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HomeMy WebLinkAbout1996-04-10 P&Z Minutes CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo April 10, 1996, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: March 27, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC BEARINGS: a. PZ96-23-Conditional Use Permit-Marathon Oil Company- Tract A, Kenai Spit Subdivision, No. 2, Kenai b. PZ96-24-Conditional Use Permit-John R. Lowe-Lot 9, Anglers Acres Subdivision, Part 3, Kenai c. Proposed Halfway House Ordinance 7. NEW BUSINESS: a. PZ96-25-Landscape/Site Plan Review-McAloon & Albertson-Lot 4A, Alyeska Subdivision, Merit Addition (Kenai Merit Inn) b. Sign code in Townsite Historic District 8. OLD BUSINESS: a. Proposed Residential Zone (Michael Christian) b. Enhanced 9-1-1 Mapping and Addressing Project 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission Agenda Page 2 April 10, 1996 12. INFORMATION ITEMS: a. Resolution 96-28, Classification of KPB land within the City of Kenai b. Kenai River Special Management Area Advisory Board Minutes (3/7/96) c. Schmidt Petition to Amend City Zoning Boundaries d. Matsu Borough Ordinances Information 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION April 10, 1996 Minutes Meeting called to order at approximately 7:25 p.m. 1. ROLL CALL: Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, John Booth, Kevin Walker Others Present: City Engineer Jack La Shot, Administrative Assistant Marilyn Kebschull 2. APPROVAL OF AGENDA: RON GOECKE RECOMMENDED APPROVAL OF THE AGENDA AS SUBMITTED WITH THE ADDITIONAL LETTER THAT WAS HANDED OUT INCLUDED AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY CARL GLICK. NO ONE OPPOSED UNANIMOUS CONSENT. AGENDA APPROVED. 3. APPROVAL OF MINUTES: March 27, 1996 RON GOECKE RECOMMENDED APPROVAL OF THE MINUTES OF MEETING OF MARCH 27, 1996 AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY CARL GLICK. Chairman Walker asked for amendments or corrections. None noted. NO ONE OPPOSED UNANIMOUS CONSENT. MINUTES APPROVED. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ96-23-Conditional Use Permit-Marathon Oil Company- Tract A, Kenai Spit Subdivision, No. 2, Kenai CARL GLICK MOVED FOR APPROVAL OF PZ96-23, CONDITIONAL U5E _ PERMIT FOR MARATHON OIL COMPANY. MOTION SECONDED BY KAREN MAHURIN. Chairman Walker asked for additional staff comments. La Shot reported nothing additional. Public Hearing Michael Christian, 613 Maple Drive, Kenai-Asked if someone could explain where the subdivision is. Walker asked Mr. Penn of Marathon Oil to show it on the map. Mr. Penn showed Tract A on the map and pointed out Cannery Road off K-Beach Road. Mr. Christian asked if that was where the well would be. Mr. Penn advised yes. Mr. Penn advised that there was one well drilled from this location. There are two heater- treater buildings, and an office building there. Mr. Penn, Marathon Oil Representative- Penn advised this permit is the first step in a long permitting process. Penn advised he is the person to call if there are any questions. Bryson asked if there is any discharge proposed onsite? Penn stated of muds and cuttings no. There will be air emissions but the muds, cuttings, and water will be taken to the Kenai Gas Field which is just to the south. There is an approved disposal well at that site, actually two. One for water and one for muds, cuttings, and drilling fluids. Any waste water from domestic use will be taken away by Town and Country Pumping. Bryson asked if the cuttings and mud will be contained in a water proof container. Penn explained that there will be steel tanks for transport to the Kenai Gas Field. Walker asked Mr. Penn to explain the difference in today's mud systems versus the old open pit systems. Penn stated basically it is a closed system that reuses and circulates the mud system. It cleans out any of the debris or additives that might have been put in. It is essentially a closed system reusing the drilling mud itself goes down the hole and is circulated. It helps to lubricate the hole for drilling and moving the rock and fragments up. It also helps as far as a pressure protectant when you are drilling the hole so if you have high pressure gas or oil it doesn't blow out. They used to use mud pits. Penn commented that he felt a lot of the legacy and problems on the Kenai had to do with mud pits and mud was just discharged into a mud pit when it was used and in most cases covered over and left. Penn stated it rarely happens now but can happen with DEC approval to allow to discharge muds and leave them in a mud pit. It would take a special kind of mud and a DEC permit. Bryson asked if the drilling area was inside an existing fenced area. Penn responded _ yes. Planning & Zoning Commission Page 2 Minutes April 10, 1996 Booth asked is there was a potential for odor problems as .result of the air emissions. Booth asked Penn to explain what kind of emission he was talking about. Penn stated in this case it will be engine exhaust from the engines that power the drilling rig, diesel engines primarily. Penn stated that since this is a development well in a known field he doesn't anticipate any flaring to determine the productive limits or the economic limits of it. It can be hooked right up to the existing pipeline. Thus, there should be a need to flare gas. Penn stated the emissions would primarily be from burning of fuels for power. Booth stated he had flew over the area and looked at the road, etc. Booth asked if moving the rig in would cause traffic problems with the canneries? Penn stated they don't anticipate it will for a number of reasons. One, the timing which they plan to start after September and before New Years to miss the summer activity. Second, they can time the transportation so it creates as little a traffic problem as possible. Penn commented that they moved a rig further south near Clam Gulch and did it in such a fashion, one or two loads a day, there wasn't any appreciable traffic problem. Booth