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HomeMy WebLinkAbout1998-10-28 P&Z MinutesAGENDA CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS October 28,1998 - 7:00 p.m. http://www. ci.kenai.ak.us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: October 14,1998 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. PZ98-49--Preliminary Plat--Spruce Grove Subdivision -Murphy's Replat 4. PUBLIC HEARINGS: a. PZ98-50--An application for a Conditional Use Permit to operate a Bed & Breakfast for the property described as Government Lot 176 (101 Highbush Lane), Kenai, Alaska. Application submitted by Rita Botelho, P.O. Box 615, Kenai, Alaska. b. PZ98-51--An application for a Variance Permit for rear yard setbacks for the property described as Lot 1-A, Spruce Grove Subdivision, Hales Addition, 1806 4th Avenue, Kenai, Alaska. Application submitted by Marlena Murphy, 1806 4th Avenue, Kenai, Alaska. c. PZ98-52--An application for an Encroachment Permit for the side yard for the property described as Lot 1-A, Spruce Grove Subdivision, hales Addition, 1806 4th Avenue, Kenai, Alaska. Application submitted by Marlena Murphy, 1806 4th Avenue, Kenai, Alaska. d. PZ98-53--a resolution of the Kenai Planning & Zoning Commission recommending to City Council the changing of certain existing street names. Streets include those streets whose pre-directionals were changed to post-directionals in 1996. For example, Willow Street North would be changed to North Willow Street. e. PZ98-54--a resolution of the Planning & Zoning Commission recommending the Kenai Municipal Code at 12.25.030 be amended to set clear standards for what constitutes a junk vehicle. 5. NEW BUSINESS: a. PZ98-56--Landscape/Site Plan Review--8080 Kenai Spur Highway. Application Planning & Zoning Commission Page 2 5 Agenda October 28, 1998 submitted by Deanna L. Moore, Moore's Landscaping, P.O. Box 944, Kenai, Alaska. b. Discussion--Amendment to KMC 14.20.280--Public Hearings and Notifications 6. OLD BUSINESS: 7. CODE ENFORCEMENT: 8. REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: a. KPB Notice of Public Hearing on Petition to Vacate - 11/9/98 b. Memo from KPB Planning Department dated 10/15/98 c. KPB Plat Committee Action of 10/12/98 d. Memo dated 10/15/98 canceling November 11, 1998 Meeting 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION OCTOBER 28, 1998 - 7:00 P.M. KENAI CITY HALL CHAIRMAN: CARL GLICK *** MINUTES *** 1. CALL TO ORDER AND ROLL CALL Chairman Glick called the meeting to order at 7:00 p.m. a. Roll Call Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord Members Absent: Art Graveley Also Present: Councilman Smalley, Administrative Assistant Marilyn Kebschull, Contract Secretary Alison Rapp b. Agenda Approval GOECKE MOVED TO APPROVE THE AGENDA AS WRITTEN AND ASKED FOR UNANIMOUS CONSENT. MOTION WAS SECONDED BY NORD. Chairman Glick asked for objections to unanimous consent. GOECKE MOVED TO AMEND APPROVAL OF THE AGENDA ADDING THE HANDOUT RECEIVED BY DAVID HALES. NORD SECONDED THE MOTION. AGENDA WAS APPROVED AS AMENDED. c. Approval of Minutes: October 14, 1998 GOECKE MOVED TO APPROVE THE MINUTES OF OCTOBER 14, 1998 AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY NORD. THERE WERE NO OBJECTIONS. MOTION PASSED. d. Consent Agenda * All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be Kenai Planning 8s Zoning Commission October 28, 1998 Page 1 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. 3. SCHEDULED PUBLIC COMMENT: -- None CONSIDERATION OF PLATS: a. PZ98-49--Preliminary Plat--Spruce Grove Subdivision - Murphy's Replat. MOTION• NORD MOVED TO APPROVE PZ98-49. BRYSON THE MOTION. Chairman Glick requested comments from the staff. Kebschull recommended the Commission review the Variance and Encroachment Permit applications (Items 4b and 4c) prior to consideration of the plat. She commented the plat should note an encroachment exists on Lot 1-B and an encroachment will be created on Lot 1-C. MOTION• BRYSON MOVED TO HEAR THE CONSIDERATION AFTER ITEM 4C. GOECKE SECONDED THE MOTION. VOTE• BRYSON YES WERNER-QUADE YES GOECKE YES MOTION PASSED. 