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HomeMy WebLinkAbout1996-01-10 P&Z MinutesCITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo January 10, 1996, 7:00 p.m. Chairman Hevin Walker 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: December 13, 1995 December 27, 1995 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-2, Subdivision Plat Approval-Airport Lease Property, Norville Replat b. PZ96-3, Subdivision Plat Approval-Misty Haven Subdivision, Replat of Tract A c. PZ96-4, Subdivision Plat Approval-Richka Park Estates 6. PUBLIC HEARINGS: a. PZ96-1, Conditional Use Permit, Katmai Hotel, Halfway House 7. NEW BUSINESS: 8. OLD BUSINESS: a. PZ95-58, Warehouse Subdivision b. Comp Plan 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. KPB Planning Commission Agenda for January 8, 1996 b. Fax to Continuum Corp c. Reappointment Letters 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** ~ ADENDUM 6. PUBLIC HEARINGS: a. PZ96-1, Conditional Use Permit, Katmai Hotel, Halfway House Letters against proposed permit: (NOTE: Listed In Order Received) 1. Mrs. Arlene H. Moll 2. Dawn Craig 3. Thomas Rhyner 4. Mary Zolman 5. Edward & Dani Sue Fortner 6. Angela King 7. Mary Lopez 8. Daniel A. Conetta 9. Christine Lagoutarie 10. Larry W. Jackson 11. Jennifer Daniels 12. Wayne Tressler 13. Paula Tobin 14. Kimberly Cowie 15. D. DeMitta 16. Paul & Page Rhodes 17. Lori M. Andersen 18. Shanette Wik 19. Frances Butler 20. Donna M. Messer 21. John P. Gensel 22. Peggy Cartwright Letter withdrawing permit application: Jim Singree 12. INFORMATION ITEMS: 23. Autumn Steiner 24. Viann Mack 25. Karin Gensel 26. Tammy Bidwell 27. Kathe Groleske 28. Dawn M. Brighton 29. Laurel Carlton 30. Trish A. Dorman 31. Judilee Forrest 32. Valerie Malanaphy 33. Joanne Byford 34. Richard K. Yoder, Jr. 35. Pam Nuccio (?) 36. Tim Howard 37. Pat Walton 38. Mary Booth 39. Patricia Pierce 40. Kimberly Andres 41. Tim Iverson 42. Mark Langfelt 43. Maurice L. Peterson 44. Julie Marcinkowski d. Minutes from Kenai River Advisory Board, December 7, 1995 e. Proposed Kenai River Protection Area Ordinance Information CITY OF KENAI PLANNING AND ZONING COMMISSION ~~ **AGENDA** Council Chambers, 210 Fidalgo January 10, 1996, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL: Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, John Booth, Karen Mahurin, Kevin Walker Others Present: Councilman Smalley, City Engineer Jack La Shot, Administrative Assistant Marilyn Kebschull 2. APPROVAL OF AGENDA: Goecke noted that PZ96-1, Conditional Use Permit at the Katmai, has been pulled as noted in a letter from the applicant. Goecke stated he felt the item should be removed from the agenda. Walker responded that there were a number of people wishing to speak to the item. Goecke noted that technically there was not an item. Walker stated that the Commission did not have to take action on it; however, it was a published hearing. Councilman Smalley commented that he agreed that it was a pulled item based on the letter; however, since there were a number of people from the public, the Commission may want to make some time available for public comment. Smalley suggested that the comment could be heard under Item 4 or Item 13. Smalley stated an adjustment to Item 4 might be appropriate. MR. GLICK MOVED TO REMOVE PZ96-1 FROM PUBLIC HEARINGS AND MOVE IT TO ITEM 4 TO ALLOW PEOPLE TO SPEAK BUT NOT AS A PUBLIC HEARING. SECONDED BY MS. MAHURIN. Walker asked if Mr. Glick wished to also move to approve the agenda. GLICK ADVISED YES. VOTE: GLICK YES WERNER-QUADE YES BOOTH YES WALKER YES BRYSON GOECKE MAHURIN YES YES AGENDA APPROVED. 3. APPROVAL OF MINUTES: December 13, 1995 December 27, 1995 PHIL BRYSON MOVED TO APPROVE THE DECEMBER 13 AND DECEMBER 27, 1995 MINUTES. MOTION SECONDED BY CARL GLICK. ~ Chairman Walker asked if there were any changes or adjustments? None noted. Walker asked if Bryson wished to include a request for unanimous consent. Bryson stated yes. Walker asked if any opposed to unanimous consent? None noted. MINUTES APPROVED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: Chairman Walker noted discussion was open for a Conditional Use Permit for a halfway house at the Katmai Motel. Walker asked if there was anyone in the public wishing to speak to this item. Jim Singree, owner of the Katmai Hotel. Singree noted that Linda Zaugg was supposed to be in attendance and asked if she was in the room. Someone from the audience advised she would be arriving late as her plane had had problems. Singree stated he did not want to take up too much time as he did pull his permit application. Singree asked if there was anyone in the audience who was bidding on this project? None noted. Mr. Singree noted that he and Rick had been at the Katmai for nine years and it has been a tough nine years. Singree stated that winters are really tough because they are the oldest hotel in town. He stated they have tried everything and a few companies have came through with projects that have helped. He noted that except for July and August, business is just not there. So, when he heard about the proposals for the CRC, he called the department in Anchorage and requested a packet. He stated that he understood it would be a minimum security facility and he felt that he could do that. When he received the packet, he noted that he felt it was pretty intimidating. Surveillance is great, administrating is very expensive. Singree stated he had two weeks involvement before deciding to pull the permit after response from the public. Singree stated he wished Ms. Zaugg was here because she could answer a lot of questions. Singree stated the current prison system is overloaded and a lot of these people are no more that DWI offenders, minimum offenders. Singree stated that according to the packet they would have had to house five different types of offenders. Singree stated that he knew there would be no way that would ever get passed the City of Kenai. He stated he realized that when he looked at it; however, he thought that possibly there might be some way he could offer housing for that offense status to make them qualify for the facility. Singree