asked if this rig was required to have an Air Quality Permit from the ADEC. Penn answered yes. Penn added they have submitted their applications to the Division of Government Coordination who will oversee the coastal zone consistency determination. The DEC will look at air quality. The Division of Water will look at a temporary water use permit. There is a well there but they will appropriate water to use. Glick stated that on the map it shows a sump pit and questioned if it was old and wouldn't be used this time? Penn stated yes it was there from the first well that was drilled, the Cannery Loop No. 1 in possibly 1972. Penn stated it was drilled and never completed. Glick said it shows where you will drill No. 5 but on each side it shows 50 foot spacings for wells. Glick asked if they were there? Penn stated they are future wells. The map shows that if the field is big enough and they can drill enough wells, there is enough room to drill on 50 foot spacings. Penn stated he believes the well head that is there now is just to the left of the where the map says CLU No. 5 and has the square with a circle in the center. Werner-Quade commented that the company letterhead says they are environmentally aware and was curious if the company is a member of Green Star. Penn answered yes they are in Anchorage but unsure about Kenai. Walker asked if there were any plans to remove the sump pit that is on the site. Penn stated the environmental department is investigating the evolving regulations for mud _ pit closure in the state now. Penn stated they became operator in January 1, 1995 and Planning & Zoning Commission Page 3 Minutes April 10, 1996 they are taking over where UNOCAL left off as far as the investigation or any environmental work that was done. Penn stated he knew they were investigating how to close the pit, what to do with it, and where to take it. Penn stated he didn't know about the timing. Booth asked how long the rig would be onsite. Penn stated it will probably take 4-6 weeks to drill, another week or so to do logs, and then completion of the intervals. It could take two months and if problems a little longer. Penn stated it is a directional well and there tends to be problems drilling and getting stuck. Two to three months at the longest. Public Hearing Closed. Bryson asked La Shot on the prior approval for the sump pit if there were any requirements concerning it's removal. La Shot stated he didn't remember and would have to check into it. VOTE: GLICK YES BRYSON YES WERNER-QUADE YES GOECKE YES BOOTH YES MAHURIN YES WALKER YES APPROVED. b. PZ96-24-Conditional Use Permit-John R. Lowe-Lot 9, Anglers Acres Subdivision, Part 3, Kenai BRYSON MOVED TO APPROVED PZ96-24. MOTION SECONDED BY MAHURIN. La Shot stated no additional staff comments Public Hearing Opened: None. Public Hearing Closed. Goecke asked if this was an after-the-fact Conditional Use Permit? La Shot stated he had no way to tell that but he thinks it could be. Planning & Zoning Commission Page 4 Minutes April 10, 1996 Glick stated he would like to amend to say that no more than two boats at a time are allowed to be docked there. Glick stated that he thought they had done that in the past at Beaver Creek and limited the number of guide boats that are allowed to dock at any one time. La Shot stated there had been some limitations. La Shot stated that it is his understanding that Mr. Lowe lives there and has guided in the past. La Shot stated he doesn't know if his boats were tied up to his property or not. La Shot noted that next door Lowe's son has an operation. La Shot stated that Lowe had specifically been asked if he was. going to rent any room in his house and he said he didn't want to do that and didn't want that to be a part of the permit. Evidently, it is just for the guiding and tying up the boats. Walker noted the Commission was waiting for a second on the amendment. No second on the amendment. Goecke stated he is reasonably certain that this is an after-the-fact type thing and there is more than three boats or at least three boats tied there. So, the two would have created a bit of a problem for Mr. Lowe. Glick stated he did recall that they had limited the number and asked if it was two or three that were allowed. La Shot stated he couldn't say but could research it. Bryson stated he does not recall as to a boat limitation on previous action; however, does feel if they are going to restrict it, Mr. Lowe should be given a chance to comment on that prior to formalization. Bryson asked if Mr. Lowe indicated a schedule that required approval at this meeting. La Shot stated it could be clarified and brought. back or continued if the Commission so desired. La Shot noted that the guiding season won't start until next month. Bryson asked if he felt this was. just going to go through as is. Bryson stated he was wondering why he wasn't here given his prior record. La Shot stated he is not sure why he didn't come. Goecke stated the amendment died for lack of a second so the boat limitation is a moot point. Walker noted there was still discussion. Werner-Quade asked for clarification as to who the two Conditional Use Permits on Lot 17 and Lot 8 were granted to? La Shot stated it this was the father. Werner-Quade commented so they live next door to each other and can have up to 15 boats tied up at any one time. La Shot stated he couldn't say. Werner-Quade stated that maybe imposing a boat limitation wouldn't be a bad idea but need to check with the father first to see how many boats his father is planning to tie up. La Shot stated he didn't feel the commission had ever come up with a number that they have considered to be appropriate for any one lot. There has been times that a boat limitation has been _ placed in the permit and it went right on through. And, La Shot stated he is sure that P{arming & Zoning Commission Page 5 Minutes April 10, 1996 it has come up in discussion of a couple permits. La Shot stated he could