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HomeMy WebLinkAbout1996-06-12 P&Z MinutesCITY OF KENAI ~~ ~ PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo June 12, 1996, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: May 22, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-43-Preliminary Plat, Strawberry Fields Forever Subdivision b. PZ96-44-Preliminary Plat, Buxton Subdivision No. 2 6. PUBLIC HEARINGS: 7. NEW BUSINESS: a. PZ96-42-Conditional Use Permit-Surface Extraction of Natural Resources (Gravel), W 1/a, NW 1/, S 10, Lying North of Beaver Loop within T5N, R11W 8. OLD BUSINESS: a. Richka Park Property for Airport Buffer Zone 9. CODE ENFORCEMENT ITEMS: a. Letter to Hanson Roofing, 309 Birch Street b. Letter to Roy Wright, Wildwood Station Road 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission Page 2 Agenda June 12, 1996 12. INFORMATION ITEMS: a. Request for Reconsider Memo from City Clerk Carol Freas b. Challenger Learning Center c. Notice of Borough Planning Commission Action of May 28, 1996 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION June 12, 1996 ***Minutes*** 1. ROLL CALL: Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, John Booth, Karen Mahurin, Kevin Walker Others Present: Councilman Duane Bannock, City Engineer Jack La Shot, Administrative Assistant Marilyn Kebschull 2. APPROVAL OF AGENDA: GOECKE RECOMMENDED APPROVAL OF THE AGENDA AS PRESENTED AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY BRYSON. NO OPPOSITION TO UNANIMOUS CONSENT. AGENDA APPROVED. 3. APPROVAL OF MINUTES: May 22, 1996 MAHURIN MOVED FOR APPROVAL OF THE MINUTES OF THE MAY 22, 1996 MEETING. MOTION SECONDED BY MR. BRYSON. NO CORRECTIONS NOTED. CHAIRMAN WALKER ASKED IF REQUEST FOR UNANIMOUS CONSENT AND MAHURIN CONFIRMED THIS. NO OPPOSITION TO UNANIMOUS CONSENT. MINUTES APPROVED. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-43-Preliminary Plat, Strawberry Fields Forever Subdivision: BOOTH RECOMMENDED APPROVAL OF PZ96-43 PRELIMINARY PLAT. MOTION SECONDED BY MAHURIN. Chairman Walker asked for additional staff comments. La Shot stated nothing additional but asked that the Commission note the recommended contingency of the note he would like placed on the plat. Planning & Zoning Commission Minutes Page 2 June 12, 1996 I Walker asked if anyone in the public wished to address this item. No comment received. Item brought back to the Commission. Booth asked La Shot if the owner was aware of the request for the right of way. La Shot stated they were noting he had had a couple conversations with them and had met them on the site. Booth clarified that they had agreed to the right of way. Bryson asked for clarification if the intent of the motion was to incorporate the recommendations of the City Engineer. Booth stated yes and the second concurred. Walker stated that is the intent. VOTE: GLICK YES BRYSON YES WERNER-QUADE YES GOECKE YES BOOTH YES MAHURIN YES WALKER YES MOTION PASSED. b. PZ96-44-Preliminary Plat, Buxton Subdivision No. 2: GLICK MOVED FOR THE APPROVAL OF PZ96-44. MOTION SECONDED BY GOECKE. Chairman Walker asked for additional staff comment. La Shot stated he would like to add the recommendation to maintain at least a 20 foot utility easement in place of the proposed right of way vacation. That would be to bring in water and sewer services to the proposed Lot 6A in the back. La Shot noted that without that, water and sewer is not available without an installation agreement to run the main lines. Chairman Walker asked Mr. Glick if he wished to amend his motion. GLICK STATED HE WOULD AMEND HIS MOTION TO INCLUDE THE PROPOSED UTILITY EASEMENT WHERE THE VACATED RIGHT OF WAY WILL TAKE PLACE. GOECKE CONCURRED WITH THIS AMENDMENT. Walker asked if anyone in the public wished to comment on this item. No one commented. Item brought back to the Commission for discussion. Bryson asked La Shot if Harding Street extended to the south to a dedicated right of way now. La Shot stated it extends to Second Street noting it is a half dedication all the way through. La Shot stated he doesn't oppose the right of way vacation, to eliminate it. La Shot stated they had proposed to put a cul-de-sac there on the proposed Lot 6A for a turnaround should access be needed from the south. La Shot stated that Planning & Zoning Commission Page 3 Minutes June 12, 1996 half dedications have always been a problem for the city and without the utility easement the only way they could serve that lot would be to extend main lines from the south. La Shot stated this way they could serve it from Third Avenue by constructing service lines. La Shot stated the city will normally allow people to extend across one lot if they have an easement available to the service line. Bryson stated he didn't know what the relative elevation was for the sewer on Third and Second, but asked if it is reasonable that sewer could be developed just as easily. La Shot stated they are both deep enough. VOTE: BRYSON YES GOECKE YES MAHURIN YES WALKER NO WERNER-QUADE YES BOOTH YES GLICK YES MOTION PASSED, 6-1. 