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HomeMy WebLinkAbout1998-09-09 P&Z Minutes~ AGENDA CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS September 9,1998 - 7:00 p.m. httn : //www. ci. kenai. ak. us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: August 26, 1998 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. PZ98-46-Grace Brethren Replat #2 4. PUBLIC HEARINGS: a. PZ98-40--A resolution amending KMC 14.20.150 -Conditional Use Permits b. PZ98-41--An application for an Encroachment Permit for Front Yard Setbacks for the property described as Lot 7, Block 1, Evergreen Subdivision, 401 Evergreen, Kenai, Alaska. Application submitted by Jerry S. Stock, 1614 Fourth Avenue, Kenai, Alaska. c. PZ98-42--An application for a Variance Permit for Side Yard Setbacks for the property described as Lot 8, Block 6, Thompson Park Subdivision, 4005 Forget-me-not Road, Kenai, Alaska. Application submitted by Robert Glonek, P.O. Box 1976, Kenai, Alaska. d. PZ98-43--An application for a Conditional Use Permit for Cabin Rentals for the property described as Lot 28, Block 1, Angler Acres Part 2, 1525 Angler Drive, Kenai. Application submitted by Gary L. Rolf, 46-082 Puulena Street #1222, Kaneohe, HI 96744. e. PZ98-44--An application for a Conditional Use Permit for a drywall business for the property described as Lot 8, Block 6, Thompson Park Subdivision, 4005 Forget-me-not Road, Kenai, Alaska. Application submitted by Robert Glonek, P.O. Box 1976, Kenai, Alaska. 5. NEW BUSINESS: a. Lot 2, Block 1, Etolin Subdivision, First Addition -Discussion & Recommendation to City Council b. KMC 14.20.145 -Recreation Zone-Discussion Planning & Zoning Commission ~ Agenda 6. OLD BUSINESS: 7. CODE ENFORCEMENT: a. 695 Sycamore Circle -Update S. REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: a. KPB Resolution 98-30 11. COMMISSION COMMENTS & QUESTIONS: Page 2 September 9, 1998 12. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION September 9, 1998 - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** 1. CALL TO ORDER: Vice-Chairman Bryson called the meeting to order at 7:05 p.m. a. Roll Call Members Present: Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord, Karen Mahurin, Art Graveley Members Absent: Carl Glick 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 FOR UNANIMOUS CONSENT. MOTION SECONDED BY NIAHURIN. AGENDA WAS APPROVED WITH THE ADDITIONS. c. Approval of Minutes: August 26, 1998 MAHURIN MOVED TO APPROVE THE MINUTES OF AUGUST 26, 1998 AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY GRAVELEY. MINUTES OF AUGUST 26, 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. 2. SCHEDULED PUBLIC COMMENT -- None Planning 8v Zoning Commission September 9, 1998 Page 1 3. CONSIDERATION OF PLATS: a. PZ98-46 -- Grace Brethren Replat #2 Kebschull reported the applicant is asking to remove existing property lines to create one large parcel. Utility easements will also be vacated with permission from each affected utility company. GOECKE MOVED TO APPROVE PZ98-46. MOTION SECONDED BY MAHURIN. No public comment. No Commission discussion. VOTE WERNER-QUADE Yes NORD Yes GRAVELEY Yes GLICK Absent Motion passed. 4. PUBLIC HEARINGS: GOECKE Yes MAHURIN Yes BRYSON Yes a. PZ98-40 -- A resolution amending KMC 14.20.150 -Conditional use Permits Mahurin requested point of order and asked if the Commission had voted for this item to go to a public hearing. Vice-Chair Bryson informed Mahurin the item was voted on at a meeting she did not attend. GOECKE MOVED TO APPROVE PZ98-40. MOTION SECONDED BY WERNER-QUADE. Bryson indicated testimony given during the public hearing will be limited to three minutes unless an individual had a written document that would be read. If that be the case then the individual is asked to state that before beginning comment. Donna Riddle, 1535 Angler Drive, Kenai, Alaska asked what the proposed amendments were. Bryson requested a short recess while Kebschull made copies of the proposed changes. Recess began at 7:10 p.m. Meeting resumed at 7:20 p.m. Two items were handed out to the audience; one of the items was the sheet which was included in the packet labeled 14.20.150 and at the bottom it says Title 14.1. This Planning 8v Zoning Commission September 9, 1998 Page 2 represents the existing conditional use code. Bryson pointed out the highlighted areas on the sheet were those items Administration had been working on. The second sheet did not have a page number but had the same chapter designation. This sheet was the proposed code. Bryson requested staff provide a summary of the proposed amendment. Kebschull explained, over the past year when conditional use permit applications were reviewed, item 1.I was questioned. Kebschull continued, those individuals who have spoken against an application made the comment, "how can we allow a conditional use when the use is generally in those zones are residential zones and are listed as "P's" in the land use table." As a result, staff felt if the code is viewed literally, then technically the City could not allow anything other than principal use within the zone. However, staff also felt (and the City Attorney advises) the Land Use Table was written after Title 14 and that, in a court of law, would take precedence. The proposed code is taken from Seward and who have a very specific process a person goes through to apply. This also requires a public hearing and the review criteria the commission is supposed to follow. Mahurin asked if the public notification for adjacent and neighboring property was modified in any manner. Kebschull replied, the public notification procedure is the same as it always has been, which is 300 feet from any property line as well as being published twice in the paper seven days before a meeting. Verbatim Begins Peggy Gill-Thompson, 4010 Lupine Drive, Kenai, Alaska and I~1 be affected ah...by the proposal that you're trying to make in Thompson Park but this conditional use permit is getting out of hand and I recommend it just cease and desist when it pertains to residential; changing variances so that ah...there could be businesses or whatever. It's already come up with some other people, I think it is Cinderella ah.... Subdivision who had to spend time, effort to protect their property and it being residential and um...other people, one person's not here, who feels the same way, hell be coming later and he lives in Thompson also, but where does it stop? That's....that's the issue, where does... it... sh... ah.. one person gets a conditional permit then another one, then another one, then another one, and I'll speak later on.... further, but right now I'm against conditional permits, I'd like to see em' stopped especially if it pertains to a residential es... ah... district or subdivision. Bryson: Ah... did you sign the ah...the list ah...on the.... on the podium? Gill-Thompson: Ah...no, no... (signed the roster). Planning & Zoning Commission September 9, 1998 Page 3 Bryson: Any... any questions for Ms. Thompson? Okay, ah... other ~~ persons who would like to speak? Debbie Sonberg, 410 Cinderella, Kenai, Alaska - My name is Debbie Sonberg and I'm at 410 Cinderella Street. Many from the community and my neighborhood in particular have....have been before numerous times this year and in the past. Our primary concern has been preserving the character of our neighborhoods and having a voice in the development of our respective neighborhoods. Many cities formally recognize the unique character of neighborhoods and actively work with those neighborhoods to promote development and