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HomeMy WebLinkAbout1996-05-22 P&Z Minutes~~ CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo May 22, 1996, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: May 8, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-39-Preliminary Plat, Oberts Pillars Subdivision -Part 2 6. PUBLIC HEARINGS: a. PZ96-38-Conditional Use Permit-Gov't Lots 83 & 84, Sec. 31, T6N, R11W b. PZ96-40-Conditional Use Permit-Tract A, Inlet View Subdivision, a Resubdivision of Tract A c. PZ96-41-Creation of a Prime Residential Zone 7. NEW BUSINESS: 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: a. AAA Taxi 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission Agenda 12. INFORMATION ITEMS: Page 2 May 22, 1996 a. KPB Administrative Approval of Hakkinen Estates Subdivision & Sprucewood Glen Subdivision No. 7 b. Kenai River Special Management Area Advisor Board Minutes of 4/4/96 c. Work Session on Prime Residential Zone Minutes of 4/10/96 d. Memo from Robert C. Springer, Building Official 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: UNAPPROVED CITY OF KENAI PLANNING AND ZONING COMMISSION May 22, 1996 Minutes 1. ROLL CALL: Members Present: Phil Bryson, Teresa Werner-Quade, Ron Goecke, John Booth, Karen Mahurin, Kevin Walker Members Absent: Carl Glick Others Present: Councilman Smalley, City Engineer Jack La Shot, Administrative Assistant Marilyn Kebschull 2. APPROVAL OF AGENDA: GOECKE RECOMMENDED APPROVAL OF AGENDA AS PRESENTED WITH THE ADDITION OF THE HANDOUT AND ASKED FOR UNANIMOUS CONSENT. MAHURIN STATED SHE OPPOSED UNANIMOUS CONSENT. Mahurin stated she was under the impression that at this meeting under Old Business would be the recommendation or discussion of the purchase of the Richka Park property after a meeting and a report from the Airport Commission. Mahurin noted the minutes reflect this. Walker asked if Mahurin would like to ask staff if they have that report prepared. Mahurin stated at the last meeting a motion was made that the discussion on making a recommendation to city council to purchase the Richka Park property would be discussed at the Airport Commission meeting then would be brought back to the next Planning & Zoning meeting with a report from the Airport Commission as to their direction on this issue. La Shot stated he believed it was discussed. Kebschull advised that the Airport Commission had discussed the property but it was on their agenda as an information item only. Kebschull added that the Airport Commission chose to take no action until they were given more information. Kebschull advised they don't meet again until the second Thursday in June. MAHURIN STATED SHE WOULD LIKE TO ADD THIS ITEM, PER DIRECTION FROM THE LAST MEETING, UNDER OLD BUSINESS. WALKER ASKED IF THERE WAS A SECOND ON THE AMENDMENT? WERNER-QUADE SECONDED THE REQUEST. WALKER ASKED IF ANYONE OPPOSED THE ADDITION OF THE RICHKA PARK DISCUSSION. BRYSON STATED HE WILL ABSTAIN FOR REASONS STATED DURING THE LAST MEETING. VOTE ON AMENDMENT TO AGENDA: BRYSON ABSTAIN WERNER-QUADE YES GOECKE YES BOOTH YES MAHURIN YES WALKER YES MOTION PASSED. VOTE ON APPROVAL OF AGENDA AS AMENDED: WERNER-QUADE YES GOECKE YES BOOTH YES MAHURIN YES BRYSON YES WALKER YES AGENDA APPROVED. 3. APPROVAL OF MINUTES: May 8, 1996 BRYSON MOVED TO APPROVE MINUTES OF MAY S, 1996 AS PRESENTED AND REQUESTED UNANIMOUS CONSENT. MOTION SECONDED BY MAHURIN. Walker asked if any changes to the minutes. None noted. MINUTES APPROVED. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-39-Preliminary Plat, Oberts Pillars Subdivision -Part 2 GOECKE RECOMMENDED APPROVAL OF PZ96-39 PRELIMINARY PLAT FOR OBERTS PILLARS SUBDIVISION, PART 2. MOTION SECONDED BY BOOTH. Walker asked for additional staff comments. La Shot stated no additional comments. Walker asked if anyone in the public wished to speak to Item 5a, PZ96-39. No comment. Walker brought item back to Commission for discussion. VOTE: GOECKE YES MAHURIN YES WERNER-QUADE YES BOOTH YES BRYSON YES WALKER YES PLAT APPROVED. Planning & Zoning Commission Minutes Page 2 May 22, 1996 6. PUBLIC HEARINGS: a. PZ96-38-Conditional Use Permit-Gov't Lots 83 & 84, Sec. 31, T6N, R11W BRYSON MOVED TO APPROVE PZ96-38. MOTION SECONDED BY GOECKE. Walker asked for additional staff comment. La Shot stated nothing additional. Public Hearing Opened. Truman McCrady-Advised he had been on the original Planning & Zoning Commission for the City of Kenai. McCrady stated he feels that this variance is degrading to the area for the simple reason that it is urban residential. McCrady stated he had lived in that area for 40 years. McCrady stated he would encourage the commission to go against this noting it is a fire hazard. McCrady added that the city has had very bad luck regulating parks and has had to close them in the evening. McCrady noted that this is a neighborhood of retired people. If they remove the trees, it will destroy the noise buffer between the airport and the residential area. McCrady stated he urged the Commission to vote against this. Werner-Quade asked if Mr. McCrady had contacted her by phone. Werner-Quade stated she needed to report an ex parte contact with Mr. McCrady noting that she didn't feel that what they discussed would effect her decision. Ann V. King-Stated she strongly objects to the location of a commercial enterprise being located adjacent to her property at 1109 Third Avenue as well as the other objections that she stated in a letter to the Commission. Bobbie Oskolkoff-Oskolkoff stated that to put in commercialism like RV parks in the city is trashy noting she has never been in a city that sticks their RV parks downtown. Oskolkoff stated she is close to town. She noted she has been putting in an $8000 kitchen in her house and between cutting the trees and putting in RV parks, the city is not enforcing the laws on the garbage. Oskolkoff stated she could name three homes down there that are a disgrace to the neighborhood noting that they tried to report it last year. Now, they want an RV park. Oskolkoff stated they were part of the people who asked for the park on 4th, now there is nothing but pot heads down there and noted they cannot let their grand kids go down there. Oskolkoff stated there are brand new homes going down on Birch. Oskolkoff stated she didn't think they needed to get commercialized in the residential area. Oskolkoff stated she urged the Commission to start looking at all that stuff that is at the edge of the city noting the city is a first class city. Oskolkoff said she doesn't feel like selling her home because they are going to cut the trees down toward the airport noting she will not get the Planning & Zoning Commission Page 3 Minutes May 22, 1996 money back out of her kitchen. Oskolkoff stated she wanted to live there commenting that they are getting older as are several of her neighbors. Oskolkoff stated they are there because they like the location; they raised their kids there. Oskolkoff stated she feels like they are being pushed out by all of these things that are going on. Oskolkoff stated she didn't feel that anybody had considered this was a residential area. Oskolkoff asked the Commission to consider that they wouldn't want an RV park in their area. Ozzie Osborne-Stated he lives at 1106 Third Avenue right across from the planned RV park. Osborne stated he takes care of the house for the owner and was planning on buying the property. Osborne stated that if park goes in, he will have to reconsider the purchase. Osborne noted that the traffic will pick up and it is a gravel road. Osborne stated the area needs to stay urban residential as it is. Gene Moyer-Moyer stated he is the petitioner and noted he is new to the area. Moyer stated he has owned property in the Kenai/Soldotna area for ten years, moving up from Oregon. Moyer stated he is a retired police officer and knows what riff raff amounts to. Moyer stated he bought this piece of property in rundown condition noting he has put a substantial amount of money into this property and has cleaned up the area. Moyer added that the people who walk up and down the road everyday should notice that they have been cleaning up the garbage. Moyer stated beyond his place, there is a whole bunch of garbage along the road. Moyer stated he chose not to contact any of the neighbors for one reason, to see if anyone would contact him to see what his plans were. Moyer noted he has owned property in Oregon for a number of years and is under a forest deferral plan there and he does not cut trees. Moyer stated he has cut one tree on the property and that was it. He has pulled up some small ones because of their locations. Moyer stated he has replanted a number of trees. Moyer asked the group to rest assured that he will not go in and clear cut the property. Moyer noted the RV park is for four spots. Moyer noted he had visited the Visitor Center and they had stated they need some place for people to camp and that is same with a controlled environment. Moyer stated they also stated they needed an RV park. Moyer stated he figured four RV's could go in the lower part along the swell and they would be there during the two months in the summer, not along-term project. The tents, Moyer stated this was one of the big items noted, they claimed the city has six tent spots in town. Moyer stated that on this same note, across the street behind the airport, the city has put in camping spots. Moyer stated he didn't know how true that was but there has been some excavating in there and spots cleared and gravel put in. Moyer stated he didn't know who would be allowed to use the spots. Moyer added there are lots of kids in the neighborhood noting he has had his kitchen window shot out and his pickup window shot out and broken. Moyer stated he did not call the police. Instead, he went to the children and they agreed to do some additional cleaning up of the property. Moyer stated the alternative to this would be to probably build another house, two houses, three houses, or whatever. Moyer stated they could legitimately put six kids in i Planning & Zoning Commission Page 4 Minutes May 22, 1996 l each house, then there would be 18 more kids there. Moyer noted they would cut out a lot of trees excavating the property to build additional buildings. Moyer commented that he had done this only as a stepping