4. PUBLIC HEARINGS• NORD YES GLICK YES GRAVELEY ABSENT a. PZ98-50 -- An application for a Conditional Use Permit to operate a Bed 8s Breakfast for the property described as Government Lot 176 (101 Highbush Lane), Kenai, Alaska. Application submitted by Rita Botelho, P.O. Box 615, Kenai, Alaska. MOTION• Kenai Planning 8v Zoning Commission October 28, 1998 Page 2 GOECKE MOVED TO APPROVE PZ98-50 CONDITIONAL USE PERMIT FOR A BED AND BREAKFAST. MOTION SECONDEI BY BRYSON. Chairman Glick opened the Public Hearing and asked that testimony be limited to three minutes unless it is a prepared written statement. Those giving testimony were asked to state their name and address for the record and sign the sheet provided on the podium. Verbatim Begins Dick Morgan, 1401 Lawton Drive, Kenai, Alaska I own two lots which is immediately adjacent to the property in question. All I want to say is I think it is a good idea and I am all for it. Chairman Glick: Thank you Mr. Morgan. Verbatim Ends Kebschull drew attention to the Building Official's comments which recommended approval contingent on the building permit and the completion of construction. Bryson inquired if the staff's recommendation was incorporated into the motion. Goecke agreed to incorporate staff's suggestions into the motion. Bryson concurred. VOTE• WERNER-QUADE YES GOECKE YES NORD YES BRYSON YES GLICK YES GRAVELEY ABSENT MOTION PASSED. b. PZ98-51 -- An application for a Variance Permit for rear yard setbacks for the property described as Lot 1-A, Spruce Grove Subdivision, Hales Addition, 1806 4th Avenue, Kenai, Alaska. Application submitted by Marlena Murphy, 1806 4th Avenue, Kenai, Alaska. MOTION: BRYSON MOVED TO APPROVE PZ98-51. MOTION SECONDED BY GOECKE. Kenai Planning 8v Zoning Commission October 28, 1998 Page 3 Chairman Glick opened the Public Hearing. Those giving testimony were asked to state their name and address for the record and sign the sheet provided on the podium. Verbatim Begins Marlena Murphy, 1806 4th Avenue, Kenai, Alaska The reason why I am asking for the 5' variance is because.. um.. if there was a house to be built with the.. um.. garage that's already on the back piece of this property. And what I want to do is, if there's a house to ever be built in there and this property line that I am also asking for at the same time... is to be able to go from the front yard to the back yard without having to go around the block. And.. um.. by giving five more feet to this second lot it would allow that and give a nice lot for both pieces. Chairman Glick: Any questions for the applicant? Thank you. Anyone else in the public wishing to speak to this item? Okay, seeing none we will bring it back to the Commissioners. Verbatim Ends Kebschull noted the staff had no additional comments but this may not satisfy the requirements for the variance based on the guidelines and the Municipal Code of 14.20.180(c) (1) (2) . Bryson inquired if it was included as an excerpt in the packet. Chairman Glick directed him to "analysis" on page one of the Staff Report. Bryson commented he felt the situation had three times a frontage situation the owner did not create and that it was a special situation that normally not addressed in the code. Bryson noted he felt it was somewhat unfair to have a 25' setback from the roadway on three sides and a 20' setback in the rear. Bryson commented the request for a deviation was reasonable to approve. Bryson further commented 5' side setbacks are intended to prevent damage to neighbors' property. VOTE• GOECKE YES NORD YES BRYSON YES MOTION PASSED. WERNER-QUADE YES GLICK YES GRAVELEY ABSENT c. PZ98-52 -- An application for an Encroachment Permit for the side yard for the property described as Lot 1-A, Spruce Grove Subdivision, Hales Addition, 1806 4th Avenue, Kenai, Alaska. Kenai Planning 8s Zoning Commission October 28, 1998 Page 4 Application submitted by Marlena Murphy, 1806 4th Avenue, Kenai, Alaska. MOTION• NORD MOVED TO APPROVE PZ98-21. MOTION SECONDED BY BRYSON. Chairman Glick opened the Public Hearing. Those giving testimony were asked to state their name and address for the record and sign the sheet provided on the podium. Verbatim Begins Marlena Murphy, 