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HomeMy WebLinkAbout2011-06-08 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS June S, 2011 - 7 :00 p.m. 6 to 7:00 p.m. City of Kenai Comprehensive Plan Update Land Use — Review Development & Zoning 1. CALL TO ORDER a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *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. *May 25, 2011 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ11 -22 — An application for a Conditional Use Permit for the motocross track at the Twin Cities Raceway located at 490 Shotgun Drive (E1 /2SW1 /4NW1 /4NE1 /4 and E1 /2NW1 /4SW1 /4NE1 /4 and SW1 /4NW1 /4NE1 /4 and NE1 /4SW1 /4NE1 /4 and E1 /2SW1 /4SW1 /4NE1 /4 and SW1 /4SE1 /4NE1 /4 and S1 /2NE1/4SE1 /4NE1 /4 containing 50 acres more or less). Application submitted by Kenai Peninsula Racing Lions, P.O. Box 2755, Soldotna, Alaska. 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: a. Lease application — Michael Schilling, Schilling Rentals, LLC, Lot 3, Block 2, GAA Subdivision (155 Granite Point Court). Discussion/Recommendation. b. Summer schedule, work sessions, and Council's direction to hold a public hearing on August 17, 2011 related to Ordinance No. 2546 -2011 (Amending KMC 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone.) Discussion. c. Kenai Peninsula Borough Ordinance 2011 -12 — An Ordinance amending KPB 21.18.025 to add addition water bodies subject to anadromous stream habitat protection. Discussion. 8. 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: June 22, 2011 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: ITEM 1: CITY OF KENAI PLANNING & ZONING COMMISSION JUNE 8, 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 7:04 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: T. Navarre, J. Twait, P. Bryson, S. Romain, H. Knackstedt, K. Koester, K. Rogers None City Planner M. Kebschull, Administrative Assistant N. Carver, Council Member R. Molloy, Deputy City Clerk C. Hall A quorum was present. 1 -c. Agenda Approval Commissioner Navarre read the following additions to the agenda: ADD TO: 5 -a. PZ11 -22 MOTION: Correspondence from Cathy Campbell, Kenai Peninsula Fishing Homestead Trophy Lodge 7 -b: Summer... Council Member Molloy Memo dated 6/3/2011 7 -c. KPB Ordinance City of Kenai Anadromous Streams Map Commissioner Navarre MOVED to approve the agenda with the above listed lay downs and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1 -d. Consent Agenda MOTION: Commissioner Navarre MOVED to approve the consent agenda and Commissioner Knackstedt SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences 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 25, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT - - None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5 -a. PZ1 1-22 -- An application for a Conditional Use Permit for the motocross track at the Twin Cities Raceway located at 490 Shotgun Drive (E1 /2SW1 /4NW1 /4NE1 /4 and E1 /2NW1 /4SW1 /4NE1 /4 and SW1 /4NW1 /4NE1 /4 and NE1 /4SW1 /4NE1/4 and E1 /2SW1 /4SW1 /4NE1 /4 and SW1 /4SE1 /4NE1 /4 and S1 / 2NE 1 / 4SE 1 / 4NE 1 / 4 containing 50 acres more or less) . Application submitted by Kenai Peninsula Racing Lions, P.O. Box 2755, Soldotna, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ11 -22 including staff recommendations and Commissioner Navarre SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, noting the following criteria needed to be met: 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 was in harmony with the Comprehensive Plan. 4. Public services and facilities were adequate to serve the proposed use. PLANNING AND ZONING COMMISSION MEETING JUNE 8, 2011 PAGE 2 5. The proposed use would not be harmful to the 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 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. Twait read the rules of public hearing and opened the floor to public comment. Scott Davis, 225 Birch Place, Soldotna -- Spoke in support of the permit, noting racing was a family activity that brought additional commerce to the area. Jeannie Carter, Kenai -- Thanked the City for the opportunity for her grandchildren to participate in a safe environment. Cathy Campbell, Kenai -- Identified herself as a business owner in the area and spoke in opposition to the permit, noting noise issues. Dennis Barnard, 335 Dolchok, Kenai -- Spoke in opposition to the permit. Mark Powell, 46655 Kenai Spur