stone to find out what the need for the area was. Moyer stated the current building that is there is a duplex and commented that maybe they need a bed and breakfast type operation in there. Moyer stated they have no objections to amend the permit to drop the tents, drop the RV's but they would like to have a bed and breakfast to increase the income from the property. Moyer stated that people will notice that he does have camp trailers that he parks there and will have relatives driving into the area that will be parking their RV in his back yard sometime during the summer. Moyer noted that whatever the decision of the Commission, there would be garbage cans, toilet facilities, and the area policed and kept up if there was anybody who came in to park their RV or to camp in tents overnight. Moyer advised he would answer questions. Mahurin asked Moyer if he intended to live on the property and run the operation himself. Moyer stated they intend to live upstairs in the duplex. Mahurin clarified he would be living there year round. Booth asked Moyer if he planned on installing rest rooms or how would he plan to take care of this accommodation. Moyer stated he had contacted the people who have the portable toilets and they would service them once a week or whatever is decided is needed. Moyer stated the other alternative would be to put a bath house on wheels and find some way to attach it to his sewer line and use it that way. Booth asked if he planned on having fire pits on the property for the tent campers. Moyer stated he would like to have that but noted if you can't burn trash there, you certainly don't want to have camp fires. Zoya Oskolkoff-Oskolkoff noted she had grew up at the end of Birch Street and now she is lucky enough to rent a house next door to her parents. Oskolkoff stated that RV parks would ruin the area noting it is a residential area. There are a lot of kids in the area. Oskolkoff stated that public toilets are not what anybody wants to see where they live and drive. Oskolkoff stated she didn't feel RV parks belong where you live. RV parks belong where you want to attract attention for the tourist industry even if it is downtown. Oskolkoff added that Birch Drive and Float Plane Road is not a tourist industry and doesn't get along where there are families. Foster Walters-Walters noted he lives at 214 Birch Street and has lived there for 16 years. Walters stated he is opposed to the whole thing noting he wrote a letter and asked that it be read. Walters stated he hasn't much to add except the outhouses would be terrible. The outhouses would smell, you would have fire hazard, and a road that was supposed to be paved years ago for access to the Float Plane Basin. Walters stated it didn't work that way and stated he knows how things work and this will be another disaster if it goes through. Planning & Zoning Commission Page 5 Minutes May 22, 1996 Raphael Moore-Stated he has been before the Commission several times and stated they will keep beating the issue until somebody wins. Moore commented that if Moyer wants to buy his property and other property, let him make a bid. Moore stated he didn't think it was right for someone who has money to come in and do what they want to do, when they want to do it, anyway they want to. Moore asked what you call that. Moore stated he called it unreal. Moore stated he thought it was time that somebody sat down before things really start happening. Michael Christian-Christian stated he lives in Woodland Subdivision. Christian stated he would like to point out there are zones for residential areas and zones for commercial activities. Christian stated the more encroachment of commercial into the residential area, the more the quality of life will deteriorate. Christian stated he doesn't see a real problem with a bed and breakfast; however, the RV park even though suggested for four spaces could be expanded. Christian stated that Moyer had said he could build houses there and noted that is what residential areas are for and commented he felt that would be a much better choice for that area. Christian stated he would suggest they turn down the RV section of the proposal. Kristine Schmidt-Schmidt stated she also lives in Woodland Subdivision and would like to echo the comments made by Mike Christian. Schmidt stated she is against any encroachment of commercial activities into residential areas. That is why there are residential zones. Schmidt commented that Conditional Use Permits, although permitted in the zoning code, should be very sparingly, if ever, approved. Schmidt stated she felt the appropriate usage for residential areas is for residences. Schmidt stated that increased traffic because of the commercial nature of the activity would be a nuisance to the residential neighborhood. Schmidt noting that Mr. Moyer had said he would not cut trees, stated she appreciated that but there is no guarantee that that won't happen as he would need space for R.V.'s and campsites. Schmidt stated the fact that Third Avenue is unpaved and it is very dusty in the summertime from the residents. Schmidt asked the Commission to vote against the project as designed. Chairman Walker asked that the letter from Mr. Walters be read into the record. Letter read into record by Kebschull and body of the letter as follows: "Please read this letter at the Planning and Zoning Commission meeting on May 22, 1996. We have no objection to the Moyers getting a permit for a Bed and Breakfast at their residence but we are opposed to the R.V. parking and overnight camping to be located at Third Avenue and Float Plane Road (Gov't Lots 83 and 84, Section 31, T6N, R11W), Kenai, Alaska. We oppose for the following reasons: Planning & Zoning Commission Page 6 Minutes May 22, 1996 1. Third Avenue is a gravel street. More traffic will create more dust and noise in the neighborhood. 2. If Lots 83 and 84 are cleared or partially cleared of trees for parking and camping, the airport noise buffer for the homes on Third Avenue will be destroyed. As it is, summertime float plane noise exceeds acceptable levels. 3. If RV parking and overnight camping were permitted on these lots, fire danger would increase for the homes on the block between Second and Third on Birch from barbecue grills and other camping fires. 4. An RV park and overnight camping would increase traffic to the residential neighborhood at all hours of the day and night. Noise is the least of the disturbing situations such a facility would create. 5. The residents on Third Avenue between Birch Street and Float Plane Road are retired people and do not want the area to become noisy and possibly dangerous because of a transient population. 6. The Float Plane Road is already littered with broken glass and other debris. An overnight camping area would only add to the litter problem." Letter was signed by Foster H. Walter, 214 Birch Street, Kenai, 283-7305, and also by Virginia E. Walters. Chairman Walker asked if any other public comment on this item. McCrady-Noted he would like to make a correction and that there is no such address as the Float Plane address stating it is on Third Avenue. McCrady stated they have never numbered any of the streets on Float Plane. McCrady stated that 1105 Float Plane should be 1105 Third Avenue. Public Hearing Closed. Goecke stated that there was substantial neighborhood input as far as the camping part of the permit. Goecke added that the applicant had stated he would not be opposed to only a bed and breakfast. Goecke stated in light of testimony that that might be a good way to proceed. Walker asked if Goecke wished to make an amendment at this time. GOECKE MOVED TO AMEND PZ96-38 THAT THE CONDITIONAL USE PERMIT BE FOR A BED AND BREAKFAST ONLY AND NOT THE R.V. PARK AND CAMPING. MOTION SECONDED BY BOOTH. Bryson stated he is a resident in the general area and is well aware of the nature of the neighborhood. Bryson stated that commercial or semi-commercial development can effect the area with such low density. Bryson stated that he feels that the R.V. facility and overnight camping are inappropriate for the area. Bryson stated he will be Planning & Zoning Commission Page 7 Minutes May 22, 1996 l supporting the amendment. Bryson asked if the item could be passed back to the public regarding the bed and breakfast only and see if there was additional input in that regard if the amendment is approved. Booth stated he is somewhat opposed to the project the way it stands because of the camping and because of the R.V. park. Booth stated he felt it is inappropriate to have port-a-potties and camp fires in the residential neighborhood. Booth stated he does support approval of a bed and breakfast for that area. Bryson stated the petitioner requested the status of camping that is planned in the airport area and wondered if the administration could advise the status of that situation. La Shot stated that he felt Councilman Smalley could better answer that question. Smalley advised he is not fully aware of the number of sites but it is only a few. The Airport Commission a couple years ago decided it would be nice to have a facility available for the itinerant float plane pilots to spend the night. Smalley stated that to the best of his knowledge he doesn't think it has ever been used. Smalley stated that in talking with the Airport Manager at council meetings when it came up as a discussion item, it had yet to be used. Smalley stated the sites have been in almost two years. Walker stated he would like to comment that the Planning & Zoning Commission was bypassed on that particular decision in it's entirety and added that they would have strongly objected to it. Bryson commented that the camping is tent camping only and it is not adrive-in situation. Mahurin stated that whether the Airport Commission put in camp sites she felt is irrelevant on this issue. Mahurin added she would like to pursue that issue at another time. Mahurin added she will support the amendment to eliminate the R.V. parking and the camping and she would like to hear input from the public about the bed and breakfast. Mahurin noted she still has a lot of concerns so would like to hear from the neighbors. Mahurin stated she too lives in that neighborhood and is trying to be objective and not let it influence her decision; however, records shows she is