preservation within those unique characteristics. Our city has formally recognized the uniqueness of neighborhoods in the Comprehensive Plan on page 17 in a section entitled, "A City of Neighborhoods". That section reads, "Kenai is characterized by disperse pockets of development separated by drainage ravines, bogs and the Kenai River flood plain." These separate developable areas have tended to create a City of identifiable neighborhoods, each with a somewhat different character. When asked, Kenai residents say they live in such neighborhoods as Woodland, Beaver Loop, or Valhalla, not just Kenai. I live in the MAPS neighborhood and I believe we were given that name by others, not by ourselves, but that's where I live. I think we have continually demonstrated to the Planning and Zoning and to the Council and to the community in general that this neighborhood identity is very important to us. Rather than try to patch a bad land use table with zoning wording changes that give the Commission and Council more power to override neighborhood concerns and desires, I think that this resolution should be voted down or at a minimum, tabled until a more comprehensive neighborhood sensitive solution can be sought. Some type of formal neighborhood planning needs to be adopted that will be a proactive solution rather than the reactive method currently available to us. The City of Round Rock, Texas has a neighborhood plan that reflects a proactive type of neighborhood involvement that could serve as a model of what we could be. The neighborhood planning purpose statement of the City of Round Rock is, "neighborhood planning is a process of identifying improvements and preserving aspects of a neighborhood that make it unique. A neighborhood plan is the outline for development of the neighborhood that aims to protect and improve it's character as it evolves. The neighborhood plan supplements the city's general plan or existing ordinances and identifies key issues for improvement in the neighborhood." The City of Round Rock began its neighborhood planning efforts in 1984. They currently have three ident~ed neighborhoods and plans. Excerpts from their planning process; "neighborhood planning is an important way for Round Rock residents to have a say in how future change will affect their neighborhoods." Neighborhood plans typically address such issues as transportation, infrastructure, schools, parks and recreation, the Planning & Zoning Commission September 9, 1998 Page 4 environment, utility service, and future land use. Through the neighborhood planning process the planning and community development staff and people from other city departments form a dialogue with neighbors that can shape the city policy and future decisions that will affect the neighborhood. The neighborhood planning team members act as a liaison between the neighborhood and city staff in representing neighborhood concerns. The neighborhood planning team identifies solvable problems in their neighborhoods as well as unique characteristics that they would like preserved. The plan may either become an amendment to the city's general plan or an advisory document that is used guide city policies towards the neighborhood. The plan becomes a work order for city departments and for the neighborhood itself. Isn't this what webe really been asking for all along? We want an active voice in identifying neighborhoods uniqueness and a part in the decision making in development in our neighborhoods. We want the city to recognize us and respect us for our uniqueness. This resolution, PZ98-40, if passed will undermine the uniqueness of neighborhoods by giving the city officials, planning and zoning, Council, etc., more power to overlook public input and rule their own views of development. This resolution will create more conflict in the development process that already exists and promote more appeals and more frustration for the citizens of Kenai. The new land use tables, this, ah...like the new land use tables... Bryson: Excuse me.... ah...are you going to be... is this going to be... Sonberg: Got about that much more to read (indicated remaining paragraph with fingers). Bryson: Okay... Sonberg: It's only two pages.... Bryson: Go ahead...please.... Sonberg: I don't think it took three minutes.... like the new land use tables, this resolution has far reaching impacts on the entire community. Three words in a public notice, conditional use permits, is not adequate disclosure to the public on the decision you now have before you. The land use table was changed without significant public notice and the final table was nearly a reversal of what the planning and zoning commission originally anticipated as my understanding is. The land use table and this resolution carry more significant impacts that any single conditional use application. Every citizen should have received notice in the mail and a clear explanation of the impacts of these items. Please do not vote in favor of adopting this stop-gap resolution but rather seek a more comprehensive solution. We are ready to work with you on neighborhood planning. Thank you. Planning 8v Zoning Commission September 9, 1998 Page 5 } Bryson: Thank you. Ah...like to remind you that if you have testimony like...you'd like read into the ah...record and it's going to take over three minutes could you let us know before you start. Other persons who'd like to make testimony? Sir? in the far back. Nolan T. Compton, 2?85 Beaver Loop Road, Kenai, Alaska. I'm Nolan Compton, I live at 2785 Beaver Loop Road and I would like to first off say that I believe that this should be tabled because of the lack of time that was allowed for the public. This came out in Friday's paper, there was a holiday weekend, there was a lot of people out of town. Basically you had two days to review what was going on here. I don't think that's sufficient public notice to allow them for that. I don't know what the city requirements are but I think there's a lot more people that...that would be very....like to be here tonight that were not informed of what was going on in this particular condition and I don't think that there....there was enough time given to the public in this matter. Ah... land use tables were brought up, something that I believe everyone should have been sent that and that if you are a paying.... tax paying citizen to the City of Kenai you should receive that particular information but it's up to us to go and get it. I don't even know what is all is on that land use table. Ah... I wish I did and maybe I could be more clearly about what I feel about this if I knew that. Um... another area that...in this that I just got... I work every day so I don't get a chance to... to pick this up. I don't have a computer so I didn't pick this information up until just a few minutes ago. I have to disagree with the review criteria where it says the value of joining properties. These are neighborhoods, you're talking of whole zones. If you're going to do it that way, zone each lot, don't do it in whole areas because there's a lot more people that are affected than just the adjoining neighborhoods. In particular, I'm referring to the gravel pits located down on Beaver Loop because all the adjoining properties are all gravel pit operators. That's not really the neighborhood, that's the people that are trying to do business out of that neighborhood. I feel that the citizens, when it's zoned rural residential, should be able to comment on that, not just the adjoining land owners. Your making it to where if a person is located