to the land or structures involved and were not applicable to other lands or structures in the same zoning district. 2. The special conditions or circumstances were not 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 a variance would be the minimum variance that would provide for the reasonable use of the land and /or structure. 5. The granting of the variance would not be based upon other non - conforming land uses or structures within the same land use or zoning district. Twait opened the meeting to public hearing. Charles Winegarden, 309 Princess, Kenai -- Spoke in support of the variance. Nancy Schrag, 312 Princess, Kenai -- Spoke in support of the variance. There being no one else wishing to speak, the public hearing was closed. VOTE: Rogers YES Navarre YES Twait YES Bryson YES Romain EXCUSED Knackstedt YES Koester YES MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeal process. 5 -c. PZ11 -16 - A Resolution of the Kenai Planning And Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Title 14, Planning And Zoning t� clarify what rates, charges, and fees are due as set forth in the city's fee schedule and making technical changes and PLANNING AND ZONING COMMISSION MEETING MAY 25, 2011 PAGE 6 corrections, including removing the appeal section for encroachment permits at KMC14.20.185, to clarify that appeals are subject to the process in KMC 14.20.290. MOTION: Commissioner Navarre MOVED to approve PZ11 -16 and Commissioner Knackstedt SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting corrections had been made. Twait opened the meeting to public hearing. Barry Eldridge, 2679 Bowpicker Lane, Kenai -- Noted a typographical error on page 50. There being no one else wishing to speak, the public hearing was closed. MOTION TO AMEND: Commissioner Navarre MOVED to amend PZ11 -20 by changing (i) to (h) on page 50 and Commissioner Knackstedt SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: Rogers YES Navarre YES Twait YES Bryson YES Romain EXCUSED Knackstedt YES Koester YES MOTION PASSED UNANIMOUSLY. 5 -d. PZ11 -21 - An application for a Conditional Use Permit for subsurface extraction of natural resources for the property described as A portion of T 6N R 11 W Section 22 Seward Meridian KN All of Section 22, 23, 8526 8&W1/28&W1/2W1/2SE1/4 of Section 2485W1 /28&W1/2E1/2of Section 25 & N1/2 86 SW1 /4 86 N1 /2 SE1 /4 of Section 27 (No address. Property is accessed via Highbush Lane and a section line easement.) Application submitted by Buccaneer Alaska Operations, LLC, 952 Echo Lane, Suite 420, Houston, Texas. MOTION: Commissioner Navarre MOVED to approve PZ 11 -21 and Commissioner Rogers SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING MAY 25, 2011 PAGE 7 Kebschull reviewed the staff report included in the packet, noting the following criteria needed to be met: • The use was consistent with the purpose of the 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 plan. • The proposed use would 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. Those 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: 1. All permits required from City, State and Federal agencies must be approved prior to construction of the facility. Twait opened the floor to public comment. Sam McLane, 36745 Chinulna Drive, Kenai - - Noted the right of way had been increased from 40 to 50 feet and for emergency response, the facility would be addressed. Chris Pearson, 709 Highbush, Kenai -- Reported he was removing debris as required before June 15, 2011 and the Conditional Use Permit sign was in a poorly visible spot. When asked if he had received notification, Pearson answered yes. There being no one else wishing to speak, the public hearing was closed. MOTION TO AMEND: Commissioner Navarre MOVED to amend PZ11 -21 to include staff findings and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. MOTION TO AMEND: Commissioner Bryson MOVED to amend PZ11 -21 to incorporate staff comments. Commissioner Navarre SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: PLANNING AND ZONING COMMISSION MEETING MAY 25, 2011 PAGE 8 Rogers YES Navarre YES Twait YES Bryson YES Romain EXCUSED Knackstedt YES Koester YES MOTION PASSED UNANIMOUSLY. Twait read the 15 day appeal process. ITEM 6: UNFINISHED BUSINESS -- None ITEM 7: NEW BUSINESS - - None ITEM 8: PENDING ITEMS -- None ITEM 9: REPORTS 9 -a. City Council -- No report. 9 -b. Borough Planning -- Commissioner Bryson reviewed the May 23, 2011 Borough Planning Commission agenda included in the packet. 9 -c. Administration -- Kebschull gave the Commissioners homework for the Comprehensive Plan meeting on June 8, 2011; noted the June 8, 2011 meeting would include a Conditional Use Permit for the motocross at the Twin Cities Raceway and reported 323 notices to parties within 1/2 mile of the raceway were sent. ITEM 10: PERSONS PRESENT NOT SCHEDULED Kristine Schmidt, 513 Ash Avenue, Kenai -- Reported resolutions do have public hearings and asked the Commission to develop new standards for public notice through their work on the Comprehensive Plan. ITEM 11: INFORMATION ITEMS 11 -a. 11 -b. 11 -c. PZ11 -11 - Landscape /Site Plan - Alaska State Land Survey 76 -118 ADL 72801 T6NR11W Section 36 (420 Shotgun Drive). Application submitted by Hattenburg Dilley Linnell, 202 Elmwood Avenue, Palmer, Alaska for City of Kenai. PZ11 -12 - Landscape /Site Plan - Facility Site - T5N11W Section 4 Seward Meridian KN SE1/4 SE1/4 (1377 Bridge Access Road) . Application submitted by Cook Inlet Natural Gas Storage Alaska LLC, P.O. Box 190889, Anchorage, Alaska. PZ11 -13 - Landscape /Site Plan - Well Pad - Tract F, Boat Ramp Subdivision (1430 Bridge Access Road). Application submitted by Cook PLANNING AND ZONING COMMISSION MEETING MAY 25, 2011 PAGE 9 Inlet Natural Gas Storage Alaska LLC, P.O. Box 190889, Anchorage, Alaska. 11 -d. Memo to Attorney Stearns dated 5/6/11 regarding Board of Adjustment Disque. Status. 11 -e. Kenai River Center Permit KRC #8718, Salamatof Seafoods, Inc., 672 Bridge Access Road. Dock repair. ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. June 8, 2011 No commissioners requested an excused absence for the June 8, 2011 meeting. ITEM 13: COMMISSION COMMENTS & QUESTIONS Navarre -- Thanked Administration for the homework and requested a timeline be discussed at the next meeting. Kebschull noted she would add a timeline as a discussion item for the June 8 meeting. Koester -- Thanked Navarre for his comments. Knackstedt -- Thanked Navarre for his comments and noted he had seen a flare from his neighborhood. ITEM 14: ADJOURNMENT MOTION: Commissioner Navarre MOVED to adjourn and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at approximately 9:05 p.m. Minutes prepared and submitted by: e Lorene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING MAY 25, 2011 PAGE 10