strongly interested in the float plane area and in the airport buffer. Mahurin added that houses would provide a different type of a buffer if that is what the property owner wishes to do. Mahurin stated she would like to hear public testimony regarding the bed and breakfast and would support the amendment so far. Chairman Walker stated he felt it would be appropriate before taking additional public testimony, to vote on the amendment. Then, open the amended issue up for public hearing. VOTE ON AMENDMENT: BOOTH YES MAHURIN YES Planning & Zoning Commission Page 8 Minutes May 22, 1996 `i BRYSON YES WERNER-QUADS YES GOECKE YES WALKER YES AMENDMENT PASSED. Chairman Walker advised that PZ96-38 has been amended to provide for a bed and breakfast only. Public Hearing Reopened. Bobbie Oskolkoff-Stated she does tours of the Russian Church and there is a need for places for people to stay. Oskolkoff added that there is a need for tent campers commenting that she doesn't want them in her neighborhood. Oskolkoff stated she had a suggestion noting that the city used to have camping until cannery workers ruined it. Oskolkoff suggested opening up like other parks and charge noting that the city does have to accommodate tent campers. Oskolkoff questioned how many people Moyer would intend on having in his bed and breakfast. Oskolkoff stated she is not opposed to the bed and breakfast adding that her contact with the tourist has been really good. Oskolkoff added that that goes for the motorhomes but she doesn't want them in her neighborhood. Oskolkoff reiterated her concern would be how many people Mr. Moyer would want to stay there and how much traffic would be coming and if he would be open year round. Oskolkoff stated she would like to know more about the bed and breakfast. Oskolkoff added that her cousin had one in Ninilchik and never had a problem, the guests were doctors, lawyers, people like you. Oskolkoff commented it is his home and if he feels it is safe to have someone in his home, that is probably his business. Oskolkoff stated there is no difference between bed and breakfast or foster kids as long as it takes place in the home and he lives there. Chairman Walker asked Mr. Moyer if he would care to respond asking how many persons he wished to have at the bed and breakfast. Moyer stated there are three bedrooms and they anticipate putting in the neighborhood of six single beds and maybe a seventh. Moyer stated a maximum of eight at any one time and that would be a family group. Moyer stated there won't be a lot of traffic with the bed and breakfast adding that there is a lot of traffic from Float Plane Road from people outside of his neighborhood. Moyer added they use it as a speedway and throw bottles, etc. but he doesn't think the people from the bed and breakfast will cause a problem. Moyer stated he has a grandson patrol the road and take the glass off the road. Moyer commented that 1105 Float Plane is a legitimate address noting he had requested that it be because of the fire department, phone, and electric companies decided that would be the appropriate way to identify that piece of property. Moyer added that the driveway is off of Float Plane Road. Planning & Zoning Commission Page 9 Minutes May 22, 1996 Virginia Walters-Stated she lives at 213 Birch. Walters stated they were not opposed to the bed and breakfast noting that the former resident always had the basement rented. Walters stated that it has been legitimately a two family dwelling for a long time. The only objection would be making sure the egress was on Float Plane Road so they wouldn't get more traffic on Third Avenue. Walters added that hopefully there would not be another cabin built to accommodate more people. Zoya Oskolkoff-Stated she doesn't oppose the bed and breakfast. Oskolkoff stated she wondered why they couldn't have someone patrolling the Float Plane Road adding it is like an abandoned road. Oskolkoff commented there is the Float Plane Basin, kids up and down the road, and it is a bad spot for riff raff. Oskolkoff stated she worries about her kids and wonders what they will see. Oskolkoff added there was an incident with the police department on the road even though she doesn't know how true it was. Oskolkoff wondered if it could be patrolled more. Chairman Walker advised the P&Z would have no direction to the police department one way or another and should be addressed through council or administration. Leon Quesnel-Stated he lives in Woodland Subdivision and would like to note he supports the bed and breakfast and not the R.V. park. Mr. McCrady-Stated he is a little bit on the fence about the bed and breakfast adding a toe in the door is just before you get the head in. McCrady stated he would be opposed to a bed and breakfast adding what would be next. McCrady stated that ordinances as they have been protected over the years. McCrady stated that Third Avenue had been promised to have been paved eight or nine years ago but that was the last time he ever saw anybody. McCrady stated the dust is bad and there is high speed driving even now without anything there. Mr. Walters-Noted that as he had stated in his letter that was read, he is not opposed to the bed and breakfast but would like to be assured of it that is doesn't expand. Walters stated if it is contained to that residence, he has no problem at all. Walters said they don't want another house built with it turned into a bed and breakfast or a cabin built. Walters added that he doesn't know if there is anyway to restrict it to that. Kristine Schmidt-Stated she wanted to express the same feelings as Mr. Walters. Schmidt noting that one of the problems with Conditional Use Permits is that they come back on you later as the next person along the line thinks there is grandfather rights and want to expand the use. Schmidt asked that if they are going to approve a conditional use for bed and breakfast, that it be as restrictive as possible to the existing residence so that the next person along the line can't use it as a toe hold to put eventually a bigger, more expanded commercial type development. Planning & Zoning Commission Page 10 Minutes May 22, 1996 ~ Raphael Moore-Stated he would like to second what was just said. Ann King-Stated she wanted to agree with what Mr. McCrady said and wanted reiterate her objections to the entire thing. Chairman Walker stated that before closing the public hearing he wanted to read something into the record as there has been a great deal of discussion on this item. Walker stated this is Ordinance 14.20.321, Bed & Breakfast establishments, under A, "It is the intent of this chapter to permit bed and breakfast establishments by conditional use which is compatible with other permitted uses with the residential character of a neighborhood and which is clearly secondary or incidental to the residential use of the main building. Under B, Provided that these establishments shall be owner operated, not more than one person outside of the family shall be employed in the bed and breakfast, rent out no more than 30 percent of total floor area, have adequate off street parking for owner and all guests and shall meet all other requirements as set forth by the Planning & Zoning Commission as set forth at the time of the public hearing. Item C is, "The bed and breakfast establishment must meet all area height and setback requirements of the zones of which they are allowed according to the Land Use Table." Walker noted that this may allay some of the concerns as to how much room may be used on this item, only 30 percent of this specific building may be used under this permit. Walker asked if there were any other comments from the general public. Public Hearing Closed. Mahurin stated she would like to ask Mr. Moyer, nothing he had originally sounded like he wanted 50 percent of the house to be used, if with the 30 percent he still wished to proceed with the permit. Moyer responded yes adding that would be two bedrooms out of three and asked if that would allow use of bathrooms. Chairman Walker advised that includes the total square footage of the dwelling. Moyer asked if they were saying that would be two bedrooms and a bath and they wouldn't have access to the kitchen, living room, etc. Walker stated the Commission doesn't draw the line on where they would or would not have access. Walker added they are allowed to rent out 30 percent. Mahurin clarified that is of the total square footage of the building. Mahurin asked if they intend to keep the entrance to the home coming off of Float Plane Road. Moyer confirmed this. Goecke stated that in reference to the traffic only coming in off of Float Plane Road, that the Commission cannot control that traffic flow. Goecke noted this information is per the memo from the Building Official in the packet. Goecke stated the traffic issue was a moot point. Planning & Zoning Commission Page 1 1 Minutes May 22, 1996 'j Chairman Walker asked for roll on Bed & Breakfast only. VOTE: MAHURIN YES BRYSON YES WERNER-QUADE YES GOECKE YES BOOTH YES WALKER YES UNANIMOUS. Chairman Walker noted the item passed as a bed and breakfast only. b. PZ96-40-Conditional Use Permit-Tract A, Inlet View Subdivision, a Resubdivision of Tract A MAHURIN MOVED TO APPROVE PZ96-40. MOTION SECONDED BY WERNER-QUADE. Walker asked for any additional staff comments. La Shot stated nothing additional. Walker noted the additional packet provided to the Commission. Public Hearing Opened. Michael Christian-Christian noted there were a large number of people in the audience who may not be aware of what this is. Walker asked if there was anyone in the audience representing this item. Nate Kiel-Kiel advised he was the applicant for the CUP. Kiel advised the purpose for the permit would be to erect a cellular site on Tract A1. Kiel stated he was approached a month or so ago by the people at Mactel who are interested inputting a 70 to 75 foot monopod cell tower somewhere in the central city area. Kiel stated his initial reaction was that he was skeptical. After looking it over and investigating it, Kiel stated he decided to apply for the CUP. Kiel stated the area adjoins Tract A2 which Kiel stated belongs to him and is where his home is. Tract Al is off Lawton Drive. The land next to Tract A1, Tract B is zoned conservation which would be a principle use for