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HomeMy WebLinkAbout1997-02-26 P&Z MinutesCITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** KENAI CITY COUNCIL CHAMBERS February 26, 1997, 7:00 p.m. http://www.Kenai.netlcity 1. ROLL CALL: 2. ELECTIONS: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: February 12, 1997 5. PERSONS PRESENT SCHEDULED TO BE HEARD: 6. CONSIDERATION OF PLATS: a. PZ97-5-Baron Park Subdivision, Fire Addition 7. PUBLIC HEARINGS: a. PZ97-3-Encroachment Permit-Steve P. & Lucie B. Stanton-2545 Seine Court (Lot 10, Block 1, VIP Country Estates, Part 3), .Kenai, Alaska 8. NEW BUSINESS: a. PZ97-4-Home Occupation Permit-Terria Gill-2780 VIP Drive (Lot 10, Block 4, VIP Ranch Estates), Kenai, Alaska b. Kennels in Suburban Residential Subdivisions-Discussion c. Proposed Amendments to KPB Chapter 5.14 and Chapter 21.18-Discussion 9. OLD BUSINESS: a. Review of Title 14-Cabin Definitions 10. CODE ENFORCEMENT ITEMS: 11. REPORTS: a. City Council b. Borough Planning o. Administration 12. PERSONS PRESENT NOT SCHEDULED: 13. INFORMATION ITEMS: a. Kenai River Special Management Advisory Board Minutes of 1/16/97 b. Airport Master Plan Public Information Meeting 3/13/97 at 7 p.m. ~ 14. COMMISSION COMMENTS & QUESTIONS: 15. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION February 26, 1997 ***Minutes*** 1. ROLL CALL: Members present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord, Karen Mahurin, Michael Christian Members absent: None Others present: Councilman Hal Smalley, City Engineer Jack La Shot, Administrative Assistant Marilyn Kebschull 2. ELECTIONS: BRYSON NOMINATED GLICK FOR CHAIR. MOTION SECONDED BY MAHURIN. GOECKE MOVED TO CLOSE NOMINATIONS. BRYSON SECONDED THE MOTION. MAHURIN MOVED FOR UNANIMOUS CONSENT. GLICK ASKED IF ANYONE OBJECTED TO UNANIMOUS CONSENT. NO OBJECTIONS NOTED. GLICK ELECTED BY UNANIMOUS CONSENT. NORD NOMINATED BRYSON FOR VICE-CHAIR. MOTION SECONDED BY MAHURIN. GOECKE MOVED TO CLOSE NOMINATIONS AND ASKED FOR UNANIMOUS CONSENT. GLICK ASKED IF ANYONE OBJECTED TO UNANIMOUS CONSENT. NO OBJECTIONS NOTED. BRYSON ELECTED BY UNANIMOUS CONSENT. 3. APPROVAL OF AGENDA: BRYSON MOVED TO APPROVE AGENDA AS SUBMITTED AND ASKED FOR UNANIMOUS CONSENT. SECONDED BY GOECKE. APPROVED BY UNANIMOUS CONSENT. 4. APPROVAL OF MINUTES: February 12, 1997 CHRISTIAN MOVED TO APPROVE MINUTES OF FEBRUARY 12, 1997. SECONDED BY BRYSON. GLICK ASKED FOR ANY CORRECTIONS TO MINUTES. NONE NOTED. BRYSON ASKED FOR UNANIMOUS CONSENT. GLICK ASKED IF THERE WERE ANY OBJECTIONS UNANIMOUS CONSENT. NONE NOTED. APPROVED BY UNANIMOUS CONSENT. 5. PERSONS PRESENT SCHEDULED TO BE HEARD: l 7. CONSIDERATION OF PLATS: a. PZ97-5-Baron Park Subdivision, Fire Addition GOECKE RECOMMENDED APPROVAL PZ97-5 BARON PARK SUBDIVISION. MOTION SECONDED BY BRYSON. Glick asked if staff had additions to comments. La Shot noted that the size of Tract A-1-A should read 30.559 instead of 43.559 as listed. Goecke asked if this is for the fire training facility that is on the drawing board and asked if it is still on the drawing board or if it has gone beyond that phase. La Shot stated it is on the drawing board and noted it will be located on the ten acre plot being subdivided out by this plat. La Shot stated that at the next council meeting administration will be directions as to whether to complete the design work. Bryson asked if this project will require extension of water and sewer further out Marathon Road. La Shot stated it will not be extended down Marathon but down Magic. Christian asked if this is the area intended for the Challenger project. La Shot stated the ten acres will be for the fire training center and the Challenger will share Tract A-1-A with facility there now. Goecke asked what happens if the Commission turns the plat down. La Shot commented he didn't know what would happen but that it would probably go onto the borough. Smalley stated he would encourage the Commission to have good justification for turning it down and have it noted in the minutes. Goecke asked why. Smalley stated to record the justification for turning it down. VOTE: BRYSON YES GOECKE YES MAHURIN YES GLICK YES WERNER-QUADE YES NORD YES CHRISTIAN YES PASSED-UNANIMOUS. 