HomeMy WebLinkAbout2013-12-11 Planning & Zoning MinutesCITY OF KENAI
PLANNING & ZONING COMMISSION
DECEMBER 11, 2013 — 7:00 P.M.
CITY COUNCIL CHAMBERS
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER
Chair Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Chair Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Roll was confirmed as follows:
Commissioners present: Chair J. Twait, J. Arness, D, Fikes, B. Shiflea, H. Knackstedt
Commissioners absent: P. Bryson, K. Peterson (both excused)
Staff /Council Liaison present: City Manager R. Koch, Mayor P. Porter, Planning Assistant
N. Carver, Deputy City Clerk C. Hall
A quorum was present.
c. Agenda Approval
Commissioner Knackstedt requested moving 7e before 7a and requested the following additions
to the packet:
ADD TO: 4 -a: PZ13 -41 Amended staff comments /resolution — Kee's Tern Subdivision
7 -a: PZ11 -22 Amended staff memo, email, vicinity map
7 -c: PZ13 -39 Vicinity, aerial maps, letter
MOTION:
Commissioner Knackstedt MOVED to approve the agenda and Commissioner Arness
SECONDED the motion. There were no objections. SO ORDERED.
d. Consent Agenda
MOTION:
Commissioner Arness MOVED to approve the consent agenda and Commissioner Shiflea
SECONDED the motion. There were no objections. SO ORDERED.
e. 'Excused Absences
➢ Commissioner Bryson
➢ Commissioner Peterson
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.
2. *APPROVAL OF MINUTES —October 23, 2013
Approved by consent agenda.
3. SCHEDULED PUBLIC COMMENT— None.
4. CONSIDERATION OF PLATS
a. PZ13 -41— Kee's Tern Subdivision —Located within Government Lot 4 and the SE1 /4
SW1 /4 Section 31, T6N, R10W, S.M. Plat submitted by Segesser Surveys, 30485
Rosland Street, Soldotna, Alaska.
City Manager Koch reviewed the staff report included in the packet, recommending approval
subject to the following:
1. Per KMC 14.10.080(b) if lots are desired to be sold prior to construction of all
required improvements an installation agreement will be required.
2. Roads must be constructed to standards per plat notes prior to final plat unless an
installation agreement is in place.
3. Road design must be stamped by an engineer licensed in the State of Alaska.
4. Signage including but not limited to stop signs, speed limit signs and street signs.
5. As -built drawings prepared by the design engineer responsible for observation must
be submitted to the City in both paper and digital format (Adobe and AutoCAD).
6. Surveyor and property owner must work with the City of Kenai and the Kenai
Peninsula Borough when designating street names to ensure names meet City and
Borough regulations.
7. City must be notified if gates are intended to be placed on the road way and
approve plan for gates that assure adequate emergency vehicle access.
8. Homeowners Association must be formed by developer and approved by the City of
Kenai Planning and Zoning Commission prior to plat being finalized.
9. Receive approval from the Kenai Peninsula Borough on exception to requirements
in KPB 20.20.180 and 20.20.200.
10. City requests opportunity to consider and comment on any new changes and /or
additions added to plat.
11. The following plat notes must be sufficiently modified as follows:
a. Plat Note 2 States "Tract A is a parcel whose use and access is limited
solely to the owners of..." This entails that others; mail carriers, guests,
utility companies, etc. (anyone who is not an owner or emergency service
vehicle) cannot use and access. Should be revised to reflect that use is
PLANNING AND ZONING COMMISSION MEETING
DECEMBER 11, 2013
PAGE 2
limited for benefit of lot owners as provided in Plat Note 5.
b. Plat Note 2 needs to be revised as top correct either punctuation or add
words in the following "and to the mandatory payment of assessment,
insurance dues."
c. Plat Note 3 should explain /clarify who is responsible for the prior review of
site plans and construction other than City code enforcement (building /zone
code).
d. Plat No 5. Replace last sentence with "Roadways constructed to Kenai
Peninsula Borough Category III standards do not meet minimum standards
required by City of Kenai and therefore, if at any future time the City takes
over ownership and /or maintenance responsibilities of roadways within the
subdivision, roadways will have to be improved to meet City of Kenai
standards in effect at time of acceptance. The cost of roadway
improvements to meet City of Kenai standards will be borne by property
owners in the subdivision by assessment without further approval required."