investigate and ask Mr. Lowe. GLICK MOVED TO TABLE TO THE NEXT MEETING. SECONDED BY MAHURIN. Walker clarified if Glick wished to table the item or continue it to the next meeting. Bryson noted this is a public hearing item and would support a continuation or a postponement. Walker noted that the maker of the motion would change the motion to a postponement to the next meeting. VOTE: BRYSON YES WERNER-QUADE YES GOECKE YES BOOTH YES MAHURIN YES GLICK YES WALKER NO POSTPONEMENT APPROVED. c. Proposed Halfway House Ordinance MAHURIN MOVED THAT IN ADDITION TO CITY ORDINANCE 14.20.325 HALFWAY HOUSES AS SUBMITTED; HOWEVER TO INCLUDE ITEM D, "A HALFWAY HOUSE MAY NOT BE LOCATED WITHIN ONE MILE OF A PRE- EXISTING PUBLIC Oft LICENSED PRIVATE SCHOOL, APRE-EXISTING LICENSED OR ADULT DAY CARE FACILITY, OR 1000 FEET FROM AN ALCOHOL BEVERAGE DISPENSING OR PACKAGE STORE." MOTION SECONDED BY BRYSON FOR PURPOSES OF DISCUSSION. Walker asked for additional staff comment. La Shot stated nothing additional noting this was put together by the attorney by request. Public Hearing Opened: Barbara Nord-Stated she just had a question and wanted to look at the zoning map and see where there were light industrial, heavy industrial, and general commercial, and central commercial zones. Walker advised to proceed. Nord commented that after reviewing the zoning map that because this would be under a Conditional Use Permit to have a halfway house she would like to know what the Commission would be using for requirements for conditional. Nord stated she can see that in some of the general commercial area is close to dense residential areas. Nord, pointing to the map, stated this area on Beaver Loop, this area in Valhalla Heights, and Planning & Zoning Commission Page 6 Minutes April 10, 1996 the area here (not sure where she pointed). Nord asked again what kind of conditions the Commission would place on a Conditional Use Permit. Walker stated he would answer as best he could. Each Commission that addresses it will have certain conditions that are the concerns that are addressed by the neighborhoods and the concerns that each individual at the Commission would have as well as whatever legal concerns may be addressed as in following codes and supporting or not supporting certain things. Walker stated from a personal standpoint the only place he would support approval of a Conditional Use Permit for a halfway house in the City of Kenai is adjacent to Wildwood. Walker stated that is how he feels at this point in time unless something was to change his mind. Nord asked if that was Walker as the. Chairman. Walker stated that is his personal opinion and there are seven members of the board and many people of the public and if substantial evidence was brought in to convince neighborhoods to accept it, he would accept it. Walker added he has yet to see one neighborhood in this town that wanted a halfway house in their back yard. Nord stated that is true and she agrees that is the consensus of this community, that they don't want it in their back yard. It doesn't matter where you are and it doesn't have to be just in this town. It can be any place on this peninsula. Nord stated she hasn't seen very many people who do care to have this in their own back yard. Nord stated she believes there is a need for a halfway house and that there needs to be a place to put it. Supporting near Wildwood .may be a good idea with the exception of Chuda House being there and there are elderly people in that area. Usually by the time people get to a halfway house, they have done their time and they need some place to be able to get to a point where they can get from where they were to where they should be back in society. Nord reiterated that she agrees with the proposed ordinance. Bryson asked if Chuda House is on Wildwood or in the city. Nord stated it is right behind Wildwood Prison and the only thing that separates the house and prison is a fence. Nord stated the only way you used to get to Chuda House was through Wildwood Drive. Bryson stated it is on Wildwood property as opposed to being in the city. Nord stated it is not actually on Wildwood property and showed where it was on the map. La Shot stated the new road, Morgan Road, comes in just north of Chuda House. Public Hearing Closed. Mahurin stated that as the maker of the motion and with the amendment she is supporting it for many reasons. Mahurin stated she has been an active opponent to halfway houses in residential neighborhoods before this Commission before becoming a member of the board. However, Mahurin noted she believes in the concept of halfway houses, believes with the comments of the speaker that they are designed for the residents of Kenai. Mahurin stated she appreciated Mr. Singree when his testimony came before the board as to why he withdrew his application. As a commission _ member, Mahurin stated she wished she could have put an ad in the paper saying Planning & Zoning Commission Page 7 Minutes April 10, 1996 please support his business because she felt he had the interest of the City of Kenai before his monetary advantages. Mahurin stated she believes there needs to be some sort of permissive language in an ordinance to let the city do that. But, by saying that it is a Conditional Use Permit, that means that it has to be approved. It is not permitted until approved so they always have that right and the public hearing. The Borough is in the process of establishing an ordinance. Mahurin stated she had looked at the language and the Matsu ordinance. Mahurin noted that the amendment that she added onto it, part D, did come from Mr. Gensel who has also supported the concept. Mahurin stated she thinks they would be giving a potential permit in an acceptable area and are covering by adding in where it may not go, pre-existing children and adult day cares and liquor store, bars, and places like that. Mahurin stated she thinks they have to allow for that type of facility but keep control. Mahurin