between his property....his property is located between two others that are doing the same type of operation, there's going to be no objection. That's not fair in a....in a area that's zoned as it is. It should be in compliance to everyone that's in that whole zone area, that's who should be able to make a comment about that and if it's gonna affect the neighborhood it's also going to affect their property values. So....it....that to me is very restrictive of who.... who is capable of even saying in what you're going to review. Um... again as I say, I believe that this oughta be tabled and for further review um...before the commis.... the Council here even makes a vote on this. Planning 8v Zoning Commission September 9, 1998 Page 6 ~~ Bryson: Thank you Sir. Compton: Thank you. Bryson: Any questions? Thank you. Goecke: Mr. Chairman? Bryson: Yes, Mr. Goecke? Goecke: Um...isn't the notification given ah...two times prior to the meeting. Kebschull: That's correct, it was published in the paper on Wednesday and again on Friday and the agenda was in the paper on Sunday. It is also on the Internet home page. In addition, it's posted in three public places and it was posted at least, more than two weeks ago. Bryson: Thank you. Ah... other persons who would like to make comment? Mark Schrag, 312 Princess, Kenai, Alaska. Mark Schrag I live at 312 Princess and I just feel like you guys are going in the abso...the wrong direction here. We are not...the public...the hearings I've been at before, we're asking for more restrictions not....not to make it easier um... and I guess I just.... I don't understand your view of development, you know that....it always seems like everything that they want to do development, developer comes in and they get their way. History you know... our own recent history is littered with examples of that. I...just today I was coming in from out north and come by that um... where that guy set up that um.... that sawmill. Came in a couple years ago, big plans... on what... he's going to have 150 jobs or something like that, he's going to have all these plans. Looks empty to me right now, you know but something like that comes in and you're willing to sell em' the farm it seems like and it's just.... and you end having to clean that up later if it doesn't work out. I just think need to take a little...better approach you know. Not against development, but some more responsible development, not just somebody coming in and offering something and then and then you give it to em'. (Sigh) Now I guess that all, I just.... I'm very much against this going forward right now, I just... to me maybe I'm overreacting but it seems like you're declaring war on the.... on the citizens of this... of this city...again... Thank you. Bryson: Thank you. Any questions for Mr. Schwab...Schrag? Anyone else who would like to make comment? Last call? Colleen Ward, 708 Magic Avenue, Kenai, Alaska - My name is Colleen Ward. I Live at 708 Magic Avenue and I just have a few comments for Planning 8~ Zoning Commission September 9, 1998 Page 7 this evening. Um... I do agree with and understand that there is a need to do some modifying in our municipal code and as far as that goes, probably our comprehensive plan and our land use table. However, I do disagree with the approach that we seem to be heading towards tonight, -- an approach that seems somewhat piece-meal and somewhat stop- gap. Um... we believe that this proposal is doing more than just meeting a legal requirement to make it compatible with the land use table. We believe that changing the conditional land use permit is a fundamental difference in the way the city does business and that's why it is such great concern to us and that is why, as Mark was expressing, and as Nolan before him, our frustration is quite high when we look around this room and realize how few people are here and are aware of this particular um... change that we're considering. We bel.... I believe that we passed the land use table and we did have public hearings and the process was in place for people to be involved. Unfortunately a lot of people are busy with their lives and they don't follow city politics that close and a land use table that was passed. Unfortunately it was passed before it was... the compatibility with the development requirements, with the municipal code and the comprehensive plan were considered. All of which are legal documents that the City is bound to ah... consider in the decisions they make at meetings such as this. We can go back and we can change the municipal code to avoid the legality and the legal discrepancy between the municipal ah... code and the land use table, we still have a legal discrepancy between the municipal code and the comprehensive plan, however, if we do that. Where does it stop? Where do we stop putting aband-aid on this problem that seems to be festering in our community as has been evidenced by the increasing number of variances that have been applied for and the increasing number of appeals that have moved from this chamber and this commission to the Council. We do.... I do...um understand that what you're trying to do here tonight or what you're proposing to do is something that needs to be looked at very closely and I support in doing that, however, I suggest that this is not the place and this is not the time. This issue is not going to go away, it does need to be dealt with and I would suggest that it be dealt with in a much more responsible, comprehensive, and highly participative manner versus what we're doing here tonight and encourage you to take the steps necessary to make that happen. I thank you for your time and for your willingness to make these hard decisions for our city. Bryson: Thank you. Are there any questions for... Ms. Ward? Other persons who would like to make comment? Glenn McCollum, 399 McCollum, Kenai, Alaska - My name is Glenn McCollum and I live at 399 McCollum Drive and I.... I'm ah... I'm just here tonight to kinda protect our neighborhood. I'm quite interested in the way you change the wording for granting conditional use permits. We know the use table was re-written a year or so ago now I'm opposed Planning 8v Zoning Commission September 9, 1998 Page 8 to just turning the commission loose to change the wording to make it ~ easier for the commission or the Council to grant conditional use permits. That's just under my need of protection that we do have with the present use permit wording. You are talking about our neighborhood where we constantly had to defend our position and I'm not for this change right now. I thank you. Bryson: Thank you Sir. Any questions for Mr. McCollum? Anyone else who would like to make comment? Robert Glonek, 4005 Forget-me-not, Kenai, Alaska. I think conditional use permits are good and are bad, I think they have to be justified... Bryson: Could...could you please state your name...and ah... there's a list there to sign it..okay. Glonek: I think they have to be justified and they have to be thought through... Bryson: Sir, could you state... state your name for the record please. Glonek: My name is Robert Glonek. Bryson: Thank you. Glonek: Sorry, um... back to the conditional use permits... um... I can agree with the sawmill that has a bunch of stuff laying around and they were going to hire a lot of people and now nothing's going and it... it looks tacky. Um.. there's other aspects to the phase of conditional use permits as far as may just, in my example, building a garage and storing my box van and my materials in there, um... and that's the only reason