HomeMy WebLinkAbout1997-10-08 Council Packet - Work SessionKenai City Council
Joint Work Session
With the
Planning and Zoning Commission
October 8, 1997
KENAI CITY COUNCIL
KENAI PLANNING & ZONING COMMISSION
JOINT WORK SESSION
OCTOBER 8, 1997
PACKET INFORMATION:
ITEM 1: WORK SESSION NOTICE
ITEM 2:
ORDINANCE NO. 1752-97 (Ordinance was failed by council at
their 8/6/97 meeting - however, the ordinance includes the
Land Use Table as proposed and approved by the Planning &
Zoning Commission.
ITEM 3:
ORDINANCE NO. 1754-97 (Ordinance was failed by council at
their 8/6/97 meeting. Decision to fail was based on failure of
the Land Use Table ordinance.
ITEM 4:
APRIL 11, 1997 PLANNING & ZONING COMMISSION WORK
SESSION MINUTES
ITEM 5:
APRIL 23, 1997 PLANNING & ZONING COMMISSION WORK
SESSION MINUTES
ITEM 6:
MAY 14, 1997 PLANNING & ZONING COMMISSION WORK
SESSION MINUTES
ITEM 7:
JUNE 11, 1997 PLANNING & ZONING COMMISSION MEETING
MINUTES - Information regarding passage of the Land Use
Table.
ITEM 8: JULY 2, 1997 KENAI CITY COUNCIL MEETING MINUTES -
Tabling action on Ordinance No. 1752 until August 6, 1997
meeting.
ITEM 9: AUGUST 6, 1997 KENAI CITY COUNCIL MEETING MINUTES -
Discussion and failure of Ordinance Nos. 1752 and 1754.
ITEM 10: OCTOBER 3, 1997 BUILDING OFFICIAL SPRINGER
MEMORANDUM
WORK SESSION NOTICE
The Kenai City Council will convene in a joint work session
with the Kenai Planning 8, Zoning Commission on Wednesday,
October 8, 1997. The work session will be held in the Council
Chambers at Kenai City Hall and will begin immediately
following the regular Planning 8. Zoning Commission meeting
(approximately 8:00 p.m.). The purpose of the work session is
to discuss the proposed Land Use Table ordinance update.
The public is invited to attend and participate.
Carol L. Freas
City Clerk
Publish: October 6, 1997
Community News: October 8, 1997
��L
Suggested by: Planning & Zoning Commission
CITY OF KENAI
ORDINANCE NO. 1752-97
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPLACING
THE CURRENT KENAI MUNICIPAL CODE LAND USE TABLE (KMC 14.20) AND ITS
FOOTNOTES WITH THE NEW LAND USE TABLE AND FOOTNOTES (SEE EXHIBIT
"A" ATTACHED).
WHEREAS, the Planning and Zoning Commission has determined that the Land Use Table was
unclear and that all uses allowed and not allowed should be specifically noted in the Land Use
Table; and
WHEREAS, the Planning and Zoning Commission has determined that some uses should not be
allowed in some zones and a designation of "N" ("Not Permitted") should be added to the Land Use
Table;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska that the
Land Use Table (KMC 14.20) and footnotes be replaced with Exhibit "A" attached.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the 6`h day of August,
1997.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Introduced: June 18, 1997
Adopted: August 6, 1997
Effective: September 2, 1997
May 15, 1997 (sp)
LAND USE TABLE
KEY: P = Principal Permitted Use NOTE: Reference footnotes
C = Conditional Use on following pages for
S = Secondary Use additional restrictions.
N = Not Permitted
Table 1 of 3
ZONING DISTRICTS
LAND USES
C
RR
RRI
RS
RS1
RS2
RU
CC
CG
IL
IH
R
TSH
RESIDENTIAL
One Family Dwelling
Cis
P
P
P
P
P
P
S
St
SZ
Sz
P
P
Two/Three Family Dwelling
cis
P
P
P
P
P
P
S
Si
C
C
P
P
Four Family Dwelling
Ct"
P
N
P
N
N
P
S
Si
C
C
C
P
Five/Six Family Dwelling
Cis
N
N
P
N
N
P
S
St
C
C
C
P
Seven or More Family
Dwelling
cis
N
N
C3
N
N
P
S
St
C
C
C
P
Townhouses °
C1s
C
C
C
C
C
C
C
C
C
C
C
C
Mobile Home
Parks 6
N
C
C
C
C
C
C
C
C
C
C
C
N
Planned Unit Residential
Development'
cis
C
C
C
C
C
C
C
C
C
C
C
C
COMMERCIAL
Automotive Sales
N
C
N
N
N
N
C
P
P
P
P
N
N
Automotive Service Stations
N
C
N
N
N
N
C
P
P
P
P
C
N
Banks
N
C
N
C
N
N
C
P
P
P
C
C
C
Business/Consumer Services
N
C
N
C
N
N
C
P
P
P
C
C
C
Hotels/Motels
N
C
N
C
N
N
C
P
P
P
C
C
P
Professional Offices
N
C
N
C
N
N
P
P
P
P
P
C
P
Restaurants
N
C
N
C
N
N
C
P
P
P
C
C
C
Retail/Wholesale Business
N
C
N
C
N
N
C
P
P
P
P
C
C
Theaters/
Commercial Recreation
N
C
N
C
N
N
C
P
P
C
C
P
C
• • • A 14 - 65 CITY OF KENAI
5 __
LAND USE TABLE
KEY: P = Principal Permitted Use NOTE: Reference footnotes
C = Conditional Use on following pages for
S = Secondary Use additional restrictions.
N = Not Permitted
Table 2 of 3
ZONING DISTRICTS
LAND USES
C
RR
RRI
RS
RS1
RS2
RU
CC
CG
IL
III
I R
TSH
INDUSTRIAL
Airports and
Related Uses
P
C
N
N
N
N
C
P
P
P
P
C
N
Automotive Repair/
Tire Recapping/
Rebuilding
N
C
N
N
N
N
C
P
P
P
P
N
N
Gas Manufacture/
Storage
N
N
N
N
N
N
N
N
N
C9
C9
N
N
Manufacturing/
Fabricating/
Assembly/Storage
N
C
N
N
N
N
C
C
P
P
P
C
C
Warehouses
N
C
N
C
N
N
C
C
P9
P
P
C
N
PUBLIC/
INSTITUTIONAL
Charitable Institutions
C
C
C
C
C
C
P
P
P
P
P
C
P
Churches
C
Plo
Pto
PIo
Pto
Pto
PIo
PIo
Pto
C
C
PI
P
Clinics
C
C
C
C
C
C
C
P
P
P
C
C
C
Colleges
C
C
C
C
C
C
C
P
P
C
C
C
C
Elementary Schools
C
C
C
C
C
C
C
P
P
C
C
C
C
Governmental Buildings
C
C
C
C
C
C
C
P
P
P
C
C
C
High Schools
C
C
C
C
C
C
C
P
P
C
C
C
C
Hospitals
C
C
C
C
C
C
C
P
P
P
C
C
C
Libraries
C
C
C
C
C
C
C12
P
P
P
C
C
P
Museums
C
C
C
C
C
C
C
P
P
P
C
C
P
Parks and Recreation
P
S
S
S
S
S
S
P
P
S
S
P
P
Sanitariums
C
C
C
C
C
C
C
C
C
C
C
C
C
14 - 66 CITY OF KENAI
LAND USE TABLE
KEY: P = Principal Permitted Use NOTE: Reference footnotes
C = Conditional Use on following pages for
S = Secondary Use additional restrictions.
N = Not Permitted
Table 3 of 3
ZONING DISTRICTS
LAND USES
C
RR
RRI
RS
RS1
RS2
RU
CC
CG
IL
IH
R
TSH
MISCELLANEOUS
Animal Boarding 13
C
C
C
C
C
C
C
C
C
C
C
C
N
Bed & Breakfasts
C
C
C
C
C
C
C
C
C
C
C
C
C
Cabin Rentals
C
C
C
C
N
N
N
P
P
P
C
C
P
Cemeteries
C
C
C
C
N
N
N
C
C
C
C
C
C
Crematories
N
C
N
C
N
N
C
C
C
C
C
C
C
Day Care Centers 12
C
C
C
C
C
C
C
C
C
C
C
C
C
Dormitories/
Boarding Houses
C
C
C
C
C
C
P
Sl
S
C
P
C
C
Essential Services
P
P
P
P
P
P
P
P
P
P
P
P
P
Farming/Gardening/
General Agriculture
P
P
P
P
P
P
P
P
P
P
C
P
P
Greenhouses/Tree
Nurseries t3
C
C
C
C
C
C
C
P
P
P
C
C
C
Assemblages 's
(Large: Circuses, Fairs,
etc.)
C
C
C
C
C
C
C
PIS
PIS
PIS
PIS
C
P
Lodges/Fraternal
Organizations
N
C
C
C
C
C
C
P
P
P
C
C
P
Nursing, Convalescent or
Rest Homes
N
C
C
C
C
C
C
P
P
C
C
C
C
Parking, Off -Street
P
P
P
P
P
P
P
P
P
P
P
P
P
Parking, Public
Lots 12
C
C
C
C
C
C
C
C
C
C
C
C
C
Private Clubs
N
C
C
C
C
C
C
P
P
C
C
S
C
Radio/TV Transmitters/
Cell Sites
P
P
C
C
C
C
C
P
P
P
P
C
C
Recreational Vehicle Parks
C
C
C
C
N
N
C
C
C
C
C
C
C
Social Halls
N
C
C
C
C
C
C
P
P
C
C
C
C
Subsurface Ext-
raction of Natural
Resources 16
C
C
C
C
C
C
C
C
C
C
C
C
N
Surface Extraction of
Natural Resources "
C
C
C
C
N
N
C
C
C
C
C
C
N
Union Halls
N
C
C
C
C
C
C
P
P
P
C
C
C
14 - 67 CITY OF KENAI
Jr-
FOOTNOTES
(1) Allowed as a secondary use except on the ground floor of the part of the
building fronting on collector streets and major highways.