stated she sees this ordinance as a way of doing that. Werner-Quade noted the amendment that Mahurin made can be found on page 5 of 12 in the back of the packet tonight in the Matsu ordinance. Werner-Quade commented she thought it was an excellent thing to add into this ordinance and actually is surprised that a lot more wasn't picked up and added in. Werner-Quade commented that what was submitted to the Commission from the city attorney is a half page in comparison with Matsu's ordinance of 12 pages. Maybe some things are being overlooked; however, the amendment certainly covers where it cannot be. Werner- Quade added she thought that was really important. Mahurin stated she was the one who had made the motion and requested that a public hearing be held before taking a position and with all the controversy going on she is amazed that the room isn't full like in the past. Obviously, the language that is being proposed is acceptable to the public or they are trusting the board and that scares me. Mahurin reiterated she is surprised that there are not more comments. Bryson stated that his personal opinion runs counter to how he intends to vote, the people in the city have largely indicated that they didn't want a halfway house in close proximity to either school facilities or where they were. And, for that reason will be voting against the ordinance itself. In trying to conform the map from across the table to a one mile radius from any schools and a 1000 feet from places where alcohol are sold, Bryson stated he didn't see many areas that would be usable. Certainly, nothing from the north of town through the central area. That leaves the area out in the bog which is more than a mile from Swires and East Kenai. Bryson restated his intent to vote against the ordinance. Werner-Quade stated she would like to see more in the ordinance drawing attention to page 11 and 12, No. 1 to have added in the ordinance at the onset. Werner-Quade read, "a pattern of crimes committed by residents of a permitted facility which are determined by the Planning Commission to create an unreasonable degree of risk to public safety may be grounds for revocation of a permit." Werner-Quade stated she Planning & Zoning Commission Page 8 Minutes April 10, 1996 brought this information in because of some of the public testimony that had been heard. One from a person who worked at Wildwood and said she had been around for a long time and they tell you one thing and then 6 to 10 months later down the road, something shifts and people are being lodged at Wildwood Correctional Facility that would have never been lodged there in the beginning. Continuing, stated she has the same concerns that some of the general public had about that these will only be DWI offenders. Then, over a period of time things seem to shift according to the needs of the correctional facility and not necessarily the needs of the surrounding community. Glick asked for a clarification on the amendment as to whether it was one mile or a half a mile. Mahurin stated one mile. Glick asked if it was 1000 feet or 750. Mahurin stated 1000 feet. Glick commented that based on that there isn't much area in the city that could be built so probably your concerns are mute. Booth stated addressing the comment regarding DWI's only that he recalled in the presentation by Department of Corrections that one of the questions answered stated it would not strictly be DWI's but the whole spectrum of people. Booth added that that was part of the reason the owner of the Merit Inn withdrew his application was because he could not be assured that all of the people would be DWI's or something of that nature. On a second note, Booth stated that he agrees with Mr. Bryson that a one mile radius restricts the areas that a halfway house could be placed. Booth stated that he didn't know if you put it out by Wildwood that it wouldn't violate the one mile restriction. Walker clarified that Wildwood was not in the city limits. Booth stated the question is, is it a mile? Walker stated the city would not have jurisdiction over that. Bryson commented that Borough requirements would govern in that area. Booth stated he was trying to address the comment that "out by Wildwood" is where you would support putting it. Walker stated outside of the city. Walker called for vote on the amendment to the halfway house ordinance. Mahurin clarified that her motion was for the entire ordinance. Walker stated there was not an a through d. Mahurin stated she made her motion to include a "d," which she specified. Discussion of whether or not this was the correct procedure. Decision made to continue with motion as made. VOTE: WERNER-QUADE YES BOOTH NO GLICK NO WALKER NO GOECKE MAHURIN BRYSON NO YES NO MOTION FAILS. Planning & Zoning Commission Minutes Page 9 April 10, 1996 MAHURIN MOVED THAT ADDITION TO THE CITY CODE 14.20.325 AS SUBMITTED BY THE CITY COUNCIL A, B, AND C. MOTION SECONDED BY BRYSON. Walker asked for additional staff comment. La Shot stated none. Public Hearing: None. Public Hearing Closed. Mahurin stated her intent is to vote no. Mahurin asked that the minutes carefully reflect that there was an attempt made to provide for a halfway house that protected citizens and existing facilities. Mahurin stated that since it is going to go on there, she would like her vote to reflect no since she does not feel this is offering that protection. VOTE: GOECKE YES MAHURIN NO BRYSON NO WALKER NO BOOTH CLICK WERNER-QUADE NO YES YES MOTION FAILED. 