that's the only reason that it's going to be there. Ah... that's was just my only comment that I wanted to say on conditional use permits is there is a lot of variables in between and that's why you guys are here is to... siphon out those variables. Thank you. Bryson: Thank you. Any questions? Anyone else who'd like to s... comment? Last call again. Okay, hearing no further requests, bring it back to the Commission. Verbatim Ends Graveley asked staff if the proposed conditional permit is what the City of Seward is using at the present time. Kebschull answered, the City Attorney has taken a majority of the information from Seward but not verbatim. Graveley stated, not for the change of wording but he liked Planning 8v Zoning Commission September 9, 1998 Page 9 - how the layout of the proposed procedure. Graveley continued, it would be nice if the entire Title 14 format could be changed, not the wording but the format to make it easier to read. Mahurin stated conditional use permits and variances have been a major concern of hers since she's been on Planning and Zoning. Mahurin further stated she usually votes a lot differently than other Commissioners. Mahurin continued, it is unfortunate that politics enter into planning and zoning but it is a reality being faced with. Mahurin believes there is a place for conditional use permits and she believes the Commission has approved some very valid ones with the intent that it did not harm the neighborhood, it was good for the City of Kenai, and it was good for the residents within the City. Mahurin also agreed the Commission has denied some and have been overruled, therefore, she wonders why have a planning and zoning at all. Mahurin stated the same can be said for variances and that's becoming more and more as what is shown on the agenda for this meeting. Mahurin agreed with Graveley, the proposal is certainly easier to read, however, she is concerned about some of the points the audience made and one is under the review criteria where it says the value of the adjoining property would not be significantly impaired. Mahurin continued, we are talking about entire neighborhoods and not just two pieces of property on either side of the person requesting the conditional use permit. Mahurin stated, item 3, the proposed uses in harmony with the comprehensive plan is a change from the current code as far as the intent of the zone. Mahurin also stated, for those who may have had problems with the process of the new land use table would also have problems with a change in the code to comply with some of that. Mahurin reported she would be voting against the proposed change for many of the reasons stated. Goecke stated at this point in time there is a criteria to go by and a lot of it may be conjecture on the part of the commission but a conditional use is available to the public if they want to do something in a neighborhood. Goecke believes staff and the City Attorney have attempted to make the procedure easier for the Commission to understand. Goecke continued, until such time as the voters and/or the City Council elect to completely do away with a conditional use permit, the procedure is something that should be viewed as helpful. Goecke will vote in favor of the resolution. Schrag asked if comment could be made from the audience. Bryson informed him the public hearing had been closed. Werner-Quade indicated she would like to see under B.1, ii from the current code retained in the new version, this being such uses must be in harmony with the intent of the zone and that can accompany D.3, the proposed use is in harmony with the comprehensive plan. Werner- Planning 8v Zoning Commission September 9, 1998 Page 10 Quade continued, she would like to see the wording changed in D-2 to read "the property values in the neighborhood will not be significantly impaired." Nord stated with regard to item D-2 in the proposed conditional use permit, she was uncomfortable with the Planning and Zoning Commission or the City Council trying to determine the value of properties and whether they would be significantly impaired. As a result Nord will vote against the item. Graveley asked if the item were to fail in a vote would it be revisited in the future as he hated to see all the hard work done for nothing. Bryson thought it would go to Council with a do not pass recommendation. Kebschull reported, if it failed with Planning and Zoning it would go no further. Graveley stated he did not want to see it lose as the issue needs some work. Smalley suggested the item be tabled or continued to the next meeting and re-advertise. MAHURIN MOVED TO CONTINUE PZ98-40 TO THE NEXT PLANNING AND ZONING MEETING. Motion failed due to lack of Second. Bryson referenced an item brought up which concerned using the phrasing that a use is consistent with the purpose of this chapter and the purposes of the zoning district. Bryson stated, he found that statement the same as the statement that such uses must be similar to principal uses permitted in the zone. Bryson continued, ultimately it's the planning document that determines the appropriateness of certain uses, particularly in a changing situation if that's to be the case. Bryson pointed out he was not talking about a specific neighborhood. Bryson also commented on establishing the value of adjoining properties. As it has always been the case, the value of adjoining property is best evaluated by expert testimony and that's what carries the most weight in legal proceedings and not an individual stating that he has been damaged or not damaged. GRAVELEY MOVED TO TABLE PZ98-40 FOR FURTHER REVIEW. Bryson suggested a continuation of the item or a postponement of action rather than tabling the item. Graveley stated what he is trying to do is incorporate the recommended changes in wording. Kebschull stated a motion would be required to request the wording be changed and that would bring it back to another public hearing. Mahurin stated she felt strongly about the issue and if it is postponed and not continued, the next planning and zoning meeting will be her last Planning & Zoning Commission September 9, 1998 Page 11 so she felt strongly the public hearing should be continued to the next ~i meeting. Mahurin also thought motions could be made to ask staff to come back with language or change the language after the next public hearing. MAHURIN MOVED TO CONTINUE THE PUBLIC HEARING TO THE NEXT PLANNING AND ZONING MEETING FOR PZ98-40 AND FOR THE CITY TO RE-ADVERTISE NOTICE OF THE HEARING. MOTION SECONDED BY WERNER-QUADE. Goecke stated he felt as strongly about the issue as Mahurin does and she's making her pitch for doing it at the next meeting before she leaves. Goecke pointed out he stated at the last meeting he would not be at the next meeting because of his daughter's wedding but he would like to be here as much as Mahurin would like to be. With that in mind, Goecke suggested the issue be given more than two weeks. Goecke indicated he would be in favor of 30 days' since it has stirred a small hornet nest of controversy. Bryson reminded input needs to go through a public comment in an open forum rather than modifications being made to staff. VOTE (For Continuance) GOECKE No NORD Yes MAHURIN Yes GRAVELEY Yes WERNER-QUADE Yes BRYSON No GLICK Absent 4 Yes Votes, 2 No. Motion passes. Mahurin informed Goecke she didn't remember he was not going to be at the next meeting and asked he know this is in no way has any impact on the fact they view the issue differently. Bryson noted Glick may not attend the next meeting also. b. PZ98-41 -- An