6. PUBLIC HEARINGS: 7. NEW BUSINESS: a. PZ96-42-Conditional Use Permit-Surface Extraction of Natural Resources (Gravel), W 1/z, NW 1/, S 10, Lying North of Beaver Loop within T5N, R11W: GLICK MOVED FOR THE APPROVAL OF PZ96-42. MOTION SECONDED BY GOECKE. Chairman Walker asked for additional staff comments. La Shot stated that the code requires that on a Conditional Use Permit for extraction of natural resources that it be placed on the agenda for the first meeting available for the Commission's review. At that point, additional information can be requested or clarification can be obtained. La Shot stated it would be scheduled for a public hearing at the following meeting if the Commission agrees. La Shot commented that the Commission should note that the property is presently owned by one party and proposed to be purchased by another party, Dan Krogseng, who is in attendance in case the Commission has questions. La Shot noted the letter in the packet from the present owner/trustee of the property. Walker asked if anyone in the public wished to speak to this item. No comment received. Item brought back to the Commission. Planning & Zoning Commission Page 4 Minutes June 12, 1996 Goecke asked if this property was part of the property that the title seems to be in question on the estate; although, stated he didn't know if the Commission needed to be concerned about the matter. La Shot stated he believed this is part of that property adding that Mr. Krogseng may be able to answer that question. (Note: Krogseng answered questions from the floor and was inaudible on the tape during much of the conversation.) Krogseng stated that basically he made the offer on the property with the condition that the permit be granted and transferred. Krogseng stated it has been resolved as far as he knows adding that it will have to go back to court and at that time the title will be transferred. Goecke stated he was certain that at least on part of this property there was a severe problem and he was hoping that Mr. Krogseng, as the purchaser, would know exactly what was taking place. Goecke added that perhaps the Commission doesn't need to concern themselves with but would hate to find out later that they should have concerned themselves. Bryson stated the submittal to the city indicates that you will be taking gravel to approximately 15 feet depth and that the water table is at six foot depth. Bryson asked how Krogseng proposed to lower the water table an additional ten feet. Krogseng stated that it will be extracted with an excavator and then dried using basically the same idea as Fosters. Bryson questioned Krogseng's proposal of not having setbacks on two sides. Krogseng stated he had looked at Fosters permit and they didn't have one on their permit adding he figured that if they didn't have one and it was granted to them. Krogseng added that he has no problems with setbacks or putting it back in. There will be quite a bit of footage. The other side is up against Foster's and hopefully the plan would be to continue the lake idea. Foster's idea was to put a lake in and Krogseng stated he would like to hook onto that area. Bryson clarified that he wouldn't be proposing that that be a stockpiled topsoil. Krogseng it is possible and if it was required it wouldn't be a problem. Booth asked if there were any homes surrounding this property. Krogseng stated there are no homes anywhere near it adding it is up against the other pit. Next to that is Doyles and then Chester Cone's place. Krogseng commented that it seemed like a likely spot to continue with a gravel pit. Bryson asked the proximity of this area to the Bridge Access Road? Krogseng stated it is about 1/3 mile from there. Krogseng added that from Barabara Road it is approximately one-half way from there to Bridge Access. Bryson clarified if that was the westerly side. Bryson asked if the Wrights have the property to the west of it and Krogseng verified that. Krogseng commented that the area he will be purchasing has Planning & Zoning Commission Page 5 Minutes June 12, 1996 quite a bit of grassy areas and a good section that is treed along Beaver Loop. Krogseng stated the plan is to maintain that and later to sell home sites along the lake. Bryson commented that the site layout showed the house lot area. Bryson asked about the lateral area on the west that is referred to as buffer area being left in natural condition? Krogseng stated that he believed he had put in the application that he would build a 12 foot containment if necessary; however, noted he doesn't believe it will be necessary as there is a treed area there. Bryson stated that Fosters previously proposed and as they went along they reclaimed the area. Bryson asked if that was Krogseng's intent? Krogseng stated he will save topsoil and respread it. Bryson commented that Fosters had done a very presentable job at their pit. Krogseng stated that they will basically try to do the same thing that Foster has done adding that is why they would like to get away from a buffer area between this area and Fosters. Walker asked how far the point of egress is from the curve? Krogseng stated it is one- fourth mile. Chairman Walker called for the question. Bryson asked for clarification if there was a motion. Kebschull advised there is a motion to approve the resolution adding that by code the resolution cannot be approved without a public hearing. Kebschull advised the motion needed to be amended. GLICK AMENDED THE MOTION TO HAVE IT BROUGHT BACK FOR PUBLIC HEARING AT THE JUNE 26TH MEETING. MOTION SECONDED BY GOECKE. Walker asked if there was any discussion on the motion. None. VOTE: WERNER-QUADE