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Home My WebLink About1998-08-12 P&Z MinutesAGENDA CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS August 12,1998 - 7:00 p.m. http://www.ci.kenai.ak.us CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: July 8,1998 (July 22,1998 Info Only) d. 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. SCHEDULED PUBLIC COMMENT: 3. CONSIDERATION OF PLATS: a. PZ98-31-Preliminary Plat--NealSand Subdivision b. PZ98-35-Preliminary Plat--Etolin Subdivision -1998- Addition c. PZ98-38-Preliminary Plat-Wesbet Subdivision - Replat Number Two 4. PUBLIC HEARINGS: a. PZ98-34--Variance--Minimum Lot Area--For the property described as Five Irons Heights Subdivision which is located off Lawton Drive, Kenai, Alaska. Application submitted by City of Kenai, 210 Fidalgo, Suite 200, Kenai, Alaska. b. PZ98-37--Conditional Use Permit--Cabin Rentals--For the properties described as Lot 3, Block 8, Valhalla Heights Part #3, 4140 N. Dogwood Lane, Kenai, Alaska; Lot 4, Block 8, Valhalla Heights Part #3, 4150 N. Dogwood Lane, Kenai, Alaska; and Lot 1, James H. Cowan Estates, 1010 Angler Drive, Kenai, Alaska. Application submitted by Clinton A. Coligan, P.O. Box 4300 Soldotna, Alaska. c. PZ98-39--Conditional Use Permit--Assisted Living Home/Convalescent Care Home- -For the properties described as Lots 27 and 28, Block 7, Valhalla Heights Subdivision No. 3, 175 & 185 Phillips Drive, Kenai, Alaska. Application submitted by La Vonna S. James, 2425 Florida Avenue, Kenai, Alaska. 5. NEW BUSINESS: a. *PZ98-36--Home Occupation Permit--Photography Studio. Application submitted by Daniel W. Franklin, 328 Portlock Street (Lot 21, Block 2, Central Heights Subdivision, First Addition), Kenai, Alaska. b. KMC 14.20.150 -Conditional Use Permits--Discussion c. Lease Application -Lot 4, Block 1, Gusty Sub: Addn. #1 ~ 6. OLD BUSINESS: 7. CODE ENFORCEMENT: a. Triple T. Autobody b. 695 Sycamore Circle-Status Update c. Conditional Use Permit (Cowan)--Lots 4 & 5 Anglers Acres 8. REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: Approved " CITY OF KENAI PLANNING AND ZONING COMMISSION August 12, 1998 - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** Chairman Glick called the meeting to order at 7:00 p.m. 1. CALL TO ORDER: a. Roll Call Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord, Art Graveley Members Absent: Karen Mahurin Others Present: Councilman Hal Smalley, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper b. Agenda Approval GOECKE MOVED TO APPROVE THE AGENDA ADDING THE ITEMS PRESENTED PRIOR TO THE MEETING AND ASKED OF UNANIMOUS CONSENT. MOTION SECONDED BY BRYSON. AGENDA WA3 APPROVED WITH THE ADDITIONS. c. Approval of Minutes: July 8, 1998 GOECKE MOVED TO APPROVE THE MINUTES OF JULY 8, 1998 AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY WERNER-QUADE. MINUTES OF JULY 8, 1998 WERE APPROVED AS WRITTEN. d. 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 sequences on the agenda as part of the General Orders. Planning & Zoning Commission August 12, 1998 Page 1 Approved BRYSON MOVED TO APPROVE PZ98-36, CONSENT AGENDA ITEM. MOTION SECONDED BY GOECKE. Bryson asked staff if there was any comment received from the public regarding the item. Kebschull replied, nothing was received. VOTE BRYSON Yes WERNER-QUADE Yes GOECKE Yes NORD Yes MAHURIN Absent GRAVELEY Yes GLICK Yes Motion passed unanimously. 2. SCHEDULED PUBLIC COMMENT: -None 3. CONSIDERATION OF PLATS: a. b. PZ98-31 -- Preliminary Plat -- NealSand Subdivision BRYSON MOVED TO APPROVE PZ98-31 PER STAFF RECOMMENDATIONS. MOTION SECONDED BY GRAVELEY. Staff had nothing additional. VOTE WERNER-QUADE Yes GOECKE Yes NORD Yes MAHURIN Absent GRAVELEY Yes BRYSON Yes GLICK Yes Motion passed unanimously. PZ98-35 -- Preliminary Plat -- Etolin Subdivision -- 1998 Addition BRYSON MOVED TO APPROVE PZ98-35 PER STAFF RECOMMENDATIONS. MOTION SECONDED BY GOECKE. Kebschull pointed out that the plat had been reviewed by the Borough Commission since there was no quorum at the last meeting. VOTE Planning & Zoning Commission August 12, 1998 Page 2 GOECKE Yes MAHURIN Absent BRYSON Yes GLICK Yes Motion passed unanimously. NORD Yes GRAVELEY Yes WERNER-QUADE Yes Approved c. PZ98-38--Preliminary Plat--Wesbet Subdivision--Replat Number Two GRAVELEY MOVED TO APPROVE PZ98-38. MOTION SECONDED BY GOECKE. Staff had nothing additional. VOTE NORD Yes MAHURIN Absent GRAVELEY Yes BRYSON Yes WERNER-QUADE Yes GOECKE Yes GLICK Yes Motion passed unanimously. 4. PUBLIC HEARINGS: a. PZ98-34 -- Variance -- Minimum Lot Area--For the property described as Five Irons Heights Subdivision which is located off Lawton Drive, Kenai, Alaska. Application submitted by City of Kenai, 210 Fidalgo, Suite 200, Kenai, Alaska. GRAVELEY MOVED TO APPROVE PZ98-34. MOTION SECONDED BY GOECKE. Public hearing open -- Verbatim Begins Eunice Mulholland, Box 252, Kenai, Alaska 99611 - I live across the street from where you want to put the Five Iron Subdivision. When the golf course was put in Mr. Williams said that part of land would never been touched...that that would be left for the.... the difference between the ah... golf course and the people that live on Lawton. Now you want to make it into small plots where you could put up tri-plexes, duplexes, anything that....that goes. We don't want duplexes and tri-plexes down there. You can't keep the kids of the street that live down on Candlelight that have the tri-plexes and duplexes right on the highway. We cannot controln... control the speed. The people drive by there 100 mile an Planning & Zoning Commission August 12, 1998 Page 3 Approved hour day and night. Webe called the police many, many times over to tell em' they're using this as a drag strip. If you put these in down there we're going to have some problems. There's going to be children that's going to be run over, it's going to be a mess and I have also a list of names of people in that area, signatures and...and letters. We do not want this subdivision. We do not want it rezoned. Glick: You say you have a list of names there? Mulholland: Yes, I do Sir. Glick: Okay, would you write your name and address on the paper up there too please. Mulholland: Yes, I will. Glick: Okay, thank you. Bryson: Mr. Chair, I have a couple questions. Glick: Ah, yes, there's a question here for you Ma'am. Bryson: Our hearing ah...tonight is for a variance request, it is part of that subdivision, and....you have no comment on the variance you are opposed to the subdivision period. Mulholland: Well, we really don't want this subdivision at all and we don't want that size of lots down there with duplexes and tri-plexes stacked on top of each other and no place for the kids to play. They're not going to play on the golf course. There's not going to be a place for the kids to play, theyll be out there in the middle of the street. The other day there was two little kids on a bicycle, on their right side of the road, got run off by a speeding car which happens constantly, down this street, back and forth, back and forth. The golf club, the course was a good thing. Everyone enjoys that but to try to put housing in there for families if ridiculous. Bryson: On the side of the house, I....I.... I assume you ah... have ah...ah...lot on the ah... north side of that ah....of Lawton. Ah....that is able to be developed ah...to ah... the multi-plex ah... level that you are speaking ah.... you...you don't want the other side developed is...is..is.. Mulholland: We don't want the across.... between the golf course and Lawton. We don't want that developed, No. Planning & Zoning Commission August 12, 1998 Page 4 Approved Glick: All right„ is there anyone else in the public wishing to speak to this item? Thank you Ma'am. Steve Wendt, 102 Candlelight, Kenai, Alaska - Ah... I would like to hear from applicant ah...their reasons, you know, for requesting a variance. Glick: That's the City of Kenai, Marilyn would you like to... Kebschull: This lot ah....these lots were subdivided by the City and the subdivision already exists. At the time that the subdivision was ah... the land was subdivided um...it was overlooked that the lot sizes did not fit the zone. We're in a recreation zone which requires 20,000 square foot for each lot. What they did when they made the subdivision was they built the lots size to match the water and sewer....um stub-outs that exist along there and um... it was just an oversight on...on...our part, the Borough's part, everyone's part. The subdivision, so, as we talk about development, the subdivision has already been approved, is already platted, it does exist. When the City realized that mistake they had two choices, they either come back in and ask for a variance for minimum lot size which in a recreation zone is 20,000 sq. ft. or they could ask for a rezone. To rezone it to um... another zone which would allow less square footage, such as surburan residential, which is only 7.200 sq. ft. per lot. The...the recreation zone, just to clarify it at this time, does allow up to three family dwellings on any lot in that zone, so we're not asking for... to change the use of the zone, we're only asking to change the lot size in the zone. Wendt: I... I would be, you know, I....ah...defer to you to represent me and ah... I would think that you'd want to question them, my....my specific questions to the town then are, you know, according to your own regulations, you're saying that ah....you know, special conditions or circumstances much....must be present. What are those? Have....have you been satisfied with ah...that answer? I don't see any special circumstances. That's what I'm asking you, you know...explain to me special circumstance. I don't see any. It says that ah...you know... the... the special ci....conditions are circumstances have not been caused by the actions of the applicant. I would say to you, she just told us, whatever special conditions she's pointing out were caused by the applicant, and so, I would like for you to, you know, uphold your own rules and regulations and deny the variance because I find no special condition. Planning & Zoning Commission August 12, 1998 Page 5 Approved ~ Glick: Mr. Smalley? Smalley: Yeah, ah...on behalf of the City Council, one of the things that we talked about was the possibility of having this ah...piece of land...these....these lots rezoned. Under the rezone they would come in to a ca....classification that would allow the lot sizes to go down to 7,200 sq. ft. ah...right now the smallest lot size is....ah... 15,251, the largest is 21,112. Ah... the average is probably in excess of 16,000. In Council's discussion, ah... they looked at Block 1, which is the first six lots, basically if you look at ah...Lawton Street from Linwood through Candlelight, those lots there, there's six of them. The discussion, it centered around, with attaching covenants to the lots allowing no more than ah... two living dwellings, whether it be a townhouse style or duplex style on those lots. On ah.... the second block, ah... between