application for an Encroachment Permit for front yard setbacks for the property described as Lot ?, Block 1, Evergreen Subdivision, 401 Evergreen, Kenai, Alaska. Application submitted by Jerry S. Stock, 1614 Fourth Avenue, Kenai, Alaska. Kebschull stated there was nothing additional to the information provided in the packet. Kebschull noted the Building Official stated the structure actually sits 58' back from the street surface. A copy of the picture as provided gives an idea of how far back the structure sits. Kebschull indicated the applicant was present should there by any questions. Planning & Zoning Commission September 9, 1998 Page 12 GRAVELEY MOVED TO APPROVE P298-41. GOECKE SECONDED THE MOTION. Jerry Stock, 1614 Fourth Avenue, Kenai, Alaska. Stock stated he is with New Castle Builders and he made the mistake. Stock continued, he purchased four lots from the City of Kenai and did not know Evergreen Street was built 20' off the centerline. Stock stated he pulled 60' from the edge of the street. He added, he was familiar with City lots for the past four years and all his stakes were out on the edges of City streets except this one. Stock added this was a total shock to him. Stock reiterated he pulled off 60' from the edge of the street and knowing he had a 25' setback was his reasoning. No further public comment. No discussion. VOTE NORD Yes GRAVELEY Yes GOECKE Yes GLICK Absent MAHURIN Yes WERNER-QUADE Yes BRYSON Yes Motion passed unanimously. c. PZ98-42 -- An application for a Variance Permit for Side Yard Setbacks for the property described as Lot 8, Block 6, Thompson Park Subdivision, 4005 Forget-me-not Road, Kenai, Alaska. Application submitted by Robert Glonek, P.O. Box 1976, Kenai, Alaska. Kebschull stated she had nothing additional to what was included in the packet but pointed out the application did not fit the guidelines for a variance. This was discussed with the applicant and he did modify his original application. The applicant was present should there be any questions for him. Public hearing open. Larry Waltrip, 339 Porcupine, Soldotna, Alaska. Waltrip reported he owns the property next door to the applicant, the address is 4015 Forget-Me-Not Lane. Waltrip continued, the stipulated side-yard setback is 5' which he feels is too close. Waltrip would hate to see something built on a permanent basis that is in closer to that primarily because of the lack of room for maintenance and the lack of slope away from his building. Waltrip added, he thought snow melt or rain water would run on to his property. Waltrip reported he submitted a letter voicing his concerns and hoped the Commission had time to read it. Planning 8v Zoning Commission September 9, 1998 Page 13 ~ Peggy Gill-Thompson, 4010 Lupine Drive, Kenai, Alaska. Thompson j reported she lives less than 300' from where the activity will take place and was in support of Waltrip's comments. She added, she too feels it would be awfully congested to build a 20' x 30' garage right next to the very small lots. Thompson stated a plat of Thompson Subdivision would show some of the lots only to be about 80' wide and that should be a consideration. Thompson stated it may be easy for a Commission to sit and listen to people but unless they live in the situation what would they do or say. Thompson was concerned about squeezing something in a very small lot and would be awfully congested quarters for that type of construction on the lot. Robert Glonek, 4005 Forget-Me-Not Road, Kenai, Alaska. Glonek stated his main concern with the garage is he owns a box van for work and that and his materials can't freeze. Glonek continued, he just purchased a $5,000 spray rig that weighs 500 pounds and will sit in the back of the box van. The rig cannot sit outside. It has to be in a garage. Glonek stated his thoughts on the garage would be to have one-foot eaves on each side. There is a four foot fence to the property line which would still keep all the snow and runoff off the neighbors' property. Glonek reported the box van is 9-1 / 2 foot and it would take three feet on each side to open the doors. If the garage is downsized to 16 feet, he would be just barely able to squeak the van in. Glonek stated he would also have to store his materials in the garage and with 16 feet that wouldn't be possible. Glonek agreed the lots are small. He only has a quarter acre and he's worked hard to figure out a different spot to build the garage so that he wouldn't have to apply for the permit. Glonek thought he could downsize another foot or two and go 18' but he would like to have three feet to the property line which means he would have a two-foot encroachment. Glonek stated he would totally ensure no runoff and give access to walk around the garage, maintain the yard, etc. Bryson asked if the front of the house was on Front Street. Glonek answered that it was. Mahurin asked if there was a carport in the front of the house. Glonek replied, yes, there is a carport. Mahurin asked why that couldn't be converted to part of a garage and work it that way in order to meet the setbacks. Glonek replied, he tried that but the box van is ten feet tall and the carport is only 7-1 / 2' high. The carport is 23 x 24 with a tarred roof and it's attached to the house. Glonek stated to convert it would be expensive and difficult to do. Graveley stated the drawing shows two feet between the side wall and the property line. Glonek thought that was correct and that's where his fence is situated. Planning 8s Zoning Commission September 9, 1998 Page 14 Bryson reminded everyone the issue was PZ98-41, which is a variance for a side yard set back. Tom Wagoner, 4040 Primrose Place, Kenai, Alaska. Wagoner stated he looked the issue over fairly well and sees what Glonek wants to do. Wagoner continued, he owns 3-1 / 2 lots in Thompson Park and the reason is when he first built there that the lots were very minimal sized. Wagoner stated he is not in favor of allowing the variance for conditional use but does sympathize with what Glonek wants to do. Wagoner stated he didn't have a problem with the type of business and the fact that it's run out of the home. However, when this much development is done on a small lot it becomes crowded and cluttered. Wagoner would like to be a good neighbor but the point is he purchased his lot in the City of Kenai because it had planning and zoning which afforded him some protection. Wagoner wanted to go on record as being against the conditional use permit. He added, in fact he's against any conditional use permits in these cases. Wagoner continued, he feels this is something the City needs to revisit and take a look at because it can be abused too much. Bryson noted the item is a variance request and the conditional use permit is covered under another item on the agenda. Wagoner stated his testimony can also go under the other one as well. GOECKE MOVED TO APPROVE PZ98-41. MOTION SECONDED BY NORD. Goecke reported he looked at the property and thought 20' garage was going to work in the small lot. Goecke stated he will be voting against the item. Graveley stated he would also be voting no on the item and pointed out by looking at 14.20.180 in Variance Permits, Item C(1), conditions and circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands and structures, the same land or use zoning districts. Graveley thought it was too tight in the lot for this. Graveley continued, Item 2, special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a hardship or inconvenience. Graveley stated the applicant would probably be getting himself into