(2) One single-family residence per parcel, which is part of the main building.
(3) Allowed as a conditional use, subject to satisfying the following conditions:
(a) The usable area per dwelling unit shall be the same as that required for
dwelling units in the RS zone;
(b) The site square footage in area must be approved by the Commission;
(c) Yards around the site, off-street parking, and other development
requirements shall be the same as for principal uses in the RR zone;
(d) Water and sewer facilities shall meet the requirements of all applicable
health regulations;
(e) The proposed dwelling group will constitute a residential area of
sustained desirability and stability; will be in harmony with the character of the
surrounding neighborhood, and will not adversely affect surrounding property
values;
(f) The buildings shall be used only for residential purposes and customary
accessory uses, such as garages, storage spaces, and recreational and community
activities;
(g) There shall be provided, as part of the proposed development, adequate
recreation areas to serve the needs of the anticipated population;
(h) The development shall not produce a volume of traffic in excess of the
capacity for which the access streets are designed;
(i) The property adjacent to the proposed dwelling group will not be
adversely affected.
(4) See "Townhouses" section.
(5) See "Mobile Homes" section.
(6) Allowed as a conditional use, subject to "Mobile Homes" section and
provided that any mobile home park meets the minimum Federal Housing Authority
requirements.
(7) See "Planned Unit Residential Development" section.
(8) Allowed as a conditional use, provided that the proposed location and the
characteristics of the site will not destroy the residential character of the neighborhood.
S46-11/13/87
(9) Allowed as a conditional use, provided that all applicable safety and fire
regulations are met.
(10) Provided that no part of any building is located nearer than thirty (30) feet
to any adjoining street or property line.
(11) Allowed as a conditional use, provided that no part of any building is
located nearer than thirty (30) feet to any adjoining street or property line and provided
further that the proposed location and characteristics of the use will not adversely affect the
commercial development of the zone.
met:
(12) Allowed as a conditional use, provided that the following conditions are
(a) The proposed location of the use and the size and characteristic of the
site will maximize its benefit to the public;
(b) Exits and entrances and off-street parking for the use are located to
prevent traffic hazards on public streets.
(13) Allowed as a conditional use, provided that setbacks, buffer strips, and other
provisions are adequate to assure that the use will not be a nuisance to surrounding
properties. The Commission shall specify the conditions necessary to fulfill this
requirement.
(14) Allowed as a conditional use, provided that no indication of said use is evident
from the exterior of the mortuary.
(15) Allowed [AS A CONDITIONAL USE], provided that the following conditions
are met:
(a) An uncleaned buffer strip of at least thirty (30) feet shall be provided
between said use and any adjoining property in a residential zone.
(b) Exists and entrances and off-street parking for the use shall be located to
prevent traffic hazards on the public streets.
(16) See "Conditional Uses" section.
(17) See "Conditional Use Permit for Surface Extraction of Natural Resources"
section.
(18) Conditional Use allowed only on privately held property. Not allowed on
government lands. (Ord. 1752-97)
14-69 CITY OF KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION PZ97-27
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TITLE 14.20 KENAI
ZONING CODE, LAND USE TABLE WITH FOOTNOTES.
WHEREAS, the Planning and Zoning Commission determined that the Land Use
Table was unclear and that all uses allowed and not allowed should be
specifically noted in the Land Use Table; and
WHEREAS, the Planning and Zoning Commission determined that some uses should
not be allowed in some zones and a designation "N" "Not Permitted"
should be added to the Land Use Table; and
WHEREAS, the City of Kenai Planning and Zoning Commission held a public
hearing on June 11, 1997;
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDS THAT THE
KENAI CITY COUNCIL AMEND KMC TITLE 14.20 KENAI ZONING CODE, LAND
USE TABLE WITH FOOTNOTES.
PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this
11 `h day of June, 1997.
A TEST: Planning Secretary
CHAT PERSON
KEY: P . Principal Pe rsi tted Use
C a Conditio ut Use
S - Se dry Ua
Table 1 of 3
ROTE: Reference footnotes
on following psya for
wMitiorrt restrietlarw.
w x~ : ' •v' r' K'ZONING D1STR1Cw
TS :"4"
y
LAND USGS
RS'1.
••RSl
RS2'
klI'°
[:C':
CG
IL
1!3
R
T
AO7WaL� i �ARa�:"�
`njyr"
..h. „r
,x•. iw x., " x�M„%
One Family
P
P
P
P
P
P
S
St
SZ
P
P
Dwelling
Two Family
P
P
P
P
P
P
S
p
p
Dwelling
Thme/Four Family
P
P
P
S
ST
Dwelling
FvelSix Family
Dwelling
C3
P
P
S
S,
Seven or More
C3
C3
P
S
St
C
Family Dwelling
Townhouses 4
C
C
C
Mobile Homes 3
Mobile Home
C
C
Parks s
Planned Unit
C
C
C
Residential
Development 7
COMMURCIAi. ;:'J x •„a+ x w,:• .w ', erw.z►A: , r 4., ;, > .
Automotive Sales
P
P
P
Automotive Service
P
P
P
Stations
Banks
P
P
Business/Consumer
Services
P
P
C
Hotels/Motels
P
P
C
Professional Offices
P
P
P
P
P
S
P
Restaurants
Ce
P
P
C
C
Retail/Wbolesale
Business
P
P
P
P
C
C
TheaWW
P
P
P
C
Comme:eial
Recreation
14-65 CITY OF KENAI
01
KEY: P - Prircipat Permitted Use
C a Carditforrt Use
S - Secandery Use
Table 2 of 3
NOTE- Reference footrotes
an fottwinp pspes for
edditiorrt restriction.
rL L►
•
i
I
I:1
1 1 I i1!
� � ✓ 1 1 1 '
■I
1'
'7,1 1
1
,
iMl .I ✓ 1
lAiii
Ali"
1 1 • �
■�����000■■oo
14-66 CITY OF KENAI
KEY: P - Principal Permitted Use
C - Carditiarol Us*
S ■ Setardsry Use
Table 3 of 3
MOTE: Referaree footnotes
on fatLonirrp paper for
additional restrietiars.
ZONING DISTR[C7'Sv
C
RR
RRI
RS"
RSl
RM
RU
CC
CG
11:'.
'IH
R
T
S
c"i xY
Mp;'•'r„'r
1,
x .
�� a
w•
,,•„
S
LLLAANE
Animal Boarding 13
C
C
C
Bed & Breakfast
C
C
C
C
C
Cabin Rentals
C
C
cemeteries
C
Crematones
C
C
C
C
Dar Care meters iZ
C
C
C
C
C
C
C
C
Dormitories/
P
S1
S-
Boarding
Boarding Houses
Essential Services
P
P
P
P
P
P
P
P
P
P
P
P
P
Farming/Gardening/
P
P
P
General Agriculture
Greenhouses/Tree
C
C
C
C
C
C
Nurseries 13
Assemblages 15
C
C
C
C
C
C
(Large: Circuses,
Fairs, etc.)
L,odges/Fmtemal
p
p
C
Organizations
Nursing,
C
C
P
P
Convalescent or
Rest Homes
Parking, Off -Street
P
P
P
P
P
P
P
P
P
P
P
P
P
Parking, Public
C
C
C
P
C
Private Clubs
P
P
P
S
C
Raldion V
P
P
p
S
Transmitters
Recreational Vehicle
C
C
C
C
C
C
C
Parks
Social Halls
p
P
C
Subsurface Ext-
C
C
C
C
C
C
C
C
C
C
C
faction of Natural
%nources 16
Surface Extraction
C
C
C
C
C
C
C
C
C
C
C
of Natural
Resources 17
Union Halls
P
P
C
14-67 CITY OF KENAI
0
(1) Allowed as a secondary use except on the ground floor of the part of the
building fronting on collector streets and major highways.
(2) One single-family residence per parcel, which is part of the main building.
(3) Allowed as a conditional use, subject to satisfying the following conditions:
(a) The usable area per dwelling unit shall be the same as that required for
dwelling units in the RS zone;
(b) The site square footage in area must be approved by the Commission;
(c) Yards around the site, off-street parking, and other development
requirements shall be the same as for principal uses in the RR zone;
(d) Water and sewer facilities shall meet the requirements of all applicable
health regulations;
(e) The proposed dwelling group will constitute a residential area of sustained
desirability and stability; will be in harmony with the character of the surrounding
neighborhood, and will not adversely affect surrounding property values;
(f) The buildings shall be used only for residential purposes and customary
accessory uses, such as garages, storage spaces, and recreational and community
activities;
(9) There shall be provided, as part of the proposed development, adequate
recreation areas to serve the needs of the anticipated population;
(h) The development shall not produce a volume of traffic in excess of the
capacity for which the access streets are designed;
(i) The property adjacent to the proposed dwelling group will not be adversely
affected.
(4) See "Townhouses" section.
(5) See "Mobile Homes" section.
(6) Allowed as a conditional use, subject to "Mobile Homes" section and provided
that any mobile home park meets the minimum Federal Housing Authority requirements.
