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HomeMy WebLinkAbout1997-12-10 P&Z MinutesCITY OF KENAI PLANNING AND ZONING COMMISSION ~;~ AGENDA ~~ KENAI CITY COUNCIL CHAMBERS December 10, 1997 - 7:00 p.m. http: //www. Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: November 26, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ97-55-Rezoning Application-Tract 1A, Parson's Homestead #3 from Rural Residential (RR) to Suburban Residential (RS). Application submitted by Clint D. Hall, 1212 First Avenue, Kenai, Alaska. 7. NEW BUSINESS: ~ a. PZ97-56-Home Occupation Permit-Massage Therapy-Lot 9, Block J, Woodland Subdivision (610 Laurel Drive)-Application submitted by Sharon L. Van Natta. 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Adr~riinistration 11. PERSONS PRESENT N.OT SCHEDULED: 12. INFOF~MATION ITEIIIIS: - a. KPB letter dated 11 /26J97 to Brian Lowe b. KPB Planning Commission Action of'ltlovember 24, 1997 c. KPB Planning Comr~tission 1998 Calendar d. City of Kenai Ordit~amce No. 1763-97 e. City of Kenai Plan~nfng Commission 1998 Calendar 13. COMMISSION COMN~S &~fSTIO111S: 14. ADJOURNMENT: r~ CITY OF KENAI ~ PLANNING AND ZONING COMMISSION December 10, 1997 - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** Chairman Glick called the meeting to order at approximately 7:00 p.m. 1. ROLL CALL: Members Present: Carl Glick, Teresa Werner-Quade, Ron Goecke, Barb Nord, Michael Christian Members Absent: Phil Bryson, Karen Mahurin Others Present: Administrative Assistant Marilyn Kebschull, Councilman Hal Smalley, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA: GOECKE MOVED TO APPROVE THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. CHRISTIAN SECONDED THE MOTION. AGENDA WAS APPROVED AS PRESENTED. 3. APPROVAL OF MINUTES: -November 26, 1997 WERNER-QUADE MOVED TO APPROVE THE MINUTES OF NOVEMBER 26, 1997 AND ASKED FOR UNANIMOUS CONSENT. CHRISTIAN SECONDED THE MOTION. MINUTES FOR NOVEMBER 26, 1997 WERE APPROVED AS WRITTEN. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: None 5. CONSIDERATION OF PLATS: -None 6. PUBLIC HEARINGS: 1. PZ97-55 -Rezoning Application -Tract lA, Parson's Homestead #3 from Rural Residential (RR) to Suburban Residential (RS). Application submitted by Clint D. Hall, 1212 First Avenue, Kenai, Alaska. Planning & Zoning Commission December 10, 1997 Page 1 GOECKE MOVED TO APPROVE PZ97-55. MOTION WAS SECONDED BY NORD. Trish Sorrels, 1703 Redoubt asked if the rezone would affect anybody with livestock in the area or would it change the ordinance. Glick replied it would only affect the land that is being rezoned and unless she lived on the land being rezoned she shouldn't be affected. Sorrels stated she lived across the street. Glick informed Sorrels that her property would not be rezoned. Joe Moore, 1006 Inlet Woods stated he had a copy of the Land Use Table that will be considered by Council soon. Moore further stated he had no problem with the rezone as proposed with the exception of the RR which permits 5 and 6 family dwellings as a conditional use. Moore indicated this is the way the land is zoned now. The proposed change is to RS which is a "P" for permitted use. Moore continued, stating the minimum lot size in RR is 20,000 sq. ft. and a RS minimum lot size is 7,000 sq. ft. He stated, he was concerned that a five or six-family dwelling could be put on a 7,000 sq. ft. lot without a "C" (conditional use permit). Moore asked, if the rezone was approved, could the Commission put a "C" or an asterisk on the approval to note that multi-family dwellings of five or six families would be conditional on this parcel. Christian stated this was addressed and it was determined that a certain number of feet is required by other rules in order to have a 4, 5, or 6 family dwelling. Kebschull stated for clarification that in addition to the Land Use Table there is a Developments Requirement Table. In a RS zone, afive-family dwelling would require a minimum of 10,000 sq. ft. and asix-family dwelling would require 12,000 sq. ft. These require public water and sewer. The minimum lot size of 7,200 sq. ft. would be up to a three- family dwelling. Moore asked if the minimum lot of 7,200 sq. ft. would require city water and sewer. Kebschull replied, the table would probably need to be clarified but DEC requires at least 20,000 sq. ft. if there is no public water or sewer. Moore asked if there was City water and sewer in the Parson's Homestead. Kebschull answered, no but there will be water for sure and possibly sewer. This will be part of the installation agreement when the plat is presented. At this time, they are just asking to rezone the property and then will come back with a plat. The plat would be divided into lots and at that time the City will address water and sewer requirements, street width, designs, standards, etc. Planning & Zoning Commission December 10, 1997 Page 2 Moore asked who would put in the water and sewer? Kebschull answered, the developer. Moore reiterated his concern of the large lot being "permitted" and the small lot "conditional." Christian asked if there was a discrepancy in the Land Use Table would it be possible to amend it before it goes to Council. Kebschull stated the reason the larger family dwellings are allowed in the RS zones is because the lots typically have water and sewer. Kristine Schmidt, Kenai, Alaska stated she didn't have a chance to review any of the information but understands a rezone is being asked for in order to put more houses on the same piece of land. Kebschull stated, she thought it was 75 acres they asked to rezone and, at this time, it is one piece of land. Kebschull again stated a plat has not been seen but the rezone will determine the lot sizes. Schmidt continued, she was against rezoning in general because it changes the Comprehensive Plan. There is a reason for the Comprehensive Plan that was a result of a lot of input from people in the community and the public officials in the City. The Comprehensive Plan should not be changed unless there is a public reason to change it instead of only for private interest. Schmidt added, she believes the request for a rezone from RR to RS is for the development of ahigh-intensity subdivision. Schmidt said "you can still subdivide under the RR classification, you just can't put as many homes in the same area, you have to go to the RS designation then". Schmidt stated there is already a lot of high-intensity subdivisions in the area and there is no need for any more. There is affordable housing, empty lots, and a very large subdivision right next door that has many empty lots available that was subsidized by the taxpayers in the City of Kenai. (Schmidt pointed out the various areas on the map.) Schmidt added, she felt any more competition in that area would cause more tax dollars to be spent to subsidize the subdivision. Additionally, the infrastructure in the area is already at the breaking point with City water and sewer. There is bad water pressure, bad water, roads that are sub- standard and overcrowded. More high intensity subdivisions in the area will only add to the problem. Subdividing the proposed area will put a lot more pressure on Forest Drive because people would use Forest Drive to access the Spur Highway and not use Redoubt. Schmidt also mentioned the overcrowded elementary school where