YES GOECKE YES BOOTH YES MAHURIN YES GLICK YES BRYSON YES WALKER YES MOTION PASSED. Chairman Walker noted that a public hearing would be held on this item on June 26tH 8. OLD BUSINESS: a. Richka Park Property for Airport Buffer Zone: Mahurin commented that she felt this should be moved onto council. Mahurin noted she had read the recommendation from the consultant, noted she understands there is Planning & Zoning Commission Page 6 Minutes June 12, 1996 an airport plan and doesn't mean to go around that, but thinks that the Commission has spent many, many meetings listening to the public who have major concerns about this. Mahurin stated she feels it would be most prudent of the Commission to make a motion to move this item to City Council for hearing and a recommendation to pursue purchasing the property in question or trading for it. Mahurin added that if the rest of the Commission would like to discuss it first, she would delay a motion. Mahurin noted she feels strongly that this should go to the council. Goecke stated he understands everything that the neighbors and part of his esteemed Commissioners are saying adding he thinks all of it is very well taken. Goecke stated his belief is that City Council will have the ultimate answer on this but in a sense to give council direction as to what we, as Commissioners, would like to see you do, Goecke stated he is not convinced that the city needs to own this property. Goecke commented that governments owning a lot of property "jerks his chain a little bit" and this is just going out and buying or trading for more property. Goecke stated whether this is a good piece of property and a good use of that property he is not totally convinced that is true. Goecke stated he is personally against purchasing or trading for anything else a bunch of property. Goecke added at least this much, perhaps a slim corridor with trees would be fine but not this much. Walker stated that in the interest of perhaps getting a motion on the table that may have a chance of passing, noted he would like to make a few comments. Walker stated he shares some of the same concerns. Walker stated what he would like to see this evening ,whether or not they actually support the concept of purchasing this property due to very lengthy and strong public concerns, would be a motion asking council merely to review this and not necessarily P&Z endorsing the concept of the purchase. Simply supporting a motion that P&Z ask council to review this item and see if it is something they would consider doing due to public support. Mahurin stated she understands what Walker is saying and appreciates Mr. Goecke's perspective. Mahurin stated she feels this is an opportunity for us because P&Z is in a position to see what was planned and the people have come to P&Z to asked them to be prudent and to have foresight and to do some real planning. Mahurin commented that when she drives by Mapco here and Mapco in Soldotna, there is a significant difference. In Kenai, there are trees and it looks like there is going to be some lawn and there is not the huge sign that was voted down. Mahurin commented that here in Kenai again we have a chance to establish a conservation zone and to put a little previous planning into it. Mahurin stated that granted the Airport Commission has not had the input that P&Z has had because they are doing a different business than P&Z. Mahurin stated she feels it is prudent for P&Z to tell City Council that because of the public testimony and the concern and what we have listened to that P&Z do recommend that City Council have a public hearing and take some action on this. Mahurin stated she feels that if they don't, it will continue to keep coming back to P&Z adding that she likes to see a finality to a process. Mahurin stated she doesn't want to see it just Planning & Zoning Commission Minutes Page 7 June 12, 1996 hanging out there. Mahurin added that she is afraid that if they don't send a recommendation up that the City Council will not do something with it. MAHURIN MOVED THAT PLANNING & ZONING FORWARD A RECOMMENDATION TO THE CITY COUNCIL THAT THEY PURSUE THE PURCHASE OR THE TRADING OF THE PROPERTY IN QUESTION FOR THE ESTABLISHMENT FOR AN AIRPORT BUFFER ZONE. Walker asked for clarification, prior to the second, the property is the Richka Park Property. Walker asked if there was a second to the motion. NO SECOND. MOTION DIED. MAHURIN MOVED THAT THE CHAIR WRITE A LETTER TO CITY COUNCIL STATING THAT WE HAVE A CONCERN ABOUT THIS PROPERTY, THAT WE HAVE RESPONDED AND LISTENED TO A LOT OF PUBLIC TESTIMONY AND WOULD THEY PLEASE SCHEDULE A PUBLIC HEARING FOR THEIR INPUT AND POSSIBLE ACTION. NO SECOND. MOTION DIED. GOECKE MOVED THAT PLANNING AND ZONING REQUEST CITY COUNCIL LOOK AT THIS IN SOME FUTURE MEETING SO THAT THEY ARE AWARE, ADDING HE IS SURE COUNCIL IS AWARE IF THEY ARE READING THEIR PACKETS. Walker asked if Goecke was making a motion that they look at it or we request they look at it. Goecke clarified that we request they look at it and then give P&Z some direction for where to go. MOTION SECONDED BY GLICK. Bryson stated he would be abstaining as his firm has had business with the owners of that parcel. Glick asked the motion be read. Goecke stated that basically he wants to have City Council look at this but doesn't want to send them any guidelines. Mahurin