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HomeMy WebLinkAbout1996-02-14 P&Z MinutesCITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo ~ February 14, 1996, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL: a. Elections 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: January 24, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-6, Sprucewood Glen Subdivision No. 7 (R,eplat of Tract D) 6. PUBLIC HEARINGS: a. PZ96-7, Encroachment Permit, Lot 17, Block 1, Anglers Acres, Part 2 b. PZ96-8, Conditional Use Permit, Lot 17, Block 1, Anglers Acres, Part 2 c. PZ96-9, Conditional Use Permit, Lot 8, Anglers Acres, Part 3 d. PZ96-10, Conditional Use Permit, Tract 4, Horseshoe End at River Bend S/D 7. NEW BUSINESS: a. PZ96-11, Landscape Site Plan Review, Mapco Petroleum, Inc. b. Proposed Residential Zone (Michael Christian) 8. OLD BUSINESS: a. Comprehensive Plan 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Kenai Habitat Restoration and Recreation Enhancement Project Info. b. Reappointment Letters c. Planning Commission Training Seminar Info 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION ~) MINUTES February 14, 1996 ROLL CALL: UNAPPROVED Members Present: Phil Bryson, Teresa Werner-Quade, Ron Goecke, John Booth Members Absent: Carl Glick, Karen Mahurin, Kevin Walker Acting Chair Bryson stated there was a quorum and noted that it would take four YES votes to pass a motion. ELECTIONS: Acting Chair Bryson opened nominations. RON GOECKE MOVED TO LEAVE THE CHAIR AND VICE-CHAIR IN PLACE. Mr. Goecke noted he had spoken to Mr. Walker and he stated he would continue as chair. Mr. Goecke stated he had not spoken to Mr. Glick but is sure he would have no objections. RON GOECKE MOVED TO LEAVE CHAIRMAN WALKER AS CHAIRMAN. RON GOECKE MOVED THAT MR. GLICK REMAIN VICE-CHAIRMAN. Bryson noted that for voting purposes the motion would be split into two items. Bryson asked if there was a second. MOTIONS SECONDED BY JOHN BOOTH. Bryson asked if any objection to first motion, hearing none MOTION PASSED UNANIMOUSLY. Bryson stated Mr. Glick had been nominated for vice-chair and asked if any objections, hearing none MOTION PASSED UNANIMOUSLY. APPROVAL OF AGENDA: Bryson asked if any additions or deletions to the agenda. MR. GOECKE RECOMMENDED APPROVAL OF THE AGENDA NOTING HANDOUTS; HOWEVER, NO NECESSARY ADDITIONS TO THE AGENDA. ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY MS. WERNER-QUADE. VOTE: WERNER-QUADE-YES GOECE-YES BOOTH-YES BRYSON-YES PASSED UNANIMOUSLY. APPROVAL OF MINUTES: January 24, 1996 Bryson asked if any additions or deletions to the minutes of January 24, 1996. MS. WERNER-QUADE MOVED FOR APPROVAL OF THE MINUTES OF JANUARY 24, 1996 AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY MR. GOECKE. VOTE: GOECKE-YES BOOTH-YES WERNER-QUADE-YES BRYSON-YES PERSONS PRESENT SCHEDULED TO BE HEARD: None. CONSIDERATION OF PLATS: PZ96-6, Sprucewood Glen Subdivision No. 7 (Replat of Tract D)-Jack La Shot stated that this plat resubdivides an existing tract into three parcels, all parcels front along Bridge Access Road. There is no installation agreement required. Bridge Access Road is available for extension of utilities. Sewer line is available to tract D2 in the back. Bryson asked if this plat was related to the construction that is underway. La Shot stated that construction takes place between the Spur Highway and this plat. Bryson clarified if that is the smaller tract as noted by dashes on the plat in the packet. La Shot stated he dashed in the line because it wasn't denoted. Bryson stated there is a water and sewer easement that stretches through that property parallel to the Kenai Spur Highway that provides the water and sewer service. MR. GOECKE RECOMMENDED APPROVAL OF THE PRELIMINARY PLAT FOR SPRUCEWOOD GLEN SUBDIVISION NO. 7. MOTION SECONDED BY MR. BOOTH. VOTE: BOOTH-YES GOECKE-YES UNANIMOUS. PUBLIC HEARINGS: WERNER-QUADE-YES BRYSON-YES PLANNING & ZONING COMMISSION MINUTES PAGE 2 FEBRUARY 14, 1996 PZ96-?, Encroachment Permit, Lot 17, Block 1, Anglers Acres, Part 2-Mr. Bryson asked for further staff report. Mr. La Shot stated that this first public hearing \) is the first of three that involve properties owned by the same individuals. The first one involves an encroachment on Lot 17. Mr. La Shot asked that any comments be related to the encroachment itself so that each permit request could be handled separately. Bryson stated the action on Lot 17, Block 1 that is open for comment is for the half foot encroachment into the 15 yard side setback. The building itself is 14.5 feet from the property line. The rural residential zone requires 15 feet. Mr. Bryson opened the public hearing. Nigel Guest, 3320 W 78th, Anchorage 99502-Mr. Guest stated he would try to keep his comments short and thanked the commission for the opportunity to speak. Mr. Guest stated that some of his comments do relate to the next item on the agenda. As far as the encroachment goes, Mr. Guest stated he was disappointed that things weren't planned and looked at before things were built next door. Mr. Guest stated Mr. Lowe has built it clearing everything out in the immediate area and basically where he sits is an eye sore. Mr. Guest stated he had requested that Mr. La Shot make available to the Commission a letter he had written. Mr. Guest stated he didn't know if the Commission had had an opportunity to read the letter but hopes that they will before voting. Guest stated that basically he has asked Mr. Lowe to build a fence that will shield his property from Lowe's property. Guest stated he would request it be built at an 8 foot level to block the things that are budding onto his property line and to help shield his property which he has tried to protect. Basically, to make his property to continue to be a residential area and something that he hopes to retire to soon. Guest stated he uses it for recreation in the summer from basically the middle of April when his tax season is over until approximately October 15 to the 31st. Guest stated this lot sits in a series of lots that are recreational and this will become a commercial use lot. Guest stated he would save that comment for the next hearing. Guest asked the Commission to read his letter and to help him keep some of the quality of life he is used to on a residential lot. Mr. Bryson closed the public hearing and brought the matter back to the Commission for action. MR. GOECKE RECOMMENDED APPROVAL OF PZ96-7 ENCROACHMENT