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HomeMy WebLinkAbout2017-01-24 Council Packet - Work SessionKEN � sxn u A. Call to Order AGENDA CITY COUNCIL WORK SESSION JANUARY 24, 2017 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, AK 99611 http: / /www. kenai.city B. Introduction — Mayor Gabriel C. Public Comment (limited to 3 minutes per speaker; 30 minutes' aggregate) D. Discussion of Offers to Purchase a Portion of Property and other Options for Property Located at 10095 Kenai Spur Highway, Kenai, KPB Parcel No. 04501003. E. Council Discussion F. Adjournment 1. Name of 2. Business CITY OF KENAI 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 (907) 283 -7535 Ext. 223 Fi z ��,-r LE*SMAPPLICATION For Land Outside the Kenai Municipal Airport Reserve ;;;_ .ORt�ITY:;USEC3IsTLY ? : . S�'natttrs: 3. Business Type (circle one) sole proprietor 5. Mailing Address //-0 /i"A d n y bt �4 6. Telephone _ _. %a 7 93 5-- 0369 7. Email Addri 8. Kenai Peninsula Borough Sales Tax No. (if applicable) 9. Land Requested: If platted, give legal 4. AK Business License No. 9S 91'4 If not platted, attach a site plan showing the proposed dimensions and location on the Airport. 10. Proposed Use of the Property (Be specific) Ae°rloe CXvr,C 11. Lease Term Desired _. N 4 years 12. If you plan to construct improvements or otherwise develop the property: a, Attach a Development Plan (see attached checklist) b. Describe the building type, construction materials, size, etc. 1�� 6tC a v •ti a �• .!o ny C. Construction beginning date M a rc Zy I l i rev C, 't) U d. Construction completion date (maximum of two years) e. Estimated total cost of the proposed development & improvements $ 14. If you would like the City to consider any additional information relating to your proposal, please put it in writing and submit it with this application. APPLICANT'S SIGNATURE: Date:p zQ a Printed name: Jere ✓,, 'S, ._ t %n S' Title: Pr.- APPLICANT'S SIGNATURE: Printed name: Page 1 of 3 Title: Date: i September 30, 2016 Rick Koch Kenai City Manager 210 Fidalgo Avenue Kenai, Alaska 99611 Dear Mr. Koch and Kenai City Council members: My name is Dr. Jeremy Sorhus and I am the owner and principal dentist at River City Dental, Inc. here in beautiful Kenai, Alaska. We have actively been serving the dental needs of the city of Kenai and its residents for the past 15+ years and have immensely enjoyed our continued relationships with the residents here. Those same residents, and our patients, have expressed several ways we can improve our approach to their care. One of their concerns was our current location. We serve a large number of children that attend Kenai Central High School, and many of those parents indicated they wished we were closer to the school and more importantly, for safety's sake, were on the same side of the street so as not to have to cross the busy Kenai Spur Highway. That would allow students to safely get to their appointments, have less of a disruption to their academic day, and would allow them to keep more of their appointments because they wouldn't have to worry about transportation or weather concerns. We have located an ideal piece of property that would allow us to accomplish exactly those goals. In addition, this property would help make us more visible to the rest of the community so we can more effectively treat their needs. Jeremy S. Sorhus, D.D.S. 120 Trading Bay Rd. #280 Kenai, AK 99611 Ph 907 - 335 -0363 Fax 907 - 335 -0364 riv6rcitydental@hotmaii.com Der,, -a) 'r As you can see in the enclosed site plans, we expect that the building will be a beautiful addition to the city and due to its location opposite the "Welcome to Kenai" sign, will augment the beautiful approach into the city and will be a piece of property all the residents of the city can be proud is in their city. The purpose of this letter is to approach the Kenai City Council and gauge interest in selling us the partial part of the lot we think would meet our needs well I am excited to be a part of this project, excited to be part of building a very impressive part of this great city, and excited about continuing the great relationships we have established with the City of Kenai and its residents, and excited about helping to set its future in a beautiful way. Sincerely, Dr. Jeremy S. Sorhus Enclosures Jeremy S. Sorhus, D.D.S. 120 Trading Bay Rd. #280 Kenai, AK 99611 Ph 907- 335 -0363 Fax 907 - 335 -0364 rivercitydenta1@hotmaii.com V r _ FKou� VLEVA.Aal /8 =1 -0 L4 -20 q0 HABITATIONS yxRyE910ENTIAgxLyh�OESION GROU V Ib%MI�`tm fxMllntiY� ��"^��°•RPJ_�Hil d) 07-047 jCIC�FI ( 5IAE eLClJA'il0VA I�1 ^1' U _-- Z9- zn -itdi HABITATIONS gEtilUFrvi�w�. DEEIGM Egd4P OTFM.IP!�IPirvYtrv!MN!� gPtK!Ptl4Yl1!!!!NlYdw4 �.I�iy nti��viar�itiro ue Wed +�� LG_F � SfD� �LE�tl \YtD><I 8141` -� HABITATIONS RESIDENTIAL DESIGN GROUP {yp1MINal LrtprepmEna auem�,E�yvlm(nnam ISPGo� �e W�i1�N5 LI�Wamq�nm Nea. .yupprpwe'""i. °.,lo°�{�ir'a;les we�wpvew.iw.�me... "Villaye with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 www.kenai.city MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: January 19, 2017 SUBJECT: History of Lawton Acres This memorandum will provide a brief summary of the zoning and development history of "Lawton Acres ", a 16.49 acre parcel fronting the Spur Highway and Lawton Drive. The City obtained the parcel (Parcel No. 045- 010 -03) from the FAA in 1964, via a quitclaim deed with, among other restrictions, the following: That no property transferred by this instrument shall be used, leased, sold, salvaged, or disposed of by the Grantee for other than airport purposes without the written consent of the Administrator of the Federal Aviation Agency, which shall be granted only if said Administrator determines that the property can be used, leased, sold, salvaged or disposed of for other than airport purposes without materially and adversely affecting the development, improvement, operation or maintenance of the airport at which the property is located. Prior