Highway, Kenai -- Spoke in support of the permit. Jerry Brookman, 715 Muir, Kenai -- Spoke in opposition to the permit, noting if approved, Commission should put strict time constraints on the operation. Molly Poland, 44715 Sterling Highway, Soldotna -- Spoke in support of the permit. Josh Powell, 46655 Kenai Spur Highway, Kenai -- Spoke in support of the permit. Barney Phillips, Nikiski -- Identified himself as President of the Kenai Peninsula Racing Lions Motocross Division and spoke in support of the permit, noting a noise mitigation plan had been implemented, times for races had been limited, and a decibel meter had been purchased. Chris Garcia, Kasilof -- Spoke in support of the permit. John Mellish, 14096 Kenai Spur Highway, Kenai -- Spoke in support of the permit. Matthew Glidewell, Kasilof -- Identified himself as Vice President of the Kenai Peninsula Racing Lions; spoke in support of the permit, noting the track provided a controlled environment for racing; and, 40 to 50 riders were registered to race. Jeff Tuttle, 47155 Black Bear Court, Nikiski -- Spoke in support of the permit. PLANNING AND ZONING COMMISSION MEETING JUNE 8, 2011 PAGE 3 Karen McGahan, Nikiski -- Spoke in support of the permit, commending the Kenai Peninsula Racing Lions for their work on noise mitigation, and noting a camp host was at the track. Jeff Kipp, Kenai -- Identified himself as the Track Maintenance Director and spoke in support of the permit; noted a gate had been added and then extended; fencing, signage, and cameras had been added; the camera would time -stamp photographs; dirt piles had been added as a sound barrier, and tires would also be considered for that purpose; and, no specific timeframe had been set for their mitigation plan. Ricky Gease, 4289 Beaver Loop, Kenai -- Spoke in opposition to the permit, requesting restrictions to the permit, and suggesting a five -year plan on investigating a new property for the track. Aaron Poland, 44117 Sterling Highway, Soldotna -- Spoke in support of the permit, noting the logistics of moving the track would be very hard. Franz Plagge, 4384 Beaver Loop, Kenai -- Spoke in support of racing, but suggested the track be moved away from the city center and noted concern with water pollution. Steven Phelps, 45813 Boundbrook Drive, Kenai -- Spoke in opposition to the permit, noting concern with noise. Robert Flanders, 4769 Beaver Loop, Kenai -- Spoke in opposition to the permit, noting additional traffic by motorcycles in the area. Jackie McGahan, 2819 Bryson, Kenai -- Identified himself as the President of Kenai Peninsula Racing Lions, both divisions and spoke in support of the permit, noting they were currently investigating the previous Sunday's trespass; the addition of the dirt wall was valued at over $200,000; and, trailering to the track could be added to the rulebook There being no one else wishing to speak, the public hearing was closed. Commissioner comments included: • Suggestion noise mitigation work should be continued. • Thanked the public for their comments. • Considered having a review in a year. • Suggested looking at options of other sites. • Suggested a five year review rather than one year. MOTION TO AMEND: Commissioner Romain MOVED to amend the permit by adding Recommendation 6. The Conditional Use Permit would be reviewed before the end of 2013. Commissioner Koester SECONDED the motion. PLANNING AND ZONING COMMISSION MEETING JUNE 8, 2011 PAGE 4 VOTE ON AMENDMENT: Navarre YES Twait NO Bryson YES Romain YES Knackstedt YES Koester YES Rogers YES MOTION PASSED. Additional Commission comment included: Noise mitigation was not addressed. Testimony showed work was being done to bring noise levels down. The time constraint on the permit would allow for work to continue. VOTE ON MAIN MOTION AS AMENDED: Navarre YES Twait NO Bryson YES Romain YES Knackstedt YES Koester YES Rogers YES MOTION PASSED. Twait read the 15 day appeal process procedure. Commissioner Bryson excused himself at 8:56 p.m. BREAK: 8:56 P.M. BACK TO ORDER: 9:03 P. M. ITEM 6: UNFINISHED BUSINESS -- None ITEM 7: NEW BUSINESS 7 -a. Discussion /Recommendation -- Lease application - Michael Schilling, Schilling Rentals, LLC, Lot 3, Block 2, GAA Subdivision ( 155 Granite Point Court) . MOTION: Commissioner Knackstedt MOVED to recommending proceeding with the lease and Commissioner Romain SECONDED the motion. Kebschull reviewed the staff report included in the packet, noting Commissioner Knackstedt would report to the Airport Commission during the June 9, 2011 meeting. PLANNING AND ZONING COMMISSION MEETING JUNE 8, 2011 PAGE 5 Twait opened the floor to public hearing. There being no one wishing to speak, the public hearing was closed. VOTE: Navarre YES Twait YES Buson ABSENT Romain YES Knackstedt YES Koester YES Rogers YES MOTION PASSED UNANIMOUSLY. 