stated it was their intention to use their facility for what it is intended for. He noted they have eleven months of the year with 40 beds that lay there drawing dust. Singree stated he fully intends that if the Department of Corrections ever rescinds their status to DWI's he will try to bid on the project one more time. Singree stated that the standards speak for themselves; they are very stringent. He stated that surveillance is very strict, even for DWI's. They are checked once an hour and they have to be monitored whether they are at school, church, jobs, etc. Singree reiterated that he fully intends to apply again if they ever change the requirements. Singree asked if anyone had any questions of him noting he had seen the Planning & Zoning Commission Page 2 Minutes standards and the bid packet. Although, he commented that he could not give pertinent information to the packet itself, but he could enlighten the public somewhat about what it entails. Singree stated he had talked with drug counselors today and feels if given a ~ chance he could offer a program and offer a minimum security facility using his facility and helping his business as well as the City of Kenai. Chairman Walker asked if there was anyone else in the public wishing to speak to this item. Individual asked if they could reserve their right and address the Commission later. Also asked if Ms. Zaugg would be heard when she arrived. Walker advised that with the consent of the Commission he would like to take a recess to give Ms. Zaugg time to arrive. Mr. Bryson asked if Chairman Walker would prefer not to go on with Item 5. Walker responded he would prefer to recess and asked if there were any objections. RECESS: 7:18 p.m. to 7:30 p.m. Ms. Linda Zaugg, Department of Corrections-Ms. Zaugg stated that Mayor Williams asked her to attend the meeting to hopefully address the concern about halfway houses, what they refer to as CRC's. Ms. Zaugg noted that Corrections has had a Request for Proposal (RFP) on the street about 3 weeks. Zaugg stated that several people were in Kenai about three weeks ago for a quick meeting at the Legislative Affairs Office for a Pre-proposal Review or Bidders Review. Zaugg stated the meeting was for anyone who was interested in submitting a bid to have an opportunity to ask questions of the contracting agency. Zaugg stated that the people in the Kenai area have until January 22nd to file a proposal. Zaugg noted that until then, they will not have a clue who is interested or where they may want to put a halfway house. Zaugg stated the only reason she is aware of the one in Kenai is because this is apparently the only person who was filing within city limits which require zoning. Zaugg stated that one of the requirements in the RFP is that anyone choosing to bid on the contract has to comply with any city or borough ordinance or zoning requirements. Zaugg noted that at the bidders conference there were a total of four or five separate vendors or individuals that attended the meeting. Zaugg stated they could find themselves on January 22nd with zero bidders or they could find themselves with six. Once the 22nd arrives, people will file their proposal. The contract officer for the state will review the proposals and make sure they have met all of the requirements. If it does not, it will be thrown out. The proposals that survive that phase, are sent to a committee for review. Zaugg stated in theory they come up with what is the least costly but hopefully the best program. This is not always the least costly but usually close. Zaugg noted the committee review process tends to take a matter of weeks. Once that is done, the contract is tentatively awarded. Then, there is a ten day process wherein the unsuccessful bidders have the ability to protest. Zaugg gave an example of a past protest in this area relating to experience wherein the bid was thrown out. Zaugg noted that she had been allowed to come to this meeting only because she had been invited by the Mayor. She explained that during the bidding process she is limited Planning & Zoning Commission Page 3 Minutes in what she can say. Zaugg advised she could answer questions about halfway houses. Zaugg handed out information she had brought with her. j The first sheet contained the Department of Corrections statistics for January 10tH. The facilities are at 104 percent capacity. Zaugg drew the attention to the darkened areas on the sheet noting that those institutions were over capacity and read specific statistics for institutions. Zaugg commented that Wildwood is able to use pretrial as a holding facility which keeps them from being over capacity at Wildwood sentence facility. Zaugg shared a graph showing growth rate for offenders for a five years period. Zaugg stated that sentenced misdemeanants are the fastest growing group at the moment. Zaugg commented that all the graphs she was sharing show a steady growth. Zaugg explained how in Alaska the prisons have cycles wherein the population goes down when people are busy such as in the summer. The population starts to grow in September to mid-December. On January 1, the population will start to climb again until spring and then will drop again. Zaugg stated that when the facilities start to get full that they try to funnel as many people as they can, in Anchorage particularly, into halfway houses. Zaugg advised that there are a total of 446 halfway house beds. That can go up to 475. The difference is those numbers are perdiem beds for the cycle. Zaugg noted that perdiem beds are paid for as they are used. Today, there were 419 people in halfway houses; there were 20 beds available in Anchorage at the Cordova Center. There were another 25 beds available at another facility. Zaugg stated that at Monday at Sixth Avenue, they brought in in addition to the 119 people they had in-house, they brought in 50 people who were scheduled to report. Zaugg explained these are court-ordered commitments. They are the misdemeanant population. Zaugg explained they may be first offender DWI's who bailed out but must report to serve their time. Zaugg stated in Anchorage people are told to schedule their