kids can't even attend their neighborhood school anymore because it's only Kindergarten through second grade. Schmidt stated, since the City does not require subdividers in the City of Planning & Zoning Commission December 10, 1997 Page 3 Kenai to pay their fair share of costs to the infrastructure that their developments cause, then the City should be very selective about allowing further high-intensity subdivisions in the area. Again Schmidt pointed out the various subdivisions on the map as Woodland, the area by the prison, and Inlet Woods. Schmidt stated the developer can still develop the lot and subdivide it, but it just won't be at the high intensity that the RS designation allows. Schmidt believes the burden is on the applicant to justify a rezone and she didn't think this rezoning request is in the public interest. Christian expressed concern with the infrastructure in the area and mentioned the State's plan to improve Forest Drive. Christian asked if any new water or sewer would be put in when the road work is being accomplished. Kebschull replied that it was not part of the plan at this time. She also pointed out the developer may be required to put in a lift station for the sewer. Christian asked if the increase in sewage water was the major problem as opposed to water pressure. Smalley answered, in the peak use time (summer time) is when the water pressure goes down, especially on the west side of town. He continued, the City is investigating placing an additional well off the end of Lawton by the golf course which will help to correct this problem. There is a good aquifer in there and the pressure and volume problems should be remedied once that well is on line. It was asked when this new well will be operational. Smalley answered, there was no real time line, but perhaps in one to two years. Smalley addressed Schmidt's statement about the many available lots in the subdivision. Smalley pointed out that many of those lots are in litigation and nothing is being done or can be done with them until the issues are resolved. He doesn't see anything being done with that in the very near future as it's already been 10 to 12 years for some of them. Smalley continued, in a subdivision where water or sewer (or both) is put in, which the developer will probably be doing here, the lot does not remain RR. Kebschull verified that was correct, and added, the City Engineer has had conversations with the developer at which time he was told the lots will not be 7,200 sq. ft. She explained, if the developer plans for lots that size, he may be required to pave and put in curbs and gutters. The developer wants to develop a RS zone, but the lots proposed will probably be in average of 15,000 sq. ft. Christian asked if he would not be required to do any of the work mentioned if he had the larger size lots. Kebschull replied, with the new DEC regulations regarding drainage where you cannot put in dry wells, it basically has to drain into the ground. If the area is paved then there would be no where for the water to go as it is all flat. When the plat is Planning & Zoning Commission December 10, 1997 Page 4 ~- reviewed it will probably be recommended that he do strip paving and ditches so that the water can run off. All of these issues would come before this Commission when the plat comes in for the installation. The developer also has to put a bond in with the City and the plat cannot be finalized until the installation is complete. Nord asked if the developer planned to put in the septic systems or will he hook into public water and sewage. Kebschull answered, he has asked and received information on hooking into water. Kebschull thought he may be planning to hook into sewer, at least for those lots in front. The lots in the back will probably not be developed for some time as it will be a phased-in project. The developer will not spend the money for a plat until he knows what happens with the rezone. At this time he is just looking at his options. If the rezone does not go through, then he may just put in septic systems. Goecke stated, he thought the cart was being put before the horse because the developer was requesting a rezone at this time. When the plat is before the Commission and they find they don't like what he has drawn up, they can turn him down. Goecke continued, Forest Drive is a problem but he hoped to see the improvements made in the near future. He added, he felt that if he lived over there he would probably come out by the corner of Spenard's to come to town. Goecke noted, he had no objection to rezoning the area at this time. Goecke felt the City needed some land to develop, especially since the adjoining subdivision was still tied up legally. Werner-Quade requested that staff state for the record who "he" or the "developer" is. Kebschull replied, Clint Hall. Nord expressed concern regarding the water pressure in the area and is hesitant to rezone until the problem has been recitified. She did not think one to two years was acceptable. If the new houses go in the area the water pressure problems will increase. Nord added, she was not against the rezone per se or rezoning in other areas, but the area in question was already overtaxed in regard to the water system goes. Christian agreed that more areas are needed for housing development as most subdivisions are full except for the new one on Swires Road which has a ways to go before it is completely developed. Christian also agreed the infrastructure in the area and Forest Drive was not ready for a large subdivision. He added, he didn't think the water pressure was sufficient and it appeared the drainage would be a problem if there was going to be a large number of lots, especially small lots, all trying to drain into the swamp behind the subdivision. Kebschull verified the drainage would go straight down because new DEC Planning 8s Zoning Commission December 10, 1997 Page 5 regulations state direct drainage is not acceptable. Christian stated he would like to see RR size lots in there then. Christian noted that Swires Road development had a plat available for Planning and Zoning to review before the zone was changed from RR to RS. He stated he would like to see at least a preliminary plat and has a problem with changing the zone right now. Goecke explained, by leaving the property an RR zone, the developer would have larger lots but wouldn't have to tie into anything. He could drill wells and run septic systems on each lot. Goecke added, he didn't think this was best for the City and would like to see the zone changed to RS to prevent the developer from putting in wells and septic systems on each lot. Smalley stated based on his conversations with Kornelis, the Public Works Director, he could not imagine there would be that big of a demand on water pressure and didn't think it would be a problem. Smalley also stated, to ask the developer to provide a plat at this time would put an expensive burden on him. When asked what the estimated cost would be, Kebschull estimated several thousands of dollars. She continued, Hall had fulfilled the code requirements in regard to his application which does not require a plat to request a rezone. Additionally, the City Engineer's comments that the City land use plan designation is medium-density residential was taken from the Comprehensive Plan and is consistent with the development next door in Inlet Woods and the Comprehensive Plan. Glick asked for a roll call vote. When Werner-Quade was asked to vote she responded that she was not prepared to vote because she hadn't really made up her mind. She added, she would like to see something in place before she approves a rezone, even though she thinks that it is politically correct to approve a rezone. Also, she wants what is best for the town and more developable subdivisions are needed. VOTE Bryson Absent Werner-Quade Yes Goecke Yes Nord Yes Mahurin Absent Christian Yes Glick Yes MOTION PASSED UNANIMOUSLY. Glick requested that staff pass on to the developer that his plats will be closely scruitinized. Kebschull replied, the City Engineer will be responsible for placing the requirements for the installation and he will Planning & Zoning Commission December 10, 1997 Page 6 make sure the City's interest are taken into consideration. Christian asked if there is one small section remaining that will remain RR. Kebschull answered, there is an RR across the street. 