PERMIT FOR LOT 17, BLOCK 1, ANGLERS ACRES. MOTION SECONDED BY MS. WERNER-QUADE. Goecke asked Mr. La Shot if Mr. Springer said anything about the building that is encroaching. Goecke explained that he when he looked at it it looked like the building was moved in okay but then added to after it was on location. Mr. La Shot stated there was an addition put on the building that was moved in; however, he is not sure if the addition is what is encroaching. La Shot stated he thought it was the addition. La Shot asked if there was anyone in the audience representing the Lowes. PLANNING & ZONING COMMISSION MINUTES PAGE 3 FEBRUARY 14, 1996 Brian Lowe, owner of the property on Lot 17 on Angler Drive identified himself. Mr. Lowe explained he had staked out and had an asbuilt on the property and then had more gravel put in. In doing so, stakes were removed and then put back. Lowe stated he moved the one part of the building to the extent he thought it was in the 15 foot and he said it looks like just the corner of it is in 6 inches over. Lowe stated it was an accident and it wasn't planned that way. Lowe stated if Nigel wants him to put a fence up there he has no problem with that. Mr. Bryson stated the question was whether the 16 foot dimension on the asbuilt as shown was the secondary addition. Mr. Lowe responded no, that was the building that was put in. Bryson clarified it was the original building and it was expanded with a 22 foot addition. Lowe stated it was set there and it turned a little bit. Lowe reiterated he had had someone come in and put more gravel, they removed the stakes and put them back. The building was tilted and the addition was put on the one right corner is extending beyond 6 inches. All the other corners are inside. Mr. Goecke stated looking at the asbuilt, assuming that everything on it is correct, he has a tough time looking at all the space to the left and wondering why the thing wasn't moved to the center a bit further, if you are close. Goecke stated there are so many of these coming in that are encroaching a foot and a half, six inches, a foot ,time after time, "Oh, I made a mistake." Goecke stated he is becoming a little disenchanted with the so-called mistakes. Ms. Werner-Quade stated that based on staff recommendations and the comments of Mr. Guest she will be objecting to the encroachment. VOTE: WERNER-QUADE-NO GOECKE-NO BOOTH-NO BRYSON-YES MOTION FAILED, THREE NAY VOTES, ONE YES VOTE. Mr. Bryson stated that for the record this action could be appealed to the City Council. Bryson asked what the time limit was for appeal and Kebschull stated the information would be sent to Mr. Lowe immediately. Bryson asked Mr. La Shot if he was aware of the appeal period and he responded he thought it was within seven days that he must give notice of appeal. La Shot stated the appeal board, council, has 30 days. Bryson stated that should be clarified tomorrow with the city secretary. PZ96-8, Conditional Use Permit, Lot 17, Block 1, Anglers Acres, Part 2-Mr. Bryson noted this was the same lot as the above lot. Mr. La Shot stated this Conditional Use Permit would allow the owner to rent nightly and weekly during the summer a two bedroom home with a loft. He intends to rent it monthly in the winter which normally would not require a permit. La Shot stated a contingency has been requested that the permit be issued upon resolution of the encroachment. La Shot PLANNING & ZONING COMMISSION MINUTES PAGE 4 FEBRUARY 14, 1996 stated he has an illustration for the Commissions' use to show some of the other conditional uses that are occurring in the Anglers Drive area. Mr. Bryson recessed meeting for five minutes. Mr. Bryson opened the public hearing for comment for Lot 17, Block 1, Anglers Acres, Part 2, request for a Conditional use Permit. Nigel Guest from Anchorage. Mr. Guest stated that he wanted to say that he realizes his area of Angler Drive is important to the City of Kenai because it is one of the few areas that the city can access the river from Kenai rather than from Soldotna. Guest stated he is an avid fisherman himself so he likes to see people fish. Guest stated he would like to mention that sometimes rules seem to get bent and there is little enforcement in this neck of the woods noting it has been seen in other lots and other areas not only on the Anglers Drive area but in Soldotna. Guest stated he would like protection as a residential area. He stated he has no objection to people staying in a house next to him but he would like to see the business use restricted to the overnight use, or week use, or monthly use. He stated he would hate to see a boat rental operation started or a guiding operation started out of that. Especially since Mr. Lowe has access to other lots which he already owns on Anglers Drive where he has a business use permit and where he has been running his Hi Lo Charters. Mr. Guest stated he would like the commission to think of his position of having a lot totally cleared next to you, campers in there, tents in there, basically the trees gone, and very little that the Kenai Peninsula offers to us as individuals. Guest stated that when he lived down here from 1977 to 1988 one of the things he really enjoyed was the fact that his house was out in the trees, he could look around and not see too many other people, and not hear too many other things. This is one of the things that keep bringing him back to the Kenai, the peace and quiet and enjoyment. Guest stated he would like to ask the Commission members to put themselves in his shoes and try to help a little bit., maybe not to deny the permit but to keep it to the actual specific use that has been asked for and to have some means of enforcement if the use expands beyond that permit. Bryan Lowe-stated he wanted to note that he would not be running a guide service out of the property but it would just be used for lodging alone. Lowe stated he does not plan on having an RV park and there are a lot of trees left. Lowe reiterated he does not plan on running a business out of there, lodging only and boat parking. Everybody along there has parking for boats and Lowe stated he doesn't see why he should be denied as far as just to have it for lodging. Will Jahrig stated he owns Lot 12 on Anglers Drive and noted he has been in conditional use since 1989. Jahrig stated he thought he was one of the front runners who started the conditional uses there. Jahrig was under the assumption that the Conditional