commented that never having served on council, if P&Z just sends them a letter asking them to look at it and they decide no, then that's it. Mahurin asked the group, what they thought; will City Council look at it. Walker asked Bannock if he would look at it. Bannock stated he would respond to Mr. Goecke's comments earlier about the minutes. Bannock stated the minutes have been read and have been commented on. Bannock added that this is not the only commission that has dealt with this property noting that Planning & Zoning Commission Page 8 Minutes June 12, 1996 Airport Commission has had this in front of them as well. Bannock commented that in the commission's search to find a motion to get to council, Bannock stated he had made some notes. Bannock commented that maybe what is on their mind is P&Z made a motion to the council requesting council's involvement in what direction they want you to go. Bannock noted they have all heard about it and have had it for months. Bannock stated the Airport Commission has had it. Bannock stated that on this specific issue there has not been anything at council. Bannock stated that perhaps the motion to council is for a request for guidance to the commission and then that would make council commit to something to bring back to P&Z. Bannock stated that was just an idea. Walker asked Bannock if he would answer his question that being would he look at the item on a council level based on the current motion. Bannock responded no. Booth stated he felt given public comment that the issue is not going to go away and it needs to be addressed somehow whether they decide as a group not to pursue it or to push it on to City Council. Bannock stated he doesn't know what prompted this letter from Mr. Ernst but one of the things that this commission does have the ability to do to bring closure is to simply make a motion as Ms. Mahurin attempted to earlier and vote it down. Bannock stated he doesn't feel it is fair for a motion to languish around without a second adding that is definitely a way to take a position. Bannock added, have the motion made, make a second, debate the motion, and then vote it down. It may not be the answer that everyone wants to hear but it is definitely taking an action. Bannock commented that he feels that is what is owed to the public. MAHURIN AMENDED THE MOTION TO REQUEST THAT FORWARD ALL INFORMATION IN A PACKET TO CITY COUNCIL WITH A REQUEST FOR THEIR GUIDANCE BACK TO P&Z ON THIS ISSUE, WHICH IS THE PURCHASE OR TRADE OF RICHKA PARK PROPERTY FOR AN AIRPORT BUFFER ZONE AT THE FIRST POSSIBLE MEETING DATE, DATE CERTAIN JULY 17TH. BOOTH SECONDED THE AMENDMENT. Walker asked that the original motion be read and then the proposed amendment. Kebschull read original motion noting as she understood Mr. Goecke, "Request that Council look at this purchase and in no way to ask them to do anything other than look at it." Kebschull read the amendment, "Request that we forward all of the information in a packet to council with request for their guidance back to us on this issue which is the purchase or trade of the Richka Park Property for an airport buffer zone at the first possible meeting date and that would be July 17tH." Walker asked if Mr. La Shot would like to enter comments into the record on this item. La Shot stated he has no further comments other than he feels they have reviewed the information and the input from the Airport Commission and the Airport Manager. Planning & Zoning Commission Page 9 Minutes June 12, 1996 Kebschull asked for clarification as to what information administration is to send to council since all there is are the minutes which council has already received. Bannock advised that the letter from Airport Manager Ernst would be important as well as selected copies of the minutes. Mahurin stated she would like to make sure council had all of the public testimony which is germane to this. Mahurin added that there have been three or four public hearings wherein the public has commented. Mahurin stated she realized they have been in their packet but if they are going to study the issue to make a recommendation she felt it would be important for them to have that information at their finger tips. Werner-Quade commented that the minutes from the Airport Commission meeting where the public turned out to speak. VOTE ON AMENDMENT: GOECKE YES BOOTH YES MAHURIN YES GLICK YES BRYSON ABSTAIN WERNER-QUADE YES WALKER NO AMENDMENT PASSED. Walker stated he would like to comment specifically, as was stated earlier, he basically supports the concept of the council having the right and authority to review this matter and make their judgment and decision on this matter. Walker commented that he does not believe that they will pursue this purchase. Walker stated he personally does not support the purchase or trade of this property adding he thinks they are being precipitous in this as the Airport Commission and Mr. Ernst have indicated they are currently involved in a study. Walker stated he feels that with experts already studying this problem he thinks P&Z are premature and this is a reaction to the public input that the commission has had. Walker added he supports the public coming in with input. Walker noted he would like to see council read that input adding he thinks they have from the minutes and believes if they wanted to take