8. PUBLIC HEARINGS: a. PZ97-3-Encroachment Permit-Steve P. & Lucie B. Stanton-2545 Seine Court (Lot 10, Block 1, VIP Country Estates, Part 3), Kenai, Alaska Planning & Zoning Commission Page 2 Minutes February 26, 1997 CHRISTIAN MOVED TO ACCEPT THE APPLICATION, PZ97-3. NORD SECONDED THE MOTION. PUBLIC HEARING OPENED. Steve Stanton-applicant. Mr. Stanton offered an explanation to the requested permit. Stanton stated they wanted to put an addition on to their residence. Stanton stated they hired an architect. When the city inspector checked it, he stated they would have to move the addition because it was over the boundary lines for the lot. Stanton stated they went back to the architect and paid for new plans. They then moved the residence six feet in the direction toward Lot 9 and built the addition. Stanton stated that when the surveyor came out for the final survey he noted they were 16.4 instead of 20 feet. Stanton stated he wanted the commission to know this was not intentional and reiterated the steps they had taken to try to alleviate the problem when they were first notified. Christian asked Stanton which way they had moved the plans. Stanton stated on the north side where it shows 24.6, they had originally planned to have it flush with that end. Stanton stated that would have put it over. Stanton stated the inspector said they needed 20 feet there. Stanton stated they told the architect what they needed and he redid the plans. Christian asked which way they moved the addition. Stanton stated the addition moved south. Glick clarified that the house was already there. Stanton stated that is correct. Stanton stated he had a letter from a neighbor, Brian Gabriel, who owns Lot 6, the house behind them. Glick asked for the letter to be entered into the record. Glick informed the Commission the letter is of non-objection. PUBLIC HEARING CLOSED. Bryson stated it appears that the encroachment meets the criteria for granting the permit. Bryson noted it was a situation he didn't create and it happened anyway. Bryson noted that what is the closest adjacent lot is in non-objection. Bryson stated he will be supporting the motion. Christian asked La Shot after they were told they needed to make the change and they made the change, Christian asked if it comes back to the building inspector. La Shot noted that was prior to the building permit being issued. La Shot noted that after the process starts they only have the plot plan until after the structure is built. La Shot noted staff cannot verify property lines. Christian asked if they didn't have to resubmit the plans. La Shot stated he felt the did that and noted the plot plan does not verify setbacks. Planning & Zoning Commission Page 3 Minutes February 26, 1997 VOTE: WERNER-QUADE YES GOECKE YES NORD YES MAHURIN YES CHRISTIAN YES BRYSON YES CLICK YES PASSED UNANIMOUS. 9. NEW BUSINESS: a. PZ97-4-Home Occupation Permit-Terria Gill-2780 VIP Drive (Lot 10, Block 4, VIP Ranch Estates), Kenai, Alaska WERNER-QUADE MOVED TO APPROVE PZ97-4. MOTION SECONDED BY MAHURIN. Bryson asked La Shot if it is his intent to clarify the square footage being used before sending the permit. La Shot noted it could be done before sending the permit. VOTE: GOECKE YES MAHURIN YES BRYSON YES CLICK YES NORD YES CHRISTIAN YES WERNER-QUADE YES PASSED UNANIMOUS. b. Kennels in Suburban Residential Subdivisions-Discussion Christian noted this had been brought up at the last meeting. Christian noted he had received complaints in his area about people having more than three dogs and kennel permits. Christian stated he has noticed that the codes and zones don't address kennels other than the three dog limit which anything over that requires a kennel license. Christian stated he thought the Commission should look at this to see if they should do something to restrict kennels in small subdivision. Christian asked the Commission if they should address the issue or not. Christian noted in the RR zone it addresses animal boarding but not in RS zones. Christian noted that area was left blank in the Land Use Table. Bryson stated in times past when there was a blank in the zoning code it meant that it wasn't an allowed use. The present interpretation of the code is that when there is a blank a conditional use application is an option. Bryson stated it goes through the same exercise when individuals have requested modifying a district. Bryson stated that may be an appropriate way to approach it and t clarify the zoning code as to where blanks for use exist. Planning & Zoning Commission Page 4 Minutes February 26, 1997 Christian stated that the animal control officer is not viewing it in that way and he is issuing permits on his own interpretation rather than going through a conditional use process. ,l Christian noted that one person is making that decision. Christian stated he thought this would be a good place to address this. Mahurin asked Christian to define kennel and how many there are that they have concern about. Christian stated he knows of three in his subdivision which is supposed to have a limited number of animals in the covenants which they cannot enforce. Christian stated