(7) See "Planned Unit Residential Development" section.
(8) Allowed as a conditional use, provided that the proposed location and the
characteristics of the site will not destroy the residential character of the neighborhood.
(9) Allowed as a conditional use, provided that all applicable safety and fire
regulations are met.
S46-11/13/87 14-68 CITY OF KENAI
(10) Provided that no part of any building is located nearer than thirty (30) feet to
any adjoining street or property line.
(11) Allowed as a conditional use, provided that no part of any building is located
nearer than thirty (30) feet to any adjoining street or property line and provided further that
the proposed location and characteristics of the use will not adversely affect the commercial
development of the zone.
(12) Allowed as a conditional use, provided that the following conditions are met:
(a) The proposed location of the use and the size and characteristic of the site
will maximize its benefit to the public;
(b) Exists and entrances and off-street parking for the use are located to
prevent traffic hazards on public streets.
(13) Allowed as a conditional use, provided that setbacks, buffer strips, and other
provisions are adequate to assure that the use will not be a nuisance to surrounding properties.
The Commission shall specify the conditions necessary to fulfill this requirement.
(14) Allowed as a conditional use, provided that no indication of said use is evident
from the exterior of the mortuary.
(15) Allowed as a conditional use, provided that the following conditions are met:
(a) An uncleared buffer strip of at least thirty (30) feet shall be provided
between said use and any adjoining property in a residential zone.
(b) Exits and entrances and off-street parking for the use shall be located to
prevent traffic hazards on the public streets.
(16) See "Conditional Uses" section.
(17) See "Conditional Use Permit for Surface Extraction of Natural Resources"
section.
S46-11/13/87 14-69 CITY OF KENAI
r/��7z
Suggested by: Planning & Zoning Commission
CITY OF KENAI
ORDINANCE NO. 1754-97
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING
KENAI MUNICIPAL CODE 14.20.160(b)(6)[A] TO SPECIFY ALLOWED BUILDING
COVERAGE OF LOTS FOR TOWNHOUSES IN ALL CITY ZONES.
WHEREAS, townhouses are allowed on certain lots by conditional use permit as set out in the
Land Use Table of the Kenai Municipal Code; and
WHEREAS, the Kenai Municipal Code currently addresses the allowed total building coverage of
townhouses ONLY on lots in RR, RS and RU zones; and
WHEREAS, the Land Use Table allows townhouses by conditional use permit in all city zones; and
WHEREAS, the Kenai Municipal Code needs to address the allowed total building coverage of
townhouses on lots in all city zones in order to be clear and consistent;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska that KMC
14.20.160(b)(6)[A] be amended to read:
[A] The total building coverage shall not exceed thirty percent
(30%) of the lot area in the [RR AND RS] C, RR, RR1, RS, RS1, F 2'
CC, CG, IL and R zones and forty percent (40%) of the lot area in the
RU and TSH zone.1;
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the 6th day of August,
1997.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Introduced: July 2, 1997
Adopted: August 6, 1997
Effective: September 6, 1997
June 26, 1997 (sp)
CITY OF KENAI
PLANNING AND ZONING COMMISSION
APRIL 11, 1997
LAND USE TABLE —WORK SESSION
***MINUTES***
Members present: Carl Glick, Phil Bryson, Barb Nord, Karen Mahurin,
Michael Christian
Members absent: Ron Goecke, Teresa Werner-Quade
Others present: City Engineer Jack La Shot, City Attorney Cary
Graves, Administrative Assistant Marilyn Kebschull
LAND USE TABLE —DISCUSSION:
Bryson suggested reviewing the zoning requirements for each zone and then
going through the draft that was sent.
Mahurin asked if they are to assume the N's are ordinance mandated.
Graves stated there are some that are not ordinance mandated. Graves
stated for example, in the conservation zones.
Bryson suggested separating the residential dwellings at 2/3 family dwelling
and then 4 family dwellings. Christian asked if Bryson was suggesting a
separate line for three and four family dwelling? Bryson stated yes and
Christian commented that he agreed. Bryson stated that would make the
table split where the ordinance does. Agreement to split at 2/3 family
dwellings and then another category at 4 family dwellings.
Glick asked how the group would like to proceed with the review. Mahurin
stated it is easier for her to deal with one zone before proceeding to another.
Bryson asked the group to keep in mind that if a use was potentially
considered a CUP and they make it not permitted (N) that it could be viewed
as a taking. Bryson stated he would defer to the attorney on this subject.
Graves stated it could be argued as a regulatory taking. Graves stated that
in the past to be viewed as a regulatory taking, you must take all economic
use of the property. Graves added there are attempts in the legislator now
to lessen that standard so any restriction on a property would have to be
compensated. Graves advised that when the administration first reviewed
the table, they were going to put N's where it showed no use. Graves noted
the only other N's added were gas manufacturing and storage noting it is
Planning and Zoning Commission
Land Use Table Work Session Minutes
Page 2
April 11, 1997
obvious you don't want a liquid gas plant in a residential zone. Graves
commented that the administration had been very restrictive about placing
N's on the idea that it is the Commission's job to weigh whether a particular
conditional use is appropriate in a particular instance. Graves noted this was
the administration's philosophy when going through the table.
Mahurin asked if it is a correct premise if there is a C, in essence P&Z should
approve the use unless there is evidence or public outcry to the contrary.
Graves stated not in every case. Graves added he feels it perfectly
appropriate for instance, if no one shows up for a hearing, if the Commission
feels it is not appropriate, it is within the Commission's authority to deny
based on the record. Graves noted this is even if the neighbors are not in
opposition. Christian commented that at the same time if it is turned down
and they appeal it becomes a political decision. Graves noted the council,
when hearing appeals, is not acting as political body. They are a quasi-
judicial body. Christian commented that political moods can affect decisions.
Christian noted he would like to see not too many C's based on the intent of
zone. Christian added that a person who doesn't agree with an N can
appeal. Graves clarified that an N doesn't allow for an appeal. Graves
stated if they decide on the N, there is nothing to apply for and nothing to
appeal. Graves noted they would have to change the zone which would
require a code change. Graves noted that is why administration put few N's
because it eliminates any possibility of allowing the use. Christian
questioned if a variance wouldn't allow for the use. Graves advised that
variances are not a land use table mechanism instead it is more for land
development issues such as side yard setbacks, etc. La Shot commented
that the C designation leaves the power with the Commission. La Shot
noted that more N's make administrations job easier but that it is probably
not appropriate.
Glick noted that council will have to approve the revision and may look and
decide they don't like all N's. La Shot noted the way the table is presented it
gives some latitude where there is a use that could be compatible.
Christian noted then that technically before they added the N's there has
always been a chance for the use but placing an N does not allow for the
use. Graves clarified that is the correct assumption.
Glick asked how would the Commission like to proceed. Mahurin
recommended taking each zone in total before proceeding to the next.
CONSERVATION ZONE:
Planning and Zoning Commission Page 3
Land Use Table Work Session Minutes April 11, 1997
Discussion on whether or not any development should be allowed in the
Conservation zone. Mahurin stated it was her opinion that the conservation
zone was for preservation and she didn't feel any housing development was
appropriate for the zone. Christian concurred. Bryson stated that there are
areas with that zone designation that are private property. Bryson asked if
the Commission was prepared to not allow development on private property.
Graves stated he felt that if they planed N's all the way down the column
that it would be a taking. Graves further explained the takings law again.
Christian asked if the land could be rezoned. Graves stated they could do
that but if the rezone was denied, then they would have a case. Christian
commented he felt at this point the option to rezone would still be available
to them. La Shot stated there are several areas where the conservation zone
does include private property. Nord stated she believed it would be a taking.
Mahurin asked what the concept of conservation is? La Shot stated he has
found the boundaries of the zone to be somewhat arbitrary. La Shot stated
if he knew the boundaries were clear cut from uplands to wetlands, he
wouldn't have a problem.
Christian commented that a person looking at the table and seeing all the C's
would view the restrictions light on conservation. Christian added that they
may think that, "sure it's conservation but you can do anything except
commercial businesses with Commission approval." Bryson stated that
perhaps the Conservation zone should be government land only. Bryson
noted that the original zoning map was painted and didn't follow property
lines and nominally followed topography.
Christian suggested a C for private property and N for public. Graves stated
he felt that would be appropriate.
Commission decided that all the C's under conservation for Residential
section be noted with a footnote stating conditional use only allowed on
private property.
No other changes on first page of draft.
On page 2, Conservation, agreement that Churches be denoted as "C."
On page 2, Conservation, agreement that Crematories, Lodges/Fraternal
Organizations, Nursing/Convalescent/or Rest Homes, Private Clubs, Social
Halls, and Union Halls be denoted as "N." No other changes noted.
Note to Legal: Correct "exists" to "exits" on Footnote 12, Page 14-69.
Planning and Zoning Commission Page 4
Land Use Table Work Session Minutes April 11, 1997
RURAL RESIDENTIAL ZONE:
Discussion on multi -family dwellings and compatibility with Land
Development Table.
Decision to change Rural Residential Zone 5/6 Family Dwelling and 7 or
more Family Dwelling to "N" to reflect Land Development Table
requirements.