Candlelight and the clubhouse or Hole 10, those lots, those seven lots, which are the largest of the lots, no more than single family dwellings. Ah.... and if those covenants would remain attached until the lots were sold, developed and the property owner's wish to do otherwise. Ah...they felt that that was probably in the best interest. The City has had a lot of requests over the years to get these lots up for sale and build on them...ah...because again the prime location on the golf course. Ah...and...and that probably what's.... what's prompting ah... the City into, you know, further looking into the development of these lots and so on. And again, it was....it was an oversight by the Borough and by the City as far as the recreational zone because the zone that...the consideration was based on the water and sewer and stub to the properties...ah...I personally would prefer to see it 15,000 plus square foot lot versus a 7,200 square foot lot. Ah... I....I live on that street as well, I (chuckle) I'm very, very familiar with the traffic that goes up and down especially the one last night about 11 o'clock. Ah...I...I think with increase in ah... building in there you are going to find ah...probably more supervision by the police department. I can't guarantee that but I think that's just going to come automatically... ah... I guess... I.... I'd leave it at that but.... the Council was concerned and...and that's why they put...they want those covenants attached to those lots... ah... Wendt: I guess my response would be ah...I... I believe that the reason that it was zoned recreational is for one very simple reason and that's, it is recreation and the town ah...has encouraged that, they built a golf course there, they developed some ski and...and snowmobile or ski trails in there that they groom with the snowmobiles and ah... it's ah... area where ah... people jog and run and walk their dogs and the high school, you know, uses it extensively, and ah... if you were coming and saying ah...to me, we have ah... 10 lots here and 2 or 3 of em' are less than Planning & Zoning Commission August 12, 1998 Page 6 Approved 20,000, you know, they're 17, 18, I'd say, hey, that's...that's fair... you know, ah...that ah... you know, would be something I could see as...as a special circumstance, you know...you...you cut this up as...as well as you can and you end up with a couple small ones, okay, you know... but I....I really think that ah...you know that recreation means recreation and if you ah... like you and I, live there, you know how much use that gets and if the town is considering putting 75,000 sq. ft. lots, they're really out of touch... ah... you know, it's... it needs to be ah... recreational area where the....the population or the density is low. That's the reason that you put that ah...you know that limit on that...that zone, is to keep, you know the population density low for the...the ah...experience, the ah... the visual affect, of the golf course and I really wonder, you know, are we interested in ah.... just selling some more lots or um...are we, you know, interested in protecting more, you know, than ah... just that little, you know, short term investment or profit that we make of that. The golf course, you know, is a... is a key asset of this community and ah... I think that you should spend a lot of time and think hard, you know, before you change, you know, the...the surroundings and, you know, really ah...build it up. I think, you know, a lot better choice would be to stay with the recreational, come back in, ah...you know, re-survey to, as close to 20,000 as you can ah... and ah...if you're talking about ah...you know, a re-survey and some plot plans and ah...some sewer that's, you know, stub in, for sewer and water, that's pretty minor expense and I think it was and...and should be ah... attributed to the applicants. They're the people who did a survey, they're the people who ah... put the water and sewer in and who stubbed it in, they're responsible, you know, that's right here in your...in your regulations, you know, if they caused, you know, they've caused these special conditions, if there are any special conditions, so, ah... you know, I would ah... I guess I'd close with saying, you know, that I only see 1 of your 13 that meets....13 ah... lots that meets your ah... specification. Ah...you know, like I said, I would, I could support you...if, you know, 8 out of 10, or something like that that met that minimum recommendation, so....I appreciate your time. Glick: Thanks, any questions. Bryson: Question, ah...now ah....you know your idea of what a recreational zone is may be different that what the City's defined it as, ah... Wendt: Okay Planning & Zoning Commission August 12, 1998 Page 7 Approved Bryson: This....this recreation zone allows ah...commercial recreation development also and you know, one component of that might be ah...ah...ah...ah... apitch and putt type operation, it might be ah...a.. or vehicle racing facility, all those would be conforming to a resident...that recreation zone. Wendt: You're right, to...to... quickly answer your question. I don't know and... and...maybe Mr. Smalley is telling me something that I don't understand but he...he may be correct, he maybe rec.... representing me quite well, I don't know, I don't know what that, ah...you know, the changes would be. All I can go by is your letter and it concerns me, you know, so, that's why I say to begin with, to start this off, I'm dependent on you, you know, to follow these laws that you laid down and to represent me, ah... you know, I depend you to do that, so...I would defer to you and say you're right, I....I...could be setting myself up (chuckle) I don't know... Glick: Okay, any other questions? All right„ thank you very much, we appreciate your input. Wendt: Thank you. Glick: Is there anyone else in the public wishing to speak to the...Yes sir? Dale Vieker (spelling) - I built most of Candlelight back in 1960...I think it was 61, I got my home site and I'm against all this development coming because you're taking out trees and the snow blows in there terrible now. It never used to blow in there at all cause there was no road, Candlelight dead end with my place but now the golf course is there, I...I'm quite happy with the golf course but the wind comes in terribly from the the inlet side and blows down there and there~l never be any trees to grow back in my lifetime to stop that snow and if you take out more trees we're definitely going to have almost like that road could block from wind and I would like to see em' continue that road down and out past the schools so maybe half the traffic could go that way and ah...get the speeders off there. I think most of them guys that come from the golf course drive like they hit the golf ball, pretty damn fast. Ike called the police many times, I give up on that, and the kids on Candlelight there, I think that the City must have went back many, many years when they put them little undersized parkings there with no room for kids, no...no playgrounds and barely room to park and kids come coasting down from them things out on to the road on them tricycles, I've just about run over kids which you can't see em' comin, Planning & Zoning Commission August 12, 1998 Page 8 Approved ! come out from between them cars. I've had kids come at me with them three wheelers and have the one front wheel off the ground playing chicken with me and I...I stopped because ah...they....kids, some of em, just ain't got it and of course I'm not against ah...you know, children or, I would like to see ern' have a nice to play, safe place and be supervised. And what else, I don't know, ah... maybe we better have a stop light there, maybe that would stop, I've counted 20 people going through there in 10 minutes without stopping, and if you was going to write a ticket for everybody that didn't stop there it would be over 1,000. So, I guess I spoke my piece and I....I guess Ill never have it quiet again in my life. Glick: Okay, thank you, we appreciate your comments. Anyone else in the public wishing to speak to this item? Seeing none, well bring it back to the Commissioners. Discussion: Goecke: Mr. Chairman? Glick: Mr. Goecke? Goecke: I....I have two things, first, the...the lot size is, to me, a little bit misleading in that in a normal subdivision you have lots back to back. Here, and that is kind of, to me, how this ah... lot size was ah... kind of built...set up to be determined ah.. because of that. Ah..here on the ah... what I'm going to call, the backside of the lot, there is...is nothing, will never be anything but open space because it's directly back on to then the golf course. So, to me the ah... the lot size is ah... yeah, it's a requirement and we need to um... to...maybe correct it ah.. at least with ah....a variance here this evening and ah....but because of the wide open on the backside, I have absolutely have no problem with ah...approving the variance, however, I would like to, and I'm not sure that I can, but um.... have those lots be sold strictly for single family units, no duplexes, no tri-plexes, just single family dwellings, and ah... Glick: Is that an amendment? Goecke: I would propose that as an amendment, yes. Glick: Okay, do we have a second for that amendment? Single family homes only on the lots. Bryson: For a second discussion I'd like to second the Motion ah... I would also like to request that Mr. Smalley to report on the last Council meeting at this time. Planning & Zoning Commission August 12, 1998 Page 9 Approved Glick: Okay Smalley: At the last Council meeting when the discussion came up and... and again I will repeat some the.... the.... information I mentioned to Mr. Wendt. Council discussed the fact....the history of it goes a long way back, originally the City didn't believe that those lots in there were part of that recreational zone, we never...never even dreamed of it. We just all along knew that eventually that those would be residential lots and of course over the years we found out in discussions with the Bureau of Recreation ah... that they determined that they were zoned that and that they were subject to only specific kinds of development and so on. Council had two discussions, do we want to rezone this parcel or these two...of this...two lots...two blocks or do we want to try to request a variance, a modification of a regulation and that's where the discussion went around. Then the second major discussion dealt with the development of those lots and what type of development ah... do we want commercial entities in there, No. For a duplex to be built on Block 1, which is Linwood to Candlelight, those 6 lots, duplex or townhouse portion, it would require a conditional use permit ah... and...and...and it's maximum to that. On the second block, which are lots 7 through 13, 6 to 13, excuse me, 7 through 13, ah... Candlelight to basically Ten Hole, or Hole Ten, ah., those were single family. I encouraged the. Council