time with the jail. These are the low-risk population who get into the halfway houses. Zaugg commented there are two things that are true of the people who go to jail. One, almost everyone gets out, and almost everyone goes home. Zaugg noted that Kenai's percentage of misdemeanants of the statewide population is 7.2 percent. Juneau is 7.0 percent. Juneau has 45 halfway house beds today and there is a contract on the street asking for another five beds. Juneau is consistently full. There is a halfway house in Bethel. The misdemeanant total for Bethel is 9.7 percent. There are 41 halfway house beds in Bethel and it will be raised to 51. Matsu Valley shows 9.9 percent. Zaugg commented that it is known that at any given point in time in Anchorage halfway houses, there are 35 and 40 Palmer case numbers housed. Zaugg continued stating they had just closed an RFP for the Matsu for 40 beds. The number for Kenai is a bit smaller. Zaugg stated that they knew, based on the number of people that they take back and forth to Anchorage, when they get overcrowded at Wildwood. People are taken either via van or plane to Anchorage. They serve three to five days in an Anchorage halfway house and then they are released and sent back by plane to Kenai. Zaugg stated that is not very cost effective and it doesn't help transition. Planning & Zoning Commission Page 4 Minutes Zaugg stated that if you are talking about a 20 bed halfway house in Kenai, roughly 15 occupants would be misdemeanants. The others would be furloughees. Zaugg stated these are the people who she assumes people are concerned about. Zaugg noted that these people are at the end of their sentence, the last six months to the last year. They are coming home. They will be in the community when released. Zaugg stated they know that the first six months of their release is the most critical time. They know that the chance of reoffending during that period of time is much greater than it will be later on. Zaugg stated the key is to stabilize as they are moved back into the community. One of the things a halfway house does is give 24 hour awake supervision for someone who is being edged back in to the community. Zaugg stated that on any given day in a halfway house population of 20 that population would be one or none, but it will probably be about 1. The other two beds in the halfway house will be taken by people who are already in your community, people who are on probation, but for some reason they are not doing well in the community. Zaugg stated that they are trying to use the halfway house to stabilize them. Zaugg stated there has been a decision in this state by the last administration not to put untreated sex offenders in halfway houses that are on furlough. Zaugg qualified this by explaining that if you are coming out of jail, if you are an untreated sex offender, you will not go to a halfway house. If you are a treated sex offender, you will have an opportunity to go to a halfway house. If you are coming out on probation, you are an untreated sex offender and your sentence has ended, what is your preference (directed to the audience)? That they be next door or that they be in a halfway house where the probation officer can place them and stabilize them. Zaugg continued stating that this is someone who is getting out of jail anyway and it is not totally without risk. The goal is to try to figure out how to try to move people that are moving into the community anyway. Zaugg continued explaining why an RFP for 40 was not put out. She stated that there had been a concern that people who were not from this area would end up here. Additional materials were distributed showing the halfway house population for the last year, RFP's, rules for halfway houses, etc. Questions from the audience: Questioned what was meant by contracting out and how Corrections was involved. Zaugg explained that Corrections contracted with private individuals to provide services. Corrections does have requirements that must be followed. Zaugg stated there are training programs offered. In addition, Zaugg stated there are two vendors in Anchorage who have offered to allow people to tour their facilities. Zaugg stated that if anyone would like to do that they should contact her office and they would set up a tour for them. Question asking if Corrections follows up to see that monitoring is taking place and what the requirements are for staff backgrounds and training. Zaugg explained there are training requirements. Smaller halfway houses are required 20 hours a year, larger halfway houses are required 40 hours a year. Planning & Zoning Commission Page 5 Minutes Zaugg explained how offenders are scored on a designation form to see if they are appropriate for placement at a halfway house. Zaugg explained offenders are scored by how serious is the current offense, how much time before release date, what type of i crime or conviction, past behavior, is there a history of escapes and how long ago, is there a history of violence, security level, custody level, etc. All these are scored and if they don't add up to a minimum risk, they will not be placed at a halfway house. Staff also looks at attitude. Question if Department of Corrections has any obligation to allow for public comment or a public hearing. Comment noting that had this not been in the City of Kenai, no one would have known that this is happening. Zaugg responded that the public hearing phase is at the Planning & Zoning. Zaugg stated that public knowledge would be based on the advertisement in the paper for the RFP. Zaugg noted that part of the problem with the previous application in this area was there was no zoning in the borough. Zaugg stated the normal method for public comment is through planning and zoning. Zaugg noted that every place in the state, with the exception of Kenai and Matsu, have zoning. Zaugg stated there is not a mechanism set up for public hearing in the Kenai borough. Zaugg stated she has spoken to the Chamber of Commerces in Kenai and Soldotna and Nikiski and to the city council. Question about who helps to stabilize the occupants in the halfway houses. Zaugg advised it may be