LAND USE/DEVELOPMENT TABLE DISCUSSION:
Christian commented that the RR1 zone is supposed to be more restrictive
than the RR zone. Christian stated the implication is that they don't want
four family dwellings or more in the zone. Nord agreed. Christian stated he
felt the intent was to keep the large size dwellings out of that zone. Nord
stated that she felt with the minimum square footage in the development
table that it should at least be conditional. Bryson commented that he felt
that as you get into the larger lot sizes that five, six, and seven family
dwellings become less objectionable as far as impact unless you just don't
want them in the RR zone. Christian that since the RS and RR zones are
larger lots they are suited for larger size buildings. Christian added that the
RR1 and RS1 and RS2 are smaller lots. Nord noted that the RS1 are larger
lots. Christian noted that is correct but that it was supposed to be a more
restrictive zone and not as congested. Christian stated he felt the blanks
were in the Land Use Table because they hadn't wanted something there.
Nord noted that when she completes a contract if she doesn't want
something, she runs a line through it. Nord drew attention to the Land
Development Table and the lines that are in it. Group discussion on how the
Land Use Table and Development Table had developed over time and
opinions as to how it was interpreted at various times. Bryson noted that
RS1, RS2, and RR1 didn't exist at one time. Bryson added that there was a
difference between RR and RS.
Discussion on the Development Requirements Table. Graves asked La Shot
what he would tell someone who requested a CUP for the RR zone (how
many square feet)? La Shot noted they would need 40,000 square feet
minimum unless they had city water or sewer according to the table. Graves
noted the table being blank for five family dwellings in the RR zone.
Kebschull drew attention to Footnote C3 . La Shot stated it would require
the number of dwelling units times the 7,200 square feet required in the RS
Planning and Zoning Commission
Land Use Table Work Session Minutes
Page 5
April 11, 1997
zone. Mahurin noted she felt that they all agreed that the requirements of
the Land Development Table should be reflected in the Land Use Table.
Christian commented that he wondered if they would need to allow for
separate two and three family dwelling categories when they look at the
other zones. Bryson stated that the development criteria is noted in the Land
Development Table. Christian questioned the table noting it does not
specifically list one, two, or three family dwellings. Bryson commented he
didn't feel they should start changing the table other than what is interpreted
as the original intent. Agreement from the other Commission members.
Commission returned to review of the RR residential section. Glick asked if
they needed to change the designation for four family dwelling. Bryson
noted that the four family dwelling required 40,000 sq. ft. without water and
sewer. Glick stated then it would be the five, six, and seven that would
need changed. Kebschull asked if Footnote C3 took care of the requirements
for development. Glick stated he thought it may cover it. Discussion again
that this would require the number of dwellings times 7200 sq. ft. Graves
noted this would be less than would be required for a four plex. La Shot
asked Graves if he would interpret it as five times the 7200 or if you would
go down to the five family dwelling in the table for the RS zone which
requires only 10,000 sq. ft. Review and discussion of the Land Use
Development table. Graves stated he would interpret it as the five times the
7200 sq. ft. Kebschull noted they could change the footnote to reflect
whatever they wanted. Christian commented that it seems appropriate that
40,000 without water or sewer is appropriate in RR, but 9,600 for RS
without water and sewer does not seem appropriate. Christian stated he felt
that needed to be changed. Christian stated if they changed the Land
Development Requirements Table to something more appropriate, then the
footnote may fit. La Shot stated that perhaps the footnote needs to be
clarified. Christian noted they would probably need a footnote to clarify if it
was with or without sewer and water. Kebschull noted they could have two
development requirements, one with water and sewer and one without.
Glick asked if that would be agreeable with everyone. Glick clarified that
Kebschull was recommending an additional footnote. Kebschull commented
they could have one listing the requirements for water and sewer and one
with square footage requirements without water and sewer. Kebschull noted
that Footnote C3 also requires that water and sewer facilities meet all health
regulations. Kebschull asked what DEC would require? Discussion on what
may be required. Bryson stated he felt that the physical area requirements
would not be that much different for the sewer system. Bryson added the
same buffer would be required for the well. Bryson noted they could
probably satisfy the requirements with 40,000 sq. ft. Kebschull offered the
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Land Use Table Work Session Minutes April 11, 1997
suggestion that they could make it conditional where water and sewer is
allowed and not allowed where water and sewer not available. Graves noted
that water and sewer is required within 200 feet of all mains. Graves asked
if there is any place in TSH zone that is not on water and sewer. La Shot
stated he thought perhaps in the back behind the church.
Christian suggested they have the Land Use Table reflect N's for now and it
could be reviewed later. Mahurin stated she agreed that the Table should
reflect the Land Use Development requirements.
Note, at this point, decided to place the N designation in 5/6 and 7 or more
family dwelling categories for the RR zone.
Bryson asked for clarification if they were going to make changes on the
Land Development Requirements Table. Agreement that they would not
make changes at this time.
RURAL RESIDENTIAL 1:
Decision to place an "N" in the 4, 5/6, and 7 Family Dwelling sections.
Christian commented that if they didn't want four, five, six, or seven family
dwellings why would they want a townhouse. Mahurin read a portion of the
code relating to townhouses. Graves noted that Section 160 is a separate
ordinance for townhouses. Christian questioned how they could allow a
townhouse when don't allow a four plex in the RR1 zone. Kebschull
commented that townhouses are privately owned which may make a
difference. Graves noted the code stated that total lot coverage should not
cover more than 30 percent of the lot in the RR and RS zones and 40
percent in the RU zone. Bryson asked what the code would require for the
remaining zones. Bryson commented it may have been written before those
zones were created. Graves stated they could amend the code to include all
zones. Bryson asked if that would be reasonable. Graves stated he felt it
was consistent noting they will need to have ordinance to clarify.
NOTE: Clarify Section 160 by ordinance to include all zones.
OTHER CHANGES TO RR1 ZONE:
Commercial all N's
Planning and Zoning Commission
Land Use Table Work Session Minutes
Page 7
April 11, 1997
Kebschull questioned the footnote under the RR section for restaurants.
Agreement that it is unnecessary. Agreement to remove C8 footnote from
Restaurants.
Industrial all N's.
No changes under Public/Institutional.
Crematories - N.
Radio/TV Transmitters - C.
COMMISSION COMMENTS:
Discussion on how to proceed with completing the review of the table.
Agreed to continue scheduling work sessions until review is complete. Work
session scheduled for 6 p.m. on April 23`d prior to regularly scheduled
meeting. Mahurin noted she would be unavailable.
ADJOURNMENT:
Meeting adjourned at approximately 9:10 p.m.
Respectfully submitted:
Marilyn Kebschull
Administrative Assistant
CITY OF KENAI f--P�
PLANNING AND ZONING COMMISSION
**MINUTES**
WORK SESSION:
1. Review of the Land Use Table
Individuals Present:
Commission Members: Phil Bryson, Carl Glick, Ron Goecke, Barb Nord, Michael
Christian, Teresa Werner-Quade (arrived at 6:50 p.m.)
Others Present: Councilman Hal Smalley, Building Official Robert Springer,
City Attorney Cary Graves, Administrative Assistant Marilyn
Kebschull
Glick noted they needed to start on RS Zone and reviewed the process that the
Commission had used at the last meeting.
RS—SUBURBAN RESIDENTIAL:
Residential:
Glick asked for changes to RS residential.
Bryson voiced concern about commercial uses in RS zone. Bryson noted that the RS
zone is much of the undeveloped area in the city. Bryson stated he felt the RS should
be looked at as CUP and RS1 and RS2 be more restrictive.
Nord noted she had an N for Auto sales and service stations in all RS zones, the rest
conditional. Christian stated he was more restrictive and place N's on all commercial
uses in that zone. Goecke stated he has a problem with N's if you do that most all of
the available useable land in the city is in the RS zone so that means going through and
rezoning if someone wants to put something in there. Christian stated he thinks that if
property is rezoned it would be more appropriate so their neighbors would have time to
react. Graves noted conditional uses require a public hearing and would be advertised.
Nord commented that conditional use would keep from spot zoning in areas. Glick
stated that rezoning is a problem if it is a small parcel. Christian agreed with Nord to
first two as N's. Bryson commented that it is not uncommon to have more control
with CUP than with more restrictive zoning. Glick asked if Bryson could agree to
Nord's suggestion. Agreed to place N's in the commercial section for automotive sales
and service stations.
Nord asked if they needed to review the residential section for 4-7 dwellings. Bryson
noted three family dwelling were split from four.
Industrial:
Glick noted the only N is suggested for gas manufacturing and storage. Nord stated
she had N's on all of them adding she doesn't feel they belong in residential areas.
Minutes April 23.doc
Planning and Zoning Commission Page 2
Minutes April 23, 1997
Christian agreed with Nord. Bryson stated he prefers N's. Group agreed to change C's
to N's. Bryson asked if gas manufacture was production. Glick stated he didn't
interpret it as production, instead like an LNG production. Goecke stated he has a bit
of a problem with N under warehouse. Goecke asked for a definition of a warehouse
from the Commissioners. Goecke noted it could be a storage place or 100,000 square
foot building. Goecke stated he believes it should remain a C. Christian noted it is
listed under industrial. Glick noted Goecke is out numbered unless someone changed
their mind. Bryson commented he didn't have a strong opinion one way or another.
Bryson added it may be justified as a conditional use but if heavy duty warehousing
with a lot of traffic may not be appropriate. Goecke stated the could deny the CUP.
Bryson stated he would consider swinging to the C in warehouse. Glick agreed.
All N's except C under warehouse.
Public/institutional :
Bryson stated he feels suggested uses under public/institutional are appropriate.
Agreement to no changes.