7. CHRISTIAN MOVED TO APPROVE PZ97-56. NORD SECONDED THE MOTION. Staff had no additional comments. Christian noted the applicant was not available but indicated he lived in the area and doesn't see how this type of home occupation could be much of a problem for the area. It would actually be a welcomed item as it would not cause a lot of traffic. Christian indicated he would approve the permit. VOTE Goecke Yes Nord Yes Mahurin Absent Christian Yes Bryson Absent Werner-Quade Yes Glick Yes 8. 9 NEW BUSINESS: 1. PZ97-56 -Home Occupation Permit -Massage Therapy -Lot 9, Block J, Woodland Subdivision (610 Laurel Drive) -Application submitted by Sharon L. Van Natta. OLD BUSINESS: -None CODE ENFORCEMENT ITEMS: None 10. REPORTS: 1. City Council: Smalley reported the City donated $300.00 to the Peninsula Winter Games. This money was budgeted last spring. Public Hearings -Item C-1 was passed unanimously. This is the $1,000 received from the Wal-Mart Foundation pledged to the Challenger Learning Center. The discussion on the Cunningham Park / Garcia Building Encroachment was postponed because the day of the meeting Mr. Garcia received some partial Planning 8v Zoning Commission December 10, 1997 Page 7 information seeking additional information. Item H-4, Dairy Queen property -the appraisal came in at approximately $245,000. This property is being put up for sale for that amount. The standard is 15% down, 10% interest for 10 years. Smalley noted the building has very little value, therefore, the appraisal is basically the property. Christian asked if the land would be leased. Smalley answered, the land is for sale. Item H-5, discussion on the American Heritage River Initiative. Councilman Moore represented the City when this came up for discussion and he was the only descending vote. Since that time, the City of Soldotna had changed their position and are now opposed. This issue is basically on hold for at least another year. It will come back and the residents of the City of Kenai need to be aware that there are outside interests that would like to see their regulations on the river. Their regulations would have some impact on usage of the river. Item H-6, letter of support for Frontier Community Services. This letter is basically a letter of recommendation from the City for approval of grants. These grants are not from the City and do not come through the City. Discussion was held on the timber harvest of beetle kill trees. Consideration is being given to grinding down the stumps and leaving the material in the area. This was done at the ARFF project and it worked quite well. b. Borough Planning No Borough Planning report. c. Administration: Kebschull reported she will be working on goals and objectives for next year and the information should be available for review at the first meeting in January. Kebschull asked the Commissioners to contact her if there is anything they would like to see included. The end of year reports will be prepared. The Land Use Table and Townhouse Ordinance will be introduced at Council on December 17. The Borough Planning and City calendars were included in the meeting packets. Planning & Zoning Commission December 10, 1997 Page 8 Kebschull asked that the City calendar be reviewed closely. 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: 1. KPB letter dated 11 /26/97 to Brian Lowe 2. KPB Planning Commission Action of November 24, 1997 3. KPB Planing Commission 1998 Calendar 4. City of Kenai Ordinance No. 1763-97 5. City of Kenai Planning Commission 1998 Calendar 12. COMMISSION COMMENTS AND QUESTIONS: Commissioner Nord stated she was happy to be back in Alaska. Commissioner Christian commented on the Norville site stating that it gets worse and worse each week and noted there had been two uncovered trash cans there for awhile and felt nothing was being done to keep the property from being an eyesore from the highway. He added, stacks of plastic bags were outside by the dumpster today. Christian stated he would like to keep up the comments on that site as the developer was not in compliance with his plan. Kebschull stated, Norville had been sent a letter advising him that he is not in compliance. She added, they are operating under a temporary occupancy permit which is good through late spring. If they have not fulfilled all the requirements at that time, they will be shut down. Glick also noted that people are leaving the parking lot via the bike path. Christian added, the developer requesting the rezone has also had problems in fulfilling landscape plans. Christian wished everyone a Merry Christmas. Schmidt (from the audience) pointed out the Commission went past Item 11, Persons Present Not Scheduled. Glick apologized for the error and stated we would go back to that item after the Commissioners were through with their comments. Commissioner Werner-Quade stated she was glad Christian mentioned the dumpster by the video store as she had made note of that as well. 11. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission December 10, 1997 Page 9 ~ ~ . M ~ Schmidt suggested the Commission consider a method to increase public access to the Planning 8v Zoning process. Schmidt added, the City only recently began publishing meeting notices in the newspaper. Prior to that, they were only posted on a bulletin board. Schmidt continued, the publishing of the meeting notices was now being done, but appeared only two days prior to meetings. She suggested the scheduled be published seven to ten days prior to a meeting. Schmidt also suggested street addresses be included along with legal descriptions to better identify properties, as well as the developer's name and the largest streets to which the properties were closest. Schmidt also requested the Commission's consideration of having a more neutral process, noting she felt it appeared staff took the sides of developers, permit applicants, etc. or made arguments on behalf of them. 12. ADJOURNMENT: GOECKE MOVED TO ADJOURN. MEETING ADJOURNED AT ?:45 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Planning & Zoning Commission December 10, 1997 Page 10 t e -.. CITY OF KENAI PLANNING AND ZONING COMMISSION December 10, 199T - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** Chairman Glick called the meeting to order at approximately 7:00 p.m. 1. ROLL CALL: Members Present: Carl Glick, Teresa Werner-Quade, Ron Goecke, Barb Nord, Michael Christian Members Absent: Phil Bryson, Karen Mahurin Others Present: Administrative Assistant Marilyn Kebschull, Councilman Hal Smalley, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA: GOECKE MOVED TO APPROVE THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. CHRISTIAN SECONDED THE MOTION. AGENDA 1 WAS APPROVED AS PRESENTED. 