1806 4th Avenue, Kenai, Alaska I own this piece of property.. um.. The reason why we are asking for an encroachment cause.. um.. it's real close to the property line and right now it's just a shop. It has a flat roof and up here that is not too good with snow loads and that. What we're wanting to do is just put a peaked roof on it and.. um.. the overhang would not be anymore than what the flat roof represents right now. And.. um.. it wouldn't be any closer to the property line. And it's just for maintenance of the building and.. um.. realization that it really needs it. Chairman Glick: So you wouldn't be putting a second story or anything on it? Murphy: Oh no it's just going to be a peaked roof. Right now it's flat and we have to get up there every winter and really hustle the snow off and everything. It is just to make it easier in the snow. An attic is all I see. Bryson: I am looking at the.... Chairman Glick: Ms. Murphy? He wants to ask you a question. Murphy: Oh I am sorry. Bryson: I am looking at the plat that created Lot lA that you are now subdividing? Murphy: Yeah. Bryson: Um.. there is a concrete block building shown in the rear and I assume that is the same structure. The scale has it being about 2' from the property line, is that the case? Kenai Planning 8v Zoning Commission October 28, 1998 Page 5 Murphy: Yeah, it is very close. That was that way when we got l the piece of property. It has always been that way. We didn't build it that way. Bryson: Do you know what its offset is? Murphy: It is probably about 2' or right in there. We found one post yesterday on the right side on Jefferson Street there. Wasn't sure about the one on Evergreen, but it runs very close to the property line. Bryson: You weren't able to find that lot corner that's right at... Murphy: I think I did, it's uh re-bar down in the ground and the one over on Jefferson Street was a... um... aluminum cap. So I assume those are the two corners. And we eyeballed it yesterday and it's 2 - 2 1 / 2 feet from the edge of the building. Bryson: There's a letter that was handed out prior to the meeting here. I think it was a letter from your neighbor and he indicated that it was several inches away. Murphy: No, no. The building's more than several inches. The roofline is closer, but the building wall is not. That is why I state that the new roof will not go anymore than what the roof is existing right now. The flat roof is right now... the new roof is peaked and it would even be away down further than what the flat roof is sticking out. If anything, it would be less. Chairman Glick: Thank you. Anyone else in the public wishing to speak to this item? (indication from the gallery) Chairman Glick: Yes, sir. State your name and address for the record and write it on the sheet of paper. Dave Hales, 404 Evergreen, Kenai, Alaska Marlena Murphy and I share a common property line. Um... I wrote the letter concerning.. um.. my concern.. My main concern is that in the future if this property is sold or deeded to someone else, that I don't want this encroachment permit, that say is granted, to open the door to that structure being developed into a residence by building a second story onto the structure... Except what its primary use is right now which is a garage and a storage area. Marlena and I have been great neighbors for years and good friends and they are wonderful people. And.. um.. I am not Kenai Planning 8~ Zoning Commission October 28, 1998 Page 6 concerned about what Marlena wants to do, which is fine with me, I have no objection to a roof being put on the structure. But if they were to sell this property and have a Variance Permit, um.. Encroachment Permit granted, I don't want to see it open the door for that building to be expanded any further really than it already is. If it is granted, I would like to see at least two stipulations: Any second story type additions prohibited and any future addition or expansion to the structure will only be allowed on the south end of the structure, which is the farthest away from my property line. The building itself is probably a foot and a half from the line. The roof is about an