Miscellaneous:
Nord stated she has an N under crematories. Christian stated he would like to look at
cabin rentals noting it sounds like a commercial operation. Smalley noted the CUP
gives P&Z authority if to allow a CUP after considering surrounding property, size of
lot, etc. Goecke noted they already said hotels and motels are a C under the IRS zone.
Christian noted it would be consistent to keep it a C.
Nord commented regarding recreational vehicle parks her feeling is that they don't
belong in the IRS zone. Glick asked for others who agreed. Bryson agreed to leave it as
a C.
No changes.
RS1—SUBURBAN RESIDENTIAL I:
Glick asked if they needed to discuss square footage on the RS1 zone, residential
section. Christian noted the line through four or more dwellings on the development
table.
Christian stated he would like to look at RS1 noting that as it is on the books no one is
using it, it is more restrictive. Christian stated he assumes that since there is no
minimum square footage in the development table, they didn't want them. Christian
suggested N's for four family dwellings and above. Nord agreed. Glick asked about
townhouses. Nord stated she had C as they are usually owned by individuals. Bryson
stated he felt the intent of the RS1 zone was to not allow more than 3 family dwellings
in the subdivision. Glick asked if they could agree that 4-7 all N's. Christian stated he
Planning and Zoning Commission Page 3
Minutes April 23, 1997
would feel the same for townhouses. Bryson stated he would prefer a C noting that
this way they would have to justify the permit. Goecke stated he agreed to the CUP
for townhouses. Nord agreed. Christian stated he would like to argue that mobile
home parks and planned residential developments do not fit the RS1 category. Glick
stated he agreed with mobile home but disagreed with planned developments. Goecke
also disagreed with planned development. Nord stated she thought they should have a
C on both because it is private property. Nord noted that mobile homes are privately
owned. Bryson stated that regarding mobile homes, they will be a hard sale. Bryson
noted they have their own section in the code that they have to conform to adding that
Council hasn't shown any great propensity to allow them anywhere. Bryson stated he
didn't know of one that had been approved since the ordinance was adopted. Bryson
noted that planned residential development are usually low density with clustered
housing and has it's positive aspects. Bryson stated he feels it should be allowed as a
C and given the opportunity to justify itself. Goecke agreed.
No other changes.
Commercial:
Bryson stated he believes they should be all N's. Christian agreed. Nord stated she
was inclined to agree. Smalley asked about an individual who wants to have a family
style restaurant. Christian stated it is a restrictive zone like putting one in a
subdivision. Smalley noted that is where they are found noting there is one that was
approved in Thompson Park. Christian stated they are talking about parking and traffic
that a business would bring with it. Smalley noted that under a CUP they have to
establish parking. Christian stated he couldn't see it in the zone. Nord stated she feels
it should be N's all the way. Bryson and Goecke agreed.
Change to all N's.
Industrial:
Christian and Nord suggested all N's. Goecke noted he left it as suggested but added
that after what they did with the RS zone he could see all N's put would have a little
problem with a warehouse being an N. Bryson stated it should be at least as restrictive
as the RS zone.
All N's.
Public and Institutional:
Goecke, Bryson, and Nord suggested no change. Christian noted he has N's in the
blanks; first three --government buildings, libraries and museums.
No changes.
Planning and Zoning Commission
Minutes
Miscellaneous:
Page 4
April 23, 1997
Christian stated he was hoping to make another pitch for animal boarding being
restricted in RS1 . Christian commented that it seems like in a subdivision like Inlet
View you wouldn't want animal boarding. Nord stated she originally had an N and then
changed to C to conform with boarding in the past. Nord stated she can be swayed.
Goecke suggested leaving it as a C noting if someone wants to do this, they would
have to come before the commission. Bryson feels an N is appropriate. Glick noted
they vote is 2 to 2 at this point. Springer commented that if an individual had four
dogs they couldn't even ask to have them. Springer asked if the Commission thought
that was appropriate. Christian stated he feels it is appropriate. Springer asked about
cats.
Kebschull asked clarification on how someone would apply and whether or not the
animal control officer would issue permits and enforce the permit.
Graves stated that historically Animal Control enforces. Graves noted that kennel
boarding specifically addresses dogs however animal boarding does not specifically
address dogs.
Glick advised to leave as a C—No change.
Christian stated he had N's for cabin rentals, cemeteries, and crematoriums adding they
didn't seem to fit. Christian stated he felt they were left blank before as an indication
they didn't want them. Christian noted an N for B&B also. Bryson stated he agrees
with that keeping in mind this is the most restrictive zone. Nord agreed with
crematoriums adding she has C's on the other three but would change cemeteries to N.
Goecke stated he has no problem with the suggested changes. Goecke commented
that he didn't think we would ever see a cemetery in RS zone as by design it takes up a
lot of room.
Change cabin rentals, cemeteries, and crematories to N.
Christian stated he feels it should be N for dormitory and boarding houses. Goecke
stated he disagrees because they allowed colleges under a conditional use and
dormitories and colleges go hand in hand. Nord noted she has a C. Bryson stated he
would go with a C. Glick agreed.
Nord suggested RV Park should be an N. Christian stated an N for radio and t.v.
transmitters. Nord stated she can speak from the heart as a neighbor has a ham radio
that comes across her appliances, even an electric toothbrush. Nord commented that if
you are looking at commercial versus independent, she is uncomfortable with restricting
private, even her neighbor. Glick noted he has a neighbor with a c.b. that comes
through.
Planning and Zoning Commission
Minutes
Page 5
April 23, 1997
Bryson stated he felt radio, t.v. should be conditional based on what is proposed.
Bryson stated he felt R.V. Parks were not appropriate. Goecke agreed. Nord noted C
for transmitter.
Change RV Park to N.
Smalley asked how group feels about surface extraction in this zone. Christian stated
he had an N. Glick noted fairly strict requirements in the code on those already.
Bryson stated he didn't feel it appropriate in RS1. Nord agreed.
N under surface extraction.
RS2—SUBURBAN RESIDENTIAL 2:
Christian would like to see it the same as RS1 in land uses. Christian noted they had
left them blank in the land development table. Christian noted this is a smaller lot
residential area. Bryson and Nord agreed.
Change 4-7 dwellings to N.
Commercial:
Bryson stated he felt the RS2 zone should reflect RS1 restrictions, provide N's all the
way through. Group agreement.
Change to all N's.
Industrial:
Nord, Bryson and Goecke recommend all N's.
Agreed to change to all N's like RS1 zone.
Public and Institutional:
No changes.
Miscellaneous:
Nord stated she feels it should reflect RS1 all the way down. Bryson stated he agreed
except for animal boarding. Goecke agreed.
RU—URBAN RESIDENTIAL:
Residential:
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Minutes April 23, 1997
Bryson recommended no change. Agreement.
Commercial:
Goecke suggested leaving it. Nord suggested N's in auto sales and service stations.
Bryson suggested restaurants C and asked if that is specified in the code. Graves
noted Ca now. Graves agreed to check the RU zone noting it is intended to provide for
areas of apartments, etc... Christian stated he can go either way, seems in urban area
likely to have service stations adding he wouldn't like to live next to one. Werner-
Quade stated she suggests N with auto sales and service stations. Christian stated he
would rather be restrictive. Nord stated she would back down on auto service stations
to a C but leave auto sales an N.
Glick clarified an N on auto sales and C on service stations. Glick checked vote noting
still tied on auto sales, three to three. Christian noted it is a residential zone rather
than commercial. Goecke suggests a C then the Commission has control if someone
asked request a permit.
Glick advised they will leave as is in draft until 7" member present to break the tie.
No changes.
Work session ended at RU, Industrial zone. Glick asked how they should continue.
Goecke commented they have not made any significant changes adding that it appears
that staff put some effort into the designations. Goecke noted the Commission made
some changes but now they are getting into the commercial entities for the most part.
Goecke suggesting accepting staff draft unless someone has severe objections.
Christian stated he doesn't think it will take very much time to finish but would prefer
to go through as a group. Nord agreed adding she there are some things she is uneasy
about in the zone. Discussion about when to come for work session.
Agreement to meet at 6:00 on May 14t'
Springer asked if they will revisit any issues in the land use table noting he is concerned
primarily about all the N's under the residential sections for five and six family
dwellings. Springer noted they have relegated multi -family dwelling to only a couple
zones. Glick advised they will not talk about it in work sessions but when the draft is
finalized someone could propose an amendment.
Planning and Zoning Commission
Minutes
REGULARLY SCHEDULED MEETING:
1. ROLL CALL:
Page 7
April 23, 1997
Members present: Carl Glick, Ron Goecke, Phil Bryson, Teresa Werner-Quade,
Barb Nord, Michael Christian
Members absent: Karen Mahurin
Others present: Councilman Hal Smalley, Building Official Robert Springer,
Administrative Assistant Marilyn Kebschull
2. APPROVAL OF AGENDA:
GOECKE RECOMMENDED APPROVAL AS PRESENTED AND ASKED FOR UNANIMOUS
CONSENT. CHRISTIAN SECONDED THE MOTION. APPROVED.
3. APPROVAL OF MINUTES: April 9, 1997
CHRISTIAN MOVED TO APPROVE MINUTES. MOTION SECONDED BY NORD. GLICK
ASKED FOR ANY CORRECTIONS. NONE NOTED. GOECKE ASKED FOR UNANIMOUS
CONSENT. NO OBJECTION. MINUTES APPROVED.
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
6. PUBLIC HEARINGS:
7. NEW BUSINESS:
a. Right of Way Vacation —Kill Deer Court, Highlands Subdivision
CHRISTIAN MOVED TO APPROVE THE RIGHT OF WAY VACATION FOR KILL DEER
COURT. MOTION SECONDED BY GOECKE.