to look at them as all single family dwellings ah... just because they're prime lots on the golf course, ah...granted a rezone they could be much smaller lots, there would be a lot more lots available, I really didn't want to see smaller lots in that area, ah... I think it enhances the development, if you're looking potentially at a home probably in the neighborhood of 200,000 plus thousand dollars would probably be developed to build on these 13 lots. Ah... we went around and had lots of discussion as far as what the type of development and what the Council basically came up and recommended was that no more than duplex or townhouse type with conditional use permit on the first block, the first 6 lots and then of course the single lots thereafter. That parcel of land further down past the golf course would be left in a single unit and so does the block. The possibility of multi-family type development, tri-plexes, etc., could go down there because of the fact that there's nothing....nothing there, I...I mean it's land at this point in time. Ah...and that's primarily where...what Council did with it. We really opposed the rezone, we didn't' ah... feel we wanted to go through that process as far as looking at the possibility of more lots again, ah... and the whole thing started when the City felt when the road went through there we just knew that those were going to be residential lots and that's why the stubs were figured out the way they were, water and sewer. Planning & Zoning Commission August 12, 1998 Page 10 Approved Many years after that's when we found out that it was classified differently, ah...since the City is the owner the City could again petition for a rezone...I mean it's 100% of the ownership so all you need is 51%. Ah...we just felt that...that we didn't really want to do that, that we felt that we could ah...provide an opportunity there for the City...ah...to have some nice size lots with some nice development and...and...and I....again I personally support single family units, I mean that's my own personal bias, um...I guess that's the history. Glick: Mr. Goecke? Goecke: Mr. Smalley, ah...if...if then my amendment should ah...pass, what....what would ah....Council ah.... think of that, I mean from discussion last Wednesday night. Smalley: (Laugh) It would cause lengthy debate, ah... and probably ah..again the...the rethinking, especially in light of the fact that we did have some testimony tonight of why...why people are in opposition to development there. And...and..and I think...I think Council basically would make the decision that...that is...that they perceive is in the best interest of the City and...and...and I....there would be some discussion and...and...I would hope movement but I...I cant' tell you there would be. I...I think that the public testimony and..and...and ah... the folks even perhaps coming to that Council meeting would be beneficial. Glick: Okay, any more discussion? Bryson: Yes, several things, ah...I would like to mention ah....present development requirements for ah...adjacent ah...property, I.... such as across the street in the private area, ah...it...it...the area is zoned rural residential and it allows up ah.... 7 or more family dwellings dependent on the size of the parcel or tract. Ah....ah....and I understand how people can be concerned about it but I... I feel the...the City is ah...making an effort to keep the ah...the density down by ah... what they propose both...both at the Council and as part of the ordinance... or the variance. I will be voting in favor of the variance and the amendment. Glick: Anymore discussion? Okay we're going to vote on the amendment. Amendment is single family dwellings only. VOTE -Amendment GRAVELEY Yes BRYSON Yes Planning & Zoning Commission August 12, 1998 Page 11 WERNER-QUADE Yes GOECKE Yes NORD Yes MAIIURIN Absent GLICK Yes Amendment passed unanimously. VOTE -Main Motion as amended BRYSON Yes GOECKE Yes MAHURIN Absent GLICK Yes WERNER-QUADE Yes NORD Yes GRAVELEY Yes Motion passed unanimously. Approved Glick: Now you have your work cut out for you Mr. Councilman. Werner-Quade: I just wanted to have a comment to this fellow who came here meeting who doesn't think that he has many, many more years to live. Sir, the one there that...that, (gentlemen dozing) yeah, Ah... I had just a comment for you that you...you didn't think that you have very many more years to live and...that you wouldn't have trees. You know, if you just put a couple spruce trees they'll be really big in about 8 years, really, really big, so, I hope that you have eight years and could put a few of those little spruce trees, they really grow big in about 8 years. Vieker: I didn't say that I had a few years to live I meant that I would never see it quiet again. Werner-Quade: Okay (laughter) Smalley: Mr.... Mr... Chair, may I make one more comment? Glick: Yes Smalley: Being a resident that lives over there I too am really concerned about the traffic. I'm concerned about the development and anytime you hear those vehicles ripping up and down that road, please call the police and report it. I mean, that's probably one of the ways that we... we're going to get more attention over there, just...I mean, they~l get there when we....they can but ah... I just really encourage that. Mulholland (from the audience): We have called... Planning & Zoning Commission August 12, 1998 Page 12 Approved Smalley: Yeah, Mulholland: morning, noon and night and (illegible)....once in awhile... maybe once a day sometimes, I~1 see a policeman go by or maybe they go on through and I'm out in my yard... Another gentlemen commented from the audience which was illegible - two or three individuals began talking at the same time. Smalley: Well, again, depending on the number of calls that they get in maybe something can be done, is...is... that's all we can do. Thank you Mr. Glick. Glick: All right... Verbatim Ends. b. PZ98-37 -- Conditional Use Permit -- Cabin Rentals -- For the properties described as Lot 3, Block 8, Valhalla Heights part #3, 4140 N. Dogwood Lane, Kenai, Alaska; Lot 4, Block 8, Valhalla Heights Part #3, 4140 N. Dogwood Lane, Kenai, Alaska; and Lot 1, James H. Cowan Estates, 1010 Angler Drive, Kenai, Alaska. Application submitted by Clinton A. Coligan, P.O. Box 4300, Soldotna, Alaska. GRAVELEY MOVED TO APPROVE PZ98-37. MOTION SECONDED BY GOECKE. Public Hearing open -Verbatim begins: Jim Richardson, 1015 Angler Drive, Kenai, Alaska. Mr. Chairman, ah... Commission members my name is Jim Richardson, I'm... ah...property owner at ah....1015 Angler Drive ah.., just directly across the street from the ah...site on ah.... 1010 Angler Drive and I'm limiting my comments to that parcel. Um....ah... speaking against the proposed conditional use permit. I sent a letter to the Commission members dated August 5, I hope you got that and had a chance to take a look at it. There's several issues that I want to ah... bring up to you. Um.... I guess perhaps most importantly that this should not be viewed, this application should not be viewed separately from the Beaver Creek Lodge. As noted in my letter to you, as advertising, ah...the property owner and this applicant is ah... ah... Clint Coligan ah... aka Capt. Bligh, he does business as ah..ah... Capt. Bligh's Beaver Creek Lodge. Planning & Zoning Commission August 12, 1998 Page 13 Approved Ah... it's noted in advertising and elsewhere that this is Capt. Bligh's ah... Beaver Creek Lodge and Guide Service ah... another example on the ah... ah.... Clark's Kenai River guide permit, um... Clint Coligan has 4 boats registered to Beaver Creek Lodge and Guide Service. Um... I have problems on it's own with that respect to that property as it relates to zoning ordinances for the City of Kenai that I noted in my letter. Basically, the issue, I believe, is the same on that the Council...the Planning and Zoning Commission dealt with in July of 1995. At that time the property owner for Beaver Creek Lodge came in to the Planning and Zoning Commission asking for a conditional use permit to expand the activities and development. Ah...there was ah... a great deal of public comment and discussion and the Planning and Zoning turned that application down based on concerns over disturbance, traffic patterns, water quality issues and parking. This is basically a different owner but the same problem and that ah... the fact that ah... it's ah... different property owner ah... it creates a little bit of a misunderstanding but it shouldn't change the ah... issue. With respect to the issue of conditional use ah... permits, um... ah.. when I bought my property in 1989 I did understand ah... that it was the...the ah.....the idea was to encourage reasonable economic activity on peoples property. In this case we don't really have any residents, there's just a business ah.. being across the street from this property, I could...ah...if this approved...I could look forward to ah... un...ah...unadvised or unsupervised visitors wandering on to my property as they go back and forth. I believe that this would be just part and parcel of the activities of the Beaver Creek Lodge ah... located across the street and down two lots. I would like to address a little bit, just the concept of economic development. Is this good for the City of Kenai? Um...I guess with...the lots along there are not suitable for high density recreational development, they're all long and narrow, about 100' wide, you can't really have activities without affecting your neighbors and we certainly feel that. Secondly, there's no City sewer in the area and the commercial use ah... setbacks can't be ah.. be reached or maintained. Ah...gradually what you get is ah.... diminished character of the neighborhood where the parking lots get bigger and you end up with a gravel parking lot and a building and we're getting that direction for some of the ah...activities in the area. This really should be one of the best and...and...and nicest subdivisions in...in...Kenai and it could be but ah...it's headed in a different direction. Planning & Zoning Commission August 12, 1998 Page 14 Approved ! In...in viewing this as an economic benefit to Kenai in terms of employment, I guess I would like to speak to that. This is what I do for a living, I'm a research economist, I...I focus on this type of activity. I wrote the economics chapter for the Soldotna Chamber....for the Soldotna ah...Comp Plan, I recently completed things like a sector review for the City of Ketchikan and about 3 years ago I did a talk with the Planning and Zoning Commission for the Kenai Peninsula Borough dealing iwth the concept of...of recreation and I...ah...I guess one of the things I'd like to do is offer to come in and talk some time and...and...make ah... do a workshop session and talk about some of those issues, but basically there's ah...ah... quality price relationship for what people are willing to pay to recreate. Um... the more that you look like Wasilla the less people are willing to