Use Permit was allowed under city codes to run a small business following guidelines. And, if guidelines were not followed, the conditional use could be revoked. Jahrig asked if that was correct. Bryson stated it is. Jahrig stated with that assumption with their business they have tried to do their utmost to keep their PLANNING & ZONING COMMISSION MINUTES PAGE 5 FEBRUARY 14, 1996 neighbors happy and that he feels they have a good relationship with their neighbors down there. Jahrig stated that neighbors use the dock when they want to, they can come and go and use the phone. Jahrig stated they have tried to be very neighbor friendly. Jahrig stated Beaver Creek is a very nice, very positive area. It is a very safe area for clientele and for those who own their places down there. Jahrig stated he objects to things happening down there that can be negative. Stated he objects if they are not being perceived to the public or to the clients that are correct uses. Jahrig stated he has a hard time with some of the conditional uses. Jahrig stated that Mr. Lowe has Lot 8 coming up along with this lot. Jahrig stated Lowe has been running a business off another lot for several years now that has not had a conditional use. Jahrig stated Lowe knows a conditional use has to be in effect to run a business because he has had one previously. Jahrig states he realizes that the city doesn't have a way of policing or overseeing this. Jahrig stated you have to take it word wise from people who are down there. Jahrig stated he takes it as a slap to those who are down there to their intelligence if somebody has been doing things and stepping over their limits and their boundaries for years. A little bit here and a little bit. here, and well, we got away with another one, well I can run this one. Jahrig stated he likes to see businesses down there and he thinks they are a good, positive business aspect for the city. Jahrig states he doesn't like it when they are taken advantage of because it doesn't just show lack of fore thought on their behalf. It makes it harder on somebody like myself. If I want to come before the board and ask for more conditional usage or a change, the negative aspect that comes back to us as property users. Jahrig stated they will have a hard time doing it. Jahrig stated he knows that is not the way it is supposed to happen. Jahrig stated you get grouped in as an area and he doesn't want to see it happen to that area down there. Jahrig stated that he thinks you have to grab it by a little bit more of a hand and make sure that things aren't just walking along and not being noticed, out of sight, out of mind. Jahrig stated he felt that if commercial businesses are coming in for conditional uses, he thinks the city should require DEC or some regulatory commission that would make sure that our septic systems down there are being 100 percent put in, designed, and installed for the usage. Jahrig stated he knows that for years Mr. Lowe had a septic system that on high tide was flooded. Jahrig stated he has another septic system now that he installed a drainage ditch for that is within less footage that is specified for having drainage ditches next to a leach field. Jahrig stated there is always water in the ditch. Jahrig stated it is things like this that he sees constantly that nobody does anything about and that it has come to a head now. Jahrig stated this is one of those issues and if there are going to be conditional uses and running people down there, he doesn't want his clients having to see somebody drainage ditch that is probably septic. Jahrig stated there is a fecal count that is a problem in the creek now and the state and borough are trying to address it. Jahrig stated he doesn't know that if it is in the city statutes but is an item he thinks should be addressed. Jahrig stated he knows he is coming in to get his conditional use on Lot 8, the next item, and he knows that it has been used for guiding and as commercial use for several years. Jahrig stated he has been there, fishing several times a week as a private individual off his dock. Jahrig stated he comes and goes and sees it all the time. Mr. Jahrig stated he appreciates the commissions' time. PLANNING & ZONING COMMISSION MINUTES PAGE 6 FEBRUARY 14, 1996 MS. WERNER-QUADE RECOMMENDED APPROVAL OF PZ96-8, CONDITIONAL USE PERMIT FOR LOT 17, BLOCK 1, ANGERLS ACRES, PART 2. MOTION SECONDED BY MR. BOOTH. ,~ Goecke stated he doesn't have any problem issuing the Conditional Use Permit but not open ended the way it appears at this point. First, it must be contingent upon council overturning what was done on 96-7. Also, would definitely want to see a fence along the property line. Goecke stated that Mr. Jahrig brought up a point about making sure that the only thing that happens on this lot is rental of housing. Goecke stated he doesn't know how to state that he would like to see that happen and doesn't know where the enforcement would come from on that but would like to make sure that is the only thing that happens at this time if this Conditional Use Permit is granted. Mr. Bryson stated that at this time the motion was to approve the request for the conditional use and does not include the comments of the building official or the city engineer. Bryson noted that if you wish to have those attached, you better be specific or add them as an amendment. Booth directed a question to Mr. La Shot stating that he noticed there is a well on the plat within the flood line and asked if there is a possibility of well contamination. Booth noted the speaker commented on possible septic contamination in the area. Booth stated he was curious with annual flooding such as this last year whether it was a potential that that well could become contaminated. Booth added he is aware that if you run a business such as a bed and breakfast you are not required to comply with the same kind of health standards and codes that you would if you had a public restaurant. La Shot stated that the authority for onsite water and sewer rests with DEC. The city only gets involved marginally with that. La Shot stated it is not a problem for the city to communicate with them to let them know what uses are taking place on the lot but the city doesn't get involved that much in that. La Shot stated that as far as the well location, DEC has standards to abide by, separation distances from water bodies and other facilities and leach fields and wells. The flooding