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HomeMy WebLinkAbout1997-03-26 P&Z MinutesCITY OF KENAI PLANNING AND ZONING COMMISSION j **AGENDA*'* KENAI CITY COUNCIL CHAMBERS March 26, 1997 http://www.Kenai.net/city 6:00 p.m. WORK SESSION: 1. Review of the Land Use Table 7:00 p.m. REGULARLY SCHEDULED MEETING: 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: March 12, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ97-8-Buffalo Run Subdivision b. PZ97-10-FBO Subdivision No. 6 i 6. PUBLIC HEARINGS: a. PZ97-1 1-Rezoning Application, FOB Subdivision No. 6 7. NEW BUSINESS: 8. OLD BUSINESS: a. Kennel Ordinance 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Kenai River Special Management Area Advisory Board Minutes b. City of Soldotna, Ordinance 640 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Agenda March 26.doc CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** KENAI CITY COUNCIL CHAMBERS March 26, 1997 http://www.Kenai.net/city 6:00 p.m. WORK SESSION: 1. Review of the Land Use Table 7:00 p.m. REGULARLY SCHEDULED MEETING: 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: March 12, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ97-8-Buffalo Run Subdivision b. PZ97-10-FBO Subdivision No. 6 1 6. PUBLIC HEARINGS: a. PZ97-11-Rezoning Application, FOB Subdivision No. 6 7. NEW BUSINESS: 8. OLD BUSINESS: a. Kennel Ordinance 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Kent niver Soectai-Management Area Advisory Board Minutes b. City of Soldr+na, Ordinance 640 13. CO-~JIMISSION COMMENTS & O,UESTIONS: 14. ADJOURNMENT: Agenda March 26.doc Planning & Zoning Commission ***Work Session*** March 26, 1997 - 6:00 p.m. City Council Chambers Chairman Carl Glick Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord, Karen Mahurin, Michael Christian Members Absent: None Also Present: City Engineer Jack LaShot, Councilman Hal Smalley, Councilwoman Linda Swarner, City Attorney Cary Graves, Contract Secretary Debby Fahnholz The work session was called to order at 6:26 p.m. Commissioner Christian proposed that the "N" be added for "Not Permitted" to define the code more clearly. He suggested taking a section at a time. Commissioner Bryson felt that the potential was so varied that each situation should go through the conditional use process and felt they should use the "N" category very selectively. He felt that "N" categories should go where appropriate but there would be a number of situations that would need to go through a conditional use process. Commissioner Mahurin felt that if the category was left blank it was to be considered as not permitted. Attorney Graves stated that the was under the impression that a blank meant it was not allowed, but felt for clarity's sake he would like to see a "C" or "N" and all of the blanks filled in. He felt an "N" would mean they couldn't even apply for a permit. Commissioner Mahurin felt that it should be more black and white. Commissioner Nord was uncomfortable with filling everything in with an "N" . Commissioner Bryson stated that typically there isn't a category and they try to find the one that matches closest. He stated that the staff's work is the same either way. Planning and Zoning March 26, 1997 Page 1 Commissioner Christian stated that if someone had a mobile home in an RS2 area, they could apply. Attorney Graves responded that mobile homes are excluded. Commissioner Christian asked about a townhouse in RS 1. Commissioner Bryson stated that there are several situations where there are no listings, so they have to find a category that comes close. He felt that he would like to see "N" in the categories where they are appropriate. Commissioner Christian suggested that they start with the Commercial categories. He stated he would like to see "N" in all the residential zones. Commissioner Mahurin asked about the "C" zones. She suggested a show of hands to show consensus of everyone. Commissioner Bryson asked if there were any private properties in the Conservation zones. Commissioner Nord stated that there were a few that she knew of. Commissioner Werner-Quade suggested an "N" all the way down the Conservation column. Commissioner Christian stated that if we put "N" in there now it can be changed later if there is a specific request. City Engineer LaShot stated that there have been instances where there were high and dry properties that were zoned Conservation. He felt that there could be instances where the zoning could be changed by request. By show of hands all commissioners agreed to place "N" all the way down the Commercial category for the Conservation zone. Commissioner Christian asked if there should be an "N" in any of the RR zones. Commissioner Bryson felt uncomfortable leaving those open. Commissioner Christian felt they should be left for further consideration. Commissioner Werner-Quade felt more comfortable with an "N". Commissioner Mahurin suggested an "N" all the way down. The suggestion was voted down by show of hands. Commissioner Christian asked if RRl was more restrictive. Commissioner Bryson