action, they could put it on their agenda. Walker noted he will not be supporting this measure at this time. Booth asked when the study could be expected to be complete. La Shot stated he wished he could say it was soon but it is a fairly long process noting that when it was started a year ago it was thought that the project would take over two years. La Shot commented it will be some time yet. Mahurin stated she would like to point out to Mr. Booth that in regards to the Historic Townsite in Kenai, there had been quite a study and a task force and the City of Kenai spent considerable time and effort in making recommendation that Planning and Zoning and City Council chose not to follow. Mahurin stated there is a precedence and practice that exists as to commissions making their own decisions on issues. Planning & Zoning Commission Minutes VOTE ON THE MOTION AS AMENDED: BOOTH YES MAHURIN CLICK NO BRYSON WERNER-QUADE YES GOECKE WALKER NO MOTION FAILS. b. Reconsideration of Prime Residential Zone: Page 10 June 12, 1996 YES ABSTAIN NO GOECKE MOVED FOR RECONSIDERATION ON PZ96-41, THE CREATION OF A PRIME RESIDENTIAL ZONE. MOTION SECONDED BY BRYSON. Walker stated it is his belief that this is the Commission's second consecutive legislative day since this item was in fact originally acted upon so it would be appropriate for reconsideration. Item opened for discussion. Goecke stated that he voted for this at the last meeting and after voting and a little bit of time to think about it, Goecke stated, for lack of a better word, he came to his senses. Goecke stated he started to weigh more into it than he had previously from listening to Mr. Bryson. Goecke stated he thinks he erred in his ways and that this is going to create in Woodland a real, big fiasco for the city if they opted to try to put that in that subdivision because of the small lots. Goecke stated that is his reason for bringing this back for reconsideration. Mahurin asked Goecke to explain what he meant based on past discussion that it was clear to the commission that it was not intended to be used as an avenue to try to bring this into an established subdivision like Woodland where the criteria would not be met. Mahurin stated she was not following his logic. Goecke stated the reading he was getting from the individuals is that if the city has a prime residential zone, they are going after it. Goecke stated he feels strongly that they will try to make Woodland Subdivision a prime residential zone and grandfather themselves in with what they got. Goecke stated that is his concern. Goecke reiterated it was his feeling that they will try to rezone themselves. Mahurin stated that her comment to them was that although she supported a prime residential zone, she would not favor something like that. Mahurin stated she felt they were all in agreement on the Commission that that was not the intent. Mahurin stated she will be voting against a reconsideration. Booth asked for clarification what the residents would need to do to reclassify their property. Booth added that he agrees with Ms. Mahurin but would like to understand Planning & Zoning Commission Page 1 1 Minutes June 12, 1996 what they would have to do to reclassify their property so he could get a better understanding if that was even possible. Booth asked if they had to have general consensus of all the property owners or are they talking about individual reclassifications of their own property. Walker stated that before answering that question, reclassifying it to what? Booth stated prime residential and Walker noted their lot sizes do not conform. Booth stated he understands that and instead of just walking away not understanding would like to understand why it is being brought up. Booth stated it didn't make sense to him agreeing that the lot sizes are too small. Walker asked Mr. La Shot to explain to Mr. Booth the process for rezone. La Shot stated the majority of the property owners by petition could initiate a rezone. The commission could initiate it, or the council. La Shot stated that if they were successful in having a rezone, existing non-conforming properties in this case could possibly have grandfather status. La Shot noted that zones have been changed in other parts of town where there were uses or lot sizes or whatever that were at that time legal, they went on to have a grandfather status at that point. La Shot stated that whether the appropriate bodies would vote to rezone a subdivision where many of the lots do not conform is a different question. Bannock commented that if the only way to rezone was through the majority of the owners, that would be the perfect democracy. The last time City Council invented a zone that became the TSH zone that was literally crammed down some people's throats. People came in before council, P&Z, TSH Board, and said we don't want this, but all it takes is four votes to do it. Bannock stated that Ms. Mahurin may be absolutely correct that by having a zone on the books at any given time, there is no guarantee that four votes won't take that zone and put it on a lesser zone right now. Bannock stated that has happened and by having it on the books, it is very possible to happen. Bryson stated his views are well known on the issues and thus won't reiterate that. Bryson stated he would state that all it takes is for a planning commission