3. APPROVAL OF MINUTES: -November 26, 1997 WERNER-QUADE MOVED TO APPROVE THE MINUTES OF NOVEMBER 26, 1997 AND ASKED FOR UNANIMOUS CONSENT. CHRISTIAN SECONDED THE MOTION. MINUTES FOR NOVEMBER 26, 1997 WERE APPROVED AS WRITTEN. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: None 5. CONSIDERATION OF PLATS: -None 6. PUBLIC HEARINGS: 1. PZ97-55 -Rezoning Application -Tract lA, Parson's Homestead #3 from Rural Residential (RR) to Suburban Residential (RS). Application submitted by Clint D. Hall, 1212 First Avenue, Kenai, Alaska. Planning & Zoning Commission December 10, 1997 Page 1 GOECKE MOVED TO APPROVE PZ97-55. MOTION WAS SECONDED BY NORD. Glick asked if there was anyone from the public wishing to speak to the item. A gentleman asked for clarification on the item. Glick responded it was a rezone from rural residential to suburban residential. A woman in the audience asked if it would affect anybody with livestock in the area. The woman was asked to approach the microphone. She again asked if would affect anyone with livestock in the area. She was again asked to approach the microphone. Verbatim begins Trish Sorrels, 1703 Redoubt "is that going to affect anybody who has livestock in the area? Is that going to change that ordinance?" Glick: "It only affects the piece of land that's being rezoned, so unless you live on one of these pieces of property." Sorrels: "No, I live across the street." Glick: "So your piece of property would not be rezoned, just..." Sorrels: "O-kay." Glick: "Is there anybody else that would like to speak, yes," Joe Moore, 1006 Inlet Woods: "I just have a, a concern and I have a copy in front of me the land use table that's going to be considered by the Council, ah soon." "With respect to RR and RS, the acronyms that we use, but ah, I have no problem with the rezone as proposed with the exception of the RR which permits 5 and 6 family dwellings as a conditional use, and that's the way it's zoned now." "It's proposed to be changed to RS which is a "P" for permitted use, without a conditional use." "My problem there is that RR, and I don't have, I looked in the book tonight, but RR minimum lot size in RR is 20,000 sq. ft. or 22, close, RS minimum lot size is 7,000 and I have a problem with a 5 or 6 family dwelling being put on a 7,000 sq. ft. lot, without at least a "C", you guys have all been used "C's" and would expect ah...." "I would, I would like, if, if this is approved that you would put a "C", and I don't know if you can but ah, at least an asterisk on your approval that multi-family, ah, dwellings of 5 or 6 families be conditional on that parcel." Christian: "I put, we addressed that somewhat when we had our discussion and they were saying that in order to have a, ah, 4, 5 or 6 Planning & Zoning Commission December 10, 1997 Page 2 family dwelling they had to have X number of feet by other rules." Kebschull: "Yeah, if, if you want me to clarify some.... there in addition to the Land Use Table there's a development requirements table and in the RS zone a 5 family dwelling would require a minimum of 10,000 sq. ft., a 6 family dwelling 12,000 sq. ft., So, um, and then it would also require public water and sewer to, to meet those requirements, so the minimum lot size, 7,200 would be up to, well up to a 3 family dwelling." Moore "and would also require wa.... City water and sewer?" Kebschull: "Ah," Moore "have to, I guess, yeah." Kebschull: "it, this table is probably, we've talked about this before, needs to be clarified because the table is not clear but I believe DEC requirements require at least 20,000 sq. ft. if you do not have public water system or septic, so, it, you have to meet DEC." Moore: "Am, am I correct in ah, my understanding there no pub... no City water and sewer in the Parson's Homestead." Kebschull: "Correct, but it will be taken in at least water for sure and I believe sewer, but that would be part of installation agreement when the plat is presented." "At this time, all they're doing is asking to rezone the property then they have to come back with the plat and the plat will be divided into lots and at that time the City will look, you know, water requirements, sewer requirements, street width, designs, standards, all of those will be required, and that will be reviewed by this Commission at that time." Moore: "I may be jumping ahead a bit, but who is going to put the water and sewer in?" Kebschull: "The developer." Moore: "I, yeah....that's just my concern is the, I know you guys worked hard on this, so, but that inconsistency there bothers me with the large lot conditional use for smaller lot permitted, so....just wanted to bring that to your attention, Thanks." Glick: "Okay, any questions.... Christian: "I... I have a question..." Glick: "yeah, before you..." Planning 8v Zoning Commission December 10, 1997 Page 3 Christian: "Ah, if there, there is a discrepancy in the people mind on that chart, ah, will there be a way to amend that before it goes to the City Council?" Moore: "Absolutely, Christian: "I think that that would be the place for that to be brought up in City Council." Moore: "Agree." Kebschull: "Could, could I make one more clarification?" "The reason that they permitted the, um, the, the discussion and permitted the, um, larger family dwellings in the RS zones is because typically those lots do have water and sewer and that's why they still have, you know, lot size requirements that's sent back and those things but typically they fit the requirements because they have water and sewer on them, where in the RR zone often times don't." Moore: "Thank you." Glick: "Okay, anybody else in the public wishing to speak to this item?" Kristine Schmidt, Kenai, Alaska "I haven't had a chance to review any of the...this information, I take it that we're asking for a rezone so we could more um....houses on the same piece of land, is that right?. Kebschull: "I believe it's like 75 acres," Schmidt: "ah uh," Kebschull: "and they are asking to rezone, because right now it's one piece of land and it's, it's, you can see it on the map behind you, I said just earlier to Mr. Moore, they, they, we have not seen a plat, the rezone will determine how the, the lot sizes." Schmidt: "Okay, well I.... I just want to make a few comments, first of all I'm against rezoning in general just because it's changing the comprehensive plan and there is a reason from the comprehensive plan that was a result of a lot of input from people in the community and the, and the, ah public officials in the City and the comprehensive plan shouldn't be changed unless there's public reason to change the comprehensive plan instead of only at private interest, and I believe that if there is going to be high intensity, a high intensity subdivision development proposed here, which I believe is the reason for asking for a rezone from