something like this. Kiel stated his initial skepticism was because he wasn't sure what the tower entailed. Kiel noted he has a nice, rural country setting where his home is. It is fairly secluded. Kiel stated he didn't want to cut down a bunch of trees and have a big, ugly tower to look at. Kiel stated that after examining things, and looking at pictures of other sites, reading the literature, and visiting with their engineer, Kiel stated he is convinced that it wouldn't be an obtrusive structure at all. Kiel stated it is a monopod type tower and wouldn't have guide wires or require that the Planning & Zoning Commission Page 12 Minutes May 22, 1996 lot be clear cut. Kiel stated the lot itself is 200 feet off Lawton Drive. Kiel stated his home is another 180 feet deep so to the back edge of the Rogers Road neighborhood, it is 379 feet or something like that. There are lots of trees. Kiel stated he has spoken personally with several folks, notably all four adjoining property owners. Kiel stated Mr. Bailey adjoins his property and he has spoken with him as well as the other owners on the side of his lot A2. Kiel stated that before he did anything he wanted to talk to people personally and to see their reaction and to explain what it entailed. Kiel stated it is a 75 foot tower. Kiel stated there are several trees in the 55 to 60 foot range all over those two lots. Kiel stated there is a buffer between Lawton Drive. Kiel commented he has big beautiful spruce and huge birch trees which would help buffer the cell site from Lawton Drive. Kiel stated he also has at least 100 feet of buffer zone between his home and where the cell site would be loaded with trees. On the other side of the house there is 80 feet or so between the back side of the Rogers Road neighborhood and that is all trees. Kiel stated he has no intention of clear cutting the trees and that was one of the first thing he told the engineers. Kiel stated that is the proposal. Questions from audience: Where is this in relation to the golf course and Wooded Glen Court? Kiel stated if you turn at 7-11 on Walker Lane and take an immediate left down Lawton toward Rogers Road and the high school, you pass the Baptist Church on the right. Just past that is a gully with city lift station, also on the left between the highway and Lawton Drive it is completely wiped out where the city allowed the road builders to use as a facility. Kiel stated that just past the gully there are a few gravel driveways, it is the first gravel driveway on the right is the property in question. Are you leasing this land? Kiel stated at this point nothing is leased and there isn't even an agreement. Would you be paid for use? Kiel stated he would be paid if an agreement is reached. Kiel stated he will be leasing the land to Mactel. Do you have any family relationship with Mactel? Kiel stated none at all. It is strictly business? Planning & Zoning Commission Page 13 Minutes May 22, 1996 Kiel stated he has never met them and they approached him looking for a site. Is there any strategic reason for positioning this at that location? Kiel stated they are looking for the strongest signals. Kiel stated they haven't even talked specifics or dollars. Kiel stated there is one natural clearing and doesn't want to cut down any more trees than are necessary. Kiel stated he has been assured that whenever they pull out, they take everything with them. Kiel stated the lot in question is over a half acre. Does this cause interference with t.v.'s in the neighborhood? Kiel stated they had told him it wouldn't but he would let them answer that question. How large of a gravel pad would they need? Kiel stated the gravel pad on the initial map they put down a 40 by 40 foot gravel pad. Kiel stated this is one are he plans to talk to them about because he doesn't want it to be that big. Kiel stated it wouldn't be larger than what a home would take up. Do they put in a separate road to the site? Kiel stated they would turn off his driveway which goes down to the end of the lot line, across his half acre, and they would turn in and it would be a short drive of 40 to 50 feet in. Chance Blemer-Stated he is with Mactel Cellular. Blemer stated he wanted to answer a couple questions. Blemer noted that one of their cell sites is between Kenai and Soldotna at Site 17. Blemer stated they don't have the density coverage that they need for the Kenai/Soldotna area. This site would be strategically located stating they had drawn a circle on a map and they need to be somewhere in this area. Blemer advised he had met Kiel at the high school when attempting to locate people to contact to try to find a location. Blemer stated he had spoken with Kiel who had advised he had property in the area. Blemer stated it is a 75 foot monopole and it stands by itself. Blemer stated it looks like a street pole and it is galvanized in color. There are no guide lines and does not require a light since it is under 200 feet. Blemer stated he would like to say that the pictures that were provided are deceiving. Blemer stated that is a picture of a site outside of Anchorage in the middle of a construction gravel pit. The tower and building look like what is proposed but they have assured Kiel that they will cut as few trees as possible. Blemer stated they want to do this for: 1. Better coverage for Mactel to support the fishing industry on the lower side of the bluff; 2. To better support the downtown shopping areas; 3. For tourism; and 4. For safety reasons. Blemer stated there is a document out by the federal government called an OST 65 but Planning & Zoning Commission Page 14 Minutes May 22, 1996 added he was unable to get a copy for the meeting. Blemer noted it states that there is no harm by radiation. They are rated by power by certain calculations and factors. Blemer commented that there would be 50 times more power off an FM broadcasting than this site. Questions from the audience: What range does this cover, square mile area? Blemer stated that right now the coverage off of cell site 17 you can actually make a phone call from outside the parking lot. Blemer stated they are trying to increase density because of buildings and concrete walls, even trees will cause density. Coverage is unpredictable but he would say between a 10 to 15 mile radius. The actual location could be within a few hundred yards or a half mile, plus or minus? Blemer stated it could be. Any particular reason you selected this site? Blemer stated he didn't have a lot of contacts in the area and meeting Kiel at the high school and Kiel stating that he had a lot. Did you check with any commercial people in the area? Blemer stated HEA has entertained the thought of allowing them to build on their property behind the Jeep Eagle dealership. Blemer stated that HEA cannot guarantee that within the next year and a half when they start developing that area that they would not have to relocate the cell site. Mactel is probably investing a quarter of a million dollars for this installation and they need a five to ten year guarantee. Blemer commented that they are here to stay and are not here to make fast money. Comment from audience stating they live in the Inlet View Subdivision and it appears to them that this is a commercial venture that belongs in a commercial area and not in a residential area. That is why he was trying to clarify the location and to see if it couldn't be at the high school itself. Blemer stated he is not from the area and used the contact with Kiel to propose this site. Comment from audience that Mactel advertises they are a local company and noted that Blemer is not. Blemer responded he has been here since October living out of Anchorage but Kenai is his responsibility. Planning & Zoning Commission Page 15 Minutes May 22, 1996 Is this the type of device that could be put on top of a tall building. Blemer stated if there was one tall enough and the support structure was tall enough. Blemer noted that most of the cell sites in Anchorage are installed like that. How tall does the building have to be. Blemer stated they are looking for about 75 feet to provide the coverage and to overlook down the bluff. Mahurin, noting her questions are from ignorance, asked if this interferes with televisions, c.b.s, pace makers, fillings in teeth? Blemer asked if she had ever used a phone and if it has ever bothered her. Blemer stated that is one of the things that the OST 65 will answer. Mahurin stated she if feeling uncomfortable since none of them know enough about it, she is not sure she knows enough to vote yes or no. Mahurin added that perhaps reading something like that could help them to understand a little more of what this is before they voted on it. Blemer stated what he could relate is that right across the back area where it looks like a couple of satellite dishes, etc., this particular location will put out around 250 watts. Blemer stated most broadcast stations and high powered ham gear are putting out 15,000 to 50,000 KW watts of power. Blemer noted that is the difference in power. Ron Hansen-Hansen stated he lives in Inlet View Subdivision and presented a letter from Betsy Arbelovsky. Hansen noted she had been one of the property owners contacted. Hansen stated he had just been notified two days ago about this. Hansen stated he is in agreement with Mr. Rich that they ought to try to keep subdivisions residential and keep commercial ventures in their zone. Hansen stated he has lived there in Inlet View 16 years and has watched it grow. Hansen said it is a quiet subdivision and would hate to see it turn commercial. Hansen stated he is against the zoning change. Lewis Rich-Rich advised the Commission had heard some of his questions. Rich reiterated stating he feels this is a commercial venture and belongs in a commercial zone. Rich stated he has been in the area for 7 years and has grown to like that neighborhood. Rich stated after listening to Mactel he didn't feel that they had really done their homework in the situation and explored opportunities in the commercial area. Rich stated if this is a paid for plot of land there ought to be people who have land on the Spur Highway that might be willing to lease property to Mactel. Rich stated he felt that they ought to explore further rather than select a site based upon a casual acquaintance. Rich