to make a determination that a deviation from that zone is insignificant and have four people in favor and have the council do the same thing, and you've got an area that is modified in a zone. Bryson stated he has less problem with that; although, feels the lot areas are completely out of line with what is reasonable. Bryson stated the greatest danger in the use of that is as a tool in other areas. Bryson noted that the Planning Commission had already turned down an attempt to rezone a portion adjacent to them into the same zone that Woodland Subdivision is through public comment. Bryson stated he feels that same situation could be extended out beyond that subdivision from an area that isn't affected. Bryson stated he thinks it is somewhat of a moral issue. Werner-Quade stated she had asked questions at the last meeting about the huge lot size and there were things that she was really uncomfortable with. Werner-Quade added that she had heard so much from the public on and on again, especially from Mr. Christian who really worked hard on this issue that she supported it. Werner-Quade added that in the back of her mind she had reservations and has had for a few Planning & Zoning Commission Page 12 Minutes June 12, 1996 meetings. Werner-Quade commented that in the last week she had picked up a manual the commission had been provided about being on a commission in Alaska. Werner- Quade noted that it was interesting that she picked it up and it turned to a page that said you must be very careful when you have a lot of public testimony that you are not swayed into what the public is wanting you to do. Rather, it said you need to have a clear understanding of what the issue is and then make your determination. In essence, even if you were risking stepping on that citizen's toes. Werner-Quade stated it made her realize that maybe she should have followed her inner conscience was telling her and there are some things about this prime residential zone that aren't right, they don't sit right, and they haven't for quite some time. Werner-Quade noted her position was always trying to save face in front of public with the testimony that she had heard commenting she did recognize the work and the evolution of the whole process from the public. Werner-Quade stated that retrospectively her reservations for the zone are going to supersede her feeling from public audience. Werner-Quade noted she will have to pay when the public calls saying that yes she changed her mind, yes that she did it when they weren't here, but no I wasn't doing it behind your back and try to tell them the correct reasons why. Werner-Quade stated that perhaps in the future they could look at the RS-2 zone and make some changes there. Werner-Quade stated that in conscience she cannot support the prime residential zone as it sits. Kebschull clarified that the Commission would be voting whether to reconsider PZ96-41 at a public hearing on June 26th. Mahurin requested that the public hearing be held at the July 10th meeting as she will be absent on June 26th. Kebschull commented that the commission may need legal advice to determine if it can be held then. Walker stated he would object to that date because he probably won't be at the July meeting. Mahurin asked Walker if he is saying that they nullify each other's votes. Bryson commented he will be absent at the next meeting also. Walker stated then it should probably be postponed to the next meeting. Mahurin commented that three members will be absent June 26th. Bannock asked to address the 1989 memorandum in the packet, stating who may request reconsideration noting it does not state, and Mr. Graves and he spoke about this and he did not have a positive answer, if it had to be at the next direct meeting. The motion to reconsider had to be at this meeting, but to set a date for reconsideration is not clear. Bannock stated he feels that if the commission were to set it for a particular date, that would be fine. Glick stated he didn't think he would be at the July 10th meeting. Walker asked about the July 24th meeting. Walker asked if the maker of the motion and the second would like to include that date in their motion. GOECKE NOTED JULY 24TH MEETING FOR A PUBLIC HEARING WOULD BE FINE AS A DATE TO BE INCLUDED IN THE MOTION. BRYSON CONCURRED. VOTE: MAHURIN NO GLICK YES BRYSON YES WERNER-QUADE YES Planning & Zoning Commission Minutes GOECKE YES WALKER YES MOTION PASSED. 9. CODE ENFORCEMENT ITEMS: BOOTH a. Letter to Hanson Roofing, 309 Birch Street b. Letter to Roy Wright, Wildwood Station Road Page 13 June 12, 1996 NO La Shot stated that both parties have contacted the city and we are working out the best way for them to approach getting appropriate permits. Glick asked La Shot is Hanson Roofing hadn't been in that area for a long time. Glick asked if no one had ever complained before or what? La Shot stated that is true that they have operated out of their home for a long time but the city has now received a complaint. La Shot stated the complaint was mostly about things that are being stored on the property and smells, etc. 10. REPORTS: a. City Council: Councilman Bannock noted there is a copy of the agenda from the last meeting in the packet. Bannock commented that Acting Vice-Chair Swarner ran the meeting as Mayor Williams and Vice-Mayor Measles were both out of town. Bannock