pay. Ah...then....in... if you live in Wasilla and you can...you can get out and go and....on...on the river and fish for $49.00 if you go to Bristol Bay it cost $7,000 a week. There's a reason for that. Ah...a doctor looks at a prime directive of first do no harm and don't lose what you have and I guess looking at incremental development one thing that I would urge is that know a little bit about the industry that we're talking about, there's a lot of things going on with recreation on the Kenai River. I spent 6 years on the Kenai River ah....ah.... special management board listening to what people have in mind for the river. Ah...for example, there is big changes, f anybody that got out in the river knows a little bit about changes and resource abundance patterns. There's ah... changes in...in...coming in management in terms of ah... guided activities and basically the issue that I would look at is do we really need a bigger guide...one more bigger guide business on the Kenai. Ah...if this business fails the community is...is... the one that pays. Um... I guess in summary I...I ask that you deny the application um.... ah....and also completes ah.... In a separate letter I asked for a review of the Beaver Creek Lodge 1988 conditional use permit and I'd like to make two offers ah... to the Commission members. One is ah...I'd be available as a resource to come in and talk with you in a workshop environment or however you might want to do it about recreation ah... as an economic activity. And secondly, um... I meant to do this after the 1995 ah... presentation ah... Councilman Smalley ah..noted that it appeared as if we had some violations of the conditional use permits, specifically for Beaver Creek Lodge but other areas and I meant to follow through and offer to ah....to take people on ah...on ah... tour of the area and I didn't get around to it but I would like to do that if ah....the Commission as a whole or individual members would like to come and take a look at the area, get to be a little bit more familiar iwth some of the things that are going on. I would certainly ah... like to make time and...and help you do that. Planning & Zoning Commission August 12, 1998 Page 15 ~~ Approved Ah...with that, I ah...thank you for the opportunity to address you and would open it for any questions that you might have. Glick: Are there any questions of Mr. Richardson? If not, thank you Sir, appreciate it. Is there anyone else in the public wishing to speak to PZ98-37? Clinton Coligan, P.O. Box 4300, Soldotna, Alaska - my name is Clinton Coligan, my wife Dody and we have leased...lease being a key word here for Mr. Cowan who is the original owner of Beaver Creek Lodge since 1986. We have taken on an entire lease from 1988. From this time forward we have done nothing but increase and improve conditions on Beaver Creek, I think of which these gentlemen would agree wholeheartedly and I would back up with the photographs I've brought iwth me to show you from past to present. As far as ample space on the parking, we...he described our lot....he has a single lot, we have 2 and 3/4 lots which is almost 3 times more parking area, more parking space. As far as increase of boat traffic, reading this letter where he makes mention of 5 guided efforts, I have not 5 guided efforts, never have had 5 guided efforts from Beaver Creek Lodge and actually this year I have decreased and have proof here from my insurance company where I have reduced my...my fleet to 1 single full-time guide, 3 part- time guides, of which my 3 part-time guides all live totally removed away from the Lodge, in most cases 2, Larry Wedin lives on Mile 10 on Funny River Road. The boat, the one boat is kept at home and not even used on the Kenai, obviously because it's closer to the Kasilof from Funny River Road than it is from my residence. The other boat is a drift boat which is occasionally left on my lot as it's convenient to come where they driver, in this case, lives at my residence at Longmere Lake, and commutes back and forth via Beaver Loop Road to take Kalifornsky to reach Kasilof and does on... very much on occasion stop to pick the boat up out of the yard before continuing to greet the people. As far as the statement here in this ah....accusation of 5 guided boats, I have never had 5 guided boats at Beaver Creek Lodge in my entire life, at any given time. There are, right at this present time, 4 boats sitting in the water which he fails to describe that we have conditional use permits for two docks, each dock require....will accommodate three boats. One boat belongs to Mr. Cowan who comes approximately 3 times a year for 10 to 12 days, and at that time only upon his arrival does that boat get put in the water at his dock and stays sitting. It rarely gets used but it's there. My dock, the dock that I use for my particular own guiding activities has two boats, two full time boats, guide boats, of which one is used by ah... purely by ah...part-time guide, a Mr. Will Thayer who is a Planning & Zoning Commission August 12, 1998 Page 16 Approved ! neighbor on Angler Drive, living approximately 9 to 10 driveways below us, who sometimes walks down to my lot to use the boat, sometimes brings his truck down, all of which is irrelevant to the use that the boats get. Bottom line is we have one full time guide operating from Beaver Creek Lodge with one power boat, two power boats in the water which I would like to compliment by showing you the photos taken as recently as yesterday, of the boats and the boat situation as they have seen it throughout the entire season. There's never been 5 guides working out of Beaver Creek Lodge in its history or never anything close. As far as ah... addressing other issues, ah... this thing all seems to have gotten turned around and redirected towards the...my application for a variance for a cabin. I have applied for a cabin because that was expanded my business but not towards the Kenai River and not directing towards guiding on the Kenai River which is we all know is a thing of the past. My business has expanded by directing my business in other directions such as halibut fishing, fly-outs, sightseeing, tours, etc., etc., I do have a requirement for and have had a use for more accommodations. Istarted by building two and I will use the term loosely, cabins, they are extremely, extremely nice, 8" log homes as I would show you also with the photos here at a cost of approximately $80,000 a piece. I also accompany photos of this gentleman's cabin which sits approximately 680 feet from mine through the trees where it is virtually unattainable for him to see my operation or for me to see him. I cannot see him, he cannot see me. In between this sits a property of these two folks, that we accommodated them at a cost of $7,100 two years ago when Mr. Cowan requested an addition to be built on Beaver Creek Lodge property to...to accommodate his personal family. At that time we were approached by Ralph and Marilyn and said they would not contest if we, at our cost, would install a 6' high feeder...cedar fence completely enclosing the property, which we have obligated and did. So now, I would not know from one day to the next if they were on their property or not, unless I went and peeked through the knot hole. As far as parking in the area, I think I would welcome, I would absolutely...it would thrill me to take each and every one of you over there and walk you through Beaver Creek Lodge and show you and operation that I would like to think is probably the nicest operation on the entire Kenai River. As far as increase of traffic or business, if you would check the quarterly statements from this year, my revenue from this year from last year was down approximately 38%. If that indicates an increase of business I would sure like to know what the heck I'm doing wrong. Planning & Zoning Commission August 12, 1998 Page 17 Approved And now this third cabin in question which is across the street, which I would like to present these pictures...is not only, does it not sit across the street from this gentlemen's driveway, it sits much further down the road past his place. On Angler Drive, when you make the corner....the corner, an abrupt 90, which is the corner where I built this cabin, from that point to the end of the street, a distance of approximately 1,380 feet, there are 31 driveways, of which I have listed, and I just...lis....listed them briefly, there are approximately 12 to 13 other businesses doing exactly what I'm doing. In most cases, using multiple boats, many more boats that I am, I have no idea, I don't concern myself but I assume that most of them are bed and breakfasts, but there are 13 of them. I am the third driveway around the corner. How can this man make a statement that my business, the third one around the corner from the upper end, is causing the traffic that he's seeing when that same amount of traffic must be going through those other 13 businesses, all located on down past me. And in evidence I offer these photos taken yesterday, I would like you to look at them please. That's the first cabin (showing Werner-Quade the photos) I built, it's these two cabins become totally irrelevant because they're located 2 miles...2.7 miles down the road from Beaver Creek Lodge, it has nothing to do with Beaver Creek Lodge except to house guests that I book, which in turn yes, I may take them fishing, I may taking them flying, I may send them halibut fishing, or may take them sightseeing... Werner-Quade: Is this on Angler or on Dogwood? Coligan: This is on Dogwood, which is 2.7 miles away from the exact, physical location, this man has confessed... Werner-Quade: Okay, do you have some photos in here, black and white photos... Coligan: Those are the photos Werner-Quade: These are Dogwood cabins? Coligan: These are the Dogwood cabins, this is the first cabin I built 3 years ago, this is the second cabin built one year ago and 2 months, I assure you they are absolutely very nice, very plush cabins, they are also on 4 acres of private property, no neighbors, you see no neighbors, you see nobody...nobody around us. This is the interiors, this is the cabin that we are requesting, this is the cabin that Planning & Zoning Commission August 12, 1998 Page 18 Approved Werner-Quade: This is on Angler? Coligan: This....exactly.... exactly, across the street from these gentlemen's driveways. This....is immediately across the street but not from Mr. Richardson's driveway, not next to him but closer to the actual driveway leading into my lots, see as far as the question of people walking across this property, why would they walk through swamp when they could walk out the driveway, turn 4 yards, walk down the road and down my driveway. Bryson: Let's get back in the issue.... Graveley: Mr. Chairman? Glick: 0....okay, if that's all, we'll look at the pictures here, are there any... Coligan: I would like to address some other questions too, I mean, if I can... I'm taking time, I understand but I'm very upset by this. I