stated it is encroaching on them. Rich advised they had looked at the trees and did not have time to measure them but as Mrs. Arbelovsky stated in her letter, they are never sure when the trees will disappear. This could be through spruce beetle kill, etc. Rich reiterated that he felt it should be in a commercial zone. Dianna Alvey-Alvey advised she is the local manager of Mactel. Alvey stated that their engineer is from Anchorage but all of Mactel people have been hired locally and Planning & Zoning Commission Page 16 Minutes May 22, 1996 ~ live here noting she has lived here 14 years. Alvey stated they are concerned with the community and has explored a lot of different avenues before Blemer got involved. Alvey advised that a lot of areas that they have looked at haven't worked out. Alvey stated this site looked like it might work out with the land owner wanting to do it. Alvey stated the cellular is very clean, there isn't a lot of traffic. Alvey stated they need to have better coverage in the area and this has been brought to their attention by the fire department, police departments, and state troopers. Alvey noted they are trying to remedy the problem. Bryson asked how many competing companies work the same area. Alvey advised two cellular companies are allowed in each area. One is owned by the local telephone company and the other is free enterprise and awarded through a lottery. Bryson noted that a few weeks ago in the news it was reported that waves from the phone itself was affecting pace makers. Alvey stated that most of the phones today are made under very strict rules and regulations. Alvey stated that some that are cheaper and don't adhere to the codes in place might do that. Alvey stated that all the phones that they sell are very high quality phones. Blemer stated that she hasn't heard of it personally (unclear as speaking from audience.) Someone in the audience stated they had heard it and that certain type of pace makers can be affected if you were to wear you r phone in your breast pocket and it was to ring, it could cause a disturbance. Lady in audience stated she had a pace maker and it takes a huge magnet to make it act up noting that she has to put on it every two months to transmit over the phone to see if the battery is good or not. She added that she didn't think cell phones had big enough magnets in them unless placed directly over the pace maker. Nate Kiel-Kiel stated he wanted to clarify that he had contacted all of the adjoining property owners including the only property owner he thinks will be able to see this thing. That is Mr. Bailey who owns the four to five acres adjacent to his land. Kiel stated there will be a buffer zone even between his property. Bailey advised he wouldn't contest, nor were the other three. Kiel stated his new home adjoins that property and the last thing that he wants to do is lower the value of that property and home. Kiel stated he will be very aware of how this is placed and not cutting down trees. Finally, Kiel stated he realized that it is residential but if you have driven by and looked at the lot, it borders the conservation land, the lift station is right there, heavy duty equipment is right across the street adding there are so many trees there he doesn't see this as being obtrusive. Kiel stated he had walked throughout Norman Street and had visited with people even the one who wrote the letter. Kiel stated he had been asked to have a meeting and the meeting never happened but he had been there. Kiel stated he didn't see that an antenna that was going to stick up 10 to 15 feet above that tree line over a football field and a half length away from those homes on the right side of Norman Street how they will see the antenna. Planning & Zoning Commission Page 17 Minutes May 22, 1996 Walker asked how far away from Inlet View Subdivision he was located. Kiel stated it would be something like a football field length from the back side of the homes on Susieanna Lane. Kiel stated from Norman Street it would even be further. Mr. Rich from the audience stated he would like to rebut noting the further away the higher the probability you have of seeing the structure. Rich stated they didn't measure the trees but they could but 50 feet high which will put that antenna about 25 feet higher than those trees. Rich stated this is a commercial venture with an electronic device and he doesn't think it belongs in this area. Rich stated he lives two houses down from Mrs. Arbelovsky and thinks they have a good opportunity to see this thing. Public Hearing Closed. MAHURIN MOVED TO POSTPONE THIS ITEM TO THE NEXT MEETING WHEN IT COULD BE READVERTISED AS A PUBLIC HEARING FOR MORE OF THE PEOPLE IN THE AREA. MAHURIN ADDED THAT ON A PERSONAL LEVEL SHE WOULD LIKE MORE TIME TO STUDY WHAT SHE IS VOTING ON. CHAIRMAN WALKER ADVISED THIS IS A NONDEBATABLE MOTION. WALKER ASKED IF THERE WAS A SECOND TO THE MOTION. NO SECOND, AMENDMENT DIES. Walker asked for further discussion. Mahurin stated she is concerned that she does not feel knowledgeable enough to vote on the issue. Mahurin stated she would like to know more about it adding that she knows Mr. Kiel and respects his opinion and believe him fully when he says what will happen with the trees. Mahurin stated that Mrs. Arbelovsky mentioned in her letter that there are many more people who would like to testify but because of high school graduation tonight they are not able to attend. Mahurin stated if they have to vote on this tonight, she will have to vote no for many reasons where it may be a positive thing. Mahurin added that since there was no second to her motion she doesn't feel she has a choice. Goecke stated he felt part of this could be cleared up by asking the secretary how many of the notifications were received back from the registered letters. Goecke stated he got his notice, noting he owns property in the area, a minimum ten days ago, almost two weeks ago. Goecke stated he was sure he was not the only one who had sent back and signed for their registered letter. Kebschull advised she would have to take a recess and pull the file to give an exact number. Goecke stated he didn't feel that it was that important but asked if everyone Planning & Zoning Commission Page 18 Minutes May 22, 1996 who was sent a letter to did in fact receive that letter. Kebschull advised that is correct. Kebschull added that everyone within 300 fee were notified. Bryson stated that he felt that trees typically average around between 40 and 60 feet in virtually the whole area. Bryson stated he didn't feel from a distance this will be much more of an obtrusive situation than an antenna on top of a two story building in an area that is nominally cleared of trees along the road. Bryson stated he feels in the long run there will probably be 15 feet of this antenna visible above the trees. Bryson stated that it will be more visible the further you get away from it but conversely the closer you are the less you see it. Werner-Quade commented that she lives in the area and knows Lawton well. Werner- Quade stated she knows where Kiel lives but doesn't know him personally. Werner- Quade stated she sees this as a business venture on his part, maybe he wants to make a little money without having to put in a duplex or an R.V. park. It is his property and he has decided to put, in her opinion, anon-obtrusive structure. He will retain the trees. He lives behind the structure and it is a drop off bluff area. Werner-Quade stated it might impact a few but she doesn't think the impact will be great in that area. Werner- Quade stated she would support the CUP. VOTE: BRYSON YES GOECKE YES MAHURIN NO WERNER-QUADE YES BOOTH YES WALKER YES PASSED 5 TO 1. Recess from 8:35 to 8:48 p.m. c. PZ96-41-Creation of a Prime Residential Zone GOECKE RECOMMENDED APPROVAL OF PZ96-41, CREATION OF A PRIME RESIDENTIAL ZONE. MOTION SECONDED BY MAHURIN. Public Hearing Opened. Michael Christian-Christian stated that they would like to have each individual item discussed rather than as a package so that they can come up with something that is acceptable to everyone. Kristine Schmidt-Schmidt stated she thought that the people that were before the Commission on the last two items are a good reason why you should support a prime Planning & Zoning Commission Page 19 Minutes May 22, 1996 i~ residential zone. Schmidt stated that one of the things about this zone that will be useful if it is adopted is that you won't have to be dealing with waking up one morning with a notice in the mail that ten days from now there will be an R.V. park next door or a 50 lot subdivision, or a radio tower. There would be no conditional uses in a prime residential zone. Schmidt stated she hoped that they would accept the zone as they were talking about it in the work session. Schmidt stated she is not clear where the Commission is and would appreciate it if someone would advise her of the status of the zone. At the last work session Schmidt attended she stated that the Commission appeared to be favoring a zone with some limitations as far as no conditional use and a larger lot size about 12,000 or so. Schmidt stated they don't get copies of the packets. Lastly, Schmidt stated that she thought if they were going to have planning and zoning in the city they need to have every tool available at their disposal. Schmidt stated they came here a year ago to protest Richka Park Estates Subdivision and were told that the city couldn't restrict the subdivision to single family residents because the city doesn't have that zone. Schmidt stated that after a lot of work from the people in their subdivision they came back with a zone. Schmidt stated these zones could be used as negotiating tools with developers. Schmidt stated that she felt that was common knowledge that they could tell a developer they wouldn't accept a development as it is but is you come back with this zoning they might accept it. Schmidt stated she felt they should look at this as the best negotiating tool that they have with developers. Schmidt stated if they didn't like the fact they were proposing a gravel road and onsite septic you could vote it down and tell them if they come back with a prime residential zone you'll ~ accept it. Schmidt stated she didn't know why the Commission would not want to have this kind of tool for now