RR to RS because afterall, you can still subdivide under the Planning & Zoning Commission December 10, 1997 Page 4 RR classification you just can't put, you can't put as many homes in the same area, you have to, you have to, go to the RS designation then." "Um..... we already have a bunch of highly, high intensity subdivisions in that area, there's no need for, ah, anymore, there is affordable housing, there's empty lots in that area, there's, in addition there's a very large subdivision right next door (Schmidt pointed out the area on the map behind her) that is already, that has many empty lots available, that was basically subsidized by the tax payers of the City of Kenai and any more competition in this area will only cause more tax dollars to be spent to subsidize this subdivision here." Schmidt: "Um....I also think there's, this... this area here (pointed out on map) that, this area here already the infrastructure in this area is already at the breaking point, it, you know, the City water and sewer, bad water pressure, bad water, ah... roads that are substandard and overcrowded and more high intensity development subdivisions in this area will only add to that problem, you know, this, subdividing this area will put a lot more, many times more pressure on Forest Drive that already exists because people will use Forest Drive to access the Spur Highway, not Redoubt, like they do now because it's faster to use Forest Drive." "Um... and overcrowded elementary school that where kids can't even attend their neighborhood schools anymore because it's only like K through 2 or something." "Um....since you don't require ah....ah... subdividers in, in the City of Kenai to pay their fair share of costs to the infrastructure that their developments cause, then you should be very selective about allowing further high intensity subdivisions in this area, you can see there is already several (pointing out on the map) Woodland, this area over my the prison and Inlet Woods." "Um... I also think that ah....you can, like I said, the developer can still develop the lot and subdivide it, it just won't be at the high intensity that the RS designation allows, so I'm asking you, and I believe that it's their...it's a....burden... is on, is on the applicant to ah... justify a rezone and that, I don't believe this rezoning request is in the public interest, thank you." Glick: "Any questions?" "Okay, thank you." "Anybody else in the public wishing to speak to this item?" "Hearing and seeing none, we'll bring it back to the Commissioners." "Discussion." Christian "Mr. Chairman, I have a concern about the infrastructure there as well, and the fact that ah... we were just discussing earlier about the State's plans or somewhat plan to improve that road." "Are we going to be putting anything new in there as far as sewer and water when they rebuild that road, and.... is that part of the..... Kebschull: "Not to my knowledge, no." Christian: "That isn't a part of the plan?" Planning 8v Zoning Commission December 10, 1997 Page 5 Kebschull: "No, the City is planning to...." Christian: "Okay." Kebschull: "This developer, um..... would be putting, would... I believe, would be required, may require a lift station for the sewer down in there." Christian: "Okay, and, and that is... is that our major problem is the ah, is the ah...increase in sewage water, ah, as opposed to water pressure, pressure, water pressure of City water?" Smalley: "In, in the peak use time, in the summertime is when the water pressure goes down especially on the ah.... west side here of town, ah... one of the things that the City is working on to correct that is to be putting in an additional well in off the end of Lawton where it goes down pass the golf course, back down in that area." "There's, there's good aquifer in there and it's believed that, that, the pressure will, will be remedied and the, and the, and the volume of water will be remedied with that." "The new well that went on line is going to give some increase in the water in that particular, the new well, is very, very good, so that, it should, it should, we should resolve any water quality problems......" Christian: "What, what time was, would that be resolved do you think?" Smalley: "When the well goes on line." "I can't give you that, I don't know." Christian: "Two years, five years?" Smalley: "Oh, no, no, no, no, no....." Christian: "Within a year?" Smalley: "With, within a year to two years probably." "But, I mean, already the water quality is up because of the new well that is on line and part of the pressure is, is also improved, but there was, there will still be peak times in the summer, ah.... when there could be a pressure noted, you know, notable ah.....reduction in pressure, but the volume, I mean as far as the, the, the, excuse me the quality and the volume, you wouldn't notice throughout, throughout the year except for just peak times in the summer." "At this point in time, the new well will remedy that." Smalley: "And, and the comment about lots of available lots in that, in the subdivision right beside it, right now many of those lots are in litigation and nothing is being done or can be done with them until that is resolved, and it's only been 10 years? (looked for concurrence from Kebschull) "12 years, so it, I, I don't see it in the real near future, of ah...a Planning & Zoning Commission December 10, 1997 Page 6 lot of lots, I think also in a subdivision where you put in either water or sewer or both, which the developer I'm sure would be doing in this case, you don't remain RR." "Is that correct?" (Question to Kebschull) Kebschull replied "yes", Smalley "You go to RS." Kebschull: "Right, an um... it, Mr. LaShot has had conversations with the developer and he is not planning on.... the lots will not be 7,200 sq. ft., I mean, we haven't seen a plat because if he does build that small, he would be required to pave and put in curb and gutter and he, it wants to, to develop and RS zone but the lots proposed will probably be an average of 15,000 sq. ft., Um..... Christian: "And, and what you're saying with that larger size lot he would not be required to do that?" "And he is likely will have the ah... gravel?" Kebschull: "He will... be.... um.... one of the things Mr. LaShot told me to mention if it did come up is with the new, um.... DEC regulations, where, um.... drainage, water drainage, is that there's a problem now because they're not, you can't put in dry wells, it basically has to be ah... just, you know, drain into the surface, you know, into the ground and so if you pave that, because it's all flat over there, there would be no where for the water to go so probably, what he's going to.... when he sees the plat we'll be looking at is recommending um... just strip paving and um.... ditches so that the water can run off and as I mentioned earlier, all of those things will come before you as the Commission when the plat comes for the installation." "The developer has to put a bond with the City and that plat cannot be finalized until that installation work is complete, whatever the stipulations are required of the developer." Glick: "Okay, any more questions?" Nord: "Mr. Chairman, question for staff." "Are you, are you aware, or do you know what he does plan on putting in, is it going to be the septic systems