that took place last year was something greater than annual flooding. It was the 100 to 150 year flood. La Shot stated he is not sure what happened to this particular well but it could flood. Bryson added that whatever level the water gets in this area is 99 percent tidal situation so it could be predicted with the moon except in extreme worse situation which would be a combination of events. Bryson added that to conform with DEC requirements they would have to have a Class C well conformance. In the past, that has been a purview of DEC requirements. Booth asked Bryson to explain a Class C well. Bryson stated that effectively it is (Bryson noted this information was from memory) a well for less than 25 persons and it is not a business situation, not a domestic water source. Booth questioned if this would require a Class C well and Bryson stated yes. Bryson stated they are required to have a 150 foot separation between sources of contamination. Goecke stated he was having a quandary about thinking about doing anything with the Conditional Use Permit until the first matter is taken care of. Goecke stated that at this point in time there is not a place to operate the Conditional Use Permit. Bryson stated they are in violation of a side yard setback. Goecke stated that theoretically PLANNING & ZONING COMMISSION MINUTES PAGE 7 FEBRUARY 14, 1996 since the commission turned down the encroachment permit, he does not have at this point in time a place to use the Conditional Use Permit. Bryson stated he felt they were different subjects but the building inspector has tied them together in his recommendations which are not a part of the motion. Councilman Smalley stated that potentially the two resolutions that Mr. Bryson talked about and the comments could be to add an attachment suggesting that approval be conditioned upon resolution of the encroachment. That encroachment can be appealed within 30 days to the city council or Mr. Lowe can resolve that himself by moving his building. The city engineer is suggesting that once the encroachment has been dealt with, it could be approved. That is a recommendation that right now is not on the main motion. So, it could be resolved in one of two ways. Bryson stated, making reference to Mr. Fretz' letter, that he is somewhat dismayed that the house trailers and/or tents were being utilized for housing in the area. Though that is an administrative matter for conformance with the other conditions. Bryson added that he would hope in the future they are policed. Councilman Smalley stated that what probably should have occurred is that complaints should have been called into the city because the city is not actively out looking and seeking violations. That is the way the code is set up. When a complaint received, the city goes and investigates. And then, if there is a violation, it can be dealt with. But, probably no complaints came into the city so there was no awareness. But, whenever there are Conditional Use Permit violations, the city has to be notified before it has any knowledge. Bryson asked if there was a wish to modify by amendment any aspects of the main motion. Goecke asked if he could talk to maker of the motion. Bryson asked if he would like a break or to discuss it during the meeting. Goecke agreed to do it within the meeting. Goecke asked if the maker of the motion is the only one who can make an amendment to the motion. Bryson stated that he could make an amendment. GOECKE AMENDED THE MAIN MOTION FOR PZ98-8 THAT BEFORE THIS PERMIT IS ISSUED THE PREVIOUS RESOLUTION PZ96-7 BE RECTIFIED AND TAKEN CARE OF. TWO, THAT A FENCE GO UP ALONG THE PROPERTY LINE. AND, THREE, THAT ALL QUESTIONS THAT PERTAIN TO THE WELL AND THE SEPTIC SYSTEM BE APPROVED AND CLEARED UP. AMENDMENT SECONDED BY BOOTH. Booth stated he would like to further define the third issue and state that he would like to see the ADEC permits for the well and septic showing that they are within state guidelines and regulations allowing for the requested use. PLANNING & ZONING COMMISSION MINUTES PAGE 8 FEBRUARY 14, 1996 Bryson stated he has a problem with requiring that this item be tied directly to the Encroachment Permit and for that purpose he will vote against the amendment with that condition in it. VOTE ON AMENDMENT TO PZ98-8: GOECKE-YES BOOTH-YES WERNER-QUADE-NO BRYSON-NO AMENDMENT FAILS. Bryson asked if anyone would like to propose any other amendments. BOOTH MOVED THAT CONDITONAL USE PERMIT PZ96-8 BE CONDITIONAL ON MR. LOWS PROVIDING THE ADEC PERMITS FOR THE WELL AND SEPTIC FOR THIS PROPERTY SHOWING THAT BOTH WELL AND SEPTIC MEET THE ADEC CODE FOR HIS DESIRED USE. SECONDED BY WERNER-QUADE. VOTE: BOOTH-YES GOECKE-YES WERNER-QUADE-YES BRYSON-YES MOTION PASSED. AMENDMENT BECOMES A PART OF THE MAIN MOTION. Bryson asked if there were any other amendments they would like to address. Werner-Quade stated that Mr. Jahrig made comments about the Beaver Creek area and he used great adjectives but one she felt was important is the word "fragile" and that area is very fragile. Werner-Quade stated that as long as the City of Kenai continues to turn their head to this area and say it doesn't matter and grant these permits, we will see more and more abuse down there. There will be people coming after the fact to ask for permits, people writing letters saying they don't want to see tents and trailers and requesting fences. These are the kinds of things that are real restrictive and noted she is of the opinion that as a commissioner it is time to take responsibility for allowing these kinds of permits to continue in the area without overseeing the actual use of those areas. VOTE: WERNER-QUADE-NO GOECKE-NO BOOTH-NO BRYSON-YES MOTION FAILS. Bryson stated he has the correct paragraph regarding appeals. It is on Page 14-58 of the Kenai Zoning Code. Mr. Bryson read the information noting the appeal must be PLANNING & ZONING COMMISSION MINUTES PAGE 9 FEBRUARY 14, 1996 made within 30 days in writing to the city clerk and the appeal will be held by the city council acting as the board of adjustments. PZ96-9, Conditional Use Permit, Lot 8, Anglers Acres, Part 3-Mr. La Shot advised this permit would be for an existing two bedroom and one bedroom duplex on the lot that the applicant wishes to rent nightly and weekly during the summer and monthly during the winter. Very similar to the last situation. Public hearing opened. Will Jahrig stated he feels it is good that we have set a direction for