according to the city any number more than three requires a kennel permit. Christian stated he didn't see any different between a commercial and private kennel in the code but noted that Mr. Godek does differentiate between the two. Christian stated if it is for commercial uses, it is not allowed in subdivisions. Christian stated that one was just issued and one was just turned down in Woodland Subdivision. Werner-Quade stated that after the last meeting she talked to Brett Reid at the shelter and Mr. Godek, the animal control officer. Werner-Quade stated that one thing that came up is that there aren't really any dog lots in the city. Werner-Quade noted there are two different types of kennels, commercial, and anything other than three dogs. Werner-Quade stated is that people have to obtain a permit which is renewed annually. Werner-Quade reported in 1994 there were 2 issued, 1995 six issued, in 1996 six, in 1997 2 were issued. Werner- Quade noted it is a $25 fee and given according to the space that Mr. Godek feels is appropriate for the number of animals being asked for by the owners. Werner-Quade stated she reviewed the memo as to views for the next step. Werner-Quade stated she feels people in Alaska need to have animals. Werner-Quade stated she feels Mr. Godek has done a good job of screening owners who wish to have more than three pets. Werner- Quade stated the only problem she could see is any kind of health hazard noting Mr. Godek is not in favor of unsanitary conditions. Werner-Quade, regarding the memo, stated she felt that if they address kennels in the zones specified by subdivision, felt it should be changed to dwelling. Werner-Quade stated she felt if they zone kennels it should be by the dwelling. Werner-Quade stated that as for the whole thing, she doesn't feel there should be any change at this time except to review the blank spaces. Goecke stated he reviewed the information and noted he feels a little different. Goecke agreed that some people want to have an animal. Goecke stated he doesn't feel anyone needs to have more than three dogs in a residential neighborhood noting he doesn't care where they live. Goecke stated they have neighbors and they will be outside part of the time. Goecke stated he feels within the city limits that anyone who has more than three dogs should be in violation of a city code. Goecke stated he is in favor of going beyond working with a particular zone but in favor of an ordinance in the city that no one dwelling can have more than three dogs. Glick asked if the exception would be a commercial kennel in commercial zone. Goecke stated there should be no exceptions. I Planning & Zoning Commission Page 5 Minutes February 26, 1997 Bryson noted he has taken a middle ground on the subject. Bryson stated looking at the present code, the RR is appropriate for CUP application. Bryson added he feels that small lot situations, whether RS 1 or RS, they should be limited to three dogs. Bryson stated preference would be that small lots be the classification rarely utilized, in RS 1 or RS 2. Bryson stated his intent would be for situations like Woodland and Redoubt subdivisions to be limited to three dogs. Mahurin stating she agrees with Werner-Quade noting she doesn't feel there is a major problem that needs to be changed. Mahurin added that without her dog, she would be lost. Mahurin stated she keeps her dogs in a small kennel and on a run and the neighbors let their cats run and torment the dogs. Mahurin stated if they talk about dogs, then they will have to talk about cats. Mahurin stated she doesn't feel it necessary at this point in the development of the city. Mahurin stated she has had wonderful luck with the animal control officer in the city. Mahurin stated she is not comfortable at this point without a big demand from the public to jump in and change the current code. Nord stated she lives in Woodland and sympathizes with the people there and the situation they are encountering. Nord stated she feels this is depriving other home owners of their quiet, peaceful enjoyment of their property. Nord stated she is inclined to go with a three dog restriction in the RS and RS 1 zones. Christian stated they already have on the books a three dog limit. Christian stated he felt they were discussing if they should allow more than three dogs or cats. Christian stated he would feel justified in adding any animal type. Christian stated in certain areas with large concentrations of people and animals problems develop. Christian added he felt it would make it easier for the animal control people to control the problem. Christian stated he is not against people having animals in any