have not got time at this time of year to be dealing with.... this is ridiculous. The two times I've met this gentlemen in the past I was.... Bryson: Sir, I'd....I'd like to keep it to the subject at hand which is ah... specific to the petition... Coligan: It might pertain a lot to the reason that I'm here in the first place if I give the opportunity or be given that opportunity to explain how I come to met this gentlemen. Glick: Well, I don't think that's pertinent. You have to tell us the reasons you want this, hasn't got anything to do with what he said or what somebody else says. Coligan: You'll see photos there the boats as they sat all season that are parked at our dock, two guide boats. The photo that shows the small boat, that's a 12' duck boat that he's used like twice a year. My wife and I used it to go dip red salmon for two nights. It, unfortunately, is still sitting at the dock but is definitely used as a guide boat. And my part- time guide in the other power boat went exactly 9 times this year. Nord: Mr. Chairman? Glick: Okay, I think... we"ve Planning & Zoning Commission August 12, 1998 Page 19 Approved ~ Coligan: Ah... thank you very much -- I might also offer proof from the insurance here of the number of licensed guides that work for us, 1 is full-time and 3 are part-time. Glick: Okay, is there anybody else in the audience wishing to speak to this item? Yes, Ma'am. Dolores Coligan, P.O. Box 4300, 3oldotna, Alaska -Yes, my name is Dolores Coligan and um... I would just like to add that, on top of all of this, we are talking less than 4 months out of the year, that's it, less than four month. Clinton Coligan: Three months! Dolores Coligan: We don't even get started until May 15, it doesn't get into the swing of things until June and it is, as of this Friday, Clinton Coligan: It's over Dolores Coligan: Over, that's all the time there is, 3 months, that's what we're talking about. Glick: You're talking about the conditional use for these buildings, is that all the use... D. Coligan: That's it... 3 months. C. Coligan: Exactly, I'm going to put these buildings up for permanent rental effective tomorrow morning in the Anchorage newspaper... D. Coligan: that's all it is, 3 mo.... C. Coligan: in the Clarion paper, we're out of business at this point. I might have a trickle of 4 or 5 other persons between now and the end of the month. I even brought a schedule if you care to see it. We've booked a grand total in the month of August of something like 41 people totally. Now, does that constitute a great amount of traffic, or does that not have anything to do with the 14 other lodges below us. Glick: Okay, Ma'am, you wish to speak also? Marilyn Johnson, 1025 Angler Drive, Kenai, Alaska -Thank you for allowing me to speak, my name is Marilyn Johnson. I live at 1025 Angler Drive. As Clint says I'm probably the closest driveway across from Planning & Zoning Commission August 12, 1998 Page 20 Approved the ah...new cabin that's going in. Um....I guess I really want to really primarily talk about the whole issue of...of planing and zoning and what zoning really means to a property buyer. Ah... I'm a retired University professor. When we decided that we were going to be able to retire about 10 years ago, well a little more than 10 years ago, we started planning for that future and we did so first my looking at the recreational equipment....or recreational property we owned at the time, and that included all the things we thought we wanted. It's a beautiful lake with swans on it, loons, beavers, (illegible) and so on, but is was in the Mat-Su Borough and as we checked around with what was going to happen to the Mat-Su Borough in the future we soon found out that there were less than no guarantees (chuckle) for how zoning was going to take place when they started working that direction; and we simply didn't want to put ourselves in the position of moving some place and living in an area that was going to change drastically from what we had proposed as our original move. So, we started looking for property, we came down here and...and..started in Homer and went through a variety of sources to look at property that we thought would in fact be rural residential and offers us the things that we have had on the Mat-Su property as well. We ended up on the Kenai, we ended up on Anger Drive, we absolutely love it there. Wezve been there 10 years now, we have a log cabin, we have some out buildings that we've developed over time. For us it's our little paradise but I think one of the problems is, is you go in with what you think is a guarantee, that is going to stay somewhat like it was planned because that's what the zoning says. Rural residential has some specifications that we thought we could live with. We knew that the Lodge was next door, we knew the Cooks that built it originally, so we knew what that property was, we knew how this was all divided up from the Ames property originally, we had contacts in the area. We still thought we could live with it. What's happened and while I've been here, I think this is maybe three, maybe four times in the last, however many years we've lived, the 10 years we've lived here, is it seems like zoning in this area happens on a defacto basis. You know, if somebody doesn't get on it and get alert, the zoning may change so that you have an RV park next to you, that was proposed at one point. Or, that you have ah....a gravel pit, that was proposed at one point. Or, that you just have great increases in the size of.., of various commercial operations. Commercialism up and down Angler Drive is estranged a lot since were moved there 10 years ago. We're not opposed to all of it, some of it is very tastefully done. We're not saying that Clint's isn't nicely done, that's really not the issue but by putting something in back of us now, Clint's on one side of us and he's in back of us, that's half away around. You can't go any further, there's a lot...but you know, saving grace but that really puts us in the middle of commercialization Planning & Zoning Commission August 12, 1998 Page 21 Approved ' and we didn't buy our property with that in mind. We didn't pay our taxes with that in mind. I just think there ought to be some kind of...of promise to people if their willing to invest in the city. We picked this city because we really like it, and all American city, we like the library, we like the arts here, we like the tennis courts here, and we use it all but we don't want to live every year wondering, now what are they going to ask for next and how is this going to change. It is going to increase traffic, that corner is of....is an oddball corner, it's a right angle turn that's very sharp, Clint's cut a driveway like this through it. There's going to be two exits out of that corner now and people buzz around that corner. Think there's not going to be an accident there? It's not going to be Clint's fault, it's not going to be anybody's fault, it's just the problem with trying to change that much and as fast as it's all happened. I hope yowl turn it down. I'd hate to see change that much more and I also pick up on what Jim said, I really wish you would come down and look at Angler Drive. I think it's a wonderful area. I don't want it to look like some of the Soldotna developments along the river. I don't think there's any reason for it to but it's really moving that way and it's moving a lot faster than we ever thought it would. Thank you for your time. Are there any questions? Glick: Thank you C. Coligan: Can I ask you a question? Johnson: Sure...sure... C. Coligan: Actual measurements from Angler Drive to the physical location of this lady's ah.... cabin or this gentleman's cabin is something over 1,000 feet from the mouth of that. From either position they cannot even see Angler Drive.... Johnson: Oh, absolutely... Coligan: ...it can't be seen as depicted in those pictures. Those pictures are taken at interval blocking from the front of their cabin half way down their driveway including from the street. They cannot even be seen. Johnson: Did I insinuate that we could see the property? I'm sorry if I did. We intentionally had a road put in that you can't possibly see that. Planning & Zoning Commission August 12, 1998 Page 22 Approved } C. Coligan: Cannot be seen... Johnson: ...but that isn't the point, we still all use the same road, we're all gone be on the same river... having property next to you that is commercial does change your world. I mean, they have a parking lot, but it also has RV's in it, the RV's look right over the fence. That was an agreement to build the fence because they were actually camping in between two of our cabins from the Lodge, that's how the fence got built. But the point is, it's just changing a lot and I really hope that somebody will look at protecting the rights of the people who buy in thinking in fact they chose, for a reason because that's what was specified in the rules and regulations. Yes Ma'am? Nord: My question is, when you purchased your property 10 years ago was this Lodge there...10 years ago? Johnson: Yeah, yeah, I knew the Lodge was there. It was much a smaller operation then, yes, I knew the Cooks who originally developed the lodging, yes. Yeah....and...I knew there were other things down the road. Now, many, many more things are commercial down the road than were before and that really has increased the traffic, but no, I knew that and we actually survived quite well with it for a number of years, we just....it got increasingly more difficult, it's noisy, the latest dock is very, very close the property line. You know, noise travels up a river. I'm living with all that, I just don't know that it oughta start surrounding me, and that's what I have a question about the property in back of us which is the only ones on the agenda, I believe. Nord: You...you feel that having ah...er...it looks like these are really nice cabins, how do you feel about having a residential cabin Johnson: Word residential cabin....I ask....I asked Clint when he.... Nord: ...your residential area is going to detract from the property value or from your quiet and peace of enjoyment...I don't understand... Johnson: This is a commercial property that's coming in, it's going to be rented to people who are going to be guided. Clint says they are going to be guided out of his operation that is going to places beyond. My assumption, since it's Cowan Estates, is they are going to walk across the street, and in spite of what this says, they walk down our driveway to...just like they walk on everybody else's because they're lost. They'll walk across the street and they're going to be guided out of....of the existing Lodge next to us. It's just seems to me as a continuation. It Planning & Zoning Commission August 12, 1998 Page 23 Approved also appears that a lot of the lots have been ah....that....that Cowan Estates and others have subdivided on that side of the road. This would the first thing on the other side of the road and