Loading...
HomeMy WebLinkAbout1998-09-23 P&Z MinutesAMENDED AGENDA CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS September 23,1998 - 7:00 p.m. http://www. ci.kenai. ak.us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: September 9,1998 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: 4. PUBLIC HEARINGS: a. PZ98-40--A resolution amending KMC 14.20.150 -Conditional Use Permits (Continued from 9/9/98) b. PZ98-45 (PZ88-17)--An application to amend Conditional Use permit PZ88-17 to include guiding for the property described as Lots 4 and 5, Angler Acres Part 3, 1035 & 1045 Angler Drive, Kenai, Alaska. Application submitted by James H. Cowan, 29243 Pacific Coast Highway, Malibu, CA 90265. 5. NEW BUSINESS: a. Street Name Changes -Discussion regarding changing post-directionals to pre- directionals, i.e. Willow Street North to North Willow Street b. Planning & Zoning -Title 14 Revisions 6. OLD BUSINESS: 7. CODE ENFORCEMENT: a. 518 Pine -Wee Folks Daycare -Operating without a Home Occupation Permit 8. REPORTS: a. City Council b. Borough Planning c. Administration '~ Planning & Zoning Commission Page 2 Agenda September 23, 1998 9. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: a. Memo to City Clerk regarding September 21, 1998 Work Session Agenda b. Letter to Karen Mahurin dated September 17, 1998 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: ~ CITY OF KENAI PLANNING AND ZONING COMMISSION September 23, 1998 - ?:00 p.m. Chairman: Carl Glick *** MINUTES *** 1. CALL TO ORDER: Chairman Carl Glick called the meeting to order at 7:00 p.m. a. Roll Call Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Barb Nord, Karen Mahurin, Art Graveley Members Absent: Ron Goecke Others Present: Councilman Hal Smalley, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper b. Agenda Approval Graveley requested the memo handed out prior to the meeting regarding P&Z Title 14 be added under New Business, Item 5.b. MAHURIN MOVED TO APPROVE THE AGENDA AS AMENDED AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY GRAVELEY. AGENDA WAS APPROVED WITH THE ADDITION. c. Approval of Minutes: September 9, 1998 NORD MOVED TO APPROVE THE MINUTES OF SEPTEMBER 9, 1998. MOTION SECONDED BY MAHURIN. VOTE BRYSON Yes GOECKE Absent MAHITRIN Yes GLICK Yes WERNER-QUADE Yes NORD Yes GRAVELEY Yes MINUTES OF SEPTEMBER 9, 1998 WERE APPROVED AS WRITTEN. Planning 8v Zoning Commission September 23, 1998 Page 1 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 3. CONSIDERATION OF PLATS: -None 4. PUBLIC HEARINGS: a. PZ98-40 -- A resolution amending KMC 14.20.150 -- Conditional Use Permits (Continued from 9/9/98) GRAVELEY MOVED TO APPROVE PZ98-40. MOTION SECONDED BY NORD. Chairman Glick opened the Public Hearing and asked that testimony be limited to three minutes unless it is a prepared written statement. Those given testimony were asked to state their name and address for the record and sign the sheet provided on the podium. Verbatim Begins Debbie Sonberg, 410 Cinderella Street, Kenai, Alaska. I never have to turn a mic up to me. Um.. Am I supposed to sign in here as well? Glick: Please. Sonberg: Okay. Let's see, and today's date, that's not in that. Okay, my name is Debbie Sonberg and I reside at 410 Cinderella Street here in Kenai and ah... I would like to see this particular portion postponed and handled in total with the ah... Mr. Graveley's suggestion for the new business item because I think the whole thing needs to be considered as a complete package. Last week, someone mentioned that the wording for the... this particular change came from Seward's wording in their zoning code and I have a copy of Seward's zoning code. I hope that all of you have looked into that and maybe reviewed what Seward has in their zoning code. Ah.. particularly their land use table is significantly different that ours. I think maybe it started out being significantly similar prior to the changes made about a year ago but they have a lot of blanks on their land use table and their blanks say specifically, on their Planning & Zoning Commission September 23, 1998 Page 2 ~~ land use table, that they are intended to be interpreted as not approved. Seward's wording for this particular code item is more flexible than the one we have right now but their land use table is much stricter than ours, much more rigid in what could be allowed and what couldn't be allowed and of all of the public hearings that I've sat in on and read about for conditional uses that this Commission has considered over the past few months, not one of them would have been considered appropriate to even apply for a conditional use permit in Seward. So I think taking Seward's wording and applying it to our land use table isn't really an appropriate measure either and, again, I'd like to strongly suggest that this item um.. be tabled and dealt with along with the zoning code as a whole because I think that's the way it needs to be handled. Thank you. Glick: Okay. Thank you. Anyone else in the public wishing to speak to this item? Mark Schrag, 312 