7. NEW BUSINESS: a. PZ96-25-Landscape/Site Plan Review-McAloon & Albertson-Lot 4A, Alyeska Subdivision, Merit Addition (Kenai Merit Inn) MAHURIN MOVED FOR APPROVAL OF PZ96-25. MOTION SECONDED BY BRYSON. Walker asked for additional staff comment. La Shot stated nothing additional. Walker asked if anyone in the public wished to speak to the item. None noted. Walker brought back to the commission. Bryson asked administration if the applicant was aware that there is no water and sewer on that side of the lot and questioned if they proposed to run a dry operation. La Shot stated that had never really came up and he didn't know if it would be a completely self-contained operation. La Shot stated they would make sure they were aware of that. Kebschull advised that the applicants had discussed the issue with the Building Official. Planning & Zoning Commission Page 10 Minutes April 10, 1996 Mahurin stated she was a little uncomfortable with this type of a business as it reminds her of the Burger Bus and a few other places. This is also on skids, coming in, setting up on a parking lot. Mahurin stated she has visions of the intersection in Soldotna where the Sizzler used to be with all the temporary businesses. Mahurin stated her inclination is to vote no but would like to her other Commission members on this. Mahurin stated that she also feels if there is one portable espresso business, there is a dozen. Walker responded there is one. Bryson stated there is one less in Old Town. Walker commented that there are espresso booths all over Anchorage and all over in the states. Mahurin stated she lives in Kenai and Walker responded that is true but Kenai has to grow. Booth stated he was curious as to what self-contained for the most part means. La Shot stated his comment was whether there would actually have to be hook ups to the utilities. But, he feels that has been discussed with the building official so staff will make sure they are either self-contained or have proper hook up. La Shot stated he would like to make one more comment. The use is appropriate for this zone and there was some question as to whether this review even needed to take place because of the limitation of $10,000. This is a small structure. Administration decided to bring it to Commission even if close to that figure because we didn't want it to seem like anyone was doing anything without fulfilling the process. La Shot added he is not sure what - would happen if the Landscaping/Site Plan Review. Goecke stated he was in fact surprised that this was in the packet being it is in a commercial zone, and a permitted use. Goecke stated he felt it did not need to be in the packet. Goecke added that he has no problem with it. Booth asked La Shot where the business would be located and questioned if it would be near the property line and obstruct the view as people were driving up and down Willow. La Shot stated as facing the Merit Inn just to the right in line with the structure on the right and then there is Alyeska next door. Bryson added where the paper dumpster is now. La Shot stated they have indicated it will be at least 20 feet back from the front property edge and that isn't Willow Street. Willow Street may be another 20 to 40 feet further. Booth noted he had been concerned it might be too far out and obstruct the vision of people turning in and out of Alyeska. Mahurin stated she didn't mean to be difficult but noted she had been in negotiations all day but to call it a Landscaping/Site Plan and note all aspects as not applicable, she finds it a little difficult. It is an asphalt parking lot. Planning & Zoning Commission Page 1 1 Minutes April 10, 1996 VOTE: BOOTH YES MAHURIN NO GLICK YES BRYSON YES WERNER-QUADE YES GOECKE YES WALKER YES MOTION PASSED. b. Sign code in Townsite Historic District Bryson asked administration what they are proposing other than it has problems. Walker asked La Shot if he would comment. La Shot stated the Commission has the attorney's comments and the general feeling is it is not definitive enough. The city would not want to get in a situation of having a group judgment of a sign that would be placed in this zone without having definite guidelines in the code. La Shot stated no where does it mention true size. Instead, it talks about what can be on the sign, if a business, the principal use within a building. La Shot stated he assumes if it was a restaurant you could only say restaurant/cafe. Nothing about what is being sold within the business. Bryson asked if the administration would be bringing back something they felt would be defendable. La Shot stated if asked to do so, he would. La Shot asked for Kebschull to comment as she had been at the meeting. Kebschull commented that as was mentioned at the last meeting it was the TSH Boards' concern with the cabins going in that they wanted to expedite a code. They felt that if they put together anything and sent it through, it would start the process. At that meeting they were told that it was felt it was too subjective. Kebschull added that she felt they were hoping to get feedback and their intent was at that meeting was to get feedback from the P&Z Commission. They meet the night before the next P&Z meeting and they were hoping to come up with another ordinance and present it to you at that next meeting. Kebschull noted she didn't know if they could do that within those time lines as it wouldn't fit with being on the agenda as it couldn't be advertised and we wouldn't have copies for people to access. Kebschull reiterated that was the TSH Board's intent. Bryson asked if it would be appropriate to make a motion recommending that administration bring back a sample ordinance. Walker stated he felt it would be appropriate. BRYSON SO MOVED. MOTION SECONDED BY GLICK. Planning & Zoning Commission Page 12 Minutes April 10, 1996 Walker asked if staff would like to comment. La Shot stated they would try to put together a document. Walker asked if anyone in the public would like to address this topic. Glick stated he would ask staff to work with the TSH Board with they develop the code as it is developed. La Shot asked when there next meeting was. Kebschull responded 4/23/96. Walker stated he would like to add that caution should be used in stating in the ordinance that the sign should be reviewed for historic correctness, scale and character in keeping with the historic district. Walker commented he has trouble figuring out a sign