inch from my property line. In 1987 I subdivided my property and refinanced. And during the.. um.. survey the surveyor noticed that the roof was actually on my property by several inches, almost a foot. So.. um.. what I did, I decided I'd talk to Marlena about it. She didn't know about it either. They bought the property with the building on it. The original survey apparently was in error, and so I deeded Marlena Murphy 175' of my lot about 9" wide so that the roof would then be on their property. That's how close this building is to the lot line. It's on the line. Right now the roof is about 1 1/2" to 2" from the property line. So, that's my main objection. It is right on the line. My concern isn't Marlena Murphy, it's a future owner of this property and what they might do with it. I feel it is a valid concern. I feel if someone built a two story residence on my.. on that property, it would really hurt my property value and make it very difficult to sell my property. Especially imagine showing it to someone and they~l say what's that and I'll say that's the neighbors. You know, they would be right in my back yard. I would be living in a fishbowl. And it would make my property extremely hard to market and get a fair value for it. That's about all that I have to say. Chairman Glick: Questions, does anybody have any questions? Bryson: You indicated that.. ah.. you.. ah.. deeded a portion of the property to the adjacent lot. Is that incorporated into this plat? Hales: That is the plat that you are looking at. The one, the.. ah.. Bryson: It is a change from the plat I am looking at? Hales: It would be, I think it's the same plat you have, this plat, I think you have reflects the change in the lot line. Kenai Planning 8v Zoning Commission October 28, 1998 Page 7 Bryson: And that reflects that 9" that she now has? Hales: Yes it does. It reflects the 9" that she now has. I have a copy of the preliminary plat that the surveyor originally did when he pointed out to me that the roof line was in fact over the property line. I have a blueprint that he ran for that and.. and.. I didn't want them to lose.. to have to take off a foot of their roof. Plus my lender wouldn't refinance if my title had any kind of col.. or.. problem like this. I just deeded Marlena a quit claim deed to that strip of land. Bryson: That was subsequently incorporated into this plat? Hales: Yes. So right now at this moment the roof line does not extend over my property line. But it is probably within 2" of it. Bryson: Do you have any problem with.. um.. in the case of a sloped roof of the snow dumping that direction across the lot line? Hales: No, I think they will probably build the slope the other way. And that would be no problem whatsoever. I have no objections to what she is asking. Chairman Glick: Okay, thank you very much. Anyone else in the public wishing to speak to this item? Debbie Sonberg, 410 Cinderella Street, Kenai, Alaska I have no particular opinion on that, but, as far as a variance... doesn't a variance have to be, a variance or certain kinds of permits, conditional uses and so on have to completed within a year and they would not carry over automatically to another person if they weren't completed? Chairman Glick: If somebody else wanted to come in and build a second story or build it into a house they would have to come before us... Sonberg: ... reapply? Chairman Glick: ...and reapply, because they'd have to get a building permit and all that. (Ms. Sonberg is speaking over Chairman Glick) Sonberg: Getting a variance doesn't give them license to... forever... Kenai Planning 8v Zoning Commission October 28, 1998 Page 8 - Kebschull: No, an encroachment stays with the property, it's with the title. Chairman Glick: But if they wanted to build an addition to the building? Kebschull: If they have an encroachment that does not limit them, they could build a second story. The encroachment permit allows them to obtain a building permit unless there's stipulations on that encroachment permit they can build. So, um, and those were the concerns that Mr. Hales voiced to me and we verified that with the building official. Because