No additional staff comments.
Nord stated she was curious of how it got approved before. Glick noted it may have
been because of the old highway. Bryson noted that further down the hill the old right
of way cuts through there adding he is not sure why they created a frontage road
situation. Bryson noted problems with utilities have not been addressed noting
apparently HEA has utilities in the ROW. Bryson added that HEA will comment at the
borough level if they have any.
Planning and Zoning Commission
Minutes
VOTE:
BRYSON YES
GOECKE YES
CHRISTIAN YES
PASSED UNANIMOUSLY.
Page 8
April 23, 1997
WERNER-QUADE
NORD
GLICK
YES
YES
YES
Bryson asked if public comment was necessary. Glick noted this was not a public
hearing but noted for the record no public were present to comment.
b. Extension of Construction Schedule —Lot 1, Spur Subdivision, Senior Citizens
Addition
GOECKE RECOMMEND APPROVAL OF THE CONSTRUCTION EXTENSION FOR SPUR
SUBDIVISION, SENIOR CITIZEN'S ADDITION. MOTION SECONDED BY CHRISTIAN.
No additional staff comments.
Glick commented he felt they are still trying to get financing. Smalley noted the idea of
having city assist with bonding is not being pursued and they are looking elsewhere for
financing.
VOTE:
WERNER-QUADE YES GOECKE YES
NORD YES CHRISTIAN YES
BRYSON YES GLICK YES
PASSED UNANIMOUSLY.
8. OLD BUSINESS:
9. CODE ENFORCEMENT ITEMS:
1. REPORTS:
a. City Council
Smalley referred to the copy of agenda in packet. Smalley stated several gentlemen
spoke representing corporations who would like to financially back the fire training
center is built will build on to provide employee training. Smalley reiterated they would
be using their money. Smalley added that Sakhalin's major oil companies are very
Planning and Zoning Commission
Minutes
Page 9
April 23, 1997
excited about the facility getting online here. Smalley stated they are talking about
providing funds equal to the original $8 or 9 million that the facility will cost.
Smalley reported that the Kenai Recreational Ice Rink group brought forth a proposal for
a bare bones project. This would be a complete year round use facility, similar to the
one in North Kenai but would not have walls. Smalley noted the project is estimated at
$490,000.
Smalley advised a new airline will start flying into Kenai around May 1. It is Yute
Airline who will provide carrier service daily, every 1.5 hours from 5 a.m. to midnight.
Smalley reported that Public Hearing—Cl passed unanimously. The city wrote a letter
of protest for the reissuing of liquor license. Item H6 was a discussion of city's fuel
supply. Smalley noted the city will split gas and diesel and bid them separately.
Smalley noted the city will renovate the shop area fuel tanks which will cost about
$10,000 and then contract out the gas. Smalley noted the concern was with the rack
price. The city will be basing the RFP on the Tesoro rack prices because they can vary.
Smalley advised the council had gone into executive session on the Inlet Woods
litigation trying to bring it to closure. Smalley noted that offers had been made several
times by the owners of the property prior to the city getting involved. They are dealing
with another offer now and hope to bring it to a closure so the city comes out okay.
Approximately $200,000 has been spent on litigation costs which has been going for
10 or 11 years.
Smalley stated that council discussed the condition of the bike paths and the heaving
and will be seeing if the state can do anything with the contractor. The state will not
maintain the path so Parks and Recreation will run the sweeper a couple times a year.
Christian asked about the difference in the rink proposal and covering the current rink at
the high school. Smalley stated that rink is in disrepair and it is borough property.
Smalley stated they have talked about working with the lots on the other side of the
golf course. The city will see if they can sell the lots and put that money into other
recreational purposes. Then, the city would dedicate a portion of those revenues for
this type of facility. Smalley added that the city has a couple of other parcels the rink
committee is reviewing. Smalley stated the property next to the high school would be
nice but it is not available because it is mental health land.
Goecke asked for clarification on Smalley's comments on the rink at the school and the
property near there. Smalley reiterated the rink is not in good repair. Goecke asked
about where the tennis courts are and Smalley advised the school has said no and it is
not large enough.
Smalley noted the group has cut their vision down from the original $1.5 million dollar
facility.
Planning and Zoning Commission
Minutes
Page 10
April 23, 1997
Smalley noted there will be a budget work session tomorrow night at 7 p.m.
b. Borough Planning
Bryson noted the agenda in the packet. Bryson reported that with the exception of
item E1 which was postponed, pending negotiations, all other items approved or
recommended to be adopted.
c. Administration
• Kenai River Comprehensive Plan
Springer asked the Commission to review the Kenai River Comp Plan for comment at
next meeting.
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Kenai River Center Permit 2278 Information
b. KPB Administrative Approval —Ridgeview Estates Addition No. 1
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT;
Meeting adjourned at approximately 7:35 p.m.
Res ectfully submitted:
M rilyn Kebschull
Administrative Assistant
CITY OF KENAI
PLANNING AND ZONING COMMISSION
**MINUTES**
KENAI CITY COUNCIL CHAMBERS
May 14, 1997
WORK SESSION:
1. Review of the Land Use Table
a. Work Session Minutes of April 23, 1997
b. Land Use Table Draft (with changes from 4/23/97 meeting)
:1le,,, G
Individuals in attendance included: Commissioners Glick, Christian, Werner-Quade,
Goecke, Mahurin, City Attorney Graves, City Engineer La Shot, and Administrative
Assistant Marilyn Kebschull
Glick noted they need to start at urban residential zone industrial section. Christian
asked about the items in commercial section noting they needed to break a tie. Glick
advised it was agreed to have seven members present before discussing it again.
URBAN RESIDENTIAL:
Industrial:
Goecke and Christian stated no problems with suggestions. Werner-Quade noted she
had a N for airport use. Glick asked Graves to refresh the Commission on why the
administration recommended CUP on Airports. Graves and La Shot couldn't remember.
Glick verified draft okay.
No changes.
Public Institutional:
No changes.
Miscellaneous:
Christian stated he had an N for cabin rentals and cemeteries. Werner-Quade agreed.
Goecke agreed with the draft. Christian questioned surface extraction of natural
resources adding it is doubtful it would happen. Glick noted it could but added there
are strict requirements now. Goecke asked what if the city wants to do something?
Glick agreed to an N for cabin rentals and cemeteries but would leave surface
extraction.
Change cabin rentals and cemetery to N.
CC —CENTRAL COMMERCIAL:
Minutes May 14.doc
Planning & Zoning Commission Page 2
Minutes May 14, 1997
Residential:
Goecke noted his agreement with the draft for first part. Others agreed with the draft.
No changes.
Commercial:
Goecke suggested no changes adding it is a commercial zone. Christian agreed.
No changes.
Industrial:
Goecke no changes. Christian questioned CUP for manufacturing and assembly. La
Shot stated that central commercial is geared toward smaller retail. Graves commented
that light manufacturing would be appropriate such as cabinet building. Graves noted
the C allows the Commission to decide if appropriate.
No changes.
Public/Institutional:
No changes.
Miscellaneous:
No changes.
GENERAL COMMERCIAL:
Residential:
No changes.
Commercial:
No changes.
Industrial:
No changes.
Public/institutional :
No changes.
Planning & Zoning Commission
Minutes
Miscellaneous:
No changes.
IL —LIGHT INDUSTRIAL:
Residential:
Page 3
May 14, 1997
Goecke asked if it would be feasible to do both industrial zones concurrently. Agreed
to look at both Industrial zones together.
IL —LIGHT INDUSTRIAL AND IH—HEAVY INDUSTRIAL:
Christian questioned dwellings in these zones. Christian asked if it would be
appropriate to put N's as not appropriate for zone. Mahurin asked about a combined
shop with an apartment. Goecke noted they are under a CUP commenting it is doubtful
anyone would want to build in the zone and if they did doubtful anyone would want to
rent. Mahurin agreed with Goecke noting as a CUP it would have to come before the
Commission. Christian noted he is looking at what happens on appeal when it passes
at the council level. Kebschull commented on canneries having boarding houses in the
industrial zone. Christian stated that he could agree with a C. TWO. noted she had had
N's but could go with CUP.
No changes in residential in IL and IH.
Commercial —IL and IH:
Goecke noted he would have put P's where the C's are but could go with the draft.
No changes.
Industrial —IL and IH:
No changes.
Public/Institutional—IL and IH:
Christian stated he thought it odd that they allow elementary schools in these zones
adding he would think it should be an N. Mahurin agreed adding that she cannot see
the borough buying land in an industrial area. Mahurin noted the intent of plan and that
in the future there could be an extenuating circumstance. Goecke noted they need to
consider private schools. Christian commented it doesn't seem a safe place for a
school. Mahurin agreed. Goecke asked about a major manufacturing group that wants
to provide a daycare facility for their workers. Goecke noted it is now an elementary
Planning & Zoning Commission
Minutes
Page 4
May 14, 1997
school. Goecke asked if you make them have it someplace else. Goecke noted under
CUP there is control. Christian stated he will agree with C.
No changes.
Miscellaneous —IL and IH:
RG no changes. Christian questioned B&B in industrial zone.
No changes.
R—RECREATIONAL:
Residential:
Christian noted he would suggest N's for larger dwellings adding it didn't seem the kind
of things that should go in recreational zone. Glick asked about the recreational zone
next to golf course and someone could want to build a large residential complex there.