way. CHRISTIAN MOVED TO PROCEED WITH DEVELOPING SOME KIND OF RESTRICTIONS IN THE RS ZONES CONSISTENT WITH THE RR ZONES AND POLL MEMBERS TO SEE WHERE THEY CAN COME TO AN AGREEMENT. MOTION SECONDED BY NORD. Mahurin stated she is uncomfortable with the RS zone adding she understands a problem in a small area of the city and doesn't feel it proper to make an ordinance to cover all areas. Mahurin stated that perhaps they need to try to address the small area rather than the entire city. Goecke, noting he understands Mahurin's statement, but thinks there are a lot of people who are complaining that we don't hear about because of their neighbors having more than one animal, or having them running loose. Goecke noted that most people don't know that they can control that by calling the animal control officer. Goecke noted one instance wherein he told the people to call the animal control officer. Goecke stated he thinks there Planning & Zoning Commission Page 6 Minutes February 26, 1997 are a lot of people who don't know they have an avenue. Goecke noted he still feels strong about putting it into the code about anyone having more than three dogs in the city. Bryson stated his interpretation of the code is that the RR zone is more restrictive than the RS zone as regards animals. Bryson added he feels that is inappropriate. Bryson noted he has already stated his other opinions. Glick stated that perhaps if the animal control officer isn't interpreting it correct, he should be informed. Bryson stated he feels he is interpreting it correct. Christian stated that he is not necessarily recommending that all RS zones be restricted to three dogs but would like to look further with the small subdivisions being more restricted. Christian stated that larger lots could be allowed a variance. Christian stated he would like to continue the discussion and perhaps take another step before turning it down. Mahurin stated in theory she agrees. Mahurin added that she knows many residents who have dogs who have puppies. Mahurin stated if there is a problem the neighbors should feel free to contact animal control. Mahurin stated that she would be willing to vote yes if they were talking about a concept but added she is not comfortable with the entire RS zone. Mahurin stated if the intent is to bring up something before it is presented to the public she is agreeable. Christian noted that is his intent. Glick asked for motion to be read. Kebschull read the motion. Mahurin stated in hearing the motion she would have to vote no and asked Christian to come up a broader motion. Mahurin stated she is hearing that they want to bring RS in line with RR adding she is not sure what they have discussed in intention. Goecke stated, looking at the Land Use Table under animal boarding, the RR now in both cases is conditional use. Goecke noted that as Bryson noted that before if the square was left blank, that was not permitted. Goecke stated that now the interpretation is that it could be permitted. Bryson stated that is basically it. Goecke asked what would be wrong with making RS zones also a conditional use but they do have to come before P&Z rather than the animal control officer. Goecke commented on the neighbors having puppies which takes it over the limit is understandable. Goecke stated everyone knows that on any given day you can go to Carrs or K Mart and get puppies. Goecke stated that putting RS zones, under animal boarding, as conditional use should not be a problem. Nord stated that perhaps they need a definition of animal boarding before proceeding. Glick asked La Shot if he had a definition. Christian noted that the issue of puppies is addressed in the code and at three or four months considered an adult dog and covered under the animal control ordinance. La Shot stated there is no definition for animal boarding in the zoning code. Nord stated they would need to create a definition for animal boarding that would say if it would include kennels. Planning & Zoning Commission Page 7 Minutes February 26, 1997 Werner-Quade stated when she talked to animal control officer there were two gray areas, one is the definition of hobbyist as opposed to the commercial venture and what constitutes a private kennel and what is actually a kennel. Werner-Quade noted she feels they should review this. Werner-Quade stated another area that was gray was then how many can they have. This seemed to be up to Mr. Godek and what he seemed reasonable number for the size of the lot and the facilities available for the dogs. Werner-Quade noted that Mr. Godek does a really good job but asked what happens if he isn't here and someone else would be put in his position. Christian