or is he going to use septic systems or is he going to use the existing, or is he going to have wells or is he going to hook into public water?" Kebschull: "He, he has asked and gotten information on hooking into water and then, I..... I believe he's planning on hooking into sewer, at least for the lots close to the front, the back portion will probably not be developed for sometime, it's going to be a phase-in development as I understand it, but until the lot sizes, you know, until he sees what happens with the rezone he's not going to spend money to have a plat done, you know, so he hasn't actually had that platdone, he's looking at this options to see what's going to be best so that would probably depend on whether the rezone goes through, if the rezone doesn't go through he may go back in and put in septics." Planning & Zoning Commission December 10, 1997 Page 7 Glick: "Okay, Mr. Goecke." Goecke: "Yeah, thank you Mr. Chairman," "Ah..... really I think we're, I think we're trying to maybe put the ah.....horse or the cart before the horse here, I mean the only thing he's doing is asking whether we could rezone this thing." "If, when he comes back later and we don't like what he has to... drawn up, we can always turn him down, I mean, but right now, ah......sure we have a Forest Drive as a problem but personally if I was living over there I don't know that I would drive Forest Drive to get to the Spur, I personally think it would be faster to come out Spenard, at Spenard corner and ah....come to town." "Um.... and Forest Drive, ah..um.... yeah, I mean, who knows when the State's going to get off their butt you know to ah... take care of that and ah...and they right now, or the last few years have been a problem but ah.... hopefully in the near foreseeable future that will be rectified and it will be back up to the way it should be so I don't really see a problem with ah..... rezoning this right now ah..... and then seeing what he presents." "When, we needs some developa...... developable land in this town and ah.... and because the adjoining subdivision at this point and time is ah... a lot of that is still, you know, tied up, ah.... we really don't have much, so, I would say to ah.....let's go." Glick: "Okay, Teresa." Werner-Quade: "Staff, please state for the record who "he" is, the developer's name." Kebschull: "Ah, Clint Hall." Werner-Quade: "Thank you." Glick: "More discussion?" Nord: "I don't..... Mr. Chairman, I still do, also have a concern regarding the water pressure over there, ah.....I'm hesitant to rezone until that problem has been rectified and one to two years is not acceptable to me." "If we start going ahead and building and putting a hundred houses in that area next summer, we're going to be hurting the water pressure in that area." "I'm not against the rezone per se or rezoning per se in other areas but that area is already overtaxed as far as the water system goes." Glick: "Okay, Mr. Christian." Christian: Mr. Chairman, I agree that we do need some more areas for housing development, our subdivisions are full, most of them, except for the new over by Swire Road which still has a ways to go before that's Planning & Zoning Commission December 10, 1997 Page 8 developed." "I would like to see us develop some more places but I agree that that infrastructure in that area isn't ready for it, I don't think Forest Drive is ready for that large of subdivision, ah, that he could have put in there, and I don't think the water pressure is there and apparently the drainage.....is there, and if we're going to have ah...... a large number of lots, especially small lots in there, all trying to drain in the swamp behind, which is apparently where the ditches would be going, I assume." Kebschull: "No, it would be going into the, straight down, you can't direct under the new DEC regulations.... Christian: "Okay." Kebschull: "You just have to let the water go...down." Christian: I would like to see RR size lots in there then, I wouldn't like to see such small lots personally." "I have a question I'm about, and, and noting that Swires Road development that we mentioned, they had ah..... a plat available for us before we changed that RR to RS, I would like to see at least a preliminary plan, so we know what ah... a person is intending to do before we do that....so I have a problem with changing that zone right now myself." Glick: "Mr. Goecke." Goecke: "Yeah, Mr. Chairman, I think we're, by leaving this as an RR, okay, he's going to have bigger lots but then he doesn't have to tie into anything, he can drill wells on each lot and he can run a septic system on each lot, and I darn sure don't think that's what we want in this town, and that's the problem, you know, that's why I want this to go to an RS zone is so that he can't put septic systems on each lot and ah... and, and a well on each lot, I mean that's the ah... that's my main, main concern." Glick: "Yes, Hal." Smalley: "I... I'm not ah.... a water specialist in any way, shape or form ah... but in questions that were sometimes asked of Mr. Kornelis, the Public Works Director, ah... at Council meetings, I.... I.... I can't imagine there's.... there's going to be that big a demand on water pressure that's, it's going to be more noticeable than it has been in the past, I really don't believe that's going to be a problem, ah... and you're talking when the demand has been a concern has been mostly July, part of August, ah... by middle August it's, it hasn't been a problem because water tables are ah.... I can't imagine it and too, 1 think ask the developer to get the lots, I mean that's that's putting an expensive burden on him to have him bring it prior to this kind of approval." "I don't know what it costs... to have it...you know the lots all plotted out, but it is an expense.... that he would have to go through and the perhaps be turned down.... again, I don't know what those expenses are." Planning & Zoning Commission December 10, 1997 Page 9 Kebschull: "I don't know either but I imagine several, several thousands of dollars." Smalley: "Yeah." Kebschull: "Mr. Hall has fulfilled the Code requirements for this application and does not require a plat submittal to request a rezone, um... in addition, if you noted, the City Engineer's comments that this um... this City land use plan designation is residential and that does come right out of the comprehensive plan that is consistent with the zone.... the development next door, Inlet Woods, so this is not against our comprehensive plan, it's following it." Glick: "Anymore questions?" "Discussion?" "We're ready to vote." Roper: "Werner-Quade?" Werner-Quade: "Sorry, I thought maybe I might have had a question and now all of a sudden we were voting and I really had not made up my mind, so, I....." Glick: "Do you want to ask your question before we vote?" Werner-Quade: "Um.... well, I might, well, I was just sitting there thinking I, that I maybe had a question or a comment or something and then suddenly, WE'RE READY TO VOTE...and I truly have not made up my mind, um..... and I~1 tell you why, because I believe this developer has little or no scruples and I sure would like to see something in place before I go ahead and approve a rezone even though I think that's it's politically correct to approve a rezone because I want what's best