and for the future. Schmidt stated that the course of events in this borough are changing and people are not interested in the high intensity development as in the past. Cooper Landing has voted to put buffer areas in their area and restrict commercial activity, the borough is discussing limitations on gravel pits and requiring buffer areas around them. Schmidt stated she thought the trend is that people will be advocating more for a higher quality of life rather than allowing "willy nilly" kind of development around town. Schmidt urged the commission to accept a more restrictive residential zone. Schmidt stated they would love to put this residential zone on Woodland Subdivision is they could convince their neighbors. Schmidt added there is no limitation on multi-family housing even in their subdivision. Schmidt urged the Commission to vote in favor of the residential zone and not to water it down. Schmidt stated if they were going to water it down and let a lot of conditional uses in, just vote it down and let them put an initiative on the ballot. Schmidt asked the Commission not to water it down anymore. Chairman Walker advised Schmidt he would like to address a couple questions. Walker stated there are some condition uses listed in this zone those being for churches, elementary schools, libraries, parks and rec, daycare centers. Walker noted those are the permits that are currently listed in the proposed resolution. Walker stated that in Woodland Subdivision there are multi-family dwellings and except for under a Planning & Zoning Commission Page 20 Minutes May 22, 1996 ~~ grandfather clause qualify. Walker asked if Schmidt had any areas of town that she would like to see zoned in this particular zone or do you know of any developers that are desirous of this particular zone. Walker stated you cannot simply zone someone else's property. Schmidt stated you could and that is where the comprehensive plan comes from. Schmidt stated you have to start somewhere and you can put zones on or overlay zones on such as the KPB just did. Schmidt stated she knew it was true that it probably would not be popular and some of the developers in the area would not be in favor of it. Schmidt continued that some of them their practice is to build as cheap and as fastest as possible. Schmidt stated she would like to remind them that the developer who put in Woodland, at least parts one and two, had something a little bit more of quality in mind. Schmidt stated that if this zone had been available then she believed they would have used it. Schmidt stated that while you say you can't impose the zone, you can use it as a negotiating tool. Schmidt continued saying she didn't know why they wouldn't want to have such a tool available. Schmidt stated she didn't see why having this on the books would be a negative thing noting you can tell a developer that they don't like what they have but here is a good zone that if used you would consider. Schmidt stated that Mr. La Shot spoke a couple meetings ago advising he had told a developer who had been turned down is that if he would pave the roads and have city water and sewer that his subdivision would probably go through. Schmidt stated there is a negotiating process going on and believes this zone could be used for this as well as developers who would like a better quality of subdivision. Schmidt stated she would be opposed to daycare centers as a conditional use noting she didn't see a problem with the rest of those Walker had listed. Bryson stated he was getting a mixed message noting that Schmidt had indicated she didn't want them to modify the zone and then that you would like it to apply to Woodland Subdivision. Schmidt responded she was not sure where they were at with the zone noting that she doesn't have a current version of what they are looking at. Schmidt stated she is speaking from ignorance and doesn't know what the lot size is that is being proposed. Bryson stated the numbers are as was originally proposed. Schmidt stated she didn't know what those were. Bryson stated 15,000 square foot lot which would virtually eliminate all of Woodland Subdivision noting it wouldn't matter if it was in the original portion or not. Schmidt stated she wasn't aware of that commenting that the last meeting she attended the Commission was also looking at the possibility of splitting the zone into smaller lot sizes. Schmidt stated that a lot of lots are larger. Schmidt stated they would like the opportunity to have such a zone. Schmidt stated they have not been able to obtain a current copy of the zone. Schmidt stated she understood that the Commission was considering taking this zone and adding some of the requirements of it to already existing zones. Schmidt asked if that was in front of the Commission as an amendment. Walker advised not at this time. Planning & Zoning Commission Page 21 Minutes May 22, 1996 '~ Bryson asked for clarification on preference for lot size; is it your intent that Woodland Subdivision generally conform to the requirement the Commission adopts. Schmidt stated her personal preference is to have this zone split in two with a larger lot size and a smaller lot size for already existing subdivisions who wanted to come in under that zone. Schmidt reiterated she didn't know where they were at tonight. Bobbie Oskolkoff-Stated that when you put a zone in like this in an existing area some people may have bought split level homes thinking that as they got older in their retirement they would convert it to a duplex. Oskolkoff said she had heard people say they were going to do that for income when they were older. Oskolkoff stated she felt new subdivisions were fine but telling somebody you can't have a duplex if they bought the property when there was no restriction is wrong. Oskolkoff stated she felt there was a limit to how many restrictions you restrict people to. Oskolkoff stated she felt duplexes look like homes and wouldn't be opposed to a duplex next door to her as long as it was built up to a certain standard. Oskolkoff reiterated she didn't think they should be restricting preexisting areas. Leon Quesnel-Stated he felt the restrictions are quite tight and some of them may need to be opened up. Quesnel stated that as far as present homes are concerned, not necessarily Woodland, but for other subdivisions within the city or proposed subdivisions need some restrictions on them rather than let anyone build any sort of houses that they wish. Quesnel stated if you want to keep the integrity of the city to the point where people want to live here you want to keep the city a place where you want to keep on living and are proud to live in. Stated he felt certain restrictions should be put on buildings out there and build a building that looks like a home as opposed to any rectangular block building as the neighborhood across the waters. Quesnel stated he felt this zone had a lot to say for it and he would request the Commission give it serious consideration. Goecke commented that where Quesnel resides is one of the earlier Woodland homes. Quesnel stated he had to wait for it to be completed to move in in 1968. Goecke asked if he knew how large his lot size is. Quesnel stated he didn't know but added it is on a corner. Goecke asked how long he had lived there stating that with Quesnel being one of the early residents of Woodland and that the lot size seems to be a basic stumbling block. Goecke stated he thought it would be helpful if they knew what the original lot sizes were. Quesnel stated it is one of the larger ones as it is one of the first homes built. Mr. Christian stated they had done a survey and part one, the first development, they counted 1131ots. The majority of those, 54% were over 13,000 square feet; all of them were over 11,000. Christian stated the original plan was to have the larger size lots. Planning & Zoning Commission Page 22 Minutes May 22, 1996 Bryson stated along the same line that the lot configurations are highly dependent on where they are in the subdivision. Bryson stated there were several situations in the first addition that included an area that was platted for multi-family, a long stretch of road that had double frontage on Forest Drive and the interior road and those lots were higher, and it went over to the other side where there was bluff and had a curving road and they felt they weren't going to be able to develop them so they made the lots larger. Bryson stated it is correct to say the median lot in the first addition was 12-14,000 square feet. Quesnel stated he would agree adding his is a corner lot. Quesnel asked them to take into consideration the type of subdivision that is allowed to be built alongside of the better subdivision. In other words, not allowing pig pens alongside adding he didn't like pig pens. Raphael Moore-Stated he was talking to somebody the other day about Clint Hall who works for Clint Hall and told him Hall could buy anything he wants. Chairman Walker advised Moore to address comments to the item being discussed and that is the creation of a prime residential zone. Public Hearing Closed. Bryson stated he has a series of concerns regarding the proposed ordinance. First, an area that has the potential of being referred to as prime residential, Section 36 between the Spur Highway and the bluff was broken into four large tracts. Those tracts were sold by the city. The city had specific development requirements concerning the roads. They were required to put in water and sewer, paved roads of specified widths, sidewalk, curb and gutter, and lighting. Bryson stated that to date, this being at least ten years later, several of the people who bought the property have turned the property back to the city. There has been absolutely zero work there and the reason is because there is zero market for that type development. Bryson added that may not be the case next year but it has been the case the last ten years. As far as developing access, water and sewer, etc. it parallels this situation. Bryson stated his comment was that developers now plat to whatever size they wish larger than the minimum. Bryson stated that he worries about the proposed numbers which are proposed as absolute minimums. Unless you are going to put in rectangular lots, you don't come up with minimums. You have waste property. Bryson