what we want to see happen down there. Development can be done, it can be done right, and it can be done to coincide with what we have down there. Jahrig stated he thinks that the stipulations with water and sewage being permitted properly is very important. Jahrig stated this area holds into his stomach, stating he likes the area and not just because he has a business there. Jahrig stated he was raised there, he plays down there, his kids still play down there and they are going to play down there. Jahrig stated he will be there for a long time to come. Jahrig stated that if we can try to adhere to some of these it will be good. Bryan Lowe stated he has been down there eleven years and noted that he respects the land there. He stated he runs a very professional operation. Everybody who knows him knows that he keeps the place clean. Lowe stated that as far as Lot 8, he just purchased the place. Jahrig mentioned that somebody was running guide businesses out of the property and Lowe stated that is bull because it was never done. Lowe stated he purchased the property in April. Lowe stated that he thought there was a Conditional Land Use Permit and found out there wasn't so he went ahead and proceeded to get one. Lowe stated his sewer systems have all been done legally. As far as the flooding, the last 100 year flood we just had, the water never came over the bank and affected his properties at all. Lowe stated he thinks there is a pissing contest going on because both of these gentlemen wanted to buy that one piece of property, Lot 17. Lowe stated he is not in violation; there are a lot of people who are in violation there. One of them is Conditional Land Use Permits restricting to three boats per dock. Lowe stated on his permits he has stood by them. He does not run more than three boats on his dock. There are other problems with people's wells, artesian wells flowing onto his land, Mr. Nigel's land right next to him has been flowing onto his property for two years and he has not said a thing. Lowe stated he doesn't think this is fair. That he built a building there and one corner of it is six inches over. Lowe stated that both these guys wanted to buy the property from him and he didn't sell it and now they want to fight him for it. Lowe stated it is not fair. Ms. Werner-Quade asked Mr. Lowe if he had the proper DEC permits for Lot 8. Lowe said he does not that he just bought the property in April. Lowe stated that Lot 17 is DEC coded for three bedroom and the same goes for Lot 8, it is just a house. It is residential; although, he will be lodging people. Lowe stated there are other people on the street and stated at least he is trying to be up front and be legal. There are other PLANNING & ZONING COMMISSION MINUTES PAGE 10 FEBRUARY 14, 1996 people on the street lodging that the city knows nothing about. Lowe stated that if the city is going to put conditions on him that they need to put them on the whole street, ~ Will Jahrig, Nigel, everybody on the street. Werner-Quade stated she had had DEC fax her a paper with everybody on Angler Acres who does have the proper permits and that is why she asked. MR. GOECKE RECOMMEND APPROVAL PZ96-9 CONDITIONAL USE PERMIT FOR BRYAN LOWS. MOTION SECONDED BY MR. BOOTH. VOTE: GOECKE-YES BOOTH-YES WERNER-QUADE-YES BRYSON-YES MOTION PASSED. PZ96-10, Conditional Use Permit, Tract 4, Horseshoe End at River Bend S/D- Mr. La Shot stated that this Conditional Use Permit would be to convert an existing single family residential home into a six plex. The property is over two acres. There is another residence to the east, to the west is a city park, Cunningham Park. La Shot stated he has attached part of the code, the Land Use Table. This shows that more than four family dwellings are allowed in this zone by conditional use. There is a footnote that is also attached to the staff report. Mr. Bryson questioned for point of clarification that Footnote C has a subscript 3 and asked if the intent that the footnote on page 14-68 of the code, #3 A through I, requested to be applied to the permit. La Shot responded yes. Public hearing opened. Chris Garcia, owner of the property-stated that last fall he became extremely ill and was hospitalized and the end result of it is that he is no longer physically able to work. Stated he is looking for a way to make a living. Garcia stated he owns an extremely large house and decided that he might as well try to put the house to work for him and change it into a six Alex. Garcia stated he found out that he has to obtain a Conditional Use Permit to do it so that is what he has applied for. Bryson stated that the rural residential zone allows up to a four plex and Bryson clarified that Garcia would like to put a six plex in. Garcia stated it is his understanding that he could put up to a four plex without any type of permit but to put a six plex in requires a permit. Werner-Quade stated she would like to know about the sites septic and water and what provisions he has for a six plex. Garcia stated he would have to find out from DEC and added that there is no sense in spending money until he knows he is allowed to put in the six plex. Garcia stated he has called engineers to find out and has been told it is a matter of testing. Garcia stated he has an existing water and sewer and has never had PLANNING & ZONING COMMISSION MINUTES PAGE 11 FEBRUARY 14, 1996 a problem with it in the 20 years he has lived there. Werner-Quade stated she just wondered if he had done anything so far and if his intentions were to get a hold of DEC. ~ Garcia stated he can see absolutely no problem with his well, that it is a good artesian well. Garcia added that he doesn't know the requirements for the gallons of drainage for the septic system. But, they test it and if it doesn't pass, you change it. Werner- Quade asked if he would just like to do a rental of the six Alex and have people living there year round. Garcia responded yes. Garcia added that he will continue to live there. Tom Moore, lives across the street from Chris and Delora Garcia. Moore stated he had had coffee yesterday with the Garcias and talked. Moore stated he built his house two years ago and is right across from the Garcias. Moore stated he personally feels it will not do the neighborhood by having a six plex. Moore noted he had spent a considerable amount of money in building his first home and then to have a six Alex built across the street. The first thing he did was