that would have historic correctness to sell hamburgers or any number of things that could go on in that zone. Historic correctness on a sign may be difficult and very open to interpretation. Bryson commented in 1910 that may be the width of the building. Mahurin asked Glick if the motion is saying that we are asking the administration to work with the TSH Board to revamp an ordinance and bring something more palatable. Glick stated he had seconded Bryson's motion but he didn't add to the motion legally. Instead, he had just asked La Shot to do that. Bryson stated his intent is that the administration use whatever resources are appropriate and definitely feel the TSH Board is one of those basic resources. MAHURIN AMENDED MOTION TO HAVE IT SPECIFICALLY SPELLED OUT THAT THE ADMINISTRATION WILL WORK WITH THE TSH BOARD AS EXPEDITIOUSLY AS POSSIBLE. MAHURIN NOTED THAT SHE UNDERSTANDS WHAT. THE TSH BOARD IS TRYING TO DO BUT WANTS TO MAKE SURE THAT THEY ARE INCLUDED IN THIS PROCESS. BRYSON SECONDED THE MOTION. Walker asked for staff comment on this amendment. La Shot stated no. Walker asked for public comment; none noted. Walker commented he will not support this amendment stating he believes staff would do this expeditiously anyway and feels the Commission should follow the normal chain of events. Walker stated he is not particularly interested in expediting a sign ordinance in TSH zone versus anywhere else in town. The sign ordinance city-wide needs addressing. Walker stated he felt everyone was aware of that and to address it first in TSH zone or to give that priority and to not put the remainder of the sign ordinance on the docket he thinks is unfair. Planning & Zoning Commission Page 13 Minutes April 10, 1996 Werner-Quade stated she will support the amendment noting she feels TSH Board works really hard to get the few things done that they are able to do due to the fact that it is very hard for them to even have a quorum on many nights. Werner-Quade stated she is aware of a lot of the trouble of the TSH Board has had and can see the need for this type of an ordinance and can see the need for it to be done expeditiously and will support the amendment. Mahurin stated the sign ordinance was discussed at last meeting because there was one on the agenda; however, TSH zone is a very minute part of town as the P&Z Commission rezoned it. It is a unique part of the town's history and culture. It does require, in her opinion, a different type of sign, not just on buildings but on several other types of historical signs, street signs, etc. Mahurin stated when she was on the TSH Board some of the plans that we hoped would come to fruition for the area. Mahurin stated she also thought that they have never been faced before with a major commercial undertaking like is going in there. Though, being in favor of that and it was approved by this board, it is raising some questions that haven't had time to be considered. Thus, stated she understands the need to try to bring something along. Mahurin stated she agrees with the Board that what came before them tonight had a lot of problems so is hoping that the amendment to work with the TSH Board will bring this about. Booth asked if there was an estimate of the timeline for this requirement or an urgency of this or if the TSH Board is working against the wall on something. Walker stated that if the TSH Board works on it at their next meeting. Then that would mean the P&Z would work on it at the meeting after next and perhaps approve it at the subsequent meeting after that and then send it to council for an ordinance change. They would have to introduce it and then on a subsequent meeting they could pass it. Walker stated he felt they were looking at 90 days minimum or even 120 days provided it doesn't come up for reconsideration at any of these bodies. Booth stated his question is if the TSH Board was against a deadline for addressing this rapidly. Walker stated they may feel some urgency in as much as trying to stop somebody from doing something that is already in process. Mahurin stated to piggyback on Mr. Booth, there is a concern that the TSH Board wants to see a development like that. Some of the people involved, based on their past experience with coming before this board, have put large things upon their property, being buildings or other things. Mahurin stated she felt they were trying to possibly avert some abuse. Their intent is to be positive. Goecke stated he thought they were putting a lot of credence in what the TSH Board is saying. The TSH Board when it was in it's infancy could not come up with any definitive plan. Goecke stated he does not know how many of the original members of that board are even still on that board and thinks this may be a typical knee-jerk by a couple of people that are against anything that may happen in that area. Goecke stated Planning & Zoning Commission Page 14 Minutes April 10, 1996 he has a real problem with this. Do we tell staff that they must do this as expeditiously as possible? Goecke stated he didn't think so, they will not put in on the back burner. Let's let them work on it and bring it back. Goecke stated to instruct them that they have to fast track it, he doesn't buy. Werner-Quade stated she understood the amendment and didn't think it was unfavorable to staff in anyway. She felt it was favorable to TSH Board. They have a goal. They wish to accomplish it and they would like this to happen before summer. Werner-Quade held up a picture and asked if anyone remembered them. She explained they were the Vozar stand in Old Town. Werner-Quade stated she had saved the pictures for a good reason and that is that Mr. Vozar came before P&Z with a building that was double the size that it was originally intended to be. TSH Board has a lot of responsibility and maybe this is the only way that they know to get this through. Werner-Quade stated that she didn't feel that they should be in any way made to suffer for that and