Christian noted the golf course and landfill are the only recreational zones now. La
Shot noted it should be looked at that there could be change in the future. Graves
noted there may be some lots next to the golf course sold within the next year which
could be developed with townhouses. Glick asked about other areas of the city which
could be changed in the future. Graves noted someone could build condos as
multifamily dwellings.
No changes.
Commercial:
Christian thought there should be N's under first four items. Goecke stated he could
agree with first item but from there on there may be a need for services in the zone.
Glick noted under CUP you can control development. Glick and Mahurin agreed with N
on auto sales.
Change auto sales to N.
No additional changes.
Industrial:
Christian would prefer N's in all five. Mahurin stated she could see leaving airport as is
but would agree to change others to N's. Goecke noted a problem with manufacturing,
assembly, storage making as an N because in recreational areas people will be looking
for something to do. For example a craft store where items could be made would be
assembling. Werner-Quade noted she had no changes with the draft. Mahurin stated
she would like N under Auto repair.
Planning & Zoning Commission Page 5
Minutes May 14, 1997
Change auto repair to N and leave rest as draft.
Public/institutional:
Christian recommended no changes to draft. Werner-Quade noted she had a P for
library and museum but would agree with C.
No changes.
Miscellaneous:
Mahurin requested clarification of essential services. La Shot stated that it is mainly for
utilities in right of way, lift stations, etc. Mahurin asked if they had to leave it in. La
Shot noted it would be a good idea adding they are usually government or utility
companies. Mahurin questioned secondary use for cell station, radio etc. La Shot
noted he had no problem with a C. Graves noted it is an S now so administration had
just left it. La Shot noted it might be a good idea to review them.
Change radio/TV Transmitters/Cell sites to C.
TOWNSITE HISTORIC DISTRICT:
Residential:
No changes.
Commercial:
No changes.
Industrial:
Mahurin stated she thought manufacturing, assembly, should be N adding she felt it not
appropriate for the zone. Christian and Werner-Quade agreed. Goecke noted they are
back to the argument about a craft place which could be construed as assembly.
Goecke reiterated he would prefer a C. Mahurin noted it is a small area and a
warehouse would just be a paved area.
Glick asked for vote on manufacturing. Christian, Werner-Quade and Mahurin voted N.
Goecke and Glick voted C. Graves noted administration did consider small, craft
orientated assembly as manufacture. La Shot noted no problem with warehouse.
Agreed to change warehouses to N and leave assembly as is.
Public/Institutional:
Planning & Zoning Commission
Minutes
Page 6
May 14, 1997
No changes.
Miscellaneous:
No changes.
ADJOURNMENT:
Work session closed at 7 p.m.
Respectfully submitted:
M rily'n Kebschull
Administrative Assistant
Planning and Zoning Commission
Minutes
Page 139
June 1 1 , 1997
BRYSON AMENDED THE MOTION TO STIPULATE THAT NO RENTAL, LEASE, OR
SUBLEASE SEPARATE FROM THE PRINCIPLE STRUCTURE BE ALLOWED. MAHURIN
SECONDED THE AMENDMENT.
VOTE ON AMENDMENT:
WERNER-QUADE YES NORD YES
MAHURIN YES CHRISTIAN YES
BRYSON YES GLICK YES
AMENDMENT PASSED —UNANIMOUS.
VOTE ON MOTION AS AMENDED
NORD YES MAHURIN YES
CHRISTIAN YES BRYSON YES
WERNER-QUADE YES GLICK YES
MOTION PASSED —UNANIMOUS.
c. PZ97-27—A resolution amending the Kenai Municipal Code Title 14.20 Kenai
Zoning Code, Land Use Table with Footnotes
CHRISTIAN MOVED TO APPROVE PZ97-27. MOTION SECONDED BY MAHURIN.
PUBLIC HEARING OPENED.
PUBLICHEARING CLOSED.
La Shot noted no additional staff comments.
Christian noted that in lieu of the vote by council at the last council meeting regarding
the kennel ordinance if they should review the animal boarding section. Christian
stated they would need to change the N's to C's. Bryson noted not in the TSH zone.
Glick stated that would involve the N's in the RS2 and RU zones being changed to C's.
MAHURIN MOVED THAT UNDER THE ZONING DISTRICT, MISCELLANEOUS ANIMAL
BOARDING IN THE RS2 AND RU THAT THEY CHANGE THE NOT PERMITTED TO A C
FOR CONDITIONAL USE. MOTION SECONDED BY NORD.
Mahurin stated she felt it is a moot point and if isn't changed here when it goes back to
council for the ordinance approval they will do it anyway. Mahurin stated a
housekeeping item.
IVOTE ON AMENDMENT:
MAHURIN YES
BRYSON YES
NORD YES
CHRISTIAN
WERNER-QUADE
GLICK
YES
YES
YES
Planning and Zoning Commission Page 14
Minutes June 11, 1997
MOTION PASSED —UNANIMOUS.
Glick asked if anything else that needs to be discussed. Nothing noted.
VOTE ON MOTION AS AMENDED:
CHRISTIAN YES
WERNER-QUADE YES
MAHURIN YES
MOTION PASSED —UNANIMOUS.
BRYSON
YES
NORD
YES
GLICK
YES
7. NEW BUSINESS:
a. PZ97-26—Home Occupation Permit —Art Instructor —Barbara Hultberg, Lot 28,
Block 3, Redoubt Terrace Subdivision, 1618 Fathom Drive, Kenai, Alaska
MAHURIN MOVED TO APPROVE PZ97-26. MOTION SECONDED BY WERNER-
QUADE.
La Shot noted no additional staff comments.
Bryson asked if there was any concern with parking. Bryson stated he feels that any
parking that is required for people attending the session should be off street and that
she should have sufficient room in her driveway to do that. Bryson asked if she stated
how many people would be in attending at any one time. La Shot stated he didn't
believe any numbers were mentioned and it may be appropriate to think about that.
Bryson commented that as narrow as the streets are, if one side gets plugged it
becomes a hazard. La Shot noted permit application just states teaching to a small
number of people.
Christian asked if this is one-on-one or to groups of people. Mahurin advised that tole
painting is painting that is folksy, antique looking and done on wood or metal. Mahurin
noted it is different than having a big easel. She could definitely demonstrate to a
group adding she took a class that had about a dozen participants. Mahurin stated she
understands the parking question and wondering how many vehicles they can
adequately handle.
Glick suggested amending permit to limit the number of vehicles. Werner-Quade stated
she had thought three. Mahurin stated she would rather say that all parking for class
have to be off street adding she would hate to limit the number of people. Glick stated
he thought home occupations by nature are limited to two people. Glick asked if he
was reading something into this. Glick noted the traffic generated by a dozen people is
greater than a home occupation would allow. Mahurin noted they are thinking about
one day a week, a sporadic activity.
I=-
KENAI CITY COUNCIL MEETING MINUTES
JULY 2, 1997
PAGE 7
Bill Kluge, Architect - Kluge stated, he met with Kornelis and Ross after the bid
opening. He agreed the five percent contingency was in line with the complexity of
the project. He also recommended the paving be done with the project as it would be
more expensive, and would also cut down on dust control. He added, the $45,000
included on the ordinance was higher than five percent.
C-2b. Consideration of Substitute Ordinance No. 1751-97.
MOTION TO AMEND:
Councilman Measles MOVED to amend Ordinance No. 1751-97 by replacing it with
Substitute Ordinance No. 1751-97 marked C-2b. Councilwoman Swarner
SECONDED the motion.
VOTE:
Councilman Measles requested UNANIMOUS CONSENT. There were no objections.
SO ORDERED.
VOTE ON MAIN AMENDED MOTION:
Smalley: Absent Williams: Yes Bookey: Yes
Swarner: Yes Moore: Yes Measles: Yes
Bannock: No
MOTION PASSED.
C-3. Ordinance No. 1752-97 - Replacing the Current Kenai Municipal Code
Land Use Table (KMC 14.20) and Its Footnotes with the New Land Use
Table and Footnotes (See Exhibit "A" Attached).
MOTION:
Councilwoman Swarner MOVED for approval of Ordinance no. 1752-97 and
Councilman Bookey SECONDED the motion.
There were no public comments. Ross reported staff had reviewed the ordinance and
felt the Land Use Table was too restrictive in some residential areas. He requested
action on the ordinance be tabled until Councilman Smalley returned in order for him
to discuss the issue thoroughly with council. He added, Smalley too felt the Land Use
Table too restrictive in certain areas. Ross noted, if the Table was passed as it was
now represented, it would take all discretion out of the hands of the Planning &
Zoning Commission and council.
KENAI CITY COUNCIL MEETING MINUTES
JULY 2, 1997
PAGE 8
Councilman Bannock noted, the Commission decided to fill what had been blank
spaces on the table for more definition to the table and that it was a large endeavor for
which the Commission should be commended. He agreed, council should wait for
Smalley to return before taking action.
Councilman Bookey stated he would not support the passage of the ordinance to
accept the table as it was and wanted to wait for Smalley to return.
Councilman Measles stated he was concerned the changes to the table made the table
pretty rigid and had no room for special circumstances. He agreed, as it was, it took
decisions out of the hands of the Commission and council. Measles agreed the blanks
needed filling in, but was too rigid as it was presented.
Councilman Moore requested a map be included with the ordinance to define what
areas are zoned and added, he was not prepared to vote on the ordinance.
MOTION TO TABLE:
Councilwoman Swarner MOVED to table Ordinance No. 1752-97 (until August) and
Councilman Bookey SECONDED the motion. There were no objections. SO
ORDERED.