I often times have banks contact me to see if there is an encroachment permit on a... Chairman Glick: ...But we could put that stipulation on here? Kebschull: Yes, and that would be my recommendation. Sonberg: I was just curious because I didn't know how that differed. Thank you. Bryson: This is a situation where it was an existing structure in the middle of a large tract when all these lots were created the building was shown. And presumably all the persons that ended up owning that property would have concurred in principle with the original subdivision. Ah, the building was an encroachment to the side setback at the time but it was acknowledged by both the Planning Commission and.. um.. by the fact of having to proof it and by the property owners because they bought the property. Chairman Glick: Okay, once again is there anyone else in the public wishing to speak to this item? Seeing none, we will bring it back to the commissioners. Verbatim Ends Kebschull recommended approval with Mr. Hales' requested contingencies as part of the resolution. Bryson commented the foundation did not appear on the preliminary plat and there was no evidence other than the application that there was a structure MOTION TO AMEND: GOECKE MOVED TO AMEND THE PREVIOUS MOTION TO PZ98-52 FOR AN ENCROACHMENT PERMIT TO INCLUDE: BUILDING CANNOT BE ENLARGED AND NO FUTURE BUILDING PERMITS MAY BE ISSUED WITHOUT COMING BEFORE THIS BODY. BRYSON SECONDED THE MOTION. Kenai Planning 8s Zoning Commission October 28, 1998 Page 9 Bryson inquired if the amendment included the roof construction currently being applied for. Goecke replied the roof would be included under the intent of the amendment. Kebschull commented the amendment might be misunderstood as written. She suggested it might be better to specify a second story may not be built. Kebschull also pointed out any construction on the south side could meet all setback requirements going that way. She expressed concern over limiting any future building permits. Discussion ensued regarding the pending amendment. MOTION TO AMEND: BRYSON MOVED TO AMEND THE AMENDMENT TO ITEM PZ98-52 TO INCLUDE: WITHIN THE AREA THAT BE ENCROACHING IN A NORMAL SETBACK SITUATION, NO ADDITIONAL INTERIOR AREA CAN BE CREATED WITHOUT ADDITIONAL ENCROACHMENT PERMITS. GOECKE SECONDED THE MOTION Discussion continued regarding the wording of the amendments and the implications of such wordings. Bryson commented he was considering withdrawing his latest amendment. Kebschull noted it was the applicant's intention to only put a new roof on the structure. Kebschull commented it would be best if a limited encroachment could be issued. MOTION• BRYSON MOVED TO WITHDRAW THE AMENDMENT TO THE AMENDMENT TO ITEM PZ98-52. GOECKE CONCURRED. Goecke commented he would like to withdraw his initial amendment to Item PZ98-52. Chairman Glick deferred the amendment to a vote. VOTE ON AMENDMENT: NORD NO BRYSON NO WERNER-QUADE NO MOTION FAILED. MOTION TO AMEND• GOECKE NO GLICK NO GRAVELEY ABSENT BRYSON MOVED TO AMEND ITEM PZ98-52 TO INCLUDE: THIS STRUCTURE IS GRANDFATHERED AS EVIDENCED BY Kenai Planning & Zoning Commission October 28, 1998 Page 10 PRIOR PLATS, HOWEVER THE APPLICANT HAS STATED THEY WOULD LIKE TO CHANGE THE FLAT ROOF TO A PEAKED ROOF. THIS AMENDMENT LIMITS CONSTRUCTION TO THE CONSTRUCTION OF A ROOF ONLY. GOECKE SECONDED THE MOTION. 3a. Bryson noted it is not an approval for trespass. Goecke agreed. VOTE ON AMENDMENT: NORD YES GOECKE YES BRYSON YES GLICK YES WERNER-QUADE YES GRAVELEY ABSENT MOTION PASSED. Chairman Glick inquired if there was anymore discussion prior to voting on the main motion for item PZ98-52 as amended. Hearing none a vote was called. VOTE ON AMENDED MOTION: BRYSON YES NORD YES WERNER-QUADE YES GLICK YES GOECKE YES GRAVELEY ABSENT MOTION PASSED. PZ98-49--Preliminary Plat--Spruce Grove Subdivision - Murphy's Replat. Chairman Glick noted there was already a motion outstanding on this item. Bryson inquired if there was already a motion that specified existing structures be shown. MOTION TO AMEND: BRYSON MOVED TO AMEND ITEM PZ98-49 TO SHOW EXISTING PERMANENT STRUCTURES. GOECKE SECONDED THE