stated that there are smaller lot sizes in RRl. Engineer LaShot stated lot sizes are not the issue, but that they are zoned for duplexes. Commissioner Werner-Quade stated she felt they should take each category one by one. Commissioner Goecke felt this could take forever and felt they were going at the effort all wrong. He felt nobody really knew what they wanted to do and suggested postponing it and to have each commissioner go home and check the boxes as they felt they should be marked and meet again. He suggested that if a majority felt the same way, then it should pass. Planning and Zoning March 26, 1997 Page 2 Commissioner Glick felt that a minority vote should at least get their say. Commissioner Mahurin suggested getting an administrative point of view also. Engineer LaShot stated he could do a list also. Commissioner Goecke felt the objective was to get a letter in every space. Commissioner Werner-Quade asked if any categories besides mobile homes should be removed. Attorney Graves stated that as the administration goes over the list they will come up with a clean copy. Commissioner Glick suggested another work session to go over the list. Commissioner Christian suggested the next meeting. Commissioner Goecke suggested deferring to Attorney Graves. Attorney Graves stated he would be out of town on April 3rd. Commissioner Mahurin will be out of town on the 23rd. Commissioner Christian stated he would be out from the 15th to the 22nd. Commissioner Glick suggested the 11th or the 14th. Commissioner Bryson has a Borough Planning Commission meeting on the 14th. It was agreed to meet on the 11th at 7:00 p.m. Commissioner Bryson asked about the zoning district's 3 and 4 family dwellings with or without water and sewer. He felt that the chart may need to be divided. Commissioner Glick stated he wasn't following the question. Commissioner Werner-Quade asked if that would be an apartment. Commissioner Bryson asked to have the question disregarded. The work session was adjourned at 7:00 p.m. Planning and Zoning March 26, 1997 Page 3 Planning & Zoning Commission ~~~Minutes~~~ March 26, 1997 - 6:00 p. m. City Council Chambers Chairman Carl Glick 1. CALL TO ORDER AND ROLL CALL Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord, Karen Mahurin, Michael Christian Members Absent: None Also Present: City Engineer Jack LaShot, Councilman Hal Smalley, Councilwoman Linda Swarner, City Attorney Cary Graves, Contract Secretary Debby Fahnholz 2. APPROVAL OF AGENDA COMMISSIONER GOECKE MOVED TO ACCEPT THE AGENDA. COMMISSIONER MAHURIN SECONDED AND ASKED FOR UNANIMOUS CONSENT. NO OBJECTIONS TO UNANIMOUS CONSENT. AGENDA APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES COMMISSIONER MAHURIN MOVED TO ACCEPT THE MINUTES OF MARCH 12, 1997 AND ASKED FOR UNANIMOUS CONSENT. COMMISSIONER GOECKE SECONDED. MINUTES WERE APPROVED BY UNANIMOUS CONSENT. 4. PERSONS SCHEDULED TO BE HEARD None. 5. CONSIDERATION OF PLATS Planning and Zoning March 26, 1997 Page 4 A. PZ97-8 -Buffalo Run Subdivision COMMISSIONER CHRISTIAN RECOMMENDED APPROVAL OF PZ97-8. MOTION SECONDED BY GOECKE. City Engineer LaShot stated that there has been an application to rezone. He stated that this will be scheduled for the next meeting and has already been advertised. Commissioner Mahurin was confused why they would approve before the rezoning. Engineer LaShot felt it was to assist the developers. Commissioner Nord asked if the rezone requires a public hearing. Engineer LaShot responded yes. Commissioner Nord stated she was not in favor of approving first. Commissioner Bryson felt that both need to be addressed at the same time and felt the city engineer's suggestion was appropriate. Commissioner Christian felt that they both needed to be addressed at the same time. Commissioner Mahurin asked if the motion was to accept with the city's recommendation. Commissioner Christian responded yes. Commissioner Christian asked if fill would need to be brought in. The response was no, it was not planned, but they were unsure if there could be sewer systems in the back lots without a major lift station. Commissioner Christian asked if it is not approved here would it still go before Borough Planning. Commissioner Bryson responded yes. Commissioner Nord withdrew her negative response. VOTE: BRYSON: YES WERNER-QUADE: YES GOECKE: YES NORD: YE5 MAHURIN: YES CHRISTIAN: YES GLICK: YES MOTION PASSED UNANIMOUSLY. B. PZ97-10 - FBO Subdivision No. 6 COMMISSIONER WERNER-QUADE RECOMMENDED APPROVAL OF FBO SUBDIVISION NO. 6. MOTION WAS SECONDED BY COMMISSIONER CHRISTIAN. Planning and Zoning March 26, 1997 Page 5 VOTE: WERNER-QUADE: YES NORD: YES CHRISTIAN: YES BRYSON: YES GOECKE: YES MAHURIN: YES GLICK: YES MOTION PASSED UNANIMOUSLY. 6. PUBLIC HEARINGS a. PZ97-11 -Rezoning Application, FOB Subdivision No. 6 COMMISSIONER CHRISTIAN RECOMMENDED APPROVAL OF PZ97-11, REZONING APPLICATION, FOB SUBDIVISION NO. 6. MOTION SECONDED BY COMMISSIONER MAHURIN. VOTE: NORD: YES: BRYSON: YES CHRISTIAN: YES GOECKE: YES WERNER-QUADE: YES MAHURIN: YES GLICK: YES MOTION PASSED UNANIMOUSLY. There was no one to comment during the public hearings. 