halfway house staff or a probation officer if they are on probation or parole. Zaugg explained how occupants of halfway houses are checked on and what happens if they are not where they are supposed to be. Zaugg explained there is a certain amount of leeway. If they don't show up within that time limit, law enforcement agencies are notified and they are picked up and taken back to the correctional facility. Once, that happens they are not given a second chance for roughly 90 to 120 days depending on what it was that caused the lateness. If they were just late, they may be given a second chance. The second time, it probably doesn't matter. Zaugg stated that since most of the people are misdemeanants anyway, they are not going to have another opportunity because they have to wait that 90 to 120 days and they will probably complete their sentence by then. Question relating concern with possibility of cuts in funding from the legislature based on what happened a few years ago. And that if cuts took place and there was a halfway house here, they could send sex offenders here from other places. Zaugg stated she couldn't guess what the legislature might do. Comment from public that there is absolutely no guarantee that we won't have a well spoken inmate at the halfway house that may have been charged with sexual abuse of minors. Zaugg stated only if they had completed treatment. Question if that was successful completion and Zaugg responded yes. Planning & Zoning Commission Page 6 Minutes Comment that it bothers them that to say they will only-house minimum DWI repeat offenders. DWI repeat offenders are just as much of a threat as felons. Zaugg wrote on the chalk board the difference cost for maintaining an offender in an institution ($110), halfway house ($50), and on probation ($5) per day. Zaugg asked for example, if you have someone who is sober do you pay $110 a day to keep them locked up or $50 a day in a halfway house. Question from the public that they heard the person who murdered Joe Vogler was from a halfway house. Zaugg stated it was her understanding he was at a halfway house. Also, statement that there was an escapee from API who killed several children at Russian Jack Springs. Also, added that the comments regarding DWI that he had been hit by a drunk driver when he was on a bike. Also, questioned about plea bargaining and sex offenders who bargain to lower charges. Zaugg stated she was not involved in that part of the process. Comment that he had received a paper from Hawaii and they had sent their worst offenders to Texas because it was cheaper to keep them. Suggestion that Alaska should consider the same idea. Zaugg stated that Alaska has gotten tougher on crime and have made tougher laws. But, additional facilities have not been funded. Police officers have been funded but have not funded additional probation officers. If the system is going to work, it is necessary to take care of the whole system. Zaugg stated that for a number of years only certain things have been addressed and now the system is out of kilter. Mahurin stated she needs to understand how it works. Mahurin stated that in theory Mr. Singree could have contracted here and assumes that he doesn't have a background in this area. Mahurin stated that if this came about, and he had the halfway house, he would have had 20 to 40 hours of training. Then, he would have hired people to staff the facility. Mahurin stated in essence it is possible to have someone come in who has no training, has a facility, is well intentioned, but doing it to make money. People are hired with good intentions but they are not trained. Zaugg stated there are requirements for training and academic background in the RFP. Mahurin stated it is a concern and she had not realized it until tonight that Department of Corrections that didn't staff and run and do the monitoring for the houses. Zaugg stated that years ago the Department of Corrections had staffed and ran a halfway house in Anchorage but a decision was made toward privatization. Goecke stated he thought he read or head that anyone could own the halfway house but must have a manager who had two years or so experience. Isn't the manager required to have some background? Zaugg stated there is a requirement for a bachelor's degree and a certain number of years experiences, anywhere from three to four years. Zaugg stated education could be substituted for experience. Zaugg stated he was right that you could own the operation and not have experience but hire someone to do that. Planning & Zoning Commission Page 7 Minutes Question if it is possible to designate a halfway house for misdemeanants only? Zaugg stated that is not what is needed. Zaugg stated that beds are needed for furloughs, ~ felons, and relief for probation officers. Discussion with audience about why Alaska doesn't operate a work release program from the institutions. Zaugg explained that it had been tried when she was at Wildwood but it had not been successful. Mayor Williams thanked Ms. Zaugg for coming to the meeting. The Mayor explained that this is the third in a series of meetings that have been held in the last year regarding halfway houses. Williams stated we have been fortunate to have Ms. Zaugg at two of the meetings. She has made a similar presentation before city council. Williams stated that was one of the reasons he felt it would be good for her to make a presentation before the Planning Commission. Also, it gives a broader view of what halfway houses really are and what the need for halfway houses are in society. Williams stated that part of his view of this is that if in fact 7 percent of the incarcerated people in the state of Alaska are in fact citizens of this community, then that same 7 percent probably has the opportunity or right to be incarcerated here in a halfway house if in fact they will come home to this area. Williams stated he thought we needed to ask ourselves do we take the position that 7 percent of our population we would rather not deal with, not be here at all. And, should we pass them on to Matsu or pass them on to Anchorage. Or, do we as a community take the whole situation