MOTION. VOTE ON AMENDMENT: WERNER-QUADE YES BRYSON YES GOECKE YES GLICK YES NORD YES GRAVELEY ABSENT MOTION PASSED. Kenai Planning & Zoning Commission October 28, 1998 Page 11 Chairman Glick inquired if there was anymore discussion prior to voting on the plat PZ98-49 as amended. Hearing none a vote was called. VOTE ON AMENDED MOTION: GOECKE - YES WERNER-QUADE YES NORD YES GLICK YES BRYSON YES GRAVELEY ABSENT MOTION PASSED. d. PZ98-53 -- A resolution of the Planning 8s Zoning Commission recommending to City Council the changing of certain existing street names. Streets include those streets whose pre-directionals were changed to post-directionals in 1996. For example, Willow Street North would be changed to North Willow Street. MOTION• WERNER-QUADE MOVED TO PASS THE RESOLUTION PZ98- 53. NORD SECONDED THE MOTION. Chairman Glick opened the Public Hearing. Those giving testimony were asked to state their name and address for the record and sign the sheet provided on the podium. There was no Public Testimony on this issue. Kebschull commented the staff had no additional comments on this issue. VOTE• NORD YES GOECKE YES BRYSON YES GLICK YES WERNER-QUADE YES GRAVELEY ABSENT MOTION PASSED. e. PZ98-54 -- A resolution of the Planning & Zoning Commission recommending the Kenai Municipal Code at 23.25.030 be amended to set clear standards for what constitutes a junk vehicle. MOTION: Kenai Planning & Zoning Commission October 28, 1998 Page 12 GOECKE MOVED TO PASS THE RESOLUTION PZ98-54. WERNER-QUADE SECONDED THE MOTION. Chairman Glick opened the Public Hearing. Those giving testimony were asked to state their name and address for the record and sign the sheet provided on the podium. Verbatim Begins Gus Rhodes, 207 Birch Street, Kenai, Alaska I have read this ord.. new ordinance that you put out. It ah does very little to clarify it in the eyes of the law. I don't know where this ordinance came from but it has already been overturned by several district and appellate courts. Especially the parts that re.. put up the time limitations of 30 days for this and 30 days for that. It has been said that zoning is that which confiscates property of the poor and weak and is a nuisance to the rich and powerful. This is a case where ah it will be enforced only against those who can't defend themselves. This particular law change came up because of they.. were talking about inoperative vehicles and the criminal appeals court has ruled that an inoperative vehicle is not a junk vehicle. If they are going to make it junk vehicles, then you better repeal the previous law this one cites and uh get rid of it entirely and re.. substitute the word junk for inoperative. Also, this is a land use. Not a uh.. zoning ordinance, this is not codified as required by the state law and constitution. In the zoning ordinances, and frankly I think the first time you try to force this against somebody who is willing to stand up against you it's going to be thrown out just like the last one was. Rodes: I would suggest you send it back to the attorney fora re- write. Any questions? Bryson: As I ah.. read through it, the portions of the motion now before us in brackets are sections that are being deleted. Kebschull: That's correct Bryson: The reference to non-operating is being deleted Rodes: I don't have a copy of the law with me. Bryson: It is a proposal. Rodes: Okay Kenai Planning & Zoning Commission October 28, 1998 Page 13 Bryson: However, your reference to anon-operating vehicle ah.. is noted in here. They're substituting the word junk for ... (Mr. Rodes is speaking over Bryson) Rodes: ...okay, okay. Well that takes care... at the present time isn't there a junk vehicle definition in the zoning law? Bryson: In exist... this is modifying the existing ordinance. Rodes: Yeah but this ordinance here, isn't Title 12 for zoning? Kebschull: No. Rodes: What? Title 14? And which one.. this is Title 14? Kebschull: No, Title 12. Rodes: Title 12, okay. Oh, this is Title 12 and zoning is Title 14. So therefore this is going to go under the junk vehicle in the zoning it should be moved over to the other title. You follow me? And then after you get done