think that is six different people, two cars a piece, that is twelve cars, a lot of traffic. Moore stated he cannot support that and that when he built, the zoning was one way and changes would effect him. Moore stated he didn't think it was right. Moore advised he had called two Realtors and asked what they thought about the effect on the property values. Both of them advised Moore that it would decrease the value 10 to 20 percent; however, it is hard to tell. Somebody could come up and give you full price, but they said generally speaking that it would not be unrealistic to say it would drop the value of your house 10 to 20 percent. Moore stated he had also called an appraiser and asked what he thought. He had been told there is no scientific data but he said he could tell it wouldn't help. Moore stated he realized they can do a four plex and that he wouldn't like to see that either but they can do it and there is nothing he can do. Moore stated he thinks he has some say in a six plex and he would like Planning and Zoning to respect the money he has invested. Booth asked if their home was directly across from the Garcia home and that if he wants to look at the river he has to look at through their home. Moore stated he built with a river view and showed how much he sees on each side of the Garcia home. Pat Doyle-Stated that some of the Commission would remember that a couple years ago he was going to put an RV park across from the Garcia home and that everybody went against the park. Doyle stated that after hearing all the objections he could see their point if he was in their place he wouldn't have wanted an RV park across the road either. Doyle stated he subdivided the property and now he is selling lots along there. There are three homes there now. Doyle noted he thinks it will devalue the property if they have a six plex there. Doyle stated he would rather not see it go there as it will not help it. Doyle added he does not object to a person making a living. Curt Wilcox of Beaver Loop Road-Stated he feels that due to the close proximity to the Kenai River that he feels that the word fragile also applies to this area. Wilcox stated he is at the hearing because he is concerned with the density. Wilcox said he would like to see some development and noted that all development cannot be stopped. Wilcox stated in his opinion a six Alex is too much. PLANNING & ZONING COMMISSION MINUTES PAGE 12 FEBRUARY 14, 1996 Ray Barnes of Beaver Loop-Stated he had just built a house on Beaver Loop that is pretty close to the area. Barnes asked if he could ask a question about the six Alex. ,~ Barnes asked if he decided to rent the six plex on a weekly basis could Garcia do that during the summer as the same type of permit that was discussed earlier this evening? La Shot stated that would fall under a different circumstance, weekly or nightly is different than monthly, long-term rental. Barnes asked if he could be issued a Conditional Use Permit? La Shot responded that it wouldn't be similar to the issues on Anglers Drive without an amendment to the permit. La Shot stated that normal, monthly rental situations can be done without a Conditional Use Permit. Anything less, short-term nightly rentals, would require amending the Conditional Use Permit to include that and go through this process again. Barnes stated that Cunningham Park is adjacent to this area and it is highly used. Barnes noted that he knows they cannot change it as far as a four plex goes, but as a six plex it increases the river area as the amount of people who spend their time around there. Barnes added there would be a lot more traffic, plus Cunningham Park is right next to it. Noting there is a designated park area with a major six plex. Barnes reiterated that if it is already zoned for a four plex nothing can be done about that but as far as a six plex he objects to it. MR. GOECKE RECOMMENDED APPROVAL OF PZ96-10. MOTION SECONDED BY MR. BOOTH. Mr. Goecke, speaking to the Garcias, noted that your neighbors are against your idea. Goecke asked if the Garcias had thought of the feasibility of a four plex and making the units larger and charging more per month for rent. Goecke added that they have an ideal location. Garcia stated he is open to that and added that he had sat down and started doing figuring and realized he could get a six Alex out of the house so decided to see what would happen. Garcia said that not denying what these neighbors were saying but that he had spoken to other neighbors and none of them were opposed to it. Garcia stated he could understand their opposition figuring that their property values will go down but it is just one of those things. Garcia said he has a large house and it looked like he could do something with it and when he found out he needed a permit to do it, he did that. Garcia added that he doesn't think a six plex would cause a traffic problem on Beaver Loop nothing that there are three gravel pits that have dump trucks and belly dumps running down there 24 hours a day in the summer. Bryson offered a point of clarification on the prior motion stating that there were comments from the city engineer and building official which were not attached to the motion because they were not specifically addressed. Bryson stated the recommendations did not address those items in the prior motion. In this case, the recommendation is to approve subject to public input and footnote C conditions. Bryson asked if the intent of the maker of the motion to include those footnotes. Mr. Goecke advised, yes. So noted. Mr. Barnes asked what the footnotes entailed. Mr. Bryson noted that they are from page 14-68 of the code and they are additional requirements for the conditional use. Mr. Bryson read the notes and copies were supplied to the audience. PLANNING & ZONING COMMISSION MINUTES PAGE 13 FEBRUARY 14, 1996 VOTE: BOOTH-NO GOECKE-NO WERNER-QUADE-NO BRYSON-YES MOTION FAILED, THREE TO ONE. Mr. Bryson advised that appeals must be submitted in writing to the city clerk within 30 days of the decision and the appeal shall be heard by the Kenai City Council acting as a board of adjustment. Mr. Moore asked if the Garcias appeal if they would be given notice that there will be another meeting. Bryson responded that City Council would schedule a public hearing. Mr. Smalley stated it would be advertised in the paper and if you are within "X" number of feet of the property you would be notified. FIVE MINUTE BREAK. NEW BUSINESS: PZ96-11, Landscape Site Plan Review, Mapco Petroleum, Inc.