7. NEW BUSINESS None. 8. OLD BUSINESS Kennel Ordinance -Commissioner Christian asked to take a look at the grandfather clause. He didn't care for the open-ended clause, but felt that some day there should be an end to it. Commissioner Goecke agreed and felt that there should be no kennels within the city limits, but felt that there should be a time frame given. Attorney Graves felt that a commercial operation would be able to say their operation was taken away if that were done. Commissioner Christian stated that there was only one instance where there is a commercial operation. He felt that they could be given a conditional use permit. Commissioner Goecke Planning and Zoning March 26, 1997 Page 6 felt that there could be a tough situation in telling these people they had to remove their dogs. Commissioner Christian felt it was not the intent to make people put their dogs down. Attorney Graves stated that he got the impression from Godek that it was not the intent to shut down the kennels, but that eventually they would limit themselves. Commissioner Mahurin felt that everything was working well as it is. She felt if this ordinance is approved that the existing permits should be grandfathered. Commissioner Bryson felt the grandfather issue has been addressed. He stated that if there were complaints, that there should be some flexibility to reach a compromise. Commissioner Christian asked if the permit was denied then could there be an appeal. Attorney Graves responded that as long as they get a clean bill and keep their permit renewed, then there won't be a problem. Commissioner Bryson proposed that RSl, RS2, TSH and RUs be left blank. Commissioner Nord asked that RS also be added. Commissioner Christian felt RS1 should be left open. Commissioner Werner-Quade agreed and felt that there should be restrictions on the RS2, TSH and RUs. Commissioner Goecke felt that all kennels should be banned within the city limits. Commissioner Bryson felt that there should be allowances for facilities to be available within the city. Commissioner Mahurin stated that it could be viewed as discriminatory to disallow dogs and yet allow ducks and geese and horses. She felt that she would rather be proactive. Commissioner Christian felt that approaching the livestock issue could be presented again later. COMMISSIONER BRYSON MOVED TO HAVE RS2, RU AND TSH INSERTED INTO THE APPLICABLE PORTION OF THE PROPOSED ORDINANCE. COMMISSIONER NORD SECONDED. Commissioner Goecke asked why not include RS. Commissioner Bryson stated that typically they have larger lots. Commissioner Goecke stated that he would like for purposes of discussion to include all of RS, RS 1 and RS2. He felt that they should be included because the lots can get down to 7200 square feet. Planning and Zoning March 26, 1997 Page 7 COMMISSIONER GOECKE MOVED TO AMEND THE MOTION TO INCLUDE RS AND RS1. COMMISSIONER CHRISTIAN SECONDED THE MOTION. Commissioner Bryson felt that it would get killed at the public hearing level. He stated that you could not even develop water and sewer on a 7200 square foot lot and you can only build on every other lot if they are that small. Commissioner Christian suggested making it a conditional use in that situation. Commissioner Bryson felt that if people wanted to they could rezone. VOTE ON AMENDMENT ONLY: GOECKE: YE5 NORD: NO MAHURIN: NO CHRISTIAN: NO GLICK: NO BRYSON: NO WERNER-QUADE: NO AMENDMENT FAILED. VOTE ON MOTION: NORD: YES CHRISTIAN: YES BRYSON: YES GOECKE: NO MOTION PASSED. MAHURIN: NO GLICK: YES WERNER-QUADE: YES Attorney Graves stated that he would prepare the packet with the three zones on it. 9. CODE ENFORCEMENT ITEMS None. 10. REPORTS a. City Council -Councilman Smalley reported that city will be adding City of Kenai medallions to townsite historic signs. EDD is going through transition. Resolutions 97-16 and 97-17 both passed unanimously. On Item H.4 Kathy Scott will be putting together a symposium to discuss long term economic growth for April 26th. This will be held at the Senior Center and is open to the public. Werner-Quade asked what the EDD does. She stated that she was familiar with who they were and had been to their work sessions, and been to their recycling worksessions, but asked what exactly they were supposed to do. Councilman Smalley Planning and Zoning March 26, 1997 Page 8 responded that they assist getting incubator businesses started and do promotional activities. He stated that at one time they were involved in assisting the City of Kenai in drafting publications for a hockey rink or skating facility. Werner-Quade responded that she had read the proposal and asked if Councilman Smalley had read the proposal. She felt that the proposal was so outrageous and so outdated that she could not believe that someone had paid a person from EDD to do the study. She felt that there was never any feedback or input and that she had been told that if there were any comments they should be directed to Mayor Williams. She stated the report was on one