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Home My WebLink About2011-08-10 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AUGUST 10, 2011 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 7:01 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 Chair J. Twait, H. Knackstedt, K. Koester, K. Rogers, T. Navarre, P. Bryson S. Romain City Planner M. Kebschull, Administrative Assistant N. Carver, Council Member B. Gabriel, Deputy City Clerk C. Hall Commissioner Navarre noted the following addition to the agenda: ADD TO: 5 -b. PZ06 -26 Email from Steve Voth, Captain Bligh's Beaver Creek Lodge MOTION: Commissioner Navarre MOVED to add the following: 7 -b. Discussion -- Outdoor Wood Burning Boilers. Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. MOTION: Commissioner Navarre MOVED to approve the agenda as amended and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. 1 -d. MOTION: Consent Agenda Commissioner Knackstedt MOVED to approve the consent agenda and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences Approved by consent agenda. ITEM 2: *APPROVAL OF MINUTES -- July 27, 2011 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4 -a. PZ11 -31 - A replat of Lot 1 and Lot 2 Enchanted Forest Subdivision Plat No. 84 -116. Plat submitted by Integrity Surveys, 43335 Kalifornsky Beach Road, Suite # 10, Soldotna, Alaska. MOTION: Commissioner Knackstedt MOVED to approve PZ11 -31 and Commissioner Rogers SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet and recommended approval with no contingencies. MOTION: Commissioner Navarre MOVED to amend PZ11 -31 by adding the contingency to correct the spelling of Princess on the plat and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5 -a. PZ11 -30 - A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the Rural Residential RR -1 Zoning District. (Ordinance No. 2546 -2011 - An ordinance of the Council of the City of Kenai, Alaska, amending KMC 14.22.010, Land Use Table, to make comprehensive changes to the uses allowed in the Rural Residential 1 (RR -1) zoning district including changing many "Conditional Uses" to uses "Not PLANNING AND ZONING COMMISSION MEETING AUGUST 10, 2011 PAGE 2 Permitted," and providing for certain "Conditional Uses" for properties along the Kenai Spur Highway within the RR -1 zoning district.) MOTION: Commissioner Bryson MOVED to approve PZ 11 -30 and Commissioner Rogers SECONDED the motion. Kebschull reviewed the staff report included in the packet. Twait read the rules of public speaking and opened the meeting to public hearing. Charles Winegarden, 309 Princess -- thanked the Commission for their work, noting areas of agreement and disagreement. Colleen Ward, 708 Magic -- spoke against the resolution, and in favor of the Council ordinance. Commissioner Navarre asked Ward if she believed part of the land use table should be presented to the Council without the entire table. Ward answered yes. There being no one else wishing to speak, the public hearing was closed. Commissioner comments included: Navarre reported he was in favor of working through all parts of the Land Use Table rather than each area separately before forwarding it to Council. Koester spoke against moving forward until all work was done. Bryson noted 67% of the RR1 zone was more restrictive, with 40% changed to not allowed. He suggested a public hearing at the Council level. Knackstedt noted he would like to continue working on the Land Use Table as a whole. MOTION: Commissioner Knackstedt MOVED to postpone PZ11 -30 until the Planning and Zoning Commission is prepared to make recommendations to Council with the understanding that the Planning and Zoning Commission is dedicated to completing the Land Use Table in its entirety. Commissioner Navarre SECONDED the motion. VOTE ON POSTPONEMENT: Knackstedt YES Koester YES Rogers YES Navarre YES Twait YES Bryson NO Romain ABSENT PLANNING AND ZONING COMMISSION MEETING AUGUST 10, 2011 PAGE 3 MOTION PASSED. 