brought attention to Item H7 which was approved on the consent agenda which was P&Z Ordinance 1704-96 involving the item just moved to reconsider. Bannock noted it will be on the agenda at the council meeting on the 19th. At that time it is not appropriate for council to take action as council can only move forward after a recommendation from P&Z which has been put on hold. Bannock stated he will make a motion to table that issue and the attorney will also recommend that that take place. Bannock stated that after P&Z's action on the 24th, council will go forward if necessary from there. Bannock brought attention to Item 11 the discussion amending the lease for the Kenai Fire Arts and Humanities Council to the Kenai Fire Arts Center. Bannock stated that they had asked for some financial assistance in rebuilding the roof. Council was not willing to do that and as a second, council agreed to give them a 20 year lease so they can go out and raise private funds to do what they need to do to that building. Bannock stated they had a five year lease with two years left on it and they felt their ability to get donations to do great improvements to it would be hampered. Bannock stated the city has a big budget that has been passed with probably the longest amount of work sessions ever. The good Planning & Zoning Commission Page 14 Minutes June 12, 1996 news is the tax rates will stay the same but the bad news is the city will be dipping further into the savings account than has been done in the past. The city is not buying too many automobiles or building any big buildings this year. Bannock commented that the budget was a lengthy project and the first time in his three years that there were more non-directly city related people asking for money. Bannock noted they had all been told no. Mahurin asked in the council's decision not to put a roof on the Kenai Fine Arts building if there was a discussion of the history of that building and the historic value of it? Bannock commented yes. Mahurin commented that due to the makeup of the council and how they support those kinds of things it was voted down probably. Mahurin asked if she was correct and noted she thought it was too bad. b. Borough Planning: Bryson noted there were two agendas in the packet. On the May 28th meeting, there were three public hearings. Ordinance 96-14 requiring permits for certain land uses within the borough was reviewed and a recommendation to approve was sent to the assembly. Bryson stated the assembly enacted that at their next regular meeting the following Tuesday. There were a large number of street renames, 34; they were all ~ approved. There was a request to classify borough land within the City of Kenai. Bryson stated the Commission had previously seen the map that was recommended to be approved. Bryson stated he had a copy of the map indicating the zones for the borough property. Bryson questioned one of the zones which he felt may be incorrect and suggested administration get a copy of what they have on the computer as existing zoning and check it. Bryson stated the parcel he had concern with is the property that lies between Inlet View and the vocational area of the high school. They have it indicated as RS-2. There were six plats and one was from the city, Oberts Pillars Subdivision. The next meeting, last Monday, was a lengthy meeting. Bryson stated the meeting started out with public comment from two surveyors, Jerry Anderson and Sam Best. They represented opposite views concerning an administrative decision not to allow a plat to be filed until it had certain information removed from it. After that testimony and later in the meeting, there was a motion to reconsider the action and the planning commission removed one of the staff recommendations from the review. There were seven public hearings. The last four of which concerned the borough area wide. One addressed the Kenai River Habitat Protection tax credit definition. Another one amending the advisory planning commissions outside of the municipalities. Another removed mobile home park chapter from the borough code because it was not being enforced and there had been no intent to repeal it and it had very undefinable requirements. Bryson stated that it basically said that anyone who has a mobile home park has to get a permit, but they didn't have the criteria for a permit. Ordinance 96- 24 was adopting regulations establishing parking size and weight restriction and Planning & Zoning Commission Page 15 Minutes June 12, 1996 i controlled construction within borough rights of way. These are proposing regulations for the administration to use in regulating use within dedicated rights of way as opposed to easements or any other right of way. There were 22 plats, none in the city. Item J, the borough requested a clarification of the definition as to what constitutes initiation of a project for grand fathering construction along the river corridor. There were two motions made, both failed. Effectively, the sentiment was this was an assembly ordinance and something they should look at their intent as to what constitutes ground breaking or initiation of a project. c. Administration: La Shot stated he didn't have anything in particular but would entertain questions concerning what is going on in the city. La Shot added there are a lot of things happening