Princess, Kenai, Alaska. Ah... my name is Mark Schrag at 312 Princess and I just support what Debbie said too and didn't like it, it shouldn't be... we're talking about rev... reviewing some of this... visiting some of these things... that now isn't the time to go ahead and.. and open it up wider for this, so... that's all, I just... yeah, I hope you would table it or... or defeat it. Glick: Okay, thank you. Anyone else in the public wishing to speak to this item? (Sonberg requested to speak again from the audience, Glick gave permission) Sonberg: For the record it's Debbie Sonberg again. I also have a copy of the Palmer's zoning code and Petersburg zoning code and these same issues that have come up here the past few months would also not have been allowed in their cities either. So I think our city is definitely taking a trend this past year that you don't find in the other cities and Petersburg, in the last seven years, has only had one appeal to the Council, over the Commission's head, so to say. It was approved by the Council, you know, the appeal was approved and upheld. They've got an air-tight system and I think it would be good to look at some of these other city systems finding out what's working and what's not working and try to apply some of those here as well. Glick: Okay. Is there anyone else in the public wishing to speak to this item? Seeing none, bring it back to the Commission. Verbatim Ends Planning & Zoning Commission September 23, 1998 Page 3 Mahurin expressed concern with the proposed amendment, particularly under D. 2, under review criteria for the language still says the value of the adjoining property. Mahurin continued, it concerns her that a conditional use permit be viewed only as having an impact on the adjoining property where, in her opinion, it could have a significant impact on an entire neighborhood. Mahurin thought Sonberg brought up some good points and reported that she talked with Sonberg since at the last Planning and Zoning meeting. Mahurin stated since the Commission is intending to review the entire Title 14 it would be her recommendation that maybe it's time to take issue and look at other cities. Mahurin also stated that she appreciates the time that staff puts into giving the information they compile but maybe it is time that other cities' zoning codes be gathered and reviewed, particularly on the controversial conditional use permits. Mahurin indicated she would be voting "no" on the item. Bryson asked if there would be any significant difference if the term "adjoining property" were expanded to include the neighborhood? This would be similar to the value of the property in the neighborhood is not significantly impaired. BRYSON MOVED TO AMEND THE MAIN MOTION, ITEM 14.20.150, D-2 TO READ "THE VALUE OF THE ADJOINING PROPERTY AND NEIGHBORHOOD WOULD NOT BE SIGNIFICANTLY IMPAIRED AND THE PROPOSED USE IS IN HARMONY WITH THE COMPREHENSIVE PLAN." MOTION SECONDED BY NORD. Mahurin stated she didn't remember the discussion held last meeting regarding the development, extraction of natural resources and surface extraction. Mahurin indicated she didn't see anything about that in the proposed amendment. Mahurin asked if it was moved or something. Kebschull stated the City Attorney did that because it's covered under its own section of the code under 151, so it's in the next section of the conditional uses. Mahurin asked if the language under 151 remain the same. Kebschull replied, a recommendation for modification is not being made to 151. VOTE (Amendment) WERNER-QUADE No GOECKE Absent NORD Yes MAHLTRIN Yes GRAVELEY Yes BRYSON Yes GLICK Yes Motion passes. Werner-Quade referenced the current code, 14.20.150, under 1, ii., "Such uses must be in harmony with the intent of the zone." Werner- Planning & Zoning Commission September 23, 1998 Page 4 ~) Quade indicated she brought the issue up at the last meeting in relationship to D-2., second line, "proposed use is in harmony with the Comprehensive Plan," Werner-Quade would like the second sentence of D-2 of the proposed amendment to read, "proposed use is in harmony with the Comprehensive Plan and with the intent of the zone." Werner- Quade stated this would bring both issues together. WERNER-QUADE MOVED TO AMEND THE MOTION TO CHANGE THE SECOND SENTENCE OF ITEM D-2, TO READ "PROPOSED USE IS IN HARMONY WITH THE COMPREHENSIVE PLAN AND WITH THE INTENT OF THE ZONE." NORD SECONDED FOR PURPOSE OF DISCUSSION. Werner-Quade her main reason for recommending the change was to somehow bring harmony to the intent of the zone. Bryson stated he felt quite often the Comprehensive Plan does not agree with a given zone and the best example would be the Anglers Acres area where conditional uses are presumed to be appropriate since they've been approved. It's not specifically the intent of the zone to provide that and those situations would meet the test. Mahurin asked if it would be acceptable under D-1, which states, "the use is consistent with the purpose of this chapter...." Mahurin thought the last part of the paragraph