thinks that as a Commission that reviews TSH that they should be as user friendly and helpful as possible. Especially, given some of the history in the area. Walker stated .that they should also remember that they had required the aforementioned parties to come in for a permit to put artwork in their yard as a structure. Walker commented that he still didn't consider a Beluga whale a structure. Walker asked for amendment to be read and Kebschull stated she couldn't decipher the notes. Walker asked Mahurin to restate the motion. Mahurin stated she recalled to request that the city administration work with TSH Board as expeditiously as possible to come up with an ordinance to bring back to the P&Z Commission. Walker asked if the second concurred and Bryson stated yes. VOTE: MAHURIN YES BRYSON YES GOECKE NO WALKER NO GLICK WERNER-QUADE BOOTH NO YES NO AMENDMENT FAILS. Walker asked if there was discussion on the main motion. Mahurin asked for motion to be repeated. Kebschull read the main motion, "Bryson asked if it would be appropriate to recommend administration to bring back a sample ordinance. Mr. Walker stated yes and Bryson moved to do so." Walker asked if the second concurred and Glick agreed. Walker asked for any further discussion. Walker commented that at times the wheels of government do move slowly but they do _ move forward. Planning & Zoning Commission Page 15 Minutes April 10, 1996 VOTE: GLICK YES BRYSON YES WERNER-QUADE YES GOECKE YES BOOTH YES MAHURIN YES WALKER YES MOTION PASSED. 8. OLD BUSINESS: a. Proposed Residential Zone (Michael Christian) Kebschull advised the Commission that 8a was the information provided for the work session. Walker stated that prior to asking for a motion would like to ask staff why this item was on the agenda. La Shot stated that it was on the agenda in case any action was needed to be taken on the work session. Kebschull added that staff needs direction as to what steps to take. Walker stated they are reviewing the work session and would open the item to the Commission as to direct staff. GLICK MOVED THAT STAFF BE ASKED TO FOLLOWUP ON WHAT WAS DISCUSSED IN THE WORKSHOP WITH THE PROPOSED RESIDENTIAL ZONE AND BRING BACK A PROPOSAL WITH THOSE ITEMS INCORPORATED. MOTION SECONDED BY MAHURIN. Walker asked for staff comment. La Shot stated no. Walker asked Mr. Christian if he had comments. Christian stated there were a number of items that were in the original proposal that did not show up in the staff report. Christian stated he didn't know if they had been addressed. Walker asked Mr. Christian to approach the microphone. Michael Christian-Stated he did not sure if all the development requirements that were in the original proposal were addressed in the staff report and wanted to make sure that they were also reviewed and that they weren't left out of consideration. Christian listed: Lot size came up but there was no consensus.; connect with sewer and water; underground utilities; streets would be paved with gutters; should be at least two street accesses to each subdivision rather than a single one that could cause trouble in an emergency; the preservation of at least 35 percent of mature trees on lot or landscaping if there are no trees to begin with; paved accesses to each lot; street Planning & Zoning Commission Page 16 Minutes April 10, 1996 lighting with overlapping beams; to not allow any vegetation to be buried on the property; and equipment storage not being allowed. Walker asked Christian regarding the 35 percent of mature trees how would this be possible with the spruce beetle infestation. Christian stated that is why they put in the landscaping provision. Bryson stated that he thought administration had reasons for not including them on the draft that was brought back and would request that at the next meeting they could address those item by item with rationale as to why they were excluded. Werner-Quade stated it was her understanding there would be a cost breakdown associated with some of these items and that a number of these would be costs passed onto the developer. Bryson commented that in the past in the Kenai area when you have a lot that is extremely expensive it has had some attribute that justified the cost that the owner would spend for it. Usually along the bluff in proximity to view properties and these are proposed to not be that situation. Bryson stated he feels that they are creating a lot requirements that are so expensive that the type of person that can afford a custom house is not going to live in them. They will go to the bluff. It is a pretty exclusive person who wotad be able to buy a house like this. Booth stated he would like to address Bryson's comments. Stated he felt Bryson had a point; however, this ordinance could be instituted on the bluff. For example on Toyon Way there was a large house built there and then it was sold. Then, a duplex was built on the right side and a small home on the left side. Personally, he thought there was a cost difference between those two homes and it lowered the value of the large home and raised the value of the small homes. Booth stated he thought that this was one of the things this ordinance is trying to prevent. Walker asked for motion to be read and Kebschull read the motion. VOTE: BRYSON YES GOECKE YES MAHURIN YES WALKER YES WERNER-QUADE BOOTH GLICK YES YES YES MOTION PASSED. Bryson requested that administration address the items that Mr. Christian listed in his public testimony and address them at the next meeting. Walker stated La Shot confirmed this request. Planning & Zoning Commission Page 17 Minutes April 10, 1996 b. Enhanced 9-1-1 Mapping and Addressing Project Walker stated there was a list and staff was asking for comments. Bryson asked if the recommended official names were the names that the city is presently utilizing. La Shot stated not necessarily. La Shot stated the first column is what is on the city address map and generally what the post office is using for names. The second column is the official name as the borough recognizes. The next is other alias names that could be used. Some of those may be what is on the sign. Any one of those could be on the actual street sign and the Street Department is checking that now. There will be a number of changes no matter what is done. Bryson stated Item 18, the recommended name doesn't have a tag. Bryson asked Item 48, what was proposed? Walker questioned Item 24, are you proposing any names? La Shot stated that is not a platted right of way and is on private property and is not sure why it is on the list. La Shot stated it is not one the city can recognize or name. La Shot stated the staff will clean up items for the public hearing and that there is no action that needs to be taken tonight. La Shot stated that as other comments are received those changes may need to be made. 