and say we can take the responsibility for those people. The city's position, to clarify any misunderstanding, is that we want to see the state exhaust the opportunities through the RFP process through private development to see if there is something out there that can be used or delegated as a halfway house. If there is absolutely no opportunity for any type of a halfway house situation within the private sectors, the city may open public hearings and with a decision by the council and Planning Commission, the city may entertain some thoughts of entering some type of partnership with the Division of Corrections to in fact build a facility that could be used and leased out to independent operators. That is only as a last resort. Williams stated that he wanted to dispel any notions that the City of Kenai is jumping through a lot of hoops and demanding that the city be put into a position of building a halfway house of our own. Recess: 8:35 p.m. to 8:45 p.m. 5. CONSIDERATION OF PLATS: a. PZ96-2, Subdivision Plat Approval-Airport Lease Property, Norville Replat. RON GOECKE RECOMMENDED APPROVAL OF PZ96-2, SUBDIVISION PLAT APPROVAL, AIRPORT LEASE PROPERTY, NORVILLE REPEAT. MOTION SECONDED BY TERESA WERNER-QUADE. Planning & Zoning Commission Page 8 Minutes Bryson went on record that he would be abstaining from voting and discussion on this item as his firm has discussed the project with the developer for providing services. Chairman Walker asked for additional staff comment. La Shot noted that the vote would be on the substituted plat; however, the staff report does not change. Walker asked if the maker of the motion would care to clarify their motion as far as the substituted plat. GOECKE ADDED TO THE ORIGINAL MOTION THAT THE INITIAL PLAT BE SUBSTITUTED WITH THE NEW PLAT THAT WAS DISTRIBUTED AT THE MEETING. WERNER-QUADE CONCURRED. Chairman Walker asked if anyone in the public wished to speak to this item. None noted. Commission discussion. Mahurin stated she noted that sewer is available but water is not. Mahurin questioned if there were no water lines. La Shot stated he should have said that water is not available, but it could be brought it from some distance; however, he wanted to call attention to that. La Shot stated it could be fairly close but on the adjacent private property. The builder of the lot may or may not have access to the water. Booth asked if the city was aware of what the developer was going to do with the lot. Walker stated he did not. La Shot stated he have heard rumors but is not at liberty to say. Goecke asked Mrs. Ischi if part of the plat took out any of the Dairy Queen parking area. Ischi stated she is not looking at the substitute plat that the Commission had but the plat that she had viewed there was a stipulation wherein the driveway coming into Dairy Queen off of the Spur that would be left as an access all the way back to the drive through. Ischi stated that it is supposed to be done before anything is done on the plat so that is left for driving in and out for public use. Glick asked if the new business would use that driveway also. Ischi stated she is not sure and that there are a lot of rumors as to what the development will be. It is her understanding that Dairy Queen may end up with the back side of the structure. The driveway will be for public access mainly for the Dairy Queen. Cliff Baker advised that the driveway that comes in off the Spur Highway is straight with the access easement. So, the driveway would be used to come in off the highway. Vehicles would turn right to the other lot or a left to Dairy Queen. It would be a multiple access point. VOTE: BRYSON GOECKE MAHURIN WALKER ABSTAIN YES YES YES WERNER-QUADE BOOTH GLICK YES YES YES APPROVED. Planning & Zoning Commission Page 9 Minutes b. PZ96-3, Subdivision Plat Approval-Misty Haven Subdivision, Replat of Tract A ~ CARL GLICK RECOMMENDED APPROVAL OF PZ96-3, SUBDIVISION PLAT APPROVAL FOR MISTY HAVEN SUBDIVISION. SECONDED BY RON GOECKE. Chairman Walker asked if additional staff comment. La Shot stated nothing. Walker asked for public input. None noted. Commission discussion. None noted. VOTE: WERNER-QUADE YES GOECKE YES BOOTH YES MAHURIN YES GLICK YES BRYSON YES WALKER YES APPROVED. c. PZ96-4, Subdivision Plat Approval-Richka Park Estates CARL GLICK MOVED FOR APPROVAL OF PZ96-4, SUBDIVISION PLAT APPROVAL FOR RICHKA PARK ESTATES. MOTION SECONDED BY TERESA WERNER-QUADE. Walker asked for additional staff comment. La Shot stated nothing additional. Walker asked if anyone in the public wished to speak. None noted. Commission comments. Bryson noted he would be abstaining due to past conflict on this tract. Walker stated he understands the commission is recommending approval of the plat as it is before the Commission. Walker stated he has strong concerns as to the use or potential use of Tract A in this particular configuration. Walker asked if he could obtain some comment on that. Mr. Hall stated they felt it was appropriate to split the property into two pieces and that was his only comment. VOTE: GOECKE YES BOOTH YES MAHURIN YES GLICK YES BRYSON ABSTAIN WERNER-QUADE YES WALKER NO MOTION PASSED 5 TO 1. Planning & Zoning Commission ~ Page 10 Minutes 6. PUBLIC HEARINGS: a. PZ96-1, Conditional Use Permit, Katmai Hotel, Halfway House Conditional Use Permit application pulled by applicant. 