could be changed to read, "...and the purposes and intent of the zoning district." Werner-Quade agreed that would be better and stated she would hate to lose the intent of the zone and moving the comment up under D-1 would solve the dilemma. Glick confirmed the amendment proposed by Werner-Quade and noted D-1 would say "the use is consistent with the purpose of this chapter and the purpose of and intent of the zoning district." This takes the place of Werner-Quade's first amendment. Bryson asked staff if this would essentially read the same as the Administration's intent. Kebschull thought the terms "purpose and intent" could be interchanged, and therefore didn't think it would modify the attorney's suggestion. VOTE (Amendment) NORD Yes MAHURIN Yes GRAVELEY Yes BRYSON Yes WERNER-QUADE Yes GOECKE Absent GLICK Yes Motion passed unanimously. Planning 8v Zoning Commission September 23, 1998 Page 5 `j MAHURIN MOVED TO POSTPONE PZ98-40 FOR TIME CERTAIN WHICH MEANS WHEN IT IS BACK BEFORE THE COMMISSION AS PART OF THE RE-WRITE OF TITLE 14. SECONDED BY GRAVELEY. VOTE MAHURIN Yes GRAVELEY Yes BRYSON No WERNER-QUADE No GOECKE Absent NORD No GLICK No Two Yes, 4 No, Motion failed. Bryson stated he felt addressing a section of Chapter 14, such as Conditional Use Permits could be done in several months and thought addressing the entire Title 14 would take in excess of a year. He added, there are sufficient items in the conditional use section needing correction and they should be corrected as soon as reasonably possible. Bryson indicated that was why he opposed the postponement. Werner-Quade concurred with Bryson's comments and stated that was why she voted the way she did. Werner-Quade continued, she believed the volume of conditional use permits that come before the Commission warrant the definition to be updated and accepted as quickly as possible. Glick stated he wasn't present for the last meeting and didn't hear all the public comment. He did, however, read the minutes very carefully. Glick pointed out he read the proposed amendment very carefully as well and compared it to the current one. Glick continued, in his opinion it hasn't been made easier to get a conditional use permit, however, the process of obtaining a conditional use permit has been clarified and brought in line with what was done in the past in the land use table. Mahurin stated she had supported the amendments made at this meeting in the event it passed. Mahurin continued, she learned during her tenure in Planning and Zoning that as one small thing is changed, there is an impact somewhere else. She added, it made logical sense to her to hold off on the item since it was agreed that the entire Title would be looked at rather than having to amend something again. Mahurin added, she thought the whole thing needed to be reviewed so that when things are rewritten they are not piece-mealing. This item is being done because of the Land Use Table. Mahurin stated she would like the Commission to be more professional and together and look at the whole thing and not have to mix apples and oranges. Mahurin indicated she would vote "no." Planning & Zoning Commission September 23, 1998 Page 6 j Graveley stated he voted "yes" on the postponement but would vote "yes" for the amendment because he felt it was needed. However, this should not cloud or discourage the necessary changes needed in Title 14. Glick recommended that the public really get involved when the work sessions are held with Council on Title 14 and not wait until the Commission is ready to pass the recommended changes. Glick encouraged the public to attend the work sessions and give input at that time. Nord stated she voted to postpone this item at the last meeting as she thought more public input was needed. Nord pointed out the issue was re-advertised and less people are in attendance at this meeting. Nord agreed the proposed changes are needed due to the problems encountered in the past. Nord added, she would vote "yes" on the amendment. VOTE (Main Motion) GRAVELEY Yes BRYSON Yes WERNER-QUADE Yes GOECKE Absent NORD Yes MAHURIN No GLICK Yes Motion passed. b. PZ98-45 (P288-17) -- An application to amend Conditional Use Permit PZ88-17 to include guiding for the property described at Lots 4 and 5, Angler Acres Part 3, 1035 8b 1045 Angler Drive, Kenai, Alaska. Application submitted by James H. Cowan, 29243 Pacific Coast Highway, Malibu, CA 90265. NORD MOVED TO APPROVE PZ98-45. MOTION SECONDED BY WERNER-QUADE. Jim Richardson, 1015 Angler Drive, Kenai, Alaska. Richardson reported he was the property owner two doors down from the CUP applicant. Richardson stated he also requested the city review the issue in his August 5 letter. Richard explained, the reason he requested the City review the matter to accomplish two purposes. The first, because the operation of the Beaver Creek Lodge had not been operating in a manner which was consistent with the conditional use permit granted in November 1988. Richardson continued, as of the summer of 1989 he observed that guiding was a