it's going to have to be sent to the City Council for their incorporation. Chairman Glick: Yes. Rodes: Okay, any more questions? It's not right to have a law in the books that is flawed from the beginning. And that's what this one is. And believe me, I've had some experience with junk cars. Any more questions? Chairman Glick: I guess not, thank you Mr. Rodes, appreciate your input. Is there anyone else in the public wishing to speak to this item? Seeing none I'll bring it back to the commission. Verbatim Ends Kebschull commented the City Attorney would like this change because the current code does not define a junk vehicle. She further noted this is an issue this Commission deals with quite often. Chairman Glick inquired if the City Attorney felt this proposal was legally defensible. Kebschull replied yes. VOTE• BRYSON YES NORD YES WERNER-QUADE YES GLICK YES GOECKE YES GRAVELEY ABSENT Kenai Planning 8s Zoning Commission October 28, 1998 Page 14 MOTION PASSED. 5. NEW BUSINESS: a. PZ98-56 -- Landscape/Site Plan Review -- 8080 Kenai Spur Highway. Application submitted by Deanna L. Moore, Moore's Landscaping, P.O. Box 944, Kenai, Alaska. MOTION: GOECKE MOVED FOR APPROVAL OF P298-56 -- LANDSCAPE/ SITE PLAN REVIEW. WERNER-QUADE SECONDED THE MOTION. Kebschull commented the staff had nothing additional on this item. Kebschull noted that Mr. Moore was present if the Commission had questions. Bryson commented he would be abstaining from this item due to a business involvement consulting on another portion of this property. Nord commented Mr. Moore has been a client of hers in the past, but felt there was no conflict on the current item. Chairman Glick inquired of Nord if she had any business dealings involving this particular project. Nord replied she had none. Chairman Glick determined there would be no conflict of interest for Nord on this item. Discussion ensued regarding exact location of property. No questions were raised for the applicant. VOTE: WERNER-QUADE YES BRYSON ABSTAIN GOECKE YES GLICK YES NORD YES GRAVELEY ABSENT MOTION PASSED. b. Discussion -- Amendment to KMC 14.20.280 -- Public Hearings and Notifications Kebschull stated approximately one year ago City Council requested options on providing better public information on conditional use notification. She commented one of the methods investigated was placing signs on the property being reviewed. These signs would be disposable, approximately 24" x 30", and they would contain basic information regarding what the property Kenai Planning 8v Zoning Commission October 28, 1998 Page 15 is being considered for and the time and location of the Public Hearing. She further noted it would be the applicant's responsibility to post the signs and remove the sign. Councilman Smalley commented this item was discussed at the last council meeting. He stated the Council and the public felt this was a good idea. Chairman Glick inquired if the Committee Members would like it to go to public hearing. Werner-Quade and Nord responded yes. Goecke commented he was unsure and stated he preferred not to have a Public Hearing. Bryson commented he saw the merits, although questionned the purpose in lesser developed areas. He added, he was in favor of a Public Hearing. Chairman Glick determined the issue would go to Public Hearing. 6. OLD BUSINESS: -- None 7. CODE ENFORCEMENT ITEMS: -- None 8. REPORTS a. City Council Councilman Smalley reported on the recent election noting Councilmen Moore and Bookey and the Mayor were all reseated. Smalley commented on the last City Council meeting noting Ordinance No. 1797-98 (Conditional Use Permit) passed. Smalley commented the spring budgets would include money to hire a consultant to aid in making sure the Code, Comprehensive Plan and Land Use Table are compatible. He noted, all three would be looked at simultaneously to ensure consistency. Smalley stated the project would start sometime after July 1, 1999. Councilman Smalley went over the agenda from the October 21, 1998 City Council meeting in detail. Item 2 - 5 on the first page all passed. Item 4 is basically in reference to special elections being held by mail to possibly