for the town and I think we need some more developable subdivisions, but you know, it's makes me hesitant to go ahead and just APPROVE, APPROVE, given the developer and that's why I'm hesitant and I'm hesitating, well maybe someone else has a comment." Glick: "Okay, anymore comments or discussion?" "Okay, I guess we're going to vote now." Roper: Vote Werner-Quade Yes Goecke Yes Nord Yes Christian Yes Glick Yes GLICK: "Motion passed." Glick: (to staffl "You might pass on to him when he comes in that we're Planning & Zoning Commission December 10, 1997 Page 10 going to be really scrutinizing his plat." Kebschull: "Well, and the City Engineer will be responsible for placing the requirements for the installation and I'm sure he's going to make sure that the City's interests are taken into consideration." Glick: "Okay." Christian: "I have ah.... a question since this is passed, now we are going to have a little square that Parson's #2 that will remain RR, is that requested that like where you got a little spot zoned there that is inconsistent to what's surrounding it?" Kebschull: "Well actually, there is an RR across the street from #2, so it's not really the one spot..." Christian: "On that parcel for that's for sale Inlet Woods?" Kebschull: "Ah.... Parson's Homestead has ah... about a 5 acre tract that sits next to Inlet Woods right on..." Christian: "Oh, that's still, yeah, you're right... that's right." Glick: "Okay, the next item on the agenda is....." Verbatim Ends 7. NEW BUSINESS: PZ97-56 -Home Occupation Permit -Massage Therapy -Lot 9, Block J, Woodland Subdivision (610 Laurel Drive) -Application submitted by Sharon L. Van Natta. Planning 8v Zoning Commission December 10, 1997 Page 11 CHRISTIAN MOVED TO APPROVE PZ97-56. NORD SECONDED THE MOTION. Staff had no additional comments. Christian noted the applicant was not available but indicated he lived in the area and doesn't see how this type of home occupation could be much of a problem for the area. It would actually be a welcomed item as it would not cause a lot of traffic. Christian indicated he would approve the permit. VOTE Goecke Yes Nord Yes Mahurin Absent Christian Yes Bryson Absent Werner-Quade Yes Glick Yes 8. OLD BUSINESS: -None 9. CODE ENFORCEMENT ITEMS: None 10. REPORTS: 1. City Council: Smalley reported the City donated $300.00 to the Peninsula Winter Games. This money was budgeted last spring. Public Hearings -Item C-1 was passed unanimously. This is the $1,000 received from the Wal-Mart Foundation pledged to the Challenger Learning Center. The discussion on the Cunningham Park / Garcia Building Encroachment was postponed because the day of the meeting Mr. Garcia received some partial information seeking additional information. Item H-4, Dairy Queen property -the appraisal came in at approximately $245,000. This property is being put up for sale for that amount. The standard is 15% down, 10% interest for 10 years. Smalley noted the building has very little value, therefore, the appraisal is basically the property. Christian asked if the land would be leased. Smalley answered, the land is for sale. Item H-5, discussion on the American Heritage River Initiative. Councilman Planning & Zoning Commission December 10, 1997 Page 12 Moore represented the City when this came up for discussion and he was the only descending vote. Since that time the City of Soldotna had changed their position and are now opposed. This issue is basically on hold for at least another year. It will come back and the residents of the City of Kenai need to be aware that there are outside interests that would like to see their regulations on the river. Their regulations would have some impact on usage of the river. Item H-6, letter of support for Frontier Community Services. This letter is basically a letter of recommendation from the City for approval of grants. These grants are not from the City and do not come through the City. Discussion was held on the timber harvest of beetle kill trees. Consideration is being given to grinding down the stumps and leaving the material in the area. This was done at the ARFF project and it worked quite well. b. Borough Planning No Borough Planning report. c. Administration: Kebschull reported she will be working on goals and objectives for next year and the information should be available for review at the first meeting in January. Kebschull asked the Commissioners to contact her if there is anything they would like to see included. The end of year reports will be prepared. The Land Use Table and Townhouse Ordinance will be introduced at Council on December 17. The Borough Planning and City calendars were included in the meeting packets. Kebschull asked that the City calendar be reviewed closely. 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: 1. KPB letter dated 11/26/97 to Brian Lowe 2. KPB Planning Commission Action of November 24, 1997 3. KPB Planing Commission 1998 Calendar Planning 8v Zoning Commission December 10, 1997 Page 13 4. City of Kenai Ordinance No. 1763-97 5. City of Kenai Planning Commission 1998 Calendar 12. COMMISSION COMMENTS AND QUESTIONS: VERBATIM BEGINS Glick: "Mr. Goecke?" Goecke: "Nothing." Glick: "Ms. Nord?" Nord: "Just happy to be back in Alaska." Christian: I have a comment again that the ah... the Norville site ah... each week it gets worse and worse..... not only do they have, they have two trash cans for awhile, it's not covered, it's not, they're not doing anything to, to keep it from being an ugly eyesore from, from the highway and ah.... even today we had stacks and stacks of ah... plastic ah... bags outside of the dumpster to make it even more beautiful over there so I would just like to keep up the comment on that site, ah.... it's not what he said it would be. Kebschull: "Yeah, we have sent him a letter and let hirn know that he is not in compliance and I'm not sure of the exact date but they are operating under a temporary occupancy permit and um....that I believe that it's good until ah... sometime early summer, spring, late spring or early summer, and at that point if they've not fulfilled all the requirements um.... they~l be shut down, so..." Glick: "While we're on that subject, I notice that the way their parking lot is, lots of people are leaving by driving right across the bike path there...." Kebschull: "Oh, really..." Glick: "They take the short cut out of the parking lot, they come right across the bike path and on to the side street to go to the highway, they don't do that over at Burger King just because of the way it's laid out, but his parking lot fronts right on the bike path, so everybody's driving right out over the bike path instead ah...." Christian: "You know that might be a good location for a dumpster and a stone wall to hide it, then maybe the people would drive through the parking lot right on to the road." "Maybe we can bring that up..." "As long as we're that subject, the ah... the developer who had this ah.... change, rezoning application today is also someone who has had problems fulfilling their landscape plan and ah... so Planning & Zoning Commission December 10, 1997 Page 14 if a person continues ah... to violate the plan then ah....he will probably continue to have rough going.... but other than that, Merry Christmas to everyone." Glick: "Teresa?" Werner-Quade: "There seems to be a...... (pointed out a member of the audience with a hand up). Glick: (to member of the audience) "You want to comment on something that we're talking about here?" Schmidt: "Well, there's ah.... ah... there's Person's, there's public comment isn't there... and that you just went right past that, I did have something." Glick: "Okay, sorry about that, I'll, Teresa, you give us your comments and then we'll let her." Werner-Quade: "Oh, okay, I just saw that her hand was up." "I, yes perhaps my comments on the developer seemed officious but let me tell you when he presents something to us I will scrupulously be reviewing that for the same reasons that Mr. Christian cited, and I'm also glad that he mentioned the dumpster on.... you know, by the video store there because I also had noticed that, made a note of that, so, just wanted to echo that separate." Glick: "Sorry I missed that, I.... but we'll go back Person's Present Not Scheduled, now's your chance." 