as it is that time of year. La Shot noted the city is a little short handed. Goecke asked if the utilities were all moved for the highway construction. La Shot stated he thought that was all worked out and that they are doing the heavy part of the middle section in front of the high school. La Shot added that they have taken care of all of the city work that involved the water and sewer system and they are wrapping up the intersections at Walker and Tinker. Mahurin asked if there was something being planned in front of Carrs. La Shot stated that earth work was done in anticipation of something but at this point there are only rumors. Goecke asked if there was going to be a light at Walker Lane and La Shot responded yes and there will be another one at Tinker. Goecke asked if they will be padded or timed? La Shot stated they should be pressure padded but will need to check into that. La Shot stated they have had discussion about the placement of mediums especially at Airport Way but noted he is not sure they will bend on that. Referring to the medium at Airport Way, Goecke commented that if he was driving a truck and the state put up a sign at the end of that, he would go out of his way to come down there and knock it over every time he came through there. Goecke commented that the location of the end of the medium is ludicrous. Werner-Quade commented that there is no way you can turn into your closest lane. Glick stated it looks like the divider for the right turn on Walker is narrow, especially for a snow plow. La Shot noted there have been questions on several of their medium placements. La Shot stated they say that the one on Airport Way when making a left it is legal to enter the far lane. La Shot stated he agrees that the medium is at least ten feet too far out. Goecke stated they should ask the police chief if that is legal. 11. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission Page 16 Minutes June 12, 1996 12. INFORMATION ITEMS: a. Request for Reconsider Memo from City Clerk Carol Freas b. Challenger Learning Center c. Notice of Borough Planning Commission Action of May 28, 1996 13. COMMISSION COMMENTS & QUESTIONS: Mahurin stated she has been asked to check into the B&B on Float Plane Road or Third Avenue and see what the official address. Mahurin stated the person who called her does not believe there is a number designation on Float Plane Road. La Shot stated that at one time that road didn't exist but once the road was built they constructed an entrance to their house from that road. La Shot stated he thinks the address does exist. Mahurin commented on her frustration tonight and noted her appreciation of Councilman Bannock trying to get a motion that would be palatable to the commission. Mahurin stated she feels uncomfortable with the reconsideration. Mahurin stated she feels like a deck was stacked before she got here noting it could be her political side that is not real trusting. Mahurin stated in reading about it, noting the information in the packet, and that Councilman Bannock knew about it, she noted she felt unsettled about what may have transpired between the May 22nd meeting and the meeting tonight. Mahurin stated that was a personal feeling she needed to share. Mahurin added that she didn't mean to attack Councilman Bannock about the Fire Arts Center but that is an area that is near to here heart noting her frustration with her perception of a lack of caring by the city council into Historic Townsite. Mahurin reiterated that she will be gone on June 26th and asked to be excused from that meeting. Bryson stated that he will also not be at the June 26th meeting and request an excused absence. Glick stated he wasn't at the last meeting when the vote was taken so all he knew was what was read in the minutes. Glick added that he did call Carol Freas to discuss Robert's Rules of Order as to how this was being done but other than that noted he had not talked to anyone about it. Glick added that had he been here last week, he wouldn't have voted for it anyway so being reconsidered helps his position. Werner-Quade asking Mr. La Shot about Mr. Chumley who had been before the Commission a few meetings back with some property near Princess. Werner-Quade stated neighbors had come to her asking if he had appealed their decision and she had Planning & Zoning Commission Minutes Page 17 June 12, 1996 told them that she wasn't sure but she didn't think that he did. Werner-Quade noted the little green house is gone and there are road construction vehicles there. La Shot stated he didn't believe that they appealed that and what is going on out there is they have some agreement with the people building the highway. La Shot stated he has not seen any permits for that property. Werner-Quade asked Councilman Bannock the status of the City Manager's position noting he was on an extended vacation and asked if he ever comes back. Bannock stated that Mr. Manninen is the city manager, he is on a scheduled vacation, and Mr. Morris is the acting city manager. Bannock stated he believes he returns to work June 17th. Werner-Quade clarified he returns in his capacity before he departs. Bannock stated he has no intention of allowing him to depart. 14. ADJOURNMENT: Meeting adjourned at approximately 8:35 p.m. Res ctful~y Submitted: r' /f M ril n Kebschull Administrative Assistant