central component of the operation of the facility and particularly given the Commission review of the proposed new application. He added, he felt it important for the Commission to understand what operations were actually occurring at the Beaver Creek Lodge. Planning 8s Zoning Commission September 23, 1998 Page 7 Richardson stated he reviewed the staff recommendations on the issue and was dismayed with two components of it. One was the recommendation that guiding be allowed and a limit be set at six. He and others in the neighborhood don't have a problem with reasonable levels of commercial activity but they aze looking for some sort of balance and this level of activity represents that sort of balance. Richazdson pointed out that during the peak of the season, guides take out two sets of anglers. If there aze six guides operating out of the property then there would be a potential of people going out with five anglers, twice a day which totals 70 people plus the activities associated with the people staying at Beaver Creek Lodge. Richardson felt that was too much and pointed out that he could live with a maximum of three guides and asked the Commission not agree with the staff recommendation of six guides. Richardson continued, the second component of his concern was the statement of staff that the water quality issues were the purview of the DEC, therefore, they would just acknowledge that it was their problem. Richardson pointed out he noted in his letter that DEC is basically an organization that has been gutted and they are not doing that type of work anymore and will not be in the future. Richardson continued, if local governments don't deal with these issues where there are known problems then nobody else would. Richardson stated he was not representing himself as an expert on water and sewer but he did a seazch with DEC and cited the authorizations that commercial activities are required to have engineered systems that are registered with DEC whether they be septic field system or a holding tank system. Richardson reported the operator and property owner do not have that registration so are in violation of DEC standazds. Richardson requested in his letter that if the amendment is approved, the operator be required to meet DEC requirements. Richardson pointed out this is consistent with an action the Commission took in 1995 in a similar proposed amendment from the owner of the Beaver Creek Lodge. It was approved by the Commission but their proposed amendment was voted down so it didn't become effective and they didn't ever change their operation from Richazdson's standpoint. Richazdson continued (referring to Bryson's comments and discussions in the August 12 meeting) it was stated by one or two Commissioners the Angler Drive area should be considered for recreation zoning. Richazdson stated, he thought the azea, because of the narrow width of ' the lots and the fact that they aze very low lying and have poor drainage, would be extremely difficult to allow high-level recreation development in that azea. Richardson continued, looking at the requirements for set- asides and setbacks for DEC uses and the level of DEC standards, it Planning 8s Zoning Commission September 23, 1998 Page 8 requires setbacks of 150 to 200 feet and with a 100 foot lot it would not be possible. Without water and sewer service to that area, it cannot comply with the requirements. Richardson reiterated he didn't have a problem with a reasonable level of commercial activity in the area but he asked the Commission strive for a balance on the issue. Richardson thanked the Commission for the opportunity to comment. Clinton Coligan, 1025 Angler Drive, Kenai, Alaska. Coligan introduced himself as the operator and resident at the address Richardson questioned. Coligan reported he has been conducting business there since 1986 and the operation hasn't changed other than being down-scaled today from what it was several years ago. Coligan stated he thought Richardson's comment regarding six boats was ludicrous as he had stated at the August meeting, he has only four boats, of which two are power boats that go in the Kenai River. The other two boats are drift boats that don't stay on the property. Coligan continued, Richardson made the comment they guide about 70 people per day when in reality the average number is actually five people per day leaving Beaver Creek Lodge in one power boat. Coligan again stated he has two registered, legally licensed power boat guides on payroll. One of these guides made a total of $4,000 and the other made $2,000 this year. Coligan added, his is being run identically today as it was 15 years ago when the property was purchased as an existing lodge. The system works very well. Coligan referenced Richardson's comments regarding the lot sizes and the distances of 100 feet and reported he owns property that stretches for two to three acres and entails and covers much, much, much more than 100 feet. Coligan stated his reason for being at the meeting was to defend having a legal guide