11. PERSONS PRESENT NOT SCHEDULED: Schmidt: "I think strategic planning is really important for public bodies and most of them don't do it and I think your goals and objectives for next year are really admirable." "I'd like you to consider a couple of points, one is trying to increase public access to the Planning and Zoning process, for example, only recently did you just start publishing notices of your meetings in the newspaper at all, before they were just tacked on the bulletin board and that's definite improvement (Schmidt looked at a Commissioner and stated "yes, that is true. Sir, and I was in court to hear it happen".) just within the last year or two this publishing is happening, however, your still only doing it 2 days before the meeting and that doesn't give people very much notice of what's going to be happening at this meeting or a chance to prepare in case they want to come and have comments so I'm asking you to extend your publications schedule for example to 7 to 10 days ahead of the meeting or at least as soon as you can, rather than two days, you might be in violation of the Open Meetings Act as well." Planning 8s Zoning Commission December 10, 1997 Page 15 - , Schmidt: "Number two, I'd.... L... I re.... I would request as part of the things that you do I to improve public process is ah... ah... that you put street addresses on some of the things because not that many people know where Parson's, for example, where Parson's Homestead #3 is, or any.... any time in the City when there is.... when there is just a legal description that talks about a subdivision, unless you know where that subdivision is, or.... or if.... or if... the tract names especially are hard to figure out, you know, not..... the maps, the maps of the City are not that available in this community and especially by having the names of the subdivisions on them you have to go to the Borough or the City or.... or somewhere like that to find out where these things are so it is especially important that you have something that tells people where you are going to be considering this.... these developments and things like that so you could have said for example, the two largest, have the developer, you know... or... ah... when you're doing your public notices, say the two biggest, lo.... nearest streets or something, you know.... like Ko..... you know that's near um... Forest and Redoubt or something, because it's real hard to understand otherwise." Schmidt: "And the last thing I would ask you the Commission to consider asking.... ah...having a more neutral process where it doesn't... there's not the appearance that the staff particularly is taking the side of the developer but is rather being available for public comments so that they are not making arguments on behalf of developers and I.....I think that's a real problem that you can get into with the perception of bias, it would be more appropriate if they were more neutral in their comments where they simply answer questions and not try to make arguments, ah... legal or factual arguments, on behalf of anyone who is making an application whether it is a developer, you know.... person for a permit, or whatever, Thank you." Glick: "Okay, thank you, yes, Mr. Moore." Moore: "Thank you, I, ahem... I would concur with the...with the comment about the ah.... descriptions of the property ah.... as a Council member, I've ah... just recently and... and... been responded to getting an actual picture of what the plats... where they were in.... in town, because I didn't know where... Lot 3, ah... blah...blah... I just want to make a comment, I made it earlier about the ah... the "C" and the "P" with respect to multi- family dwellings and the administration mentioned that the lot size was larger than 7,200 sq. ft., and then I heard your report came back that the developer planned on building lot sizes larger than 7,200 sq. ft., which would permit the multi-family use dwellings, I..... I as a Council member am going to um.... look into that and maybe have that changed if I can get the Council support and I was hoping to get...to talk to you before you made your Commissioner's comments so that I could get some support with that.... but ah... I think that's important for the area um....to consider that potential with the way the zoning is now, thanks." Planning & Zoning Commission December 10, 1997 Page 16 Glick: "Thank you, any other Commissioners wishing to comment on any of these items before we close are welcome to do so." "Mr. Smalley." Planning 8v Zoning Commission December 10, 1997 Page 17 -~ Smalley: "Just.... just for the record, ah.... any public hearings that are scheduled before ~ this body are published and posted in the paper 7 to 10 days and that has that way for, gosh, 20 years that I've served up here, either as a Commissioner or a Council person... it is required, now the agendas come out and are in the paper probably like Monday, I think, but the... any public hearings are in fact scheduled 7 to 10 days, they are published. Glick: "Yeah, I'd add to that, I've been outside for a week and this public hearing was advertised in the paper before I left. Smalley: "Yeah." Schmidt: "If I can just respond though only certain things are scheduled for public hearings, a lot of items on the agenda don't require public hearings according to the Code so you just learn about them on Monday before the Wednesday meeting." Glick: "Right." Schmidt: "Subdivision plats are an example." Glick: "Yeah." Kebschull: "Just, we don't, people can bring to me anything that doesn't require a public hearing up until noon the Wednesday before a meeting... um... if we extend the time frame for notification to the paper, that would mean people would have to bring items in two weeks in advance before a meeting and that's the idea, so that peoples business could be taken care of in a.... you know... a good manner, people don't like having to wait, they don't like having to bring in items for public hearing two weeks in advance, in addition, we do have web page that people can access, um... any agendas and resolutions are on the web page, the address is on top of the agendas and in the paper." VERBATIM ENDS 12. ADJOURNMENT: GOECKE MOVED TO ADJOURN. MEETING ADJOURNED AT 7:45 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Planning 8v Zoning Commission December 10, 1997 Page 18