page and in the middle of the page under the cost effectiveness it said you couldn't trust any of the report since we live in Alaska and the prices are outdated and the figures were taken from 1984 or something. Councilman Smalley responded that there was concern from Council on that particular report and that it is now being looked at as a different type of facility down the way, at a lower cost. Commissioner Werner-Quade felt that she would like to see a rink but felt the whole study was hokey. Councilman Smalley responded that their function is to help promote business or economic development within the whole peninsula, not just the City of Kenai. Commissioner Werner-Quade felt that it should be looked into where the money is being spent that is collected from the taxes. Councilman Smalley responded that she would be better off to call them and ask. Commissioner Werner-Quade asked if it was what it appears to be. Councilman Smalley felt it is what it appears to be. Commissioner Werner-Quade asked about the economic symposium. She asked if there was atie-in with the EDD. Councilman Smalley stated that they will probably be there and that there has not been any goal setting with Council in probably three years. He stated that this is to look at the 5-10 year economic development of the city. Commissioner Werner-Quade stated she had first become concerned about the EDD a couple of years ago when she first saw their color, glossy brochure. Commissioner Goecke commented that he had heard once that the EDD was amoney-laundering facility for the borough. b. Borough Planning -Commissioner Bryson stated that they met last Monday. He reported that the consent agenda was approved. Changes proposed to habitat protection zone restricting boardwalk lengths was not approved. Their recommendation was to leave that portion of the ordinance the way it is and felt if Soldotna comes up with a situation where it could be appropriate, a conditional use Planning and Zoning March 26, 1997 Page 9 permit could be issued. Public hearings were held on proposed street name changes. Two were requested to be reconsidered and they will be readvertised. Castaway Cove Subdivision request to build a structure. Their recommendation was to approve under the conditions of Fish and Game and DEC. They are not in favor of the proposed project without changes to the designed facility. Airport Coastal Zone management review was up for comments. There were several recommendations made for proposed Taxiway C. Item L1 authorizing the sale of 8,000 acres of land near Pt. Possession. The petitioner proposed to purchase the land for $1 million and the cost of the road to the land was to be deducted from that amount. The Borough felt the road would have to be up to borough standards and would be at the developer's expense. Negotiations are still under way. The person developing the pit near Chiechanski Road felt it should be grandfathered. The administration decided it had been in progress. The decision was appealed. The Planning Commission ruled it had been under development. They appealed to the Assembly. The Assembly reversed the decision. They now have to apply as a new pit. b. Administration -Engineer LaShot stated that he and Marilyn will not be at the next meeting. He reported that probably Bob Springer would attend. 11. PERSONS PRESENT NOT SCHEDULED None. 12. INFORMATION ITEMS Referred to items in packet. 13. COMMISSIONER COMMENTS & QUESTIONS Commissioner Mahurin asked to get comments on the Airport Commission meeting. She stated she was disappointed that City Council didn't hire a City Manager. Commissioner Bryson stated that he attended the Airport meeting and that they mainly Planning and Zoning March 26, 1997 Page 10 ~, discussed the Master Plan and discussed proposed relocated facilities at the airport. Commissioner Christian commented on the ordinance from Soldotna and felt it was a progressive step and something the city of Kenai could apply also. Commissioner Werner-Quade commented on the EDD and felt that they should change their name or maybe their stance. She did not feel that they are a business. Councilman Smalley responded that the best place for her to express her concerns were with the Assembly. He stated that during the work session for the City Manager there was concern over the number of applicants and the caliber of the candidates. He stated the majority felt they would like to continue the search next fall and requested Mr. Ross to continue until then. Commissioner Christian asked if it was because the Council anticipates a turnover in the Council in the next election. Councilman Smalley responded that it was due to the budget process in progress at this time. He felt that there was too small a turnout in the candidate search. Commissioner Glick congratulated Commissioner Mahurin on her award. 14. ADJOURNMENT COMMISSIONER GOECKE MOVED TO ADJOURN. COMMISSIONER MAHURIN SECONDED THE MOTION. The meeting was adjourned at 8:25 p.m. Respectfully submitted, Debby J. F olz Planning and Zoning March 26, 1997 Page 11