at Beaver Creek Lodge. Coligan continued, he is there and has been there since 1986. Coligan reported he operated without any violations and feels they conduct a very good business. Glick asked Coligan if he would have a problem if the number of guides were limited to three. Coligan replied, he'd have absolutely no problem since he has always operated only three guide boats. Public hearing closed. MAHURIN MOVED TO AMEND PZ98-45 BY ADDING THAT THERE BE A LIMIT OF THREE GUIDES AND THAT THE OWNER PROVIDE PROOF OF MEETING DEC REQUIREMENTS. MOTION SECONDED BY WERNER-QUADE. Planning & Zoning Commission September 23, 1998 Page 9 Mahurin stated a precedence has been set by passing conditional use permits that do limit the number of guides. Mahurin continued, under the language of conditional use permits the issues of health and safety to the public are discussed. Although Mahurin realizes that Planning and Zoning has no authority over septic tanks, etc., in that area, however, the Commission has a concern and all that is being asked is for proof the owner is meeting the requirements of the law in regards to DEC regulations. Mahurin encouraged the Commission to support the amendment. Werner-Quade stated in addition to Mahurin's comments it appeared that on the 1995 conditional use permit application, the Commission had actually required the owner to show that the waste water systems did conform to DEC. Werner-Quade asked if that was ever submitted. Kebschull pointed out that the 1995 permit was not approved. Kebschull continued, the owner asked to modify the lodge to increase the size of the building and it was denied. Had it been approved, however, it would have been a requirement. Graveley asked for clarification on the number of guides and asked if it was for three guides for two docks. Mahurin replied, they are limiting the number of guides to three for two docks. Bryson asked if the intent of the motion regarding DEC was to require the owner to provide proof of approval by DEC. Mahurin answered, yes. Bryson stated there are situations where DEC approves waivers for given situations which are commonly different for the bare criteria for specific distances and felt it's reasonable to require a system that's approved by DEC but not necessarily the specific criteria. Bryson continued, for example, DEC may require 150 feet from a Class C well clearance but an engineer may make the argument that 128 feet provides adequate protection from the water supply and protects the ground water. They then get a waiver approval based on that information. Mahurin pointed out her motion strictly states that the owner would provide proof of an approved DEC system. If there is a waiver, it would mean it had been before DEC for approval. The intent was not to change the criteria for DEC but was to have the owner provide proof that DEC approved the system. Nord stated there were two issues in the amendment which called for the limit on the number of guides and the DEC approval. Nord stated because of how the amendment is worded she would vote against the amendment. Nord continued, if the issue was split she would be more inclined to vote yes on one and no on the other. Planning & Zoning Commission September 23, 1998 Page 10 Mahurin stated she was willing split the items with the approval of the second. Werner-Quade approved splitting the items in the motion. Glick clarified there were two amendments then, one to limit the number of guides, the other showing proof of DEC approval. VOTE (Limit of Guide Boats) GRAVELEY Yes WERNER-QUADE Yes NORD Yes GLICK Yes Motion passed unanimously. VOTE (Proof of DEC approval) BRYSON No GOECKE Absent MAHURIN Yes GLICK No 2 Yes Votes, 4 No, Motion failed. BRYSON Yes GOECKE Absent MAHURIN Yes WERNER-QUADE Yes NORD No GRAVELEY No Mahurin stated she was disappointed in the Commission's vote and felt it necessary to make that statement prior to voting on the main motion. Mahurin continued, so much time has been spent on conditional use permits and Anglers Drive, hearing first hand from property owners who have tides that flood their septics. All the motion was asking for was proof of an approved system. Mahurin referenced Conditional Use Permits, which states, "the proposed use will not be harmful to the public safety, health, or welfare." Mahurin continued, she would vote against the main motion. VOTE (Main Motion) WERNER-QUADE Yes GOECKE Absent NORD Yes MAHURIN No GRAVELEY Yes BRYSON Yes GLICK Yes Motion passed. 