stated if you have a minimum for a lot to make things work out, it usually ends up being bigger than that and that cost is transferred to the people that would buy the property. Bryson stated there is an RS2 zone that allows single family and duplex residences. It has been in effect for ten years; there has been no interest in petitioning to be included in this zone. Bryson stated that by no he means zero. No one has requested to be in that zone at all. This is the type zone that would have provided some protection to people in Woodland from multi-plexes other than the covenant situation. Bryson reiterated there has never been any interest in it. Bryson stated these are the things he would use to argue against the proposed Planning & Zoning Commission Page 23 Minutes May 22, 1996 ordinance. Bryson stated he doesn't feel that developers feel they can market a zone like this. Goecke commented that Section 36 properties was sold in the early 80's and in the mid- 80's when the economy when south is when everything fell by the wayside. Goecke stated he thinks one person in particular would have done something with his had the economy not gone south. At about the same time the Inlet Woods fiasco happened. Goecke stated his original and main support for the RP zone is the fact that it is there if somebody wants it they don't have to go and throw a bunch of covenants at it. Goecke stated covenants are only as good as people who are living there at the time. The zone would take care of things and covenants would not be needed. Goecke are we talking about letting Woodland rezone themselves into this RP zone, Goecke stated that would be up to the residents of Woodland. Goecke stated that Mr. Bryson is probably right that nobody right now is going to come out and ask for ultra tight restrictions if they are making a very large subdivision. Goecke stated he thinks there is the capability and hopefully in the near future of some smaller developer coming in and saying Kenai is where I want to make my stand. Goecke stated that is his reason for support of this. Mahurin stated current unemployment is 17 plus percent, school enrollment is down district wide. However, because the economy seems to be at a stalemate right now does not mean we don't have an opportunity to plan for the future. Mahurin stated she thought it would be very helpful if they had an opportunity to have a progressive thought to plan for future to plan for a subdivision like this. Mahurin stated this is their opportunity but this doesn't mean I support going into neighborhoods or making them conform or rezoning. Mahurin stated that is a different issue. Mahurin stated she supports the concept of this zone as written and will vote it. That doesn't mean she supports going back in and rezoning the current subdivisions. Werner-Quade stated she has a question about the lot size as Bryson stated and that for the developer it can create a lot of waste or unusable portions. Werner-Quade asked if that is what she is hearing. Bryson stated the RS2 zone has a minimum of 7200 square feet and requires a lot width of 60 feet. Bryson noted the normal lot platted is normally in the 10 to 12,000 square feet size and probably in the range of 75 feet wide. Bryson stated they are not platting lots at the minimum size. Part of this is because if that is the minimum you work with you will end up with a certain block that you can only squeeze five lots out of it. Werner-Quade stated this has been her only area of concern, that being the 15,000 square feet. Werner-Quade stated that even though she will support the RP zone she would really be supportive of maybe smaller minimum lot size adding that she thought the Christians had said they would be willing to discuss this. Werner-Quade noted that even Mr. Quesnel had state his lot size was about 11,000 to 13,000. Werner-Quade Planning & Zoning Commission Page 24 Minutes May 22, 1996 asked if they could work with the figure and get it cut down some so it will be more attractive at the onset to these potential developers. Werner-Quade stated this would make her feel good about supporting this. Werner-Quade stated she concurs with Ms. Mahurin's statement that rezoning is a separate issue. Bryson stated the area he supports of the ordinance is limiting some areas to single family only. The lot areas are way out of line and feels this best use for this ordinance would be one that is created so that Redoubt Terrace and Woodland and subdivisions developed to that level improvements can adopt it. Walker stated he would like to make a couple comments. Walker stated he has heard that they have an opportunity to create a zone. Walker stated the concern with this opportunity is that they are creating legislation that he truly believes will not be used by any developer in this community as there is absolutely nothing in the laws of this city or the ordinances of this city that prevents a developer from putting in exactly what you are asking for except for economics. Walker added that if there were that many people who truly wanted this type of subdivision, he believed they would in fact have this type of subdivision. Walker stated some of these requirements as far as lot sizes are similar to what is seen in VIP. Walker stated that VIP is a very nice subdivision adding that he doesn't happen to live there but they have large lots and many beautiful homes. Walker stated he doesn't see anything in the ordinances against duplexes and it doesn't seem to be an issue from VIP. Walker stated they had also heard about overlay districts. Walker stated he does not now, nor will he ever, support an overlay district that restrict current land uses and that includes the borough's proposed and past ordinance on the Kenai River Overlay District. Walker added that is a very different issue in it's entirety and the city has not accepted it as yet. Walker stated he also believes that he believes that if they try to pass this type of an overlay district onto other property owners that have not requested this type of zoning that this would constitute a taking and they would have legal recourse. Walker stated as far as lot sizing, they are showing 15,000 square feet proposed in the draft ordinance. Walker stated if they were to truly have an upscale, upbeat neighborhood, he would think an acre would be a good minimum lot size. Walker stated in the lower forty-eight, you will have two to five acres and sometimes more, definitely bigger than 15,000 square feet. Finally, RS2 is still unused noting it has been 10 years. Walker added there is also the recreational zone that has been on the books many, many years and they have not been used. Walker stated as such, he does not favor creating another piece of legislation that in fact will come to no purpose. Walker stated if a developer was to come in and say they would like to have this zone created and has a piece of property to put in the zone, Walker stated he would have absolutely no concern. Walker stated they have been discussing this item off and on for nearly a year and he has not heard one developer come in and ask for more restrictive zoning and until that time he has a concern creating more legislation. Planning & Zoning Commission Page 25 Minutes May 22, 1996 '~ VOTE: WERNER-QUADE YES GOECKE YES BOOTH YES MAHURIN YES BRYSON NO WALKER NO MOTION PASSED 4-2. Chairman Walker advised this will be sent to council and they will address is as far as introducing an ordinance. Walker thanked the public for coming and testifying. 7. NEW BUSINESS: 8. OLD BUSINESS: a. Richka Park Purchase or Trade Mahurin stated that her intent was not to make any motions adding that she knew that Werner-Quade attended the Airport Commission meeting last week and was hoping she could share with the Commission. Mahurin asked when the Airport Commission would meet again and is this on their agenda so they could have a time frame to know what they are looking at for the airport buffer zone. Werner-Quade stated she did not know when the next meeting was but they did agree to put it on their agenda for discussion. Werner-Quade added there was just a quorum added that the Christians had been there and she had attended as a member of the public. Werner-Quade noted that she lives on the opposite side of the airport and has concerns of her own regarding buffer and that she had previously served on the Airport Commission. Werner-Quade stated it came as quite a surprise that people were there and didn't understand what was being discussed. Werner-Quade added that the audience was divided on the issue. Half of the people were speaking to the Clint Hall subdivision in Richka Park and the other half speaking to something of a proposed buffer zone. The Airport Commission is in the process of doing a master plan for the airport but they agreed to look at the possibility for a buffer zone. Werner-Quade stated it is her personal feeling that they were generally defensive and felt that it wasn't a needed thing. Werner-Quade added that was a personal feeling and perhaps the Christians had different feelings. Werner-Quade stated that she had presented a Clarion article from 1994 talking about a 737 that took off one morning and a map which was the only map from a couple years ago. Werner-Quade talked about the wording in the Comp Plan about growth at the airport. Werner-Quade stated she had also read out of the Anchorage Comp Plan and again read a portion about the need to develop short-range implementation projects and programs to implement the long- range recommendations of the plan. Werner-Quade stated she sees this as why not start now. Werner-Quade stated she had said that any recommendations to council that can Planning & Zoning Commission Page 26 Minutes May 22, 1996 be made, let's try to do it. Werner-Quade commented that everyone was saying that there is no money. Werner-Quade passed her map around showing her concern for the other side of the airport. Werner-Quade noted she feels a buffer strip needs to go all the way to McCollum Drive commenting that you won't want to put a Challenger Learning Center into a clear cut area and a potential buffer might be needed for any kind of expansion that would be going up Marathon Road. Werner-Quade stated this is what the borough recently did when they reclassified land. Werner-Quade stated she