asked to withdraw the motion. Glick asked if any objections to Christian withdrawing the motion. No objection noted. CHRISTIAN MOVED TO CONTINUE THE DEVELOPMENT OF A MORE CLARIFIED ANIMAL BOARDING/KENNEL LAND USE. MOTION SECONDED BY MAHURIN. Glick asked for the motion to be read. Kebschull read the motion and asked for clarification if Mr. Christian meant the Land Use Table. Christian stated that was his intent. Bryson stated he felt that this was something staff would work out. Glick stated if passed, the Commission would be asking staff to bring back information to the Commission. Christian stated he felt the Commission would continue to develop this idea adding he assumed they would all be involved in it. Mahurin stated she felt that they needed a point with and that was something that staff should develop with their expertise. Mahurin added they then would have the option to mold, change, etc. Christian stated he felt that they should decide where to put them. VOTE: NORD YES MAHURIN YES CHRISTIAN YES BRYSON YES WERNER-QUADE YES GOECKE YES GLICK YES PASSED UNANIMOUS. Glick asked La Shot, based on the Commission discussion, to bring something back to the Commission. c. Proposed Amendments to KPB Chapter 5.14 and Chapter 21.18-Discussion Glick asked Bryson to speak to the amendments. Bryson noted the borough staff has proposed modifications to these two laws. Bryson stated they are basically addressing definitions, applicability under certain circumstances for the type of facilities that they deem appropriate for the habitat along the river. Bryson noted the other item is definitions for tax Planning & Zoning Commission Page 8 Minutes February 26, 1997 credit aspects of habitat protection along the river. Bryson noted that La Shot is on a committee that works with this. La Shot stated he is on the River Board and noted this is a housekeeping ordinance to take care of the loose ends since adoption. La Shot noted they are fairly new ordinances. La Shot noted a couple items are good for the city, one is a definition of where the mouth of the river begins. Bryson stated typical would be the fish cleaning stand which by itself is deemed by most people to be innocuous. Bryson stated presumably someone who has proposed to put up sides around this facility and put a roof on it, they want to clarify what can and cannot be done for certain type facilities. Bryson stated they want to come up with boardwalks that assist in vegetation regrowth rather than inhibit growth. Glick asked if the borough wanted the commission to vote and accept or just to peruse the document. Bryson stated the borough's intent was to give the city time to review and comment. Bryson stated if in concurrence, a letter would be graciously accepted. Glick asked if they would act on it next on March 10th. Bryson stated the planning commission would act on it at that meeting. GOECKE MOVED TO WRITE A LETTER OF APPROVAL, NOTING THERE WILL NOT BE ANOTHER MEETING TO LOOK FURTHER INTO THIS ITEM. MOTION SECONDED BY CHRISTIAN. Glick noted that reading through it there are several areas but only a couple items that had changes and those appeared to be for the better. Christian stated he noted that there is a segment wherein the city planning and zoning that can approve conditional uses in the city's borders adding the Commission will need to understand the intent of this. Glick noted the city would have to adopt the standards before that. Mahurin stated she agrees adding she felt for some time the City of Kenai had been remiss in protecting the river. Mahurin stated she feels they need to take a proactive stance in protecting the river adding her support. VOTE: MAHURIN YES BRYSON YES GOECKE YES GLICK YES CHRISTIAN YES WERNER-QUADE YES NORD YES MOTION PASSED UNANIMOUS. 9. OLD BUSINESS: a. Review of Title 14-Cabin Definitions Planning & Zoning Commission Page 9 Minutes February 26, 1997 Glick stated he hoped everyone had read the packet material. Glick stated the definition of cabin would stop the problem they had last year with three buildings on one lot. Werner- Quade asked Glick to clarify his statement. Glick stated on James Street wherein he was going to rent them by the day or week instead the month. Werner-Quade stated she had been told that there would be a roof to connect the buildings. Werner-Quade noted this had been at a P&Z meeting by Councilman Smalley. Werner-Quade asked about status. Smalley stated he was unaware of the status. Kebschull explained the plat had been redone and there still was not enough space for four cabins. Kebschull stated he has been issued a temporary occupancy permit for three of the buildings. Kebschull noted the