5. NEW BUSINESS: a. Street Name Changes -- Discussion regarding changing post- directional to pre-directionals, i.e, Willow Street North to North Willow Street. Planning & Zoning Commission September 23, 1998 Page 11 Kebschull reported when the Borough sent a request to the City to review street names to identify duplicates, etc., for the Enhanced 911 System they suggested that suffixes, prefixes, etc., be changed at the same time. The Commission passed the street names, which were South Willow Street, North Willow Street, etc. Sometime between the time they were approved and when it went to Council, it was changed. This was an error but Council passed an ordinance with the directionals as suffixes. The Post Office has stated that people are not going to say "Willow Street South," regardless of what the street sign says or what the legal ordinance says and would continue to refer to the streets by their prefixes. Kebschull continued, staff believed it was a good time to fix the problem adding, this would not require any address changes. However, it would require a public hearing and a resolution at the Planning and Zoning stage and a public hearing at Council. Kebschull noted the cost would be minimal as the City produces their own street signs. Staff is aware of about 12 streets at this time and if it is decided to pursue this, each street will be checked to make sure there aren't any other ones that are affected. The Commission agreed to go ahead with a public hearing. Kebschull will schedule it and noted that it probably won't be until the second meeting in October. This will allow staff the time to review all the streets. b. Title 14 Graveley pointed out a memo was provided to the Commissioners regarding Title 14 and the need for changes. Graveley also pointed out the purpose was not to rewrite Title 14 but to bring it into compliance. Graveley continued, there are a lot of subtle items within Title 14 that need to be addressed and possibly changed. Graveley stated the only way he can see accomplishing the task is with work sessions. He urged Commissioners to review the list he compiled and compare it to the Code and some of the issues will be apparent. Graveley thanked Kebschull for her help and gave her credit for the amount of work she has given him. Smalley reiterated Council would be in support of joint work sessions but they would not be held until after elections in October. Smalley thought the work sessions would start sometime between October, November, December or before the New Year. 6. OLD BUSINESS: -None 7. CODE ENFORCEMENT ITEMS: Planning & Zoning Commission September 23, 1998 Page 12 a. 518 Pine -- Wee Folks Daycare -- Operating without a Home Occupation Permit. Kebschull reported the City had not heard anything from the operator and the City Attorney sent a notice she had seven days to either apply for a Home Occupation Permit or a Conditional Use Permit. If no response is received then the City Attorney will file the appropriate papers with the court to have her cease operation and/or be fined. 8. REPORTS a. City Council Councilman Smalley reported a meeting was held on September 16, 1998 and a copy of the agenda was included in the meeting packet. Items C-1 through C-6 were passed with unanimous consent. The one item that bought some discussion was item C-2, the ordinance to appropriate $100,000 for the study for expansion and development of the airport. Smalley reported the actual contract was not dealt with that night as the individual the City will be working with was ill and he asked the matter be postponed. There were also some additional modifications to the contract. Smalley reiterated this is FAA money and can only be used for airport needs. Items 7 and 8 were passed unanimously. Item H-3, the change to Vintage Pointe residency requirement was tabled to the next meeting. Discussion is taking place changing the year residency requirement to 30 days. Smalley reported there is ongoing discussion within the City to bring another retail outlet into town; specifically Sears. The old Kenai Mall is being remodeled to house State offices. Smalley reported there will still be a large portion of the building left vacant. Smalley stated that he appreciated the Commission attending the work session on September 21, 1998. Some good direction was given with regard to the Historic District Board. On behalf of the City Council, Smalley thanked Mahurin for her diligence. Smalley added, they didn't always agree on issues but they did agree to disagree. In any event, Mahurin was a fine addition to the Planning and Zoning Commission and will be missed. Smalley wished Mahurin well. Planning 8v Zoning Commission September 23, 1998 Page 13 b. Borough Planning Bryson reported a meeting was held on September 14, 1998. The consent agenda was approved as submitted. Under public hearing items there was a petition to vacate a portion of a seismograph trail in the plat that was originally filed by the Ninilchik Native Association on the large tracts. The original plat was a paper plat and was not surveyed. The argument at the time by that Association's surveyor was the plat met the requirements of the State law providing rights of way and these were provided by seismograph trails that were dedicated. By the nature of seismograph trails they come through at angles and they're not aligned northerly and easterly. The applicant was petitioning to eliminate a seismograph trail that goes through one of the lots and realigns it around a nominally square tract. This situation would occur on many of those tracts. There were numerous individuals who