a hardship area. Graveley continued, Item 4, the granting of the variance shall be a minimum variance (Graveley indicated this is the one he's going to rely on) that provides reasonable use for land and land structure. Graveley thought this was beyond what he considers a minimum variance. Planning & Zoning Commission September 9, 1998 Page 15 VOTE MAHURIN No WERNER-QUADE No NORD No GLICK No GRAVELEY No GOECKE No BRYSON No Motion failed unanimously. Recess at 8:24 p.m. Meeting resumed at 8:30 p.m. Kebschull explained the City's appeal procedure required the applicant to provide the appeal in writing to the City Clerk within 30 days of the decision. The City Clerk will then schedule an appeal hearing within 30 days. d. PZ98-43 -- An application for a Conditional Use Permit for Cabin Rentals for the property described as Lot 28, Block 1, Angler Acres Part 2, 1425 Angler Drive, Kenai, Alaska. Application submitted by Gary L. Rolf, 46-082 Puulena Street # 1222, Kaneohe, HI 96744. MAHURIN MOVED TO APPROVE PZ98-43. Kebschull stated there was nothing additional to the information in the packet, however, attention was drawn to the handout given prior to the meeting where the applicant authorized Steve or Donna Riddle to speak on his behalf. Kebschull continued, the applicant is also asking that the application be amended to add guiding to the permit. The applicant provided copies of letters from people in the area who state they have no objection to the amendment and waiving the public hearing notice. Kebschull stated she discussed this with the City Attorney and he recommended that should the Commission decide to amend the permit application, the issue be continued to the next meeting in order to allow for public notice for those individuals who might want to respond. GOECKE MOVED TO APPROVE PZ98-43. MOTION SECONDED BY MAHURIN. Donna Riddle, 1535 Angler Drive, Kenai, Alaska -Riddle stated her property adjoins the applicants and the entire street does guide activities, lodging, and rentals. There will be no inconsistency to the amendment. Riddle reported Gary Rolf is in the Air Force and is stationed in Hawaii. Rolf was getting married one week after he filed and is now on his honeymoon. Riddle continued, Rolf meant to have his application read like all the other conditional permits on the block and Planning 8s Zoning Commission September 9, 1998 Page 16 that's what the individually signed letters state. Riddle reiterated the application needed to be amended to include both lodging and guide activities. Mahurin asked for clarification that Riddle had permission to speak for the applicant who wishes to amend the original application to include guiding as well as cabin rentals. Bryson confirmed that was correct. Goecke asked for clarification on whether or not the applicant would rent more than one cabin. Riddle confirmed the applicant had only one cabin. Goecke noted for the record the application asked for one cabin rental. Kebschull noted the applicant had mentioned on the application future plans will include three additional cabins. Kebschull explained to Rolf a variance for principle structures would be required and what the process involved. The applicant is aware the application is for one cabin and if in the future he decides to expand, he would have to come back for an additional conditional use for additional structures. MAHURIN MOVED TO AMEND THE PZ98-43 TO READ CONDITIONAL USE PERMIT FOR A CABIN RENTAL AND GUIDING OPERATION AND THIS APPROVAL BE CONTINGENT UPON PROOF OF AN APPROVED SEPTIC SYSTEM, EITHER DEC APPROVAL OR BY AN ENGINEER. MOTION SECONDED BY GRAVELEY. VOTE (Amended Motion) GRAVELEY Yes WERNER-QUADE Yes GOECKE Yes NORD Yes MAHURIN Yes BRYSON Yes GLICK Absent Motion passed unanimously. Mahurin asked for a point of clarification, since the original application was advertised for cabin rental only the legal staff recommends re- advertising since guiding activities are included. Kebschull confirmed that was correct; the item should be continued to allow for proper public notification. Mahurin asked if it is approved, would the Commission be leaving itself open to some legal action by property owners. Kebschull replied, that is the assumption. Goecke stated since there are enough signatures from the neighborhood property owners, the City didn't have to worry about legal action. Goecke thought the item should be approved. Nord recommended the item be continued to the next meeting since she didn't know what is involved with the guiding service such as number of guides, boats, etc. Planning & Zoning Commission September 9, 1998 Page 17 i NORD MOVED TO CONTINUE PZ98-43 TO THE NEXT MEETING FOR THE PURPOSE OF RE-ADVERTISING. Motion failed for lack of a Second. Mahurin asked for a brief recess as Councilman Smalley was seeking some parliamentary advice the Commission may want to heed. Kebschull noted the guiding operation will be limited to three boats. Smalley didn't think a motion to continue would go into effect with a motion on the floor and thought the item would have to be tabled. Smalley stated since it appeared the Commission was taking a different route, the concern was no longer there. MAHURIN MOVED TO AMEND THE AMENDED MOTION TO LIMIT THE GUIDING OPERATION TO THREE BOATS AS HAS BEEN DONE WITH OTHER PERMITS IN THE AREA. MOTION SECONDED BY GOECKE. VOTE (Amended to limit number of boats to three) WERNER-QUADE Yes GOECKE Yes NORD Yes MAHURIN Yes GRAVELEY Yes BRYSON Yes GLICK Absent Motion passed unanimously. VOTE (Main Motion) GOECKE Yes MAHURIN Yes WERNER-QUADE Yes GLICK Absent NORD Yes GRAVELEY Yes BRYSON No Motion passed. e. P298-44 -- An application for a Conditional Use Permit for a drywall business for the property described as Lot 8, Block 6 Thompson Park Subdivision, 4005 Forget-Me-Not Road, Kenai, Alaska. Application submitted by Robert Glonek, P.O. Box 1976, Kenai, Alaska. Kebschull explained the applicant proposed to operate a drywall business from the residence which will involve storing materials and a Planning 8v Zoning Commission September 9, 1998 Page 18 ,~ box van, phone usage, etc. Kebschull thought the applicant may want to comment since the variance for the garage failed. GOECKE MOVED TO APPROVE PZ98-44. MOTION SECONDED BY GRAVELEY. Public Hearing: Tom Wagoner, 4040 Primrose Place, Kenai, Alaska. Wagoner stated he had no problem with anyone conducting business from their home but he does have concern with the conditional use permit stating materials. Waggoner wanted a better definition of materials as he didn't want to see a warehouse for sheetrock, sheetrock mud, etc. Additionally he didn't want to see trucks coming in and out delivering supplies. Wagoner reiterated, as far as a man making a living and having his tools and vehicle there he didn't have a problem with it. Peggy Gill-Thompson, 4010 Lupine Drive, Kenai, Alaska. Thompson indicated she was against any construction business going into Thompson Park. Thompson stated when she bought her property, which she struggled to buy on a poor teacher's salary, she was told the area was residential and the lots along the Spur Highway were business. On that principle she purchased the lots. Thompson continued, years ago the standard size lot was 70' wide so she purchased the lots adjacent to hers in an effort to protect the property and for sanitary reasons. Thompson stated the old timers in that subdivision really struggled to get it to where it is today. In some ways it has been improved and others it has deteriorated and she would hate to see her property value go down. Larry Waltrip, 339 