it is also the first lot in terms of commercialization. I can see the same thing happenings as Hi- Lo can't add anymore things to their property so they add across the street instead, so the new....will walk across the street, or the next one the down and they walk across the street. It just seems to me at the end it's bad planning, it all happens because people do it and everybody says, oh well, you've already done, all right, it just seems like it backing in the door to planning and zoning. Nord: Thank you. Johnson: Thank you. Glick: Okay, thank you Ma'am, Yes Sir? Ralph Van Dusseldorp, 1025 Angler Drive, Kenai, Alaska - I also speak in opposition to ah....granting conditional use permit for the Angler Drive property. Glick: Sir, what was your name and address? Van Dusseldorp: Oh, I'm sorry, I'm Ralph Van Dusseldorp and I live at 1025 Angler Drive, which is catty-cornered across from the ah... Angler Drive property in question... Glick: Okay... Van Dusseldorp: As it's been said in anticipation of retirement 10 years ago we bought a lot there, carefully checked the zoning and found it was rural residential. At that time, I don't believe any conditional use permits were given along Angler Drive at all. There were some illegal operations. From about 1988 on a number of the lodge owners came to planning and zoning, asked for a conditional use permits and, I think in most cases, ah... perhaps all cases...they were given. You know, they were kind of grandfathered ah...in perhaps. Ah...you know, we considered other places. We had friends who lived at Porters. Some of you know Porters, ah... a ways up stream from us. A terrible, terrible place. Angler Drive could become the Kenai Porters, ah... it really could if this is ah...it's...if this kind of thing is allowed to continue. I want to be sure you understand that this property that Clint wants to rent is an integral part of Beaver Creek Lodge. Ah...this is one of the Planning & Zoning Commission August 12, 1998 Page 24 Approved ,~ cards from Beaver Creek Lodge (held up brochure), you notice it says Capt. Bligh's Beaver Creek Lodge and the plan of course if Capt. Bligh, his name, his wife's name listed at the bottom, but also on this brochure it says "you can rent one of our places...one of our lodges or one of the two bed...one of....our 2 bedroom, 950 sq. ft. log cabins. This is what he's talking about that's the Valhalla cabins that are already built and this is the one that he's now building. So this is really an extension of Beaver Creek Lodge, it's not just another ah...ah... independent operation. Coligan: Excuse me... Glick: You had your chance Sir... Van Dusseldorp: Now I would like to approach the real problem. Until two years ago, none of the area west of Angler Drive was developed. It was just wilderness, we had moose over there, we had caribou, we had coyotes, we had sand hill cranes, it was an undeveloped area. Two years ago then, it was subdivided into 13 lots. Two homes have been built on two of the lots, both of those homes are owned by owners of lodges. Clint's building is the third building, so that's three out of 13, there are 10 more vacant lots. If you approve this one then how are you going to turn down the next one that wants to do the same thing or the next one, the next one, the next one, the next one and pretty soon you have 10 more commercial operations on our street; and then the two lodge owners say we might as well turn our buildings into commercial operations also, and we have a whole Angler Drive with nothing but commercial operation. Now you may think, well, Clint has already started construction, you know... perhaps we oughta go ahead and approve it because....approve it because of that. We've had a lot of controversy that last couple of years about zoning and about the conditional use permits on Angler Drive. Clint has been involved with those, he's been well aware of them. Clint knew before he ever started construction that he's going to have to have a conditional use permit in order to do what he wants to do. He should have applied one properly...applied for one properly before he ever started ah... construction, not wait until it's almost finished and then apply for a conditional use permit, and.... Finally I guess I just ask you to, you know...when you vote on this to perhaps think of this. Imagine you live in my house, where I live and think of how you would vote then...you know... think of you would vote to approve this knowing that if you approve this you have more commercial op...ah...commercial operations right across the street and Planning & Zoning Commission August 12, 1998 Page 25 ~~~~ Approved pretty soon you're gonna have commercial operation all the way down the street. Thank you. Glick: Thank you sir, is there anyone else wishing to speak to speak? I think you took more than your adequate time Sir. (to C. Coligan). If not I'll bring to the Commission. Discussion. Bryson: Ah...I would like to ah...separate the items into three different ah...sub...ah categories. Glick: Three or just two since those two are together at Valhalla? Bryson: Yeah, that would be fine, thanks. Glick: Anybody object to separating the Angler Acres from the Valhalla Heights? Werner-Quade: Um...you know I would like to see it three...broken down to three. Glick: Okay, anybody else want three? Werner-Quade: I'm very uncomfortable with three being grouped into one and I will....will vote No... (illegible) Glick: Okay, if there's no objection... Goecke: Mr...Mr. Chairman? Glick: Yes, Mr. Goecke. Goecke: Um...the ah... the two on Dogwood are ah... side by side, correct? Glick: Yeah Goecke: Why....why would you want.... Glick: I just thought the Ang.... Goecke: Why would we want to separate.... Glick: ...the Angler's Acres is a couple miles away where these two are side by side in Valhalla. Planning & Zoning Commission August 12, 1998 Page 26 Approved Werner-Quade: Okay, I'll go with two. Glick: Okay, let's discuss the ah... Valhalla Heights properties first, those two. Discussion on those. Bryson: Ah...just to clarify the ah... minutes I will ah... again Move for approval of ah...the Valhalla Heights ah...cabin ah....request. Glick: Okay, who seconded it the first time? Graveley: I think I did. Glick: Okay, you second that on the... since we split them out? Roper: Ah...excuse me, Mr. Graveley, you made the motion to approve and Mr. Goecke seconded it, so Mr. Bryson, is...are you amending the Motion then? Bryson: Ah...I would treat it as an amendment, yes. Roper: Okay, treat it as an amendment to separate them and we'll discuss.... Glick: Okay, in that case I need a second on the amendment. Goecke: Second. Glick: Okay, the move and second to amend to separate to the two. Ah...we should vote on this amendment then. Roper: Okay, Werner-Quade Yes Nord Yes Bryson Yes Goecke Yes Graveley Yes Glick Yes Glick: Okay, that Motion passes, now we officially separated them. The first well talk about is the Valhalla Heights, two properties over there. Discussion on that? Goecke: Call for question... Planning & Zoning Commission August 12, 1998 Page 27 ', Approved ~ Glick: That would be to rent them single night basic rather than monthly, because monthly is okay, there... Bryson: In driving by the facilities, they appear to be essentially ah...just...small ah... residential units ah... single structure on a single lot...I would...I mean...in favor of it... Glick: Anybody else? All right, let's vote on the... Goecke: Excuse me... Glick: Okay... Goecke: This is for nightly rentals ahhhhhh...or....at this....from this point until next spring are they ahhhh... available for rental to ah.... a long term basis? C. Coligan (from audience) Yes Sir. Glick: Well... Goecke: So... Glick: they're available now to rent by the month....so...you know, that's legal to do in that... Goecke: Right... Glick: ...in that area. What he is wanting to do is it okay conditional use to rent them by the night. If we grant that, he can do it any time he wants to. C. Coligan (from audience): I would do it for three months of the year Sir. Graveley: The term...the term...to...to...to define it, the term is the cabin's in Northwood Dog...Northwood Dog Lane have been rented on a short term basis. That's.....that's what you're looking for. That's to continue short term leases. Glick: Well, it wasn't okay to do that to start with but... Graveley: No...but that's.... Planning & Zoning Commission August 12, 1998 Page 28 Approved Glick: ...but with this it would be. Graveley: ....that's what we're after tonight. Glick: So that's what we'd be voting on, to approve them to rent it on a short basis. Goecke: Correct. Glick: ...to (illegible) zone, okay... Gentlemen from the audience: Sir, Goecke: Call for question. Gentlemen from the audience: Are you...are you voting now to approve the Valhalla deal? Glick: Just the Valhalla. Gentlemen from the audience: All right, I'd like to come up to give you a little on that.... Glick: That's just on his cabins now... Gentlemen from the audience: Right... Glick: That was all part of this when we had the public hearing. Gentlemen from the audience: (illegible) you were down on Anglers Street.... Glick: It was all one issue here... Nord: but now we've separated them... Bryson: I would like to suspend the rules.... Gentlemen from the audience: (Loudly) expressed desire to speak Bryson: ...to allow him to testify. Glick: One of the members had asked to suspend the rules and allow you to testify so here's your chance. Planning & Zoning Commission August 12, 1998 Page 29 Approved Gentlemen from the audience: You were separate them...all right... Ted Sadler, Kenai, Alaska - I'm Ted Sadler, wife Jeanie. We own that lot directly south of you against the highway, Spur Highway. (addressing C. Coligan) Your on Dogwood right? C. Coligan: Yes sir... Sadler: Okay, our property is on Dogwood and Spur Highway. If this...you pass this for this gentlemen I'm going to have cabins in there because I came here 8 years ago to get a commercial deal for that lot of mine; and, I don't know if you're same people that were here then or not, but you told me then, "not until we get every lot in Kenai sold can you have a commercial lot out there." I think....and I'm mad about that, your acting like Exxon. As long as you can keep your trial a running, and running, and running, you~l make money and I can set there and bleed to death. So, if you do approve it, I'll have cabins on that one and come here and ask you for approval on that kind of a deal. Thank you. Lady from the audience (believed to be Mrs. Sadler): that lots is four and half acres. Glick: Okay...all right, we're back to Commission, are we ready? Sadler: Thank you from my wife... Glick: You're welcome. You understand what we're going to vote on? Valhalla Heights only, short term rentals. Goecke: Um...hm... Roper: Goecke Yes Nord Yes Graveley Yes Bryson Yes Werner-Quade No Glick No Roper: 2 No, 4 yes Glick: Passed. Motion Passed. Okay, the second part of the...is the Angler Drive....and