7 -b. Discussion -- Summer schedule, work sessions, and Council's direction to hold a public hearing on August 17, 2011 related to Ordinance No. 2546 -2011 (Amending KMC 14.22.010, Land Use Table, to Make Comprehensive Changes to the Uses Allowed in the Rural Residential RR -1 Zoning District, Including Changing Many "Conditional Uses" to Uses "Not Permitted," and Providing for Certain "Conditional Uses" for Properties Along the Kenai Spur Highway Within the RR -1 Zone.) Kebschull reviewed the staff report included in the packet, noting Commissioner Navarre requested a discussion of timeline. Council Member Molloy reviewed the memo given as a lay down item. Twait opened the floor to public hearing. Kristine Schmidt, 513 Ash, Kenai -- Suggested the Commission hold meetings during the summer to allow for public comment. Colleen Ward, 708 Magic, Kenai -- Requested clarification of the review of the Comprehensive Plan. Janine Espy, 403 McCollum, Kenai -- Requested clarification of the process, and suggested allowing for public comment in work sessions, then following with a public hearing. Ricky Gease, 4289 Beaver Loop, Kenai -- Requested a public hearing on the change in the corridor along Beaver Loop Road. There being no one further wishing to speak, the public hearing was closed. Commissioner comments included: Felt the Comprehensive Plan process would address the issue and the ordinance should be tabled. Requested a legal opinion regarding following the direction of Council. Supported the request for legal opinion. PLANNING AND ZONING COMMISSION MEETING JUNE 8, 2011 PAGE 6 MOTION: Commissioner Navarre MOVED to request a legal opinion on the Commission's obligations and rights under this issue. Commissioner Rogers SECONDED the motion. VOTE: Navarre YES Twait YES Bryson ABSENT Romain YES Knackstedt YES Koester YES Rogers YES MOTION PASSED UNANIMOUSLY. Commissioner Navarre requested a copy of the minutes be included in the request. MOTION: Commissioner Navarre MOVED to request Council rescind direction to the Commission regarding scheduling specific dates and times and direct the Commission to bring forward their timeline regarding Ordinance No. 2546-2011 prior to August 1, 2011. Commissioner Rogers SECONDED the motion. VOTE: Navarre YES Twait NO Bryson ABSENT Romain NO Knackstedt NO Koester NO Rogers YES MOTION FAILED. 7 -c. Discussion -- Kenai Peninsula Borough Ordinance 2011 -12 - An Ordinance amending KPB 21.18.025 to add additional water bodies subject to anadromous stream habitat protection. Kebschull reported the lay down was a map showing new streams to be added to the Anadromous Stream Habitat Protection Area. Twait opened the floor to public hearing. Ricky Gease, Executive Director, Kenai River Sport Fishing Association -- Noted concerns were heard from recreational miners in the area and the ordinance was postponed to the next Assembly meeting. PLANNING AND ZONING COMMISSION MEETING JUNE 8, 2011 PAGE 7 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 noted the action agenda was in the packet; a work session on City Clerk recruitment would be held June 9, 2011 at 6:00 p.m.; and, the City Clerk's last Council meeting would be June 15, 2011. 9 -b. Borough Planning -- None 9 -c. Administration -- Kebschull reported the Comprehensive Plan Collaborative meeting with business owners was well attended and an extension was applied for on a conditional use permit on Angler Drive for a private RV park. ITEM 10: PERSONS PRESENT NOT SCHEDULED Pat Falkenberg, 399 McCollum, Kenai -- Spoke in support of Ordinance No. 2546- 2011 and requested a timely resolution to the issue. ITEM 11: INFORMATION ITEMS -- None ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. June 22, 2011 Commissioners Bryson and Romain requested excused absences. Commissioner Rogers noted he would need to leave the meeting at 8:00 p.m. ITEM 13: ITEM 14: MOTION: COMMISSION COMMENTS & QUESTIONS -- None ADJOURNMENT 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 10:37 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING JUNE 8, 2011 PAGE 8