Porcupine Ct., Soldotna, Alaska. Waltrip stated he owned the property next to the applicant and had no objection to a person running a business out of their home as long as it's for telephone or bookkeeping purposes, etc.; however, equipment supply storage is a concern whether it's inside or out. Waltrip added, he was concerned that if the permit is approved that hour restrictions be imposed so that equipment isn't washed down after 5 or 6 p.m. Waltrip added, he was concerned about the storage of scaffolding and other types of equipment connected with a drywall business. Waltrip continued, he's concerned that if the property is sold, the conditional use for construction type company be conveyed to the new owner. Waltrip again reminded the Commission of the letter he had included in the meeting packet. Waltrip apologized to the applicant and stated he was sorry they had to go through this procedure. Robert Glonek, 4005 Forget-Me-No Road, Kenai, Alaska. Glonek stated he is the applicant applying for the conditional use permit. Glonek wanted to clarify what equipment he had which needed to be Planning 8v Zoning Commission September 9, 1998 Page 19 stored. This consists of two sets of scaffolding, a box van, and some hand tools. With regard to materials, Glonek stated boxes of mud are approximately 1' x 1' and 20 to 30 of these would be stored at one time. Glonek stated he didn't like to store sheetrock as it's over 100 lbs. each so it's easier for him to pick it up from the store and take it straight to the job. Glonek stated in regard to washing his equipment, he would wash his private vehicles after 5 or 6 p.m. at night and his box van would probably be washed at the same time. Glonek indicated that he didn't foresee any wear and tear on their property. Bryson asked if all of the equipment would be stored in the garage. Glonek replied, that is correct. Bryson asked if there was more than one commercial vehicle. Glonek answered, no, there is only one. Graveley asked if there was an alternate plan since the variance request for the garage was denied. Glonek responded, at this point he did not know. He can go all the way to the house and still maintain the five feet. He can still build the garage but it would be more comfortable if he had a couple more feet. Graveley again asked if Glonek had an alternate plan. Glonek again replied that he did not. He added, he's a very small business and cannot afford to rent commercial property. Bryson asked if Glonek was storing material under the carport. Glonek replied that he was. For clarification, Mahurin asked if it was the intent of the applicant to still try to figure out how to build a garage since the variance was denied. This was to include storing all the material and the vehicle in the garage. Glonek replied, that was correct, even though he lost the five feet, he still has storage. Larry Waltrip, 339 Porcupine, Soldotna, Alaska. Waltrip stated there is a lot of vacant property in town and if Glonek builds a garage for the van which is oversized, and it takes 9' to 10' doors, he's going to have to build acommercial-sized garage on the lot. Waltrip is concerned about the garage being there forever and if it's a commercial looking garage, he's got a commercial operation in a residential area. Werner-Quade stated she may have a conflict of interest since she and her husband purchased rental property at 120 Fern Street in Thompson Park Subdivision. Bryson asked if there was any fiduciary connection to the Glonek project. Werner-Quade replied there was not. Bryson announced a conflict of interest does not exist. Mahurin stated this was tough because she personally supports young people opening a business. Mahurin stated she wouldn't have a problem with beginning a business and operating from a home by taking calls and maintaining records. At this point, however, Mahurin states she Planning & Zoning Commission September 9, 1998 Page 20 '~ would have to vote no because there are too many unknowns. Mahurin continued, if she knew what the plans were for a garage then she could visualize better how it would impact the neighborhood. VOTE GOECKE No MAHURIN No WERNER-QUADE Yes GLICK Absent NORD No GRAVELEY No BRYSON Yes 4 No, 2 Yes -Motion failed. Kebschull again explained the appeal process to Robert Glonek. 5. NEW BUSINESS: a. Lot 2, Block 1, Etolin Subdivision, First Addition -- Discussion and Recommendation to City Council. Kebschull referenced the memo in the meeting packet regarding the property. The Planning and Zoning Commission would need to state the property was needed for public purposes then Council could designate the land for the new public health facility. Kebschull pointed out this is the property that sits behind Country Foods. GOECKE MOVED TO RECOMMEND THAT COUNCIL APPROVE THE ORDINANCE. MOTION SECONDED BY MAHURIN. Mahurin stated that a new public health center is needed and she has supported the State and City's efforts. Mahurin thought the location was appropriate and encouraged the Commission to vote yes on the item. VOTE NORD Yes GRAVELEY Yes GOECKE Yes GLICK Absent MAHURIN Yes WERNER-QUADE Yes BRYSON Yes Motion passed unanimously. b. KMC 14.20.145 -- Recreation Zone -- Discussion Kebschull reported, as result of previous discussions on Anglers Acres and the possibility of rezoning the area to a recreation zone, she discovered inconsistencies with the Land Use Table. Additionally, Planning 8~ Zoning Commission September 9, 1998 Page 21 ~~ recommending a rezone would cause problems because the uses stated in the zone still require conditional uses for those uses typically seen in the area, specifically guiding, bed and breakfasts, hunting lodges, etc. Kebschull continued, was it the intention of the Commission to suggest a zone such as this would not require a conditional use. Kebschull stated, if the Commission did not want to look at the zone for that area, clarification is needed on the inconsistencies between the Land Use Table and the Recreation Zone. Kebschull noted the attachment included in the packet had the questionable areas highlighted. Bryson added, on the highlighted sheet there was a statement concerning residential purposes that should be highlighted as well. This being the second sentence of the first paragraph, Section 14.20.145 (a) . Bryson stated his concern is that recreation zones, although there are very few in the city, the areas where it would be appropriate there is a significant proportion of residential properties that are treated as single- family dwellings. Bryson felt to open all uses up to anon-conditional use situation has a potential of overwhelming the residences with little in the way to control them other than the broad brush of the recreation zone. Bryson did not feel that was adequate so would not be in favor of eliminating the conditional use process. Nord stated she felt the same way as there is too much happening in the City for it not to be looked at closely. Nord continued, there have been quite a few residents in residential neighborhoods that have some objections to conditional use permits so everything should remain the same. Werner-Quade asked if it was up to the Planning and Zoning Commission to change a zone or is it up to the people living in the area. Bryson replied, there are several ways of changing a zone which include Council can initiate such a zone, Planning and Zoning could request the change, or, and always the most comfortable way, is to have the residents petition for it. Mahurin stated she could never support a zone where conditional use review and