that's for...would be for short term rentals or...everything that is covered in...any discussion on that? Mr. Bryson? Planning & Zoning Commission August 12, 1998 Page 30 ,~ Approved Bryson: Ah...just a...r...comment is passing. I find this somewhat ironic that we're back in the Anglers Drive situation having had many, many hearings ah...related to that ah...the original ah...recreation zone intent was it would be appropriate for ah...ah...development similar to ah... what was occurring in the Anglers Acres ah... area. The ah...property owners in the area have not seen fit to petition for ah...a modification of their rural residential zoning. I'm not sure why, I guess when they have a conditional use they have no reason to change it. Ah...it may be that it isn't...it is a business situation down there and it should be addressed as such. And I....I have some degree of compassion for the individual that ah...bought as a retirement area but ah...certainly the ah...pressure is ah... to develop that area ah....ah...recreational / commercial.... aspect. Glick: Any other discussion? Mr. Goecke? Goecke: I...I agree with ah.... what Mr. Bryson has said and ah... you know, I believe that probably...something in excess of 80%, and I don't know this for a fact, but I...I believe that something in excess of 80% of that property down there right now is recreational. Ah...I think there's probably ah...some people that, yes in fact live there year around. I think ahhhh... part of the people that have ah... single unit there are using it as ah...weekend or week long ah... retreat in the summer time but it is still recreational...they....they bought it for recreation and um....and to me ah... that area, you know, needs to be recreational and as such ahm.... I for one wish that at some point in time ah...the zone would be changed to recreational down there. Glick: Okay, any more discussion? Werner-Quade: Well, I have a comment ah...that several years back when Kevin Walker was our Chairman um... he used to say the same thing every time we used to get an application for a conditional use permit ah... down river. Well, Anglers Acres in particular should be zoned recreation, so...so we should vote for it to be recreation (illegible)( ...conditional use permit applicant wanted. However, I do agree with the lady who retired college professor, that just because you have granted one that's not any open door to continue to grant them and I've really had a lot of concerns about this area too. Every time that...permit comes before us, well, there's been so many that you granted before, and even an example of that is tonight when we sat down we got a paper of all the conditional use permits we permitted in the past so we should permit this too. I have some concerns along with... Mr.... Richardson, about the DEC qualities down there and again, when I bring these up, Planning & Zoning Commission August 12, 1998 Page 31 ~) Approved I'm told by one or more Commission members, "that's not our area!"; "we shouldn't be concerned with that!"; "that belongs to the StateI"; "they~l look into it!"; you know, sometimes you just need to look right in your own back yard and until some of these things are satisfied with me I am not going to continue to app....to approve these, just because weave approved so many before. There's a time to...to pull back and to...to look at things and....in my opinion I'm to make a difference (illegible)... and I'll be doing that. Glick: Anymore discussion? Kebschull: Mr. Chairman, I would like to make a comment. Um... I was hoping that this wouldn't happen but it happened immediately that um... that the conditional use permit that you're looking at has been um...information has been convoluted with information about a grievance of complaint against another conditional use permit. So, I wanted to make sure that the Commission looked at it as a separate issue when they voted because this is a sep....separate conditional use permit that Mr. Coligan is applying for for cabin rentals, which the Commission worked hard to get that term into our code a little over a year ago. Um... he's asking for short term rentals in the summer months. Um.... and um... the issue on the Lots 4 and 5, um.. I put information in your packet and that should be dealt with separately from this request for this conditional use permit and I just wanted to clarify that. In addition, the information that I provided tonight was a clarification of the packet information because there was one permit that was left off and that was the one for Dere on Lot 20, so...or.... Glick: Okay, all right, any other discussion? If not, well vote. Roper: Nord Yes Graveley Yes Bryson Yes Werner-Quade No Goecke Yes Glick Yes Glick: Motion passed. End Verbatim Smalley requested that the appeal process be explained to those individuals who testified. Kebschull announced that anyone wishing to Planning & Zoning Commission August 12, 1998 Page 32 Approved ' appeal the Planning and Zoning decision must file it within 30 days in writing to the City Clerk. Once the appeal is received, the City Clerk will schedule it with the City Council who in turn will set a hearing within 30 days. c. PZ98-39 -- Conditional Use Permit -- Assisted Living Home/Convalescent Care Home-- for the properties described as Lots 2T and 28, Block 7, Valhalla Heights Subdivision No. 3, 175 & 185 Phillips Drive, Kenai, Alaska. Application submitted by La Vonna S. James, 2425 Florida Avenue, Kenai, Alaska. GOECKE MOVED TO APPROVE PZ98-39. MOTION SECONDED BY NORD. Verbatim Begins Mrs. Sadler asked (from the audience) if it was going to be commercial. Glick: People would be staying there in ah... assisted living / convalescent home facility...and they would be paying for that. T. Sadler: (from the audience) How will you think it, you treat it as commercialized program? Glick: Well, I guess it's commercial in a sense. It's not the same as gas station or grocery store by any means; isn't the same as having people come and....back and forth ah...to buy things. T. Sadler: (from the audience) illegible Glick: But if you wish....if you wish (over T. Sadler) to speak to this please come up the microphone and state you name for the record otherwise we don't get it on the record. T. Sadler: Oh, sorry...ah...we~l just....Ted Sadler, ah... what I'm wondering is, see I voted that corner of mine to be commercial. Now you're going to put this thing in and that's commercial. I'm telling you if...if...what else can you describe it. Them people aren't Santa Clause, they're gettin' money for this and they gotta have a permit to do it. The same as me being a commercial fisherman; and then this guy on the river, he's not commercial at all, he's just a guide, but I'm a commercial fisherman. He's a commercial as I am because he charges for his....for his business... and that's the same thing you're going there, so... I just want to get it in my mind that your....you're startin' a commercial deal Planning & Zoning Commission August 12, 1998 Page 33 ~'~ Approved out there, whether you are or you ain't; because I~1 be back within a couple of months asking you for the same sort of a situation. Thank you. Glick: Okay Kebschull: For clarification, under the Land Use Table it is considered miscellaneous use and not listed under commercial uses therein. T. Sadler (from the audience) All I need to do is figure out something where I can get a miscellaneous use then. Glick: Okay, is there anyone else in...wishing to speak to this...okay. If not I'll bring it back to the Commissioners. Discussion? Goecke: Mr. Chairman? Glick: Mr. Goecke? Goecke: Yes, ah....thank you. Umm... I u....understand ah... Mr. Sadler's deal here and ah...and I...I ah... appreciate what he's ah...saying and I have made this statement ahhhh... a few times before, I~1 make it one more time for his benefit is the fact that I would like to see the whole Spur Highway corridor a commercial op....venue. Ummm... and a commercial zone. Um....we would...you know...and I would, I'm sure even from this Board get er... Commission a ahmm.... a fair amount of ah...flak because ah...part of it would end up being spot zoning and I....I....even I am not totally convinced that spot zoning is all that good of an idea, but I think that in the long... long term that yes, in fact we are going to have a commercial corridor the full length of the Spur Highway. We may not see it ah...in our time but um....because of the land that is available for development in this area that's pretty much where you're at and um....so.... personally I think that ah....the more quote/unquote commercial venues or commercial type venues that there is now on...in that corridor the sooner that ah....we're going to have ah...that commercial corridor. So, I will in fact be voting for this. T. Sadler (from the audience: There's an awful lot of us outside that road commercial now. Glick: Okay, any other discussion. All right, Vote Roper: Planning & Zoning Commission August 12, 1998 Page 34 '~ Approved Graveley Yes Bryson yes Werner-Quade Yes Goecke yes Nord Yes Glick yes Glick: Motion passed. End Verbatim 5. NEW BUSINESS: a. *PZ98-36--Home Occupation Permit--Photography Studio. Application submitted by Daniel W. Franklin, 328 Portlock Street (Lot 21, Block 2, Central Heights Subdivision, First Addition), Kenai, Alaska. Approved with the consent agenda. b. KMC 14.20.150 -- Conditional Use Permits -- Discussion Kebschull reminded the Commissioners that the draft was prepared by the City Attorney based on information from other areas on the Kenai Peninsula, mostly from the Seward City Code. The revised section on conditional use permits will alleviate some of the difficulties with the current section of the code. Kebschull asked if the Commission wanted to hold a public hearing on the issue. Glick polled the Commission, the results are: Werner-Quade Yes Graveley Yes, if it would pull enough valued interest from the community. Nord Yes, feels this was needed for a long time. Goecke Yes, Bryson Yes, in favor of it as in the past the conceptual plans have tended not to draw much in public participation. c. Glick requested that Kebschull schedule a public hearing. Lease Application -- Lot 4, Block 1, Gusty Sub., Addn. # 1 Kebschull stated that the Commission needs to determine if the intended use complies with the zoning ordinance and the comprehensive plan of Planning & Zoning Commission August 12, 1998 Page 35 ~~ Approved the city. Because this is in a commercial zone it is suggested that if the proposed use is commercial that it meets all requirements. GOECKE MOVED TO APPROVE THE LEASE APPLICATION TO ZECEE CROW DBA CROW CONSTRUCTION AND DEVELOPMENT OF LOT 4, BLOCK 1, GUSTY SUBDIVISION. MOTION SECONDED BY BRYSON. Graveley noted the lot was in the airport runway protection zone.. Graveley wanted the applicant to be aware of the changes to the airport master plan so they wouldn't come back and complain about the noise. Glick noted the property is between the car wash and Little Ski-Mo's. Bryson asked if the vehicles being restored would be in a visually screened area? Joanne Farmer, Kenai, Alaska. Farmer introduced herself as the Business Manager to Crow Construction and Development. Farmer reported they would have a chain link fence in the back of the lot but there will be no vehicles stored there. Farmer continued, the shop will only take the frame of the vehicle due to the finishing process. It was confirmed that patrons would have to remove the frame from the body of the car and only the frame would be taken to the business. Farmer added, the owners do not want vehicles in the yard which would detract from the look of the building. A wall will block off the car wash and the building will be approximately $300,000. Farmer again guaranteed there will be no vehicles stored in their yard. Bryson indicated that he may have misinterpreted the drawings and asked if the vehicle restoration activity will be in a building. Farmer indicated the back part of the building will be designated for the vehicle restoration and the front will be for the print shop. VOTE BRYSON Yes WERNER-QUADS Yes GOECKE Yes NORD yes MAHURIN Absent GRAVELEY yes GLICK Yes Motion passed unanimously. Planning & Zoning Commission August 12, 1998 Page 36 ') Approved Bryson asked for clarification that what was approved concerned the lease itself and the applicant will have to come back for a plot plan for commercial development which will address landscaping. Kebschull confirmed that was correct and the applicant is aware of the requirement. 