fourth building was being used for storage. Kebschull added he has been given 120 days to come into compliance or the temporary occupancy permits will be revoked. Kebschull noted the letter was mailed on Monday. Werner-Quade asked what he had on the property. Kebschull stated he has three rental buildings. La Shot noted they are three principle dwellings. Werner-Quade stated that according to the UBC they are too small to be dwellings. La Shot stated a habitable dwelling had to be 120 square feet. Werner-Quade stated the dimensions were 14 X 16, taking the interior figure it is 196. Discussion about whether you would measure the interior or exterior of dwelling. Glick noted the use was different than the original proposal which was to rent by the night or week. Werner-Quade stated originally it was as a four plex. Glick stated if he rents on a monthly basis that changes the definition. Werner-Quade responded that it is not an allowable use without a conditional use permit. Werner-Quade stated she was just wondering because the last she had heard there was going to be a roof to connect them adding she will continue to follow this case. Werner-Quade stated she agrees with number one except the definition for cabin rentals as presented. Goecke asked if they had eliminated a lot line on James Street. La Shot stated that was how they ended up with enough square feet to get the area for three principle dwellings. Glick clarified he has single family dwellings, three of them, that are rented by the month. Werner-Quade clarified if they were single family dwellings and not cabins. La Shot stated they are principle structures rented by the month. Werner-Quade asked if they were called cabins if they would require a CUP? Glick stated that was because they would be rented for less than a month. Werner-Quade stated she agrees with item 2 and that they should redetermine which zones would require CUP's for cabin rentals. Christian asked if they are going to take each item as individual motions or all five under one motion. Glick stated if everyone agreed with all five that would be okay; however, if there are some they disagree, perhaps they should do them one at a time. Planning & Zoning Commission Page 10 Minutes February 26, 1997 CHRISTIAN MOVED TO ACCEPT THE STAFF DEFINITION FOR CABIN RENTAL. MOTION SECONDED BY MAHURIN. VOTE: CHRISTIAN YES BRYSON YES WERNER-QUADE YES GOECKE YES NORD YES MAHURIN YES GLICK YES PASSED UNANIMOUS. Goecke questioned information from Mr. Springer. Goecke stated he felt they should put some credence to what Springer is saying and in so doing number five could be eliminated. Goecke noted that reading Mr. Springer's letter brings to attention to some items in the attorney's letter that could create havoc. Goecke added that since Springer has to enforce this kind of thing, it looks like the city will have to hire someone to enforce this kind of stuff. Goecke commented he is not sure that is what the Commission wants. Goecke drew attention to the last paragraph in Mr. Springer's memo adding he felt the Commission needed to look carefully at it before they accept the information from the attorney. Mahurin stated she agrees that they not put anything about guest house which could cause problems. Mahurin stated she is comfortable with Mr. Graves' recommendations through number three. Mahurin stated she agrees that Mr. Springer's points on guest house are very important to consider. Glick drew attention to item 2. GOECKE MOVED TO ACCEPT ITEM 2 ASKING IF THE COMMISSION WANTS TO DETERMINE WHICH ZONES SHOULD BE INVOLVED. Discussion on the Land Use Table and the fact that blanks mean you can apply for CUP. Commission agreement that they need clarification on what the blanks in the table mean. Bryson stated he was rudely awakened when the former chairman told him the current interpretation and assumed it was from a council perspective. Smalley noted there are many, many court cases that Mr. Graves could reference which state if it is not spoken to it is okay. Christian stated that if when discussing the prime zone, they wanted to put a code "N" and fill in all the blanks with N's meaning not permitted. Christian stated then if they received a complaint, they could consider it. Clarification of motion on floor. Kebschull noted there was never a second. Goecke withdrew motion. Planning & Zoning Commission Page 1 1 Minutes February 26, 1997 CHRISTIAN MOVED THAT THE COMMISSION CREATE A NOTATION UNDER THE KEY FOR THE LAND USE TABLE, N FOR NOT PERMITTED AND THAT THEY PUT THIS N IN ALL BLANKS ON THE LAND USE TABLE. MAHURIN SECONDED THE MOTION. Bryson stated this is a very broad subject and the sort of thing they