7. NEW BUSINESS: 8. OLD BUSINESS: a. PZ95-58, Warehouse Subdivision Chairman Walker stated that on the bottom of the memo from administration the question before the Commission is, "Does the Commission agree that this satisfies the Commission's requirements?" Ms. Mahurin stated she does not feel that this satisfies the Commission's requirements. She stated that she thought the Commission was very concerned that there be some trees and natural vegetation. The comment saying that landscaping is undisturbed natural vegetation including spruce and birch trees, Mahurin noted she didn't see any of these on the property. Mahurin stated she understood it was winter and it would not be possible to see where grass is but she had a feeling that there was to be some buffer and some shrubbery, grass, and trees were going to be left. Mahurin noted she doesn't see any of that and she doesn't feel this plan meets what was decided after the discussion. Clint Hall, owner of the property. Hall stated that the new landscape plan was the result of what he understood the Planning and Zoning Commission had decided upon. Hall stated he thought the Commission understood that on a small commercial lot that trees were not an asset to the lot. In the first landscape plan, there was some natural vegetation. Hall stated he thought the Commission preferred to see shrubbery and grass in preference over trees. This plan is the result of what he thought came out of the first meeting. Hall stated that on the back 42 feet of the lot that the first plan had natural trees across the back of it. Hall noted that a neighbor came and requested that they leave 42 feet of buffer so they did a lot line adjustment to satisfy a neighbor. Hall stated that what his understanding from the original meeting that he would substitute the natural trees in front with shrubbery and grass along the front of the building and not just one front corner but both front corners. That is what the new plan should identify. Mahurin commented that sometimes what is wrong with discussions is that they are remembered differently. Mahurin stated she remembered Hall's comments that he needed places for snow removal, places for equipment, etc. Mahurin stated she lives in the area and was very disturbed to drive by and see what she considers a clear cut. Mahurin stated she thought trees could be part of the front part of a building. She stated she felt it would have enhanced the front part of Hall's building. Mahurin stated she has a lot of concerns with a developer who comes in and completely levels the lot ~ whether it is a home or a business. Planning & Zoning Commission Page 1 1 Minutes Hall stated that a small commercial lot is difficult to have a lot of natural landscape. ~ Hall stated that he thought they were all in agreement to the shrubbery and grass. Hall noted that winter had set in and they have not had an opportunity to perform on the landscape plan. Mahurin stated she did understand the weather interrupted the plan. Mr. Glick stated he drove by the property. He asked if Hall had cleared to the lot line. Hall stated it was 42 feet. Glick asked if the back side was the 42 feet he was referring to. Glick asked if in the spring Hall intended to put the shrubs and grass in. Hall stated it was their intention to put nice landscaping in in the spring. Hall stated that regarding the trees that had been on the corner, he had not thought they were very attractive. He reiterated he thought the Commission preferred shrubbery and grass. Mahurin stated that Mr. Smalley had reminded her that Mr. Hall had met the percentages. She stated that she understood that; however, that she still has a concern. Mr. Hall asked if the Commission had reviewed the minutes from the original meeting. Walker stated that was before the Commission. Walker stated he would like to read one statement out of those minutes, "Mr. Goecke stated that he felt as long as Hall was willing to put shrubbery in front of the office in the two front corners and plant some grass that would look nicer than weeds." Walker stated that one concern that he believes Ms. Mahurin is looking at is that the Commission is not seeing where there would be grass planted. Walker stated that he thought the original plan had showed ~ one edge either natural vegetation or some kind of landscaping, to the east side. Walker stated the newest plan does not indicate any vegetation other than the two corners and it indicates somewhat a larger snow removal area and no vegetation on that area. Walker stated that if that area was to be used for snow only that perhaps grass or low lying foliage could be placed there as well. Mr. Hall stated that what he left the Commission was a picture. Hall noted he has never owned a small lot for development. Hall stated he understood they were going to need more snow removal area. At that meeting he did address that because he put the plan together before realizing that. Hall stated he had made a statement to that effect at that meeting. Hall stated he hoped that was reflected in the minutes. Hall commented that when he left the last meeting he prepared this new plan thinking he knew what the Commission was looking for. Chairman Walker asked if there was further discussion. Mr. Booth stated that he was not on the Commission when this item had been heard before so his point of view will be based strictly on what he sees now. Booth stated he also lives in that specific area. Booth stated he personally would like to see more grass than what is shown on the plan. Booth noted that on the drawing on the roof overhang that you have also had cars parking in that area and you have been using it as a Planning & Zoning Commission Page 12 Minutes parking spot versus the designated areas on the plot. Booth stated he is personally hoping Hall will plant grass in a lot more area than is designated on the plan. Hall stated that before he had drawn up the plan he was not sure what the Commission was looking for so he went to city hall and researched other plans. In addition, he stated he tried to look at the actual developments. Hall commented that that a lot of performance has not taken place and that he would like the opportunity to show the Commission what kind of performance they will have with their landscape plan. He noted that they fully intend to have a nice building and landscape plan. Hall added that they have 100 percent intention to fulfill the landscape plan or even beyond what is noted on the plan. Mr. Goecke stated that in the minutes that basically the last thing Mr. Hall had said was that Hall confirmed that the backside would be bare. There was nothing said about the side area and Goecke said that he sees this as a question. Ms. Mahurin stated she would like to thank Mr. Hall for coming back and working with the Commission. She asked that Mr. Hall know that she is not coming from a punitive perspective at all. Mahurin stated she is happy to hear Hall say is 100 percent