5 -b. PZ06 -26 - A public hearing to consider revocation of Conditional Use Permits for Cabin Rentals, Lodging & Guide Service, for the properties known as Lots 4 & 5, Angler Acres Subdivision Part 3 (1035 & 1045 Angler Drive). At the August 11, 2010 meeting, the Commission postponed revocation action for 1 year to provide an opportunity for the permit holders to comply with conditions of the permits. Properties are owned and operated by Rick & Steve Voth, Captain Bligh's Beaver Creek Lodge, 1035 Angler Drive, Kenai, Alaska. MOTION: Commissioner Bryson MOVED to amend Resolution No. PZ06 -26 by substitution. Commissioner Koester SECONDED the motion. Administrative Assistant Carver reviewed the staff report included in the packet, noting the addition of the lay down and noting the property was in full compliance at present. Kebschull recommended dismissal under Finding No. 18 in Resolution No. PZ06 -26: • That the Commission dismisses the revocation and the permit will continue to operate under the requirements of KMC 14.20.150(g), and the following specific requirements: Lodging, Guiding, Use restricted to 3 guide boats, continue enforcement of house rules for properties. MOTION: Commissioner Navarre MOVED to correct the typographical error on page 33 and Commissioner Bryson SECONDED the motion. There were no objections. SO ATf TNL,T]TT V itL,Ci"..iii! VOTE ON MAIN MOTION AS AMENDED: MMOTION PASSED UNANIMOUSLY. ITEM 6: UNFINISHED BUSINESS -- None. ITEM 7: NEW BUSINESS 7 -a. Discussion -- Setting special meeting to hold a work session to continue review of Land Use Table. BREAK: 7:46 P.M. BACK TO ORDER: 7:47 P.M. Commissioner Koester expressed concern with items falling off the table at the Council level after the October election, and recommended holding a work session to continue work on the Land Use Table.. Deputy Clerk Hall read Kenai Municipal Code 1.15.050(e) into the record. PLANNING AND ZONING COMMISSION MEETING AUGUST 10, 2011 PAGE 4 After brief discussion, a work session was set for August 16, 2011 from 6:00 to 9:00 p.m. with a light meal provided. 7 -b. Discussion -- Outdoor Wood Burning Boilers MOTION: Commissioner Navarre MOVED to request City Council enacts a moratorium on the construction and use of outdoor wood burning appliances and structures within the residential zoning districts of the City of Kenai. The moratorium shall not include the casual use of grills or outdoor ovens used for preparation of food. Commissioner Knackstedt SECONDED the motion. Navarre reported he wanted to protect the public and environment. Kebschull reported on the time table of the draft ordinance. Koester requested clarification of legality of a moratorium. Kebschull reported they must be time specific and serve a public purpose. Twait opened the hearing to public comment. Kristine Schmidt, 513 Ash Avenue -- suggested a nuisance ordinance regarding smoke rather than a moratorium on wood burners. There being no one else wishing to speak, the public hearing was closed. Bryson reported he believed a moratorium was premature. Navarre withdrew his motion. MOTION: Corrmis.sinner Navarre MOVED to request City Council enacts a moratorium on the construction and use of outdoor wood burning boilers. MOTION FAILED FOR LACK OF SECOND. ITEM 8: PENDING ITEMS -- None. ITEM 9: REPORTS 9 -a. City Council -- Council Member Gabriel reviewed the action agenda items from the August 3, 2011 Council meeting which were included in the packet, and commended the Commission on their work on the Land Use Table. 9 -b. Borough Planning -- Commissioner Bryson reviewed the agenda of the PLANNING AND ZONING COMMISSION MEETING AUGUST 10, 2011 PAGE 5 August 11, 2011 Borough Planning Commission meeting. 9 -c. Administration -- Kebschull reported she would be out of town until September 7, 2011 and Administrative Assistant Carver would be in charge, and noted zoning map updates would be on the August 24 agenda with the recommendation that Council adopt the changes. ITEM 10: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 11: INFORMATION ITEMS -- None. ITEM 12: NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. August 24, 2011 No commissioners requested an excused absence from the August 24, 2011 meeting. ITEM 13: COMMISSION COMMENTS as QUESTIONS Navarre thanked Council members for attending the meetings and thanked the Commission for their work on the Comprehensive Plan. ITEM 14: MOTION: ADJOURNMENT Commissioner Knackstedt MOVED to adjourn and Commissioner Koester SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting was adjourned at +el 8:33 approximately 8:33 p.m. Minutes prepared and submitted by: Corene Hall, CMC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING AUGUST 10, 2011 PAGE 6