-Mr. La Shot stated there were full-scale drawings available. La Shot stated there was general commercial property and before a building permit can be issued a landscape site plan must be reviewed. La Shot noted that administration has no problem with the parking, drainage, or landscaping. Everything appears to be adequate. Mr. Bryson stated that if the Commission wished to review the full-size plans they were available and noted that there were portions in the packet which had been reduced. Mr. Booth clarified that he was an employee of Tesoro but that he will be voting on the plan but he doesn't see any conflicts of interest. Bryson noted unless there are comments from the board he would concur. MR. GOECKE RECOMMENDED APPROVAL OF PZ96-11, LANDSCAPE SITE PLAN REVIEW, SPUR SUBDIVISION 1, FOR MAPCO. MOTION SECONDED BY MS. WERNER-QUADE. VOTE: WERNER-QUADE-YES GOECKE-YES BOOTH-YES BRYSON-YES MOTION PASSED. Proposed Residential Zone (Michael Christian)-Mr. Bryson noted the packet contained a submittal by Mike Christian and noted he was in the audience. Bryson PLANNING & ZONING COMMISSION MINUTES PAGE 14 FEBRUARY 14, 1996 stated if anyone had any questions concerning it, they could ask. Bryson asked Mr. Christian if he would like to speak to the Commission. Mr. Christian stated he thought ~~ he had written everything in the proposed letter. Christian noted that they see they could have a problem with developments especially around current subdivisions that have certain standards. If they are rural residential next to suburban residential, there is a possibility of poor quality housing, no paved streets, those kinds of things. Christian stated it would reduce the value of their property. Christian stated they noticed last year when they looked in depth that they could put duplexes in any of the subdivisions because there is no code that says single family only. Christian stated they would like to apply this new code, what they have called Prime Residential Zone, for single family dwellings, larger size lots, make sure that the sewage systems are connected to city sewer and water, leaving some trees. Christian stated they have a problem with certain developers that will clear cut and then promise to re-landscape and not do a good job. Christian stated they are hoping to leave mature trees on the property so that the other properties will retain their property value as well. Christian noted those are the main items that are different from the existing code. Mr. Bryson stated he would request that the item be placed on the agenda at the next meeting when the Chairman returns and there is a full staff available. Bryson stated that several stages have to occur in creating the definition of a zone, requirements of the zone, and separate from that is the application of those conditions to areas of the town. And, then council must enact the ordinance. Bryson stated it is a long, time consuming operation. Christian stated he realized that. Bryson asked if Mr. Walker ~ , would be back for the next meeting and stated he would like the item placed back on the agenda. Mr. Smalley asked if it would be suggested that if 51 percent of the land owners sign a petition to attach to this. Smalley noted that he knows in zoning changes in the past, such as Rogers area, the city was approached with 51 percent of the land owners. Bryson stated that the way this was presented there was no petition attached to it, there are a number of ways of approaching it. It will be up to the council to accept the method that they prefer. Bryson stated his preference would be as far as commission acting would be on the basis of a petition. Bryson stated if they were ordered to do something by council, they would do it. Smalley stated that is what has prevented them from doing something on "this piece" noting they lacked that 51 percent. Bryson stated it is quite a large are that they are talking about, around 1000 acres and virtually most of the lots don't conform to those requirements. Christian stated that they realize that those that are already subdivisions could not be subjected to the size lots, but as far as leaving mature trees, sewer and water, and those types of things Christian stated he felt most people who live in those areas would prefer to see these. Bryson noted that is the sales pitch Christian would be up against at the council level. Ms. Werner-Quade thanked Mr. Christian for his time and efforts and the efforts of his neighbors that went into drafting this proposal. Werner-Quade stated that when she ~ received the letter she felt grateful that someone in the community had made an effort to put their needs into writing and if these are the needs of surrounding and adjacent communities, then she thinks this is a good, organized effort. PLANNING & ZONING COMMISSION MINUTES PAGE 15 FEBRUARY 14, 1996 OLD BUSINESS: Comprehensive Plan-Kebschull advised that what the Commission had been given in the white folders are the product which were created retrieving the pieces from the old comprehensive plan. Kebschull noted it had been done by a student at Kenai Central and stated she appreciated the help received from the vocational program at KCHS. Kebschull stated that Mr. La Shot had advised the process would be that the Commission would review the document, a resolution will be on the agenda for the next meeting. If a resolution is passed, it will be sent to council. CODE ENFORCEMENT ITEMS: Mr. La Shot reported that staff is working on one item and information may be available at the next meeting. REPORTS: City Council-Mr. Smalley apologized for missing the last two meetings as he was out of town. Smalley reported at the last council meeting there were four scheduled public comments. Those were: Michelle Brown from the Nature Conservancy of Alaska presented information and left brochures. Mary Nelson and Lori Landstrom discussed the Kenai River Festival which in the past was at the Leif Hansen Park. Smalley stated they were dealing with policy changes at Leif Hansen regarding large groups being encouraged to use the Ball Park area. As it turned out, none of the suggested policies were adopted. The festival is scheduled for the Leif Hansen Park the second weekend in June. Duane Bannock, Mrs. Steffey, and Kathy Scott reported to council on the Challenger Learning Center and council appropriated $1,000 to file the application process. This