committed to this plan. Mahurin stated she is anxious to see what will happen in the spring and she is willing to give Mr. Hall the benefit of fulfilling his plan. Mahurin said she is trusting that she will see things differently in the spring time. Chairman Walker asked if there was a motion to approve the site plan as presented. Bryson stated that he was in a situation wherein apparently Richka Subdivision status has changed and he will be abstaining from this action because of potential involvement with the developer. MR. GOECKE RECOMMENDED APPROVAL OF PZ95-58 SITE PLAN FOR WAREHOUSE SUBDIVISION. Mr. Walker advised there is not a new resolution before the Commission. Walker stated that he believed the Commission needs to approve or not approve the site plan that was placed before the Commission as the Commission had asked for it to be brought back. MS. MAHURIN MOVED THAT THE PLANNING AND ZONING COMMISSION AGREE THAT THE AMENDED LANDSCAPED PLAN AS SUBMITTED DOES SATISFY THE COMMISSION'S REQUIREMENTS, BUT REQUEST THAT THE CITY REPORT BACK IN LATE SPRING AS TO LANDSCAPING ON THE LOT. MOTION SECONDED BY MR. GLICK. VOTE: BOOTH YES MAHURIN YES GLICK YES BRYSON ABSTAIN Planning & Zoning Commission Page 13 Minutes WERNER-QUADE YES GOECKE YES WALKER YES b. Comp Plan Chairman Walker noted the Commission had an update on the Senior Center before them. Ms. Kebschull advised the Commission that the information was written and revised by Pat Porter, the Director at the Senior Center. Kebschull advised the Commission that this is the last two pages and once this is reviewed a final draft will be available for the Commission's review. Walker asked for comments or discussion on this item. Councilman Smalley advised that the librarian had spoken with him in regards to the discussion last meeting. She had informed him that the library was 10,000 square feet. Smalley asked if the body wished to mention anything about the potential new services that will be available in the private sector. Kebschull advised that a statement had been placed in the document referring to discussion about such a facility. Walker noted if no additional comments, we would consider the board approval of the Senior Center revision. 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council Councilman Smalley commented that the Mayor had mentioned in his discussion earlier about the city possibly going into some agreement with the state on a halfway house. Guests from a Nikiski High School club called Handiworks spoke to council. They are working with an individual from the State Forestry and a private logger. They would be willing for a fee per lot size to come in and identify beetle kill trees or infected trees should the city decide it wants to go into some sort of operation to remove these trees. Primarily this would be on Section 36. No action was taken on their proposal. Smalley noted that public hearing projects were separated as they felt to the city they were all prioritized projects and they wanted to send a resolution for each of them. Council had a discussion about setting a public hearing for the Thompson Park Water and Sewer Special Assessment District. Smalley noted there were five large lots that had assessments against them. Smalley explained the assessment process for these lots. The Mayor wanted the council to look at those lots as being assessed exorbitantly. Smalley noted that the council was not ready to make a special arrangement and consideration but to keep with the code. Meeting for the special assessment scheduled for February 7th. The city did not recommend an LID project for the Kenai River Bank restoration proposal as submitted. The city attorney, city manager, and finance director went through it and such a project does not meet the criteria to involve funding. Discussion about the bed tax issue and other forms of developments for revenue within the city. One of those looked at was the "sin" tax. This deals with the games of skills and chance. The city may look at assessing some Planning & Zoning Commission Page 14 Minutes sort of tax on these. Figures were presented showing gross receipts of $9 plus million dollars. There will be public hearings on this. A number of municipalities across the `) state do this. For example, Juneau collects approximately $275,000 a year. Matsu collects a similar amount. Council took no position to hire a lobbyist for this year in Juneau. The money has been budgeted. A letter was received from Mr. Burton in Juneau stating that it does appear at this time that the well project of $960,000 will not be forthcoming, at least on the Governor's prioritized list. Ms. Mahurin commented that she hoped city council realized that most games of chance are non-profit organizations. Smalley assured Ms. Mahurin that council understood that. Walker asked if council understood how many of the non-profit organizations are not from this community. Smalley stated yes noting that he had a complete list of those revenues. A number of dollars are being generated here that the revenues are being shared through contractual agreements with entities across the state. Smalley stated there is a set limit with some of those of a million dollars per license. Walker commented that he had seen many applications for non-profits from other areas to raise funds here. Walker noted that perhaps this is a good source of revenue for the city. Smalley noted that council has not taken any position; council will discuss this in the future. Smalley noted that when the bed tax was implemented that it was agreed that in the future other sources of funding would be investigated. Those included tourism dollars and they are finally getting around to looking at other sources of revenue. Ms. Werner-Quade asked Mr. Smalley how the public hearing for Item 4 would be advertised. Smalley noted it has been done. Hearings have been sent, individuals have received documentation of costs, and the hearing will finalize the costs. Werner-Quade asked if it would be during the council meeting on the 7th and if it would be in the newspaper. Smalley stated he believed every individual had been notified and it would be