increase voter participation. Approximately $100,000 of the Cunningham Park improvement fund is a grant with $13,000 coming from the City to cover engineering. Smalley reported on Page 2, Items 6 - 9 also passed. He reported Kelly Kelso is the new Director at the Senior Center. The potential airport development contract, Item F, will be brought back to look at during the November 12, 1998 Airport Commission meeting. Smalley noted public discussion is Kenai Planning & Zoning Commission October 28, 1998 Page 16 encouraged on that item, it will be considered for action at the '~ November 18, 1998 Council meeting. Smalley discussed the Change Order (Item H3) amendment and explained it resulted in a deletion of a pay item reducing the cost to the City from $12,000 to $3,950. Proposed library fundraising strategies discussion (Item H4) was postponed until a future meeting. b. Borough Planning Bryson reported on the Borough Plat Committee meeting of October 26, 1998. Bryson noted all items on the consent agenda were approved as submitted. Item E 1 was postponed per staff request. Item E2, a petition to vacate, failed. Bryson further noted Items F 1 and F2 were approved and Item F3 was postponed. For the Item L groups, 9 existing prior use applications were submitted by Quality Asphalt Paving, all but one was approved. c. Administration Kebschull commented Council had requested the City Clerk look into training options for this board as well as other boards. Kebschull requested Members determine what topics they would be interested in and if one or two-day training would be better. She further noted potential times and dates would be helpful for possible scheduling. Chairman Glick commented he liked the training idea but would prefer to not train while the Commission has a vacancy. Councilman Smalley commented he felt the vacancy would be filled soon, possibly by the next meeting. Bryson commented he would have a difficult time participating during the day, evenings and Saturdays would be the best for him. Kebschull suggested the City Clerk could obtain potential dates for the Members to review. Werner-Quade commented due to her work schedule she has asked to be transferred from the Planning and Zoning Commission. She further noted, under that circumstance, she would be unwilling to partake in a group training session. Nord commented she would have no problem attending Saturday training and suggested including other cities in the class. Kebschull stated she and the City Clerk were looking into that option. She further noted that would help with the cost. Nord noted she liked hearing the input of Members from other cities. Kenai Planning 8v Zoning Commission October 28, 1998 Page 17 Goecke commented Saturday would be the best for him or possibly even during the evening. Kebschull commented since there will not be another meeting until November 25 the City Clerk may contact Members individually to get feedback and information. She further commented Council had approved the cancellation of the November 11, 1998 meeting. 9. PERSONS PRESENT NOT SCHEDULED: Debbie Sonberg, 410 Cinderella Street, Kenai, Alaska Ms. Sonberg spoke in favor of the notification signs. She cited her neighborhood as an example where notification signs would be particularly helpful. Ms. Sonberg commented she had brought this issue up in the past and would be testifying at the Public Hearing in favor of the signs. Chairman Glick thanked her for her input and inquired if anyone else wanted to speak. Gus Rodes, 207 Birch Street, Kenai Alaska Mr. Rodes commented he too was in favor of the public notification signs. He noted many locations Outside that followed that procedure. 10. INFORMATION ITEMS: a. KPB Notice of Public Hearing on Petition to Vacate -- 11/9/98 b. Memo from KPB Planning Department dated 10/ 15/98 c. KPB Plat Committee Action of 10/ 12/98 d. Memo dated 10/ 15/98 canceling November 11, 1998 Meeting 11. COMMISSION COMMENTS AND QUESTIONS: 12. ADJOURNMENT: GOECKE MOVED TO ADJOURN. MEETING ADJOURNED 8:25 p.m. Respectfully submitted, Alison Rapp Contract Secretary Kenai Planning & Zoning Commission October 28, 1998 Page 18