12. Pursuant to KMC 14.10.090, recommend City Council approve exception to KMC
14.10.070(e)(3) and KMC 14.24.020 which require all lots in this zoning district to
have a minimum width of 90 feet and Tract A is only 60 feet based on the following:
allowing Tract A to have a width of 60 feet allows reasonable development of the
subdivision given that Tract A is intended to be used for roadway purposes only and
such an exception preserves public welfare and interests of the City and the general
intent and spirit of the City's subdivision regulations.
MOTION:
Commissioner Knackstedt MOVED to approve PA13 -41 with staff recommendations and
Commissioner Shiflea SECONDED the motion.
Twait opened the meeting to public hearing; there being no one wishing to speak, the public
hearing was closed.
VOTE:
YEA: Arness, Fikes, Twait, Shiflea, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
5. PUBLIC HEARINGS — None.
6. UNFINISHED BUSINESS —None.
7. NEW BUSINESS
PZ11 -22 — Review of Conditional Use Permit for Motor -Cross Race Track for the
property known as Tract A2 -2, Birch Fields Subdivision Kenai Well Addition No. 2 (490
Shotgun Drive), Kenai, Alaska. Discussion — Approval Permanent Status.
PLANNING AND ZONING COMMISSION MEETING
DECEMBER 11, 2013
PAGE 3
Koch reviewed the staff report included in the packet, recommending approval with the
additional requirements given by the Commission as follows:
1. The permit is limited to the existing facilities. Any expansion of the use would
require an amendment to the permit subject to a public hearing as required in KMC
14.20.150(h). This restriction does not include the accessory uses which support
the principal use including the parking expansion, restrooms, trash receptacles, and
water manifolds as shown on the site plan. Also excluded from this restriction is the
BMX RC (Remote Control) Car Pit track due to the limited effect on neighboring
properties by such activities.
2. The Spill Prevention Control and Countermeasure Plan, December 2010, must be
updated to identify the location of the spill kit (Item 1.2).
3. In the event of a spill, the City of Kenai, Planning Department must be notified of the
incident.
4. The Caring for the Kenai Recycled Tire Sound Barrier will require a building permit
and must be reviewed and approved by the City of Kenai Planning and Building
Departments prior to construction.
5. Building construction concerns must be addressed as follows:
a. The existing, unfinished building at the race track must be completed in
accordance with code. An application for a permit and plans must be
submitted as required for the remainder of the work necessary to finish the
building or for any other new construction proposed.
b. All structures at the motocross track must be removed or considerably
improved to be in substantial compliance with current codes. Numerous
deficiencies were observed at the observation /concession building (identified
as tower operations on the site plan) and the stadium seating structures and
they are not acceptable for continued use. Application for permits and plans
will be required for all new work proposed to repair or replace the structures.
6. Permit will be scheduled for review before the Commission prior to the end of 2013.
Koch also recommended adding requirements suggested by the Board of Adjustment as
follows:
1. The Racing Lions shall comply with any and all conditions and requirements of the
Land Use Permit issued by the Kenai Peninsula Borough (LIVID Project #04 -15) the
term of which is May 19, 2011 through May 18, 2013, and as the Land Use Permit it
may be subsequently amended or renewed or replaced.
2. The Racing Lions must complete and shall comply with the Spill Response Control
and Countermeasures Plan (Kenai Peninsula Racing Lions, dated December,
2010) implemented to ensure groundwater protection. The Racing Lions shall
provide a completed copy of the Plan (including the location of the spill kit identified
in section 1.2 of the Plan) to the city no later than December 31, 2011, unless the
City otherwise agrees in writing. In addition, the Racing Lions shall report all
reportable incidents under that Plan to the City of Kenai in the same manner as
otherwise specified in section 1.4 of that Plan regarding reports to other agencies
(this replaces condition 2 as set out in Commission Resolution PZ11 -22).
3. The Racing Lions shall immediately inform the City of any oil and hazardous
substance spill on the Property that it is otherwise required to report to the Borough
PLANNING AND ZONING COMMISSION MEETING
DECEMBER 11, 2013
PAGE 4
or to any state or federal regulatory agency and such information shall be provided
to the City within ten calendar days of its distribution to those agencies (this
replaces condition 3 as set out in Commission Resolution PZ11 -22).