6. OLD BUSINESS: -None T. CODE ENFORCEMENT ITEMS: a. Triple T. Autobody Kebschull reported the owner of Triple T Autobody picked up an application for a conditional use permit but has not returned to file it. He will be contacted again. b. 695 Sycamore Circle -- Status Update Kebschull reported that the City Attorney has Administration now taking photographs of the property in 30 day increments. After the second time the City Attorney will follow through with sending out a citation. c. Conditional Use Permit (Cowan) -- Lots 4 8G 5 Anglers Acres Kebschull reported she discussed the complaint with Mr. Coligan. Information will be gathered and provided to the Planning and Zoning Commission at a later date. 8. REPORTS a. City Council Councilman Smalley reported that at the July 15, 1998 Council meeting under Public Hearings Items C 2 and 3 concerned the smoking policy at the Kenai Municipal Airport. A designated smoking area is available outside the terminal building. Administration will provide Council with a cost estimate to build a sheltered area for smokers. Item C-4 was approved -- this awarded a 5-year contract Homer Electric who in turn offered a rebate percentage to the City for signing a long term contract. Item C-5 matching grant money from the State for $214,248.00 was received. Planning & Zoning Commission August 12, 1998 Page 37 Approved Item C-6 was approved. This is new accounting system software which was included in the budget. This will not be the total cost of converting over to the YK-2000 problem. Item H-4, special use permit for Logging Section 36 was approved. This is for the beetle kill material north of town. City Council Meeting -August 5, 1998 - Representative Mark Hodgins attended and spoke briefly about economic development that he is pursuing for the State. Hodgins have made contact with some of the companies for which the State has invested part of the permanent fund earnings it and asked them if they would consider some type of economic development program. This would entail them bringing some of their business to Alaska, i.e., General Electric, etc. Hodgins also discussed working with the City to have the EVOS (Exxon Valdez) people review part of the permit application which was turned down for work on the mouth of the Kenai River. The project was turned down because EVOS didn't think the City worked diligently enough to try to offset the negative impact of the dip net fishery. Hodgins is working with Kornelis and they will be visiting EVOS in Anchorage to discuss the north side project to try to get it reinstated. Item C-1, Council gave itself a 100% raise. Item C-2 dealt with the City bringing in gas connections to the Five Irons Heights Subdivision. The City is checking with Enstar to see if they would be responsible for the majority of the $15,000 expenditure because it's part of their job to provide the service to a lot. The City Manager will investigate but it is his interpretation that this is probably the City's responsibility since they have to take it across the road for development. Goecke thought that Enstar had already punched a gas line underneath the road from one side of Lawton to the other at the golf course. After a general discussion Smalley reiterated that the City Manager will look into this with Enstar. A donation was received from the Zubecks to install a water source to the new Erik Hansen Scout Park. Planning & Zoning Commission August 12, 1998 Page 38 > Approved 1 The Alaska Regional Aircraft Fire Training Center grand opening is scheduled for October 23, 1998. Tours will start at noon on that date and a VIP tour is scheduled for 3:00 p.m. The City will expend approximately $5,100 for the grand opening and this will be covered by airport funds. Goecke asked when the sale of the Five Irons Heights Subdivision lots would begin. Smalley replied, the minimum bids are $32,500 and the City hasn't decided if it was going to be sealed bid. Kebschull added, the plan was to have the bids in by the end of the month but Council will now have to revisit the issue since the Planning and Zoning Commission voted on single family dwellings only for the lots. b. Borough Planning Bryson reported that during the meeting of July 27, 1998 under Public Hearing items F-1 was approved; F-2 and 3 was postponed; F-4 was approved but the recommendation was to residential classification rather than rural; F-5 was approved; F-6 was postponed; F-7, 8 and 9 were recommended to be approved. Bryson reported that despite all the postponements, the meeting lasted to well after midnight and it started about 5:30 p.m. At the August 10 meeting under Public Hearings Items F-1 through 3 were approved; F-4 was denied which is reinstating the 15% cash discount for sale of certain parcels of Borough property. c. Administration Kebschull pointed out the City's new a-mail address and most of the Administration has individual a-mail addresses. The web page is constantly under design so the addresses should be current. Smalley asked if the Planning and Zoning Commission would be interested in a field trip to the Anglers Acres if the City could arrange it. After a general discussion, Kebschull pointed out that the attorney would have to be checked with to make sure there were no applications pending or it would be considered an exparte contact. Glick stated that if a member drove down as an individual it would be okay. Smalley stated the area cries for assistance. 9. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission August 12, 1998 Page 39 Approved 10. INFORMATION ITEMS: 11. COMMISSION COMMENTS AND QUESTIONS: Commissioner Goecke commented on the tour of Anglers Acres and asked what would be the best way to go about trying to rezone the area to recreational. Smalley replied, the best way is if there is going to be a rezone that it comes from 51% of the residents who live there. Smalley continued, in the past the municipalities, and perhaps the City of Kenai, the City itself can initiate a rezone but it's not always very popular because it almost verges on the issue of taking. Goecke reported that he in fact contacted a couple of the land owners in the area 2 or 3 years ago about initiating a rezone and the response was they all had conditional use permits in hand so it really wouldn't benefit them. Some of the residents also indicated that they didn't have time to deal with a rezone. Goecke indicated that he would approach them again which should eliminate the ongoing session. Smalley suggested that when the visits are made that Goecke goes independently of the City. Kebschull reported that if you looked at the area there are only two major property owners in the area and they probably own at least 50% and with a few others you would have the majority. Kebschull also noted that the Planning and Zoning Commission could also initiate a rezone. Bryson stated that Administration initiated a rezoning in Thompson Park and no one that testified knew anything about what was proposed. There was zero interest in changing it. Bryson didn't think he'd want to initiate a rezone although he gets tired of waiting for others to do so. Commissioner Nord indicated that she was uncomfortable with having to go with a more restrictive variance on Five Irons Heights Subdivision as far as the single family dwelling. Nord reported she voted in favor of it because the City made an error and the lots should have been 20,000 sq. ft. Nord continued, the City needs to set an example of having it right the first time instead of asking for a variance. Nord complained that the situation on Sycamore Street is worsening as the owners are packing garbage into the vehicles. Nord has property listed next door and can't get anyone to take a look at it because it smells so bad. Nord asked if there was an issue about health and safety. Kebschull answered, the process is the same; a letter is sent, etc. At this time the City is already half way through the second 30 day period. Once that is resolved it should take care of the odor. Nord also reported that a tarp is placed over the top of the Planning & Zoning Commission August 12, 1998 Page 40 Approved vehicle so on a hot day it really gets bad. Kebschull thought the owners would be cited within the next couple of weeks. Nord asked if the City can go in and haul the vehicle out. Kebschull replied, there is abatement in the Code and it could be hauled and an assessment is placed on the property. Kebschull stated it was rare for this to happen. Nord reported that Birch and First is also becoming a problem with abandoned vehicles. Nord also reported the property owners are trying to place a fence and the posts are over 6 feet. Kebschull noted that a building permit is required for anything over 6 feet. Commissioner Werner-Quade commented on the letter on Five Irons Heights and stated the person in opposition says they have no objection to single family homes but strongly object to multi-family dwellings; then they go on to say "apartment complexes will only worsen..." Werner-Quade indicated that she is trying to picture an apartment complex in the area and it seems that common sense seems to dictate that a single family dwellings would be appropriate for that area. Werner-Quade added she was sure the subdivision would be very nice. 12. ADJOURNMENT: NORD MOVED TO ADJOURN. MEETING ADJOURNED AT 9:35 P.M. Respectfully submitted, r Barbara Roper, Contract Secretary Planning & Zoning Commission August 12, 1998 Page 41