should deal with in a work session. Bryson noted there are a tremendous amount of areas that should be considered for CUPs and others that should not be. Bryson stated he felt they should look at them individually. Goecke stated he agrees with Bryson. Bryson stated the other aspect is that this would be interpreted as a major rezoning because it is so wide reaching. Bryson stated this is something that should be broadly opened to the public for comment. Christian asked if it would be appropriate to eliminate the second half of the motion about filling in all of the blanks but to have the "N" notation to use in the future. Mahurin noted her confusion adding that when she came on the Commission it was interpreted as being not permitted. Mahurin stated that if they have been operating for all these years that a blank means that it is not possible, that adding the N would not be a rezoning but a clarification of what they have been doing all along. Glick stated he would tend to agree with Mahurin but added he doesn't know how it would be interpreted legally. CHRISTIAN AMENDED PORTION OF MOTION THAT ELIMATES ADDING THE N TO ALL BLANKS UNTIL FURTHER DISCUSSION BUT TO STILL CREATE THE N NOTATION SO THAT INDIVIDUAL ITEMS CAN BE ADDRESSED IN THE FUTURE. Mahurin stated that in her experience with the law, past practice is something that weighs heavily. Mahurin stated that if this has been the past practice of how the board has operated, perhaps they need a legal opinion. Mahurin added that perhaps they should table it to the next meeting until they have a legal opinion. Smalley stated it has been dealt with that if it is blank, an individual then applies for CUP and it is generally approved. Smalley stated that Bryson's suggestion for a work session and having La Shot and the city attorney present would be beneficial. Smalley added that Christian's suggestion to create the N category is something for the Commission to look at. Mahurin asked why there are C's on the table if everything is open to a conditional use permit. Mahurin reiterated she would like the current interpretation clarified before doing anything else. Planning & Zoning Commission Page 12 Minutes February 26, 1997 MAHURIN MOVED TO TABLE THIS DISCUSSION UNTIL THE COMMISSION HAS AN OPINION FROM THE ATTORNEY AS TO HIS INTERPRETATION OF THE BLANKS ON '~ THE LAND USE TABLE. GOECKE SECONDED THE MOTION. Glick noted there is no discussion on a tabling motion adding this will be tabled until an opinion is received from the attorney. VOTE: BRYSON YES GOECKE YES MAHURIN YES GLICK YES WERNER-QUADE YES NORD YES CHRISTIAN YES PASSED UNANIMOUS. Glick noted the motion had passed so they would wait for the opinion and then decide if they should have a work session or where to continue from here. Goecke stated looking in the Land Use Table and gong back a few years, the city built a fire training center on property in the IL zone. Goecke noted there is no place that permits this use adding all the squares are blank. Goecke noted they had given permission for that adding this has been aflip-flop thing with interpretation of the table. Glick asked if the Commission wanted to go onto Item 3. NORD MOVED TO DELETE THE PHRASE FOR MORE THAN TWO PEOPLE FROM THE DEFINITION OF ROOM. MOTION SECONDED BY CHRISTIAN. VOTE: WERNER-QUADE YES GOECKE YES NORD YES MAHURIN YES CHRISTIAN YES BRYSON YES GLICK YES PASSED UNANIMOUS. Glick asked if the Commission wanted to do anything with Items 4 or 5. Agreement to not proceed with these items. 10. CODE ENFORCEMENT ITEMS: 11. REPORTS: a. City Council Planning & Zoning Commission Page 13 Minutes February 26, 1997 Smalley noted there is a copy of agenda in the packet. Smalley noted he was out of town when this meeting was held. Smalley stated there were ordinances that were introduced, Item H3 was setting up revenue appropriations for the AARF project. Smalley noted this has about a $10.7 million price tag. HS stated $8.9 would come from the federal government and only about $1.8 would come from airport revenues. Smalley noted this is one of the few projects that the city can use airport funds for. Smalley noted he has copy of the packet if anyone would like to see it. Mahurin asked if there is a public hearing scheduled on a two tier salary proposal for city employees. Smalley stated he didn't know but that it had been brought up at a work session with the mayor. Smalley stated it will probably be discussed at budget time. Glick asked about them tabling the award of the contract to Mapco. La Shot stated the major concern is the inconvenience and safety problem by large equipment and fire trucks fueling there. Glick commented that the public doesn't