4. The Racing Lions shall provide the city with copies of all enforcement orders and
notices of violation (or alleged violation) received by the Racing Lions from the
Kenai Peninsula Borough or from any state or federal regulatory agency with
respect to its operations on the Property and such information shall be provided to
the City within ten calendar days of its receipt by the Racing Lions.
5. The Racing Lions shall post at least three new sets of signs on the Property. The
signs shall be located at the fork in the road on shotgun Drive leading to the entry
gate, on the entry gate, and in another conspicuous location where bikes may enter
the track. One set of signs shall display the practice schedule. The other set of
signs shall say "No Trespassing." The Racing Lions shall maintain these signs
throughout the life of this permit so that the signs are easily readable and in good
condition.
6. The hours of operation for motocross activities shall be limited as follows (nothing
requires the Racing Lions to utilize all permitted hours and it may elect to open its
motocross track for fewer hours):
Sunday: The track shall be closed.
Monday: The track shall be closed.
Tuesday: The track may be open from 12:00 p.m. through 8:00 p.m. only.
Wednesday: the track may be open from 3:00 p.m. through 8:00 p.m.
Thursday: The track may be open from 12:00 p.m. through 8:00 p.m. only.
Friday: The track may be open from 12:00 p.m. through 8:00 p.m. only.
Saturday: The track may be open from 12:00 p.m. through 8:00 p.m. only.
7. The schedule in subparagraph f, immediately above, does not apply to motocross
race events (for example City Races and state race weekends) held on weekends
and on State holidays, which events are permitted.
8. Because Radio Control (RC) and BMX racing will not add any significant additional
noise or traffic to the area, and because no specific objection to those additional
uses was made (only a request for clarification), the Board affirms the commission's
decision that the Racing Lions may further expand the facility to include a new track
and activities with respect to RC and BMX racing. Any RC and BMX racing must
occur during the same hours of operation as the motocross activities on the
Property. Pit bikes are not permitted due to their potential to generate additional
noise and traffic in the area. If the Racing Lions wants to have pit bike activities on
the Property, it must apply for a separate conditional use permit for that expanded
use. (This modifies condition 1 as set out in Commission Resolution PZ11 -22.)
Commissioner Arness MOVED to approve PZ11 -22 with staff recommendations and
Commissioner Shiflea SECONDED the motion.
Twait opened the meeting to public hearing.
Robert Flanders, 4769 Beaver Loop Road — spoke against a "permanent" permit, citing noise
PLANNING AND ZONING COMMISSION MEETING
DECEMBER 11, 2013
PAGE 5
and traffic concerns.
There being no one else wishing to speak, the public hearing was closed.
VOTE:
YEA: Arness, Fikes, Twait, Shiflea, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
Twait read the 15 day appeal process procedures.
b. PZ13- 38(08 -61) —Transfer of Conditional Use Permit— Veronica's Coffee Shop — 602
Petersen Way. Transfer requested by Shilo Miller, P.O. Box 920, Sterling, Alaska.
Koch reviewed the staff report included in the packet, recommending approval with no
contingencies.
MOTION:
Commissioner Arness MOVED to approve PZ13 -38 and Commissioner Shiflea SECONDED the
motion.
Twait opened the meeting to public comment; there being no one wishing to speak the public
hearing was closed.
VOTE:
YEA: Arness, Fikes, Twait, Shiflea, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
c. PZ13 -39 —Home Occupation Permit —Gun Business —For the property known as Lot
3, Block 1, Northgate Subdivision Part One (1505 Pine Avenue). Application submitted
by Chad Parker, Kenai, Alaska.
Koch reviewed the staff report included in the packet, recommending approval with the following
conditions:
• Only Mr. Parker will be employed in the business.
• Less than 30% of the gross floor area of all buildings will be used for the business.
• The home occupation shall be carried on wholly within the principal building, or
other buildings which are accessory thereto. Any building used for a home
occupation shall be wholly enclosed.
• Business will be conducted by phone, computer, mail orders, and scheduled
PLANNING AND ZONING COMMISSION MEETING
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PAGE 6
appointments with customers.