protested the petition and as a result, the item was postponed to the Borough's second October meeting pending discussion between interested groups. The second item was a petition to vacate a portion of a public right of way in Bayview Gardens. This was approved. There were several options available. Item 3 was a petition to vacate. public recreational use. Bryson explained, this was a requirement on the face of the plat and it was felt it had to be eliminated. This is the site of the new hospital improvements that are going in Homer. This was passed unanimously. Item 4 was a petition to reclassify 23.3 acres of land along the west side of Kalifornsky Beach Road. This is the Old Village and includes the old cemetery and it is proposed to be transferred to the Native Association. They've indicated that it will be managed in an appropriate way for the property. Item 5 would delegate to the City of Seldovia the power to provide zoning regulations and was recommended to be approved. The remaining items were approved and consisted of minor building setbacks. There were 25 plats to come before the Plat Committee, however due to the magnitude of the review, they were moved to another day. c. Admiaistration Kebschull apologized the Borough report was not copied accurately and asked members to give her a call should they want a complete copy. Planning & Zoning Commission September 23, 1998 Page 14 9. PERSONS PRESENT NOT SCHEDULED: Mark Schrag, 312 Princess, Kenai, Alaska stated he didn't understand what changed with the passage of the conditional use permit code and wanted to know how that would tighten things up. Schrag demanded examples be given as he wanted to know how it would affect those items that were changed recently. Schrag pointed out there was a legal opinion by a lawyer that said it was a bad way to go and that it was going to make it easier. Glick responded the amendment would not make it easier to get a conditional use permit, but would simply make it easier to understand and bring it more in compliance with what was done in the Land Use Table because of the conflicts there. Kebschull added staff's concerns were those that were voiced about the inconsistency with regard to principal uses and that would not allow conditional uses in those zones. This was not the intent of the Land Use Table so staff wanted clarification. Additionally, staff wanted it to be more specific as to the requirements for an application such as Item 2, "verification by the owner of property concerned if other than applicant." Kebschull stated the City had just been doing that, however it was not required in the code. Anyone could come in and apply for a conditional use permit even if they weren't the owner of the property. The amendment allows the individual to be the owner or provide proof. Kebschull reiterated, neither the application process nor the review is any easier. It just clears things up. Schrag stated that was a different interpretation because to him a barrier was taken away. Schrag also stated that was the crux of the whole problem. He continued, the reason there was so much dissent or disagreement was because the two plans, the intent of the zone and the Comprehensive Plan, aren't close enough together. Schrag wanted to know which one would take precedence. Schrag added, he didn't understand the DEC vote as they were just asking the applicant to do compliance to something that is already out there. Schrag continued, it seemed pretty simple to him since it wasn't asking for anything new; just asking for compliance for what is there. Schrag added, the Commission says come to us with your input and the reason people eventually don't come with input is because the Commission has to listen at some point. Schrag stated his neighborhood came to the Commission with 90% and they weren't listened to and it gets discouraging. Schrag reiterated that they had 30 people there and the Commission blew them off and that's why they are discouraged. 10. INFORMATION ITEMS: a. Memo to City Clerk regarding September 21, 1998 Work Session Agenda. b. Letter to Karen Mahurin dated September 17, 1998. Planning & Zoning Commission September 23, 1998 Page 15 11. COMMISSION COMMENTS AND QUESTIONS: Commissioner Werner-Quade stated Mahurin will be sorely missed as she was one who has had considerable input to the Commission and often her comments were so needed and necessary. Werner-Quade stated that Mr. Coligan needed to amend his CUP in order to come into compliance as he had been guiding without the Commission's permission and the limit of three guides is appropriate. She added, that's why she voted to amended the CUP. Werner-Quade continued, she is saddened that fellow Commissioners do not believe that environmental concerns in the immediate area do not warrant a more in-depth search. When the Commission, as a body, turn a blind eye to the possible and probable pollution of one their finest resources, it was her opinion the Commission appeared draconian and in serious error. Commissioner Graveley asked Councilman