application permits. Goecke stated what staff was attempting to do is to set criteria within the existing recreational zone as well as the Land Use Table and try to bring the two together. Goecke continued, at this point in time there is no way to have a recreation zone and know exactly what you were getting, regardless who instituted the application process. Graveley stated the issue will have to be faced and probably have work sessions in the future as there are obviously some conflicts with several of the Title 14 codes and the Land Use Table. This issue is being brought up more and more all the time.. If the issue isn't addressed the last sentence in the memorandum states, if the Commission doesn't want to change permitted uses in the zone, staff will proceed with an Planning & Zoning Commission September 9, 1998 Page 22 '~ amendment to clear the inconsistencies between 14.20.145, the Land Use Table and the Development Requirements Table. Graveley asked if no action is taken then staff will have to handle it. Kebschull clarified the issue was delved into because Bryson asked at one time if the residents in Anglers Acres had considered a rezone. This was during another debate in that area. Kebschull continued, she wasn't sure why the question was asked because when she reviewed the recreation zone the uses requested would not affect them in any way and they would still have the conditional use permit process. After getting into the recreation zone, Kebschull stated she noticed the various inconsistencies. Kebschull stated because these inconsistencies are noticed, an amendment needs to come back for Commission review and to decide whether or not to schedule a public hearing to correct those items. Kebschull agreed the item is being handled piece-meal and perhaps the Commission would like to consider handling them as they come upon them or start at the beginning and schedule work sessions and see if Council is amenable to the Commission going through the code. Graveley stated that since the Commission needed direction from Council and staff in how this is handled, some effort is needed by all members. The issue needs to be ironed out. Graveley stated he has had problems in the past with the wording in Title 14 and recommended work sessions be scheduled to deal with this. After a lengthy discussion it was decided the Commission would go through Title 14 in its entirety and this would be dealt with in work sessions. Kebschull suggested the issue be brought up at the joint work session with Council on September 21. It was noted that a chore this large would take a lot of staff time. 5. OLD BUSINESS: -None 7. CODE ENFORCEMENT ITEMS: a. Sycamore Circle -- Status Update Bryson pointed out the report was included in the meeting packet. 8. REPORTS a. City Council Councilman Smalley reported a copy of the agenda from the September 2, 1998 meeting was included in the packet. Planning & Zoning Commission September 9, 1998 Page 23 j Smalley reported that the Board of Adjustment hearing took place and several individuals gave comment concerning the issue. The discussions varied from the desire to have no development at all to single family units only. Smalley reported the Board of Adjustment will have a decision within 30 days. Items C-1 through 5 were passed. The ARFF Grand Opening ceremony is scheduled for October 23, 1998. Item D-1, Council on Aging. Smalley stated that discussion took place on changing the residency requirement from one year to 30 days. Item D-4, Emily DeForest rendered her resignation which will be effective on December 31, 1998. Item H-6 was approved. Item H-7 was a change order for the steel posts to go into the ground protecting the fire hydrant from being ran into. Item H-8 terminated the lease with SouthCentral Air. SouthCentral Air is in arrears for landing fees and terminal rental fees but they are on a schedule. Item H-9 and 10 was approved. Item H-11 was referred to the Airport Commission for further review. A work session is scheduled for September 21 at 7:00 p.m. with the City Council, Historic District Board, and Planning and Zoning Commission. Goecke asked about item H-4 which appropriated $100,000 for an Airport Expansion and Development user Interest Survey. Smalley explained this is for a contract with Jim Carter who will do some research to determine the feasibility of expanding the existing runway or potentially an additional runway that will be designed to take heavier cargo plans. Anchorage will reach its maximum capacity within ten years and there may be some potential for the City of Kenai to handle the overflow. b. Borough Planning No report - no meeting held. c. Administration No report. 9. PERSONS PRESENT NOT SCHEDULED: Mark Schrag, 312 Princess, Kenai, Alaska referenced Goecke's statement regarding criteria to follow and it is one of the things that has upset him because it seems that the Commission hasn't followed any criteria. An example is the MAPS area hearing which was a very volatile issue. Two Planning & Zoning Commission September 9, 1998 Page 24 -} Commissioners were absent and the vote should have been delayed and that wasn't followed. Schrag stated to his group that was a slap in the face. Schrag continued, even just tonight with the amended request, the criteria dictates that he reapply to allow for public comment again. Schrag states if that is the criteria then the Commission needs to follow it. Schrag stated he applauds the Commission's effort to try to iron out the problems with the conditional use issue and he hopes public input can be made along the way or else the Commission will not avoid the fire storm. Schrag hoped everyone could work together. Smalley advised Schrag all work sessions are open to the public. The notices are published in the newspapers. Smalley suggested more people get out on these issues. Schrag stated he understood and asked if the public could give input at the work sessions. It was noted it was up the Chairman and most work sessions are informal with no minutes taken. 10. INFORMATION ITEMS: a. KPB Resolution 98-30 11. COMMISSION COMMENTS AND QUESTIONS: Commissioner Mahurin stated while the work sessions are open to the public and minutes are not kept it's a good time to sit and observe and then go to a Council meeting or Planning and Zoning meeting where official minutes are kept. Mahurin asked for clarification on the work sessions coming up. It was noted there is one on September 21 with Council, Planning and Zoning and the Historic District Board. It was also noted Title 14 would also be discussed. Smalley stated there will be work session scheduled on September 30 at the Council Chambers at 7:00 p.m. to discuss capital projects. There will also be one in October after the election to discuss how to replace Board members on commissions and/or committees. Mahurin stated an easy way out of the Title 14 would be to have Council reverse their action to the Land Use Table the Commission recommended in the first place. Mahurin also stated she did have to say the Commission worked so hard on the original draft of the Land Use Table. Mahurin addressed Goecke and stated her Wednesday nights will never be the same since he wouldn't be at the next meeting. Mahurin stated when she is in town she will share her Wednesday evenings with the Planning and Zoning Commission. Planning 8v Zoning Commission September 9, 1998 Page 25 `~ 12. ADJOURNMENT: GRAVELEY MOVED TO ADJOURN. MEETING ADJOURNED AT 9:45 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Planning 8a Zoning Commission September 9, 1998 Page 26