is still being prepared and the city has not been selected as the "designated site." Smalley noted there are still several stages to go through. They also presented at the cities of Kenai and Soldotna chambers. John from the Kenai Peninsula Chapter of Global Relief spoke about Arbor Day and that will be held at the lot by the Senior Center around May 20th. Assemblyman Navarre and Assemblywoman Glick were supposed to speak about the proposed concern of the Kenai River but they did not come to the meeting. There were twelve public hearing. Vice-mayor Measles ran the meeting and it went real well. They were straight forward. One that was defeated was Resolution C-5, that was awarding a fuel service contract to Kenai Airport Fuel Service. Smalley noted that the city shop has had difficulty with the gas and diesel pumps not functioning property and requiring massive amounts of repair. So, they have been purchasing it through a pump at a set fee. The resolution would have been to purchase gasoline through December 31, 1996. Bids were accepted and they ~ were the low bidder. Smalley stated that some council members felt that the city __ should be self-contained and figures were not available at the time as to how much it would cost to repair the pumps. Smalley reported that in the last four years the city PLANNING & ZONING COMMISSION MINUTES PAGE 16 FEBRUARY 14, 1996 has spent close to $25,000 on the present system and it requires additional work at this time costing close to $12,000. At this time the city is on a day-by-day basis purchasing j gas. La Shot added that the diesel dispensers are operating and they are doing some electric work on the gasoline pumps. Smalley stated it will probably be brought back up at the next meeting as the resolution has attached to it the contract for the docks. Under old business, reasonable suspicion of drug and alcohol testing policy was discussed and it was okayed. Smalley stated the city was required by law by January to have in effect a policy dealing with drivers who have CDLs. The city went further and drafted a policy that covers city employees operating city vehicles. Smalley stated police and fireman are exempted under federal guidelines. Smalley stated that the policy stated that occasionally you might have a law enforcement officer in possession of a controlled substance because he or she may be transporting from a scene such materials. Possession would have to be looked at. Consumption is a different story. (Discussion on the drug and alcohol policy.) Smalley read the policy to the Commission. Council also approved two lease requests. Borough Planning-Mr. Bryson reported there was a meeting last Monday night. Primary items of comment and input were: Unfinished business included the draft proposed Cook Inlet NPDES permit for oil and gas exploration in the lower Cook Inlet which was approved. The finding at the borough level is the proposed activity is in conformance with the Coastal Zone Management Plan. Vacations: Vacated a portion of Karen Lane for replatting purposes in the Sterling area; vacated a portion of Moose Turd Avenue on Kalifornsky Beach Road. Bryson stated this is in close proximity to where the highway washed out several years ago with summer time runoff. There is a deep gully there and a small tract of land that was held in adjacent tract. The right of way that was both an easement and dedicated over the top of it was petitioned to be vacated. That was approved. The adjacent tract is proposing to dedicate an access down the gully itself for pedestrian purposes for beach access. That vacation approval is subject to state approval. The right of way the borough can vacate, the easement underneath the state has veto power for. Eighteen plats were reviewed. From the city of Kenai, Misty Havens preliminary plat, Richka Park, Norville Replat, Sprucewood Glen No. 7, and Habitat Acres Addition 1 were reviewed. Bryson questioned if Habitat Acres had come before Planning and Zoning and La Shot stated it had come in the form of a cul-de-sac development but the only portion was one lot on the corner that could be served without full development. La Shot stated he thinks this is the finalization of that. Administration-La Shot reported the Commission had been given copies of the latest Kenai River Habitat Protection Ordinance being proposed by the borough which had been passed out a meeting last night. La Shot stated they should note the dates for the public hearings. If anyone has any input, that would be the time to do it. La Shot stated the city still has concerns regarding prior existing uses and the procedure for variances as it would pertain to the lower river and the industry and canneries in the PLANNING & ZONING COMMISSION MINUTES PAGE 17 FEBRUARY 14, 1996 area and how easily they could expand or keep up with businesses with the ordinance in place. At the meeting DNR Commissioner John Snibley (sp?) gave a presentation, Department of Parks and Rec Director Jim Stratton also spoke, Lisa Parker and Don Gilman of the borough also spoke, and a couple of other individuals from the state. One item discussed was the Kenai River Center which is co-sponsored by State Parks, State Fish & Game, and the borough and will be opening soon. The center will help provide education to the public on matters of habitat restoration, acquisition of permits along the river. It was hoped to be a one stop shopping center for permits which should help to coordinate the situation. Mr. Smalley stated the other concerns the council had in reference to the habitat ordinance was that the assembly discussed that from the Warren Ames Bridge west being excluded. The problem that the city had with that is that there would be two different sets of property owners affected by different sets of regulations that were on the river. And, the council had difficulty with having two standards. Mr. Bryson stated that what is proposed by the borough now that the city can opt out of enforcing it. The way it is written, it would apply whether it is inside or outside the city and it has a potential of developing into a confrontation. Smalley stated then the borough would have to come in. Bryson stated yes the borough would have to enforce it rather than the city if the city declined. ADJOURNMENT: Meeting adjourned at approximately 9 p.m. Resp tfully submitted: ,~ Marilyn Kebschull Administrative Assistant PLANNING & ZONING COMMISSION MINUTES PAGE 18 FEBRUARY 14, 1996