Code allows one sign per use not t exceed five square feet.
Remain current on all obligations to state, federal and local. Remain in compliance
with all state, federal and local regulations.
Twait opened the meeting to public hearing.
Chad Parker, applicant — Spoke in favor of permit.
There being no one else wishing to speak, the public hearing was closed.
MOTION TO AMEND:
Commissioner Knackstedt MOVED to amend by adding the following condition: There will be
no ammunition, manufactured, stored or sold beyond personal usage within the property.
Commissioner Shiflea SECONDED the motion.
VOTE ON AMENDMENT:
YEA: Fikes, Twait, Shiflea, Knackstedt
NAY: Arness
AMENDMENT PASSED.
VOTE ON MAIN MOTION AS AMENDED:
YEA: Arness, Fikes, Twait, Shiflea, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
Twait read the 15 day appeal process procedure.
PZ13 -40 — Transfer of Conditional Use Permit — Purchased condominium interest in
property known as Kenai Landing — 2101 Bowpicker Lane Units 5 & 6. Transfer
requested by PRL Logistics, Inc. C/O Ron Hyde, Anchorage, Alaska.
Koch reviewed the staff report included in the packet, recommending approval with the following
conditions:
• Comply with all state, local and federal regulations.
• Submit State of Alaska, Department of Environmental conservation documentation
of approval for septic systems and water systems for the conditional use.
• Provide landscape /site plans for review and approval when applications for building
permits are submitted.
• If the recreational vehicle sites are increased in the future, submit landscape /site
plan for approval.
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PAGE 7
Provide verification of sales tax registration with the Kenai Peninsula Borough.
Mark all buildings with proper unit number not less than 4 inches.
Review 2014 annual report to verify that all uses were operated otherwise the
Conditional Use Permit must be amended to remove the uses not operated.
MOTION:
Commissioner Shiflea MOVED to approve PZ13 -40 with all staff recommendations and
Commissioner Arness SECONDED the motion.
Twait opened the meeting to public comment; there being no one wishing to speak the public
hearing was closed.
VOTE:
YEA: Arness, Fikes, Twait, Shiflea, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
e. Application from the Peninsula Art Guild, Inc. requesting an extension of their current
lease including an Ordinance authorizing an extension and amendment of the lease for
the property known as A Portion of Lot 3, Block 17, Original Townsite of Kenai (816
Cook Avenue).
(Clerk's Note: (7 -e) was heard before (7 -a) during the meeting.)
Koch reviewed the staff report included in the packet, recommending approval.
MOTION:
Commissioner Shiflea MOVED to recommend approval of the lease extension and
Commissioner Arness SECONDED the motion.
Twait opened the meeting to public hearing.
Joe Kashi, Art Guild Secretary — stood for questions.
There being no one else wishing to speak the public hearing was closed.
VOTE:
YEA: Arness, Fikes, Twait, Shiflea, Knackstedt
NAY:
MOTION PASSED UNANIMOUSLY.
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PAGE 8
8. PENDING ITEMS
a. Storefront Improvement Program.
9. REPORTS
a. City Council — Mayor Porter reported an ordinance regarding telephonic participation
would be coming forward; noted the January 8 commission /committee work session;
and, thanked the Commissioners for their work throughout the year.
b. Borough Planning — No report.
c. Administration —City Manager Koch noted recruitment for a City Planner was still
underway, with a December 19 visit from a prospective candidate.
10. PERSONS PRESENT NOT SCHEDULED — None.
11. INFORMATION ITEMS
a. Kenai River Center Permit for Bank Restoration — Kenai River Mouth, Kenai, AK
b. 2014 Meeting Calendar
c. Memo from City Attorney to Council regarding referendum concerning Comprehensive
Plan
12. NEXT MEETING ATTENDANCE NOTIFICATION — January 8, 2014
Commissioner Shiflea requested an excused absence from the January 8 meeting.
13. COMMISSION COMMENTS & QUESTIONS
Twait thanked Administration for the opportunity to attend training in November.
14. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:28
p.m.
Minutes prepared and submitted by:
C G� -}f Gam_
Corene Hall, CIVIC, Deputy City Clerk
PLANNING AND ZONING COMMISSION MEETING
DECEMBER 11, 2013
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