C-4. Ordinance No. 1753-97 - Increasing Estimated Revenues and
Appropriations by $2,500 in the General Fund.
C-4a. Motion for Introduction
MOTION:
Councilwoman Swarner MOVED for introduction of Ordinance No. 1753-97 and
Councilman Bookey SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
C-4b. Motion for Second Reading (Requires a Unanimous Vote)
V.,,,�q
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 6, 1997
PAGE 8
After a brief discussion, council set a goals and objectives work session for September
10, at 7:00 p.m. The work session was tentatively scheduled to be held at the Senior
Center (clerk will confirm).
B-4. Discussion - Schedule Board of Adjustment Hearing - Appeal of Bill
Zubeck/Petition to Vacate Public Access and Utility Easements Within
Tract A, Swires S/D Amended, Section 35, T6N, R11W, SM, Alaska
Within the City of Kenai (Associated with Buffalo Run S/D); KPB File 97-
097.
Moved from H-6. Councilman Bannock explained the Borough Planning Commission
denied the vacation of the public access and utility easement in the above -referenced
matter. The Kenai Planning & Zoning Commission and Kenai City Council had
previously approved the vacation.
The Kenai Peninsula Borough Code allows for an appeal of the Planning Commission's
findings, but refers the appeal to the municipality (if any) involved. The denial from
the Borough Planning Commission was based on another property owner's concern he
would lose accessibility to his piece of property.
After a brief discussion, council set the Board of Adjustment hearing for August 20,
1997 to begin at 7:00 p.m., immediately prior to the council meeting.
ITEM C: PUBLIC HEARINGS
C-1. Ordinance No. 1752-97 - Replacing the Current Kenai Municipal Code
Land Use Table (KMC 14.20) and Its Footnotes with the New Land Use
Table and Footnotes (Exhibit "A" Attached).
C-la. Remove from table.
MOTION:
Councilman Smalley MOVED to remove from the table, Ordinance no. 1752-97 and
Councilman Bannock SECONDED the motion. There were no objections. SO
ORDERED.
C-lb. Consideration of Ordinance.
MOTION:
Councilman Smalley MOVED for approval of Ordinance No. 1752-97 and Councilman
Bannock SECONDED the motion.
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 6, 1997
PAGE 9
There were no public comments. Councilman Smalley explained, when the Planning
& Zoning Commission reviewed the existing Land Use Table, there were a lot of blank
spots without any indication what was specifically allowed or not. The rule had been,
when the space was blank, it meant it was potentially permissible. P&Z wanted to go
through the Table and make adjustments to the ordinance and put some strength to
it and fill in all the blank spots. P&Z took several meetings and several public
hearings to come to their recommendations for amending the ordinance.
Smalley pointed out, in the past, four, five and six -family dwellings were allowable in
RR, RR-1, RS-1 and RS-2 zones and with approval of this ordinance, would not be
permitted. The amended Table was far more restrictive and, was explained to the
Commission by Graves, La Shot and Springer, that if a "C" is placed, as a conditional
use, requests would continue to come back to the Commission for review and
hearings would be held. If an "N" is placed, it would take all the latitude of discussion
completely away from the Commission and the council. The discussion which took
place was, because of lot sizes, Kenai needed to take into consideration the type of
development that would be more conducive for city residents. The majority decided to
place "N's" in those categories.
Smalley added, he noted to the Commission that in the past, requests were received
to allow family -style restaurants in residential zones, which were approved. The
discussion of the Commission was, they should not be allowed and were placed as
"N's" in the Table. If they were left as "C's" the items could be discussed by the
Commission, allowing the proposed use to be considered. Smalley added, it had been
pointed out by Building Official Springer, the general public may not have realized the
ramifications of the new restrictions, etc. even though public hearings were
advertised, etc. Smalley noted, some of the changes to the Table were not unanimous
decisions. He also stated he had specific concerns with the restrictiveness of
"residential."
Mayor Williams suggested council should develop their concerns of the proposed
ordinance and pass those concerns on to the Commission along with the ordinance,
noting what council sees as good land use. He added, he would like to continue to
work on the ordinance until a workable ordinance is developed. Smalley stated, the
Commission held public hearings and councilmembers had the opportunity to attend,
which some did. However, council had the ability to make some adjustments,
however he did not think the ordinance should be sent back to the Commission and
say, "work on it again," unless council sends a recommendation with what changes
they would want to make.
Bookey stated he wouldn't support the ordinance at this time. He suggested
discussion could be incorporated into the goals and objectives work session. He
acknowledged the Commission spent a lot of time and effort in developing the
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 6, 1997
PAGE 10
ordinance and council may not have given direction. He added, if council was not
ready to support the ordinance, another ordinance needed to be developed.
Bannock noted, the Commission had spent a lot of time in developing the ordinance
and he didn't want to send it back to them as it was their final document. He added,
he was not comfortable with the ordinance as he felt it had "too many N's." He
suggested council could use the ordinance as a working document and develop it to
their liking. He suggested, for readability purposes, the Ps could be changed to
"Yeses," or A's for "Allowable" and it may be less confusing. Smalley noted, the key,
as it is, is standard to planning and zoning matters.
Williams suggested, since time was not of the essence, the ordinance be set aside for
a work session with the Commission at a later time. Council agreed and requested
the matter be brought back to council at the October 1 meeting in order to set a work
session for the middle of October.
A short discussion followed to decide whether the ordinance should be failed or
brought back in October. Bannock suggested council should not assume the
ordinance would be largely altered. It was decided, a new ordinance should be
brought back through the whole process, i.e. introduction, second reading, public
hearing, etc. in order to insure advance notice to the public.
VOTE:
Bookey: No Swarner: No Moore: No
Measles: No Bannock: No Smalley: No
Williams: No
MOTION FAILED UNANIMOUSLY.
Smalley requested a note be sent to the Planning & Zoning Commission explaining
council's logic behind their decision to fail the ordinance and rework it. Smalley was
requested to work with Clerk Freas in developing the memorandum.
C-2. Ordinance No. 1754-97 - Amending Kenai Municipal Code
14.20.160(b)(6)[A) to Specify Allowed Building Coverage of Lots for
Townhouses in All City Zones.
C-2a. Remove from table.
MOTION:
KENAI CITY COUNCIL MEETING MINUTES
AUGUST 6, 1997
PAGE 11
Councilman Smalley MOVED to remove from the table Ordinance no. 1754-97 and
Councilman Bannock SECONDED the motion. There were no objections. SO
ORDERED.
It was suggested by Smalley, he ordinance be failed also, due to its relationship to the
failed Land Use Table ordinance. Williams agreed.
C-2b. Consideration of Ordinance.
VOTE:
Bookey: No Swarner: No Moore: No
Measles: No Bannock: No Smalley: No
Williams: No
MOTION FAILED UNANIMOUSLY.
ITEM D: COMMISSION/COMMITTEE REPORTS
D-1. Council on Aging - No report. A meeting will be held next month.
D-2. Airport Commission -
Councilman Measles reported the July minutes were in the packet. The August
meeting was scheduled for August 14.
D-3. Harbor Commission
Councilman Bookey reported the Commission would meet on August 11 and they
remained one member short. Williams asked how the council felt about including the
Harbor Commission with the planning for the mouth of the river and liaison work with
Fish & Game. He reminded council, they had once said that all issues dealing with
the river should be taken to the Commission. After a short discussion, it was agreed
the Commission is notified of discussions, etc. for their review.
D-4. Library Commission
Councilman Moore reported the Commission met briefly on August 5. The main
discussion was in regard to the public awareness of a future library addition and the
needs of the community.
Memorandum
Date: 10/03/97
To: Land Use Table Joint Work Session Participants
From: Robert C. Springer, Building Official �5
RE: LAND USE TABLE
The proposed Land Use Table is much more restrictive than the existing table. The
existing table has blank spaces which were interpreted as requiring a Conditional
Use Permit. The original intent of revising the Land Use Table was to fill in these
blank spaces in the table. In my opinion, it was not intended to disallow uses
previously allowed by conditional use.
If a "C" classification were used, the Commission could still deny a use they feel is
inappropriate. By using the "N" classification, the public is subjected to harsher
regulations which can only be changed by a new ordinance. Therefore, I would
suggest dropping the "N" classification and replacing it with the "C" classification.
Some of the consequences of adapting this new table would be: A four family
dwelling would not be allowed on a 40,000 square foot (1-acre) lot in an RR-1 zone.
A five or six family dwelling would not be allowed on a 40,000 square foot (1-acre) lot
in an RR zone.
I believe we all want responsible development in the City of Kenai. Not permitting
certain development without allowing the public any avenue for approval sends out
an anti -development signal and may be considered as a taking by the courts.
I am bringing this to your attention because I don't believe the public fully
understands the effect this ordinance will have on property or that anyone from the
public will be present to argue against these changes.
RS/mk
COUNCIL -
THE PLANNING & ZONING
AGENDA IS VERY SHORT.
PROBABILITY OF THEIR
MEETING BEING COMPLETED
BY 7:30 P.M. IS VERY
STRONG.
1791-1991
CITY OF KENAI .
-& Cgl(at 0� 4%4kd
--'---7
FjA,-X
-�
TO
FROM
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DELIVER
Council Packets to Police Department Dispatch desk.
The Clarion picks their packet usually on Mondays. The portion of the agenda published by the
Clarion is faxed before 5:00 p.m. Home Page documents (agenda, resolutions and ordinances for
public hearing) are faxed to Ed Sipple on Friday afternoon.