Smalley how firm Council was on the reformatting of the Code. Smalley replied, the process begins with Planning and Zoning but didn't think that Council would be in objection. Smalley continued, as the City grows they find there are other areas of the Code where there are either conflicts or it's outdated. Graveley stated he wasn't concerned with the content of the code but how it is formatted or its layout. Smalley reiterated there shouldn't be any objection to looking at a reformatting. Graveley stated he understood this is already being done. Smalley thought that it is being done by staff. Kebschull responded Council appropriated funds to have the Code revised and reformatted by an outside company. Kebschull added, the work is currently being done and what Graveley is questioning is whether a new format for the code has been chosen and whether or not it's been reviewed by Council. Smalley said it hadn't been reviewed it was just brought to Council's attention by the City Attorney that the process is beginning. Smalley reiterated there won't be any changes just a reformatting. Kebschull noted the new format would be a two column layout. Graveley asked that Council grant the Planning and Zoning Commission the opportunity to review and/or comment on the new format and/or other formats before approval is made. Graveley noted that he didn't care for the new format as it's not a whole lot different from the current code and isn't conducive to the business. Smalley stated, again council would rely on the administrative input they receive in making that decision. Smalley would make that request to Council. Commissioner Nord referenced the amendment to the conditional use permit that came before the Commission. She added, it was her understanding this amendment was strictly to allow for a guiding business and had nothing to do with DEC. That is why she voted against the DEC item. The other reason was, being a Realtor, she was aware of some of the requirements of DEC and the two-acre lot was at least 200 feet wide and 400 feet deep and there certainly Planning & Zoning Commission September 23, 1998 Page 16 was a way that this gentlemen could get his separation distance. Additionally, as Bryson pointed out, even if he could not, DEC could make a determination and provide a waiver for the situation. Nord continued, the Commission had just heard testimony that it may not be in compliance with DEC but that does not mean that they would not meet the requirements of DEC. Nord added, the Commission is not a policing body and cannot tell somebody they must be in compliance with another body and that was another reason she voted against the DEC requirement. Nord encouraged City Council to schedule the work session on Title 14 as soon as possible. Commissioner Bryson explained, the action taken on the conditional use permits effectively makes recommendation to Council. There will be hearings at the Council level before it's adopted. Bryson encouraged those who feel strongly about it to attend the meeting. Commissioner Mahurin stated she leaves with sadness as she enjoyed her time with Planning and Zoning. Mahurin thanked everyone for the time they give and even though it can be a thankless job and a lot of time is spent soul- searching and researching and the Commission does a tremendous amount of work, she just wanted everyone to know she appreciates the job. Mahurin continued, on a personal level the Commission has indulged her and her sense of humor and put up with her and she appreciates that too as she looks at everyone as friends and as Smalley said, they don't always agree but agree to disagree. Mahurin expressed her appreciation to Kebschull and Roper. Kebschull has been a tremendous help. Mahurin stated she hated to lose Roper but she understood she's going to greener pastures. Mahurin hoped the public would continue their input as it is easy to get disenchanted with what is perceived as government. However, Mahurin stated she believes in the process and it works and she encouraged the public to keep following by making sure there are people put into place that would also follow the process. Mahurin encouraged the public to keep coming to the public hearings and noted she will too as she is a property owner and resident in Kenai. Chairman Glick stated the Commission will miss Mahurin as she brought up a lot of good issues that personally made him think a lot of times about what was going on and sometimes he changed his mind. Commissioner Bryson asked Roper if this was going to be her last meeting. Roper replied that it was. Bryson thanked Roper for the work noting it was appreciated. Glick also stated that the Commission appreciated the work. Planning & Zoning Commission September 23, 1998 Page 17 Councilman Smalley, on behalf of the City Council, thanked Roper for the services and the efforts. 12. ADJOURNMENT: MAHURIN MOVED TO ADJOURN. MEETING ADJOURNED AT 8:20 P.M. Respectfully submitted, ~~ ~ ~ Barbara Roper, C n act Secretary Planning 8v Zoning Commission September 23, 1998 Page 18