had gotten a paper from the Airport Commission on the float plane facility and added that it appeared to her that they felt there wasn't any noise. They justified that by saying these are the FAA standards and if the FAA says there is no noise, there is no noise. Werner-Quade stated that is how she heard it but stated that the reality is that the noise and low-flying aircraft exist. Werner-Quade added she had brought the paper about obtaining property for public use to the Airport Commission noting it was clear that the property would be for a buffer, that being the public use. Werner-Quade commented that the Acting Airport Manager Holland had said that if you don't call and complain they don't know it is happening. Werner-Quade stated that the public had said they would call and report it. Werner-Quade added that he had brought up a good point that the FAA holds the reigns on the low flying aircraft. Werner-Quade reiterated that there had been a mixed bag of complaints at the meeting. Mahurin asked when the next Airport Commission meeting was and was advised of the date. Mahurin asked if this would be on the agenda and Werner-Quade stated that was what she had heard. Mahurin asked if the motion she made at the last meeting will continue to after that meeting. Mahurin asked her question was with procedure noting that since they don't have a report from the Airport Commission, do you consider this a continuance to the June 6th meeting and then could it be on the P&Z agenda? Walker stated he felt that could be done easily by unanimous consent, is anyone opposed to that. Bryson stated he would abstain. Chairman Walker advised to place this on the June 12th agenda under Old Business. Smalley advised with regard to FAA, they control the height and the take-off patterns from the arrival and departure at the Kenai Airport. There are specific altitudes that aircraft are required to fly. When they are below those altitudes or outside of a pattern, it is up to the tower to report those planes by number, pilot, etc. and that does take place. Smalley stated as far as the noise level, what an individual in one's home determines to be a noise level that is intolerable is probably different than what the FAA who monitors that noise level and uses certain legal decibels as a guideline. Smalley stated the FAA doesn't feel there are sufficient violations to warrant any changes. There have been lots of complaints. Werner-Quade stated that is correct and this is important because there can be money from the FAA to purchase property as a buffer if there is found to be a problem. So far, they have not found a problem. Planning & Zoning Commission Page 27 Minutes May 22, 1996 Werner-Quade asked the Chairman if they could ask Mr. and Mrs. Christian as to their perception of the Airport meeting. Christian stated his perception was that they were very receptive to the idea. (From here tape unclear as Mr. Christian was speaking from audience.) Walker stated that most industry standards allow a maximum of 85 decibels at the property line of continuous noise, not intermittent. Walker stated that the noise from propellers would be intermittent and the federal regulations may allow a greater quantity of noise crossing your property line before they consider it a nuisance. Walker added he thought that at a borough level it had been analyzed for some of the plants in the North Kenai area. When the sound quantities were measured, it was found they were within the measures. 9. CODE ENFORCEMENT ITEMS: a. AAA Taxi Kebschull advised that La Shot had visited the site and that the vehicles had been moved. 10. REPORTS: a. City Council Smalley reported that a copy of the agenda was in the packet. Smalley stated they had speakers concerning the use of Leif Hansen Memorial Park to be restricted to small gatherings and to prohibit the Kenai River Festival from using the facility. It was felt it would be more appropriate to use the area by the ball park where there are facilities to accommodate groups. Smalley advised it is up to the Parks and Rec Director and the City Manager to determine usage. Individuals had reported damage to trees planted there. Smalley stated the city has conflicts with baseball tournaments which are already scheduled. Marion Nelson spoke to the city on two different items; one in support of the festival using the site and support of the City Manager. Smalley advised that C1 reduced the COLA from 2.7 to 2.0. Smalley advised the rest of the items passed. Item 4, increased revenues it was a donation and needed to be appropriated for completion of the feasibility study for the learning center. Smalley added it is not 286 level but state of the art. Smalley commented that 286 is above the space shuttle technology. Planning & Zoning Commission Page 28 Minutes May 22, 1996 At the next meeting the budget will be introduced. Smalley stated adjustments were made; several items were removed that had previously been removed in work sessions but still showed up in the document. Approximately $36 to $40,000 were taken out that had previously been removed. Smalley advised that Item 9 was the Alaskan proposal for the aircraft fire fighting facility which would be placed north of the present facility on Marathon Road. This would be on the same tract at the Challenger Learning Center. There are nine in the US and four or five under consideration for construction at approximately $9.7 million dollars which the airport fund would be accountable for anywhere from $455,000 (the cost of the land) to $955,000, $500,000 from the airport fund for the funding of the training facility. The rest is federally funded. Smalley stated this is going well and there is a lot of support for this facility here. Smalley explained the facility and stated there would be a potential to bring in funds from Korea, Japan, etc. who may want to use the facility. Bryson asked about the Mission Street improvements. Smalley stated there was talk about attaching funds which cannot be done. Smalley stated it dealt with the ROW and it remaining in perpetuity and Smalley had questioned if the city could do anything with perpetuity. Smalley stated the State Highway Dept. wanted an agreement between the church, state, and the city with a statement stating the ROW would remain with the city in perpetuity. Smalley stated they will have to knock that statement out. Bryson asked if the project had been bid. Smalley stated he thought it had been and was scheduled for construction this summer. Walker asked if there was a resulting public action from the executive session. Smalley stated the announcement was to draft a severance agreement to present to Mr. Manninen at the meeting on June 19th. b. Borough Planning Bryson stated the consent agenda at the May 13th meeting had been approved without deviation. Item El, Bryson stated dealt with an ordinance requiring permits for certain land uses within the borough. Bryson stated the borough assembly has drafted an ordinance controlling the use and reclamation of barrow pits and restrictions on halfway houses. Bryson advised that the borough planning had stated that public comment should be provided before taking a position. Because this is an assembly ordinance, Bryson stated it was probably on their agenda this past Tuesday. Item Hl an ordinance authorizing conveyance of lands was a situation that the borough acquired property from the University of Alaska to construct K Beach Elementary School. Bryson stated there was an offer to trade land to rectify the situation. The property Planning & Zoning Commission Page 29 Minutes May 22, 1996 was a tract of land within the City of Kenai and Bryson stated he thought it was 38 acres with about 2000 feet of bluff frontage behind Eadies. Bryson stated he had concerns feeling that the property being traded was worth more than the property that was acquired. Bryson stated he was in the minority and the item passed. Bryson stated they are battling through with name changes and in particular one difficult one in the Ridgeway area, Spruce Street. The discussion on that item is continuing and administration has been requested by the Planning Commission to widen advertising and include people in the area presently called River Street. Bryson explained that staff wanted to name everything River and there was some opposition. c. Administration Kebschull advised that the zoning map has been reviewed and corrections sent to the borough. Kebschull noted administration hopes to provide each Commissioner with a personal copy. 11. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission Page 30 Minutes May 22, 1996 ~ Kristine Schmidt-Stated she appreciates the change from merely posting the agenda to having it in the newspaper but would ask that it be published in the newspaper at least a week before the meeting. Schmidt also asked that some explanation of what the resolutions are using the borough assembly agenda as an example. Schmidt stated that for example the Conditional Use Permits and just looking at them you don't have an idea of what they are about. Schmidt stated she would also that a street description of where the property is located and not the just the legal description commenting that most people don't know places by the legal description. 12. INFORMATION ITEMS: a. KPB Administrative Approval of Hakkinen Estates Subdivision & Sprucewood Glen Subdivision No. 7 b. Kenai River Special Management Area Advisor Board Minutes of 4/4/96 c. Work Session on Prime Residential Zone Minutes of 4/10/96 d. Memo from Robert C. Springer, Building Official 13. COMMISSION COMMENTS & QUESTIONS: Mahurin asked if packets were available to the public. Kebschull advised they are available with notice as only one extra packet is made. Kebschull added they are welcome to obtain copies but they may have to wait for them. Kebschull stated that regarding Ms. Schmidt's request that the agenda be published earlier, the agenda is not even prepared until Friday morning and that people in the administration have until noon to place items on the agenda. Kebschull added that public hearings are published as required by code at least ten days before the meeting. 14. ADJOURNMENT: Meeting adjourned at approximately 10 p.m. submitted: Kebschull Administrative Assistant Planning & Zoning Commission Page 31 Minutes May 22, 1996