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council No council member available as at the budget work session. Minutes are in the packet. b. Borough Planning Bryson stated the agenda is in the packet. At the meeting Monday night Items H-3 addressed items within the City of Kenai regarding sale of certain lands obtained by the Borough. There were lands within the city and they have proposed borough classifications. Those are addressed by list as 12-A. One plat was considered within the city. That was the Original Townsite of Kenai which was elimination of a lot line which was approved. Planning & Zoning Commission Page 18 Minutes April 10, 1996 c. Administration La Shot commented that in regards to code enforcement, the situation at First and Birch the people have been spoken. They still deny operating a business from their property or storing junk cars. They are well aware of the community's feelings regarding the situation, they have copies of the code, and they have done some cleaning up of the property last weekend. They said they will try to keep it looking better and tone down the activity that has been going on there. Walker stated they are in fact operating a business out of there. La Shot stated they denied that. Walker stated he has personal knowledge on that. La Shot asked if he had proof. Kebschull advised that Carol Freas, City Clerk, asked everyone to remember their conflict of interest forms which are due by April 15th and that she would not be at the next meeting. 11. PERSONS PRESENT NOT SCHEDULED: Michael Christian, 613 Maple Drive-Stated he had a question about the Mapco sign article in the paper. The question was the threat to use the building as a sign and wondered if there is any way the commission could address that as a problem in the future. Christian stated he was concerned as they had gone through a process and been turned down and now they are threatening to find a loop hole. Booth stated he did understand that Mapco did do that in Juneau when they moved in. Juneau had sign restricts and so they built an oversized building so they could get a two story Mapco sign. Booth noted he has not seen this first hand. Walker asked La Shot if the business was outside of the Landscaping/Site Plan as presented to this body, could it be brought up for review. La Shot stated that could be done. He added that he thought Mr. Christian was alluding to the fact if they could do something with signage on the building. that is not covered by the sign code to circumvent the permit. They could. The city's sign code on regulates free standing signs. Wall marquee and roof signs are not covered. Walker stated he was under the impression that most of the zones that signs are placed on a house are in fact regulated. Christian stated he had read in the paper regarding the logging the city had proposed and there were no bids. Christian stated there were quotes from the city that they may reduce the requirements to get this logged. First, Christian asked where it is and also the comment that there may be a loosening of the restrictions on how the trees may be removed. La Shot stated the property is Denaina Point Estates which is bluff property between _.. the bluff and the highway in Section 36. The logging was merely for clearing of right of Planning & Zoning Commission Page 19 Minutes April 10, 1996 ways and removal of bug infested trees. The loggers involved felt the restrictions were not economical. What the Public Works Director meant by loosening the restrictions, La Shot stated he was not sure what will be proposed. Christian asked if these were public access right of ways. La Shot stated they are platted right of ways and noted they could be seen on the map noting that not all of the area is owned by the city. This will only involve city-owned property. Bryson questioned how they came up with the 50 some acres rather than 4 or 5. Is that the gross area? La Shot stated that is what the city owns including right of ways and actual parcels. The only trees to be logged on the parcels on the bugged, dead, and dying. Restrictions were that stumps would be cut off level with the ground or pulled and all waste material be hauled away and not burning. These were felt too restrictive. Normally, it is common to burn onsite and it is not common to pull stumps. It could be common to cut off near ground level. Pulling stumps and burning probably will not make a logging operation viable. 12. INFORMATION ITEMS: a. Resolution 96-28, Classification of KPB land within the City of Kenai b. Kenai River Special Management Area Advisory Board Minutes (3/7/96) c. Schmidt Petition to Amend City Zoning Boundaries d. Matsu Borough Ordinances Information Walker asked if any questions regarding any of these items. None noted. 13. COMMISSION COMMENTS & QUESTIONS: Mahurin commented that she felt this had been a stimulating and challenging meeting. 14. ADJOURNMENT: GLICK MOVED TO ADJOURNED AT APPROXIMATELY 9:40 P.M. Resp ,tfully submitted: ~,_ ~ r ~ l~ l~ ~~ M~ril~n Kebschull Administrative Assistant Planning & Zoning Commission Page 20 Minutes April 10, 1996