posted in the paper. b. Borough Planning Mr. Bryson stated that the Borough Planning Commission met last Monday and it was a long meeting. Bryson stated that on the agenda, Items through E1 were approved. Item E 1 was a proposed land classification in the Homer area. It was a petition to classify a borough property as residential in part and preservation in part. The property is situation on East Hill Road escarpment so it is heavily cut by gullies. After extensive testimony both in Soldotna and at Homer, the recommendation was to classify the area as preservation. This was due to the extreme contours in the area. That will be sent to the assembly as a recommendation. Item E2, was an ordinance establishing an advisory planning commission for Kachemak Bay. The Planning Commission had voiced the concern that the area was too large. The ordinance went before the administration and the Mayor had recommended as originally proposed by Councilman Drathman. After receiving the Mayor's comments, the commission concurred with his recommendation. A petition to vacate an easement at Rappe Gallant Subdivision was approved. Public hearing F2, a vacation on Whisper Way, was denied. Item I8, from the City of Kenai on Beaver Loop Road, was approved. One item Planning & Zoning Commission Page 15 Minutes on the Consent Agenda was removed for discussion at the request of the owner of the property. This was an after-the-fact permit to place additional fill in the Cooper ~ Landing area. The borough did not take action on the item; they did discuss it. The item has been advanced to administrative review at the state level and it has gone beyond the appropriateness of borough comments. It is an area they have previously put in about 1000 cubic ;yards of fill in one of the overflow channels in the Cooper Landing area. They want to put additional fill in the channel. The ordinance establishing a Planning Commission for Funny River was recommended to be approved. A work session was held before the regular meeting that lasted two hours. The administration has taken the recommendations from the special board that was set up for the Kenai River and drafted an ordinance for the river. This is much less restrictive. Copies of the draft were supplied to the Commission as a handout for tonight's packet. Bryson noted that he felt that there are several areas of the draft will need to be tightened. One, they need to better define where the habitat area is; they refer to 60 percent cut banks. But, they don't say what constitutes a 60 percent bank. Also, mean high water line in river areas subject to tidal effects need to be addressed. Bryson stated he doesn't feel the current definition is adequate. Bryson read information on variance and stated he questioned what all reasonable use was and this may need to be reviewed. Bryson commented on other sections of the draft. Mr. Booth asked about the PDS permit resolution. Bryson advised that he had a copy if Mr. Booth would like to look at it. The resolution was proposing initial support of the general concept. Bryson stated it was non-specific. c. Administration Jack La Shot advised council will be looking at the draft regarding the flood at their next meeting. La Shot stated if anyone had any input to call him prior to noon on Friday and he would provide that input to council. La Shot informed the Commission that even though the city didn't get the additional funding asked for for the well, the city still has approximately $1.5 to $1.7 million available. The new well house design proposal will be before council at their next meeting. La Shot noted there is a strong possibility the city will be looking at a different design than the other two well houses that is less expensive. Mr. Walker asked La Shot if the new well water would be clear. La Shot stated that the new water had samples drawn today. La Shot stated the first set of tests look real good. The color is below detectable limits. Walker asked what opacity gradient was being used. La Shot stated color units. La Shot said well house one is 15 units, well house two is 45 units. Walker asked about the other inert materials commonly found in well house two water. La Shot stated no real problems. Walker asked if this water would meet current and near future federal standards? La Shot stated arsenic has been found at low levels but could rise with use. Smalley asked if the capacity had increased. La Shot stated at 1000 gallons. La Shot commented that for Kenai water it is the best he has seen. Planning & Zoning Commission Page 16 Minutes 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. KPB Planning Commission Agenda for January 8, 1996 b. Fax to Continuum Corp c. Reappointment Letters 13. COMMISSION COMMENTS & QUESTIONS: Ms. Mahurin stated she understood the Commission had a meeting on the 16th and another on the 23rd and stated she will be at those meetings. Ms. Mahurin asked to be excused from the meeting of January 24th and the meeting of February 14th. Walker stated there may be concerns about attendance on the February 14th meeting as he would also be out of town. Mahurin stated she would be out of state. Councilman Smalley stated he may be gone on the 16th but would definitely be gone on the 23rd. Mahurin commented about the "sin" tax and how it reminded her of a song. Mahurin reminded Councilman Smalley that even the sale of Girl Scout cookies that the majority of the money leaves the area. Ms. Werner-Quade commented that regarding landscape site plan reviews that she feels the Commission should scrutinize the plans when they come before the Commission in the future. She feels they have been lax in the past and that what occurred tonight is some of the fall out. Werner-Quade extended sympathy to the victims of the fire. Chairman Walker reminded the Commission of the meeting on January 16th and will expect to see everyone in attendance. Ms. Werner-Quade stated she would not be in attendance because of a family member having surgery. 14. ADJOURNMENT: MEETING ADJOURNED AT APPROXIMATELY 10:00 P.M. Res tful y submitted: M ril n Kebschull Administrative Assistant Planning & Zoning Commission Page 17 Minutes