have any problem nor the fuel trucks who deliver fuel at Mapco. Christian asked the city's intention. La Shot stated the city manager asked to table it to reconsider the matter. La Shot stated the city manager may at the next council meeting make a suggestion to retain the present fueling facility for diesel and go to Mapco for the gas. La Shot stated that with the larger equipment there is some concern if they can be fueled safely during summer busy times. b. Borough Planning Bryson noted packet information is in the packet. Bryson drew attention to the agenda. The items in A, B, and C were approved as part of the consent agenda, with exception of Item 5A2 which has to do with timber harvest. Item E, Ordinance 97-04, adding a new classification for borough owned lands to recognize historical sites was postponed due to written requests addressing concerns. Item F3, an ordinance to create a trails commission, was recommended for approval with the planning commission brought into the bureaucratic loop. Ordinance 97-15 would allow neighboring property owners and others with prior interest to purchase borough lands by matching the highest bid. Bryson noted there was a significant amount of concern and this was postponed. Bryson stated the concern was that it was undercutting the bidding process. Under special considerations H-1, was denied. Item 2 was approved. Item 2-B was pulled from the agenda. Under the coastal management program considerations, Item 1-6, was approved. Item L-1 was postponed. The Planning Directors considerations, concerning prior use considers on borrow sites, were approved. Under director's comments, Item N-1, the Planning Director reported that a person who owns a number of lots in a subdivision had taken issue with the Planning Commission's recommendation to grant a vacation of a portion of an easement. Bryson noted it was a well in a portion of an easement. The commission vacated an area of a 2 foot radius around the well and other owners objected. Bryson stated it looked like it will result in a court case based on the ten page brief they were given from an attorney. Planning & Zoning Commission Page 14 Minutes February 26, 1997 c. Administration La shot noted the River Board meeting minutes of January 16t" in the packet. At the February meeting the board voted to release the final new comp plan public draft fora 60 day period. La Shot noted he hasn't received the copy from the state and when he does he plans to provide copies to the Commission. La Shot noted the invitation to the March 13~h Airport Commission meeting for an informational meeting on the Airport Master Plan. La Shot noted the plan is about 80 percent done. 12. PERSONS PRESENT NOT SCHEDULED: 13. INFORMATION ITEMS: a. Kenai River Special Management Advisory Board Minutes of 1/16/97 b. Airport Master Plan Public Information Meeting 3/13/97 at 7 p.m. 14. COMMISSION COMMENTS & QUESTIONS: Mahurin shared her experience in Washington, D.C. when it snowed while she was there. Mahurin stated that on the t.v. they noted emergency conditions with an inch of snow. Mahurin stated it drew attention to the fact that it truly is relative. Goecke noted a conversation before his last meeting with Kathy Scott on the Challenger Project. Goecke stated he was told that there had been a number of information items put here at city hall that were being distributed to commissions in the city. Goecke noted he doesn't know who they were given to noting he would have liked to have seen them. Goecke noted this is not a favorite project of his. Goecke noted Scott provided information on the project that swayed his thinking somewhat. Goecke asked if Kebschull could obtain copies of the information for the Commission. Nord stated there is a Planning Commissioner's Journal if anyone would like the address. Nord noted it is $45 for a year. Nord stated this information was provided by Liz Benson who did the training session in December. Christian thanked commission for getting involved in the kennel discussion. Werner-Quade stated she hopes that they get the Land Use Table cleared up noting she had been confused with this process. Werner-Quade commented that this reminds her of the KPD officer who had been attempting to get his job back. Werner-Quade stated he was given his job back since he had never been reprimanded. Werner-Quade stated she didn't want any similar surprises with the Land Use Table. Planning & Zoning Commission Page 15 Minutes February 26, 1997 15. ADJOURNMENT: Meeting adjourned at approximately 8:35 p.m. Respectfully submitted: ,~ 1.~„i a ilyn Kebschull Administrative Assistant Planning & Zoning Commission Page 16 Minutes February 26, 1997