to July 4, 1984 the Kenai Peninsula Borough had planning and zoning authority inside the City. This was codified in KBP Chapter 21.76 —Kenai Municipal District - Zoning Code. Until the City took over zoning authority, Lawton Acres was a split zone. There was a strip fronting Lawton Drive that was zoned Conservation, and the remainder and majority of the property to the Spur Highway side, was zoned Suburban Residential. The Borough's code defined "Conservation" as follows: 21.76.060 Conservation zone - -C zone. A. Intent. The C zone is intended to apply to areas which should be preserved primarily as open areas and as watersheds and wildlife reserves. Airport and related uses have been included in this zone to allow for the reservation of aircraft approaoh zones. It is intended that this zone shall apply mainly to publicly owned land. B. Uses permitted: 1. Airports and related use; 2. General gardening and farming; Park or recreation use; z 4. Off - street parking; 5. Cemeteries; 6. Radio or television transmitter towers. On March 16, 1983 the City's Land Manager at the time, requested the FAA release the property for lease or sale. In request to the FAA, the Land Manger noted that the property was vacant and unimproved, that a portion of the property was well suited for moderate residential development, that there was demand for residential building lots, and that some of the property was zoned Conservation and that portion of the parcel was precluded from most development uses. On April 6, 1983, The City Council passed Resolution 83 -48 accepting a deed of release for Lawton Acres from the FAA. The Resolution requested the Release to permit the sale and long -term lease of the property and provided that the City would devote proceeds from the sale or long -term lease to the Airport for development, improvement, operation or maintenance. On April 20, 1983 the FAA issued a Deed of Release for Lawton Acres. The Deed of Release contains a reversionary clause similar to the original quitclaim deed that provides that if the terms and conditions of the conveyance document are not followed, the property will revert to federal government at its' option. In May and June of 1983, City records show that the City was going through the preliminary plat process to subdivide Lawton Acres. It appears that 29 lots were proposed and that there were concerns about the cost and design of water and sewer availability for the proposed lots. On April 18, 1984 the City Council adopted Ordinance 925 -84, establishing the City's own zoning ordinances. The Borough's Zoning Code for the City of Kenai was subsequently repealed. The City's new zoning ordinances contained the same intent statement for the purpose of the Conservation Zone, and the land use table provided that the only permitted uses were airport and related uses, parks and recreation, cemeteries, essential services, farming/ gardening/ general agriculture, off street parking and radio / tv transmitters. Natural resource extraction was allowed in this zone by conditional use. City records indicate that as the platting process for Lawton Acres moved through the Planning and Zoning Commission there was public testimony in support of keeping Lawton Acres as open green space and natural habitat. Instead of moving forward with the subdivision plans, the Planning and Zoning Commission recommended that Council zone the entire parcel as Conservation through PZ84 -67. Ordinance 962 -84 changing the zone of Lawton Acres to all Conservation was adopted on August 15, 1984. The Ordinance notes that the substantial majority of those testifying before the Planning and Zoning Commission's public hearing requested the Conservation Zone. It is interesting to note that the Ordinance, including the title, refer to Lots 1 -29 of Lawton acres even C:\ Users \smodigh\AppData\Local\Microsoft \Windows \Temporary Internet Files\ Content.Outlook \N651QGVG \lawton memo.docx 3 though the subdivision was never recorded. Also, one of the "Whereas" clauses of the Ordinance indicates that at some point Council had recommended the first 16 lots remain zoned as Suburban Residential, but this was not what was ultimately adopted. In 1985, it appears there was renewed interest in developing Lawton Acres pursuant to a request from a representative from Pizza Hut to locate a business on Lawton Acres. However, in October and November 1985, the Planning and Zoning Commission voted to retain the Conservation Zone according to City records, and again there was public support for the Conservation Zone. Ordinance 1100 -85 was introduced before Council on December 4, 1985 amending the zoning on a portion of Lawton Acres towards Walker Lane to General Commercial. The Ordinance failed and noted that the Planning and Zoning Commission recommended against the change. In 2005, Planning and Zoning Resolution 05 -36 rezoning Lawton Acres from Conservation to Limited Commercial failed before the Planning and Zoning Commission. The rezone was requested by the City Administrator at the time. A similar rezone brought forward by the City through Planning and Zoning Resolution 16 -08 failed to pass on March 9, 2016. The 2013 Kenai Comprehensive Plan that was referred to the voters and never adopted by the Borough (after a vote to repeal the City's Ordinance approving the plan) provided for Lawton Acres to be a Mixed Use Zone. The 2016 Comprehensive Plan recommended by Council and adopted by the Borough provides for Lawton Acres to be parks, recreation and open space. On September 6, 2016, the City received a proposal from Jeremy Surhus to purchase a portion of Lawton acres, roughly the east 1/3 portion of the parcel, to construct a dentist office. Of note, an appraisal completed for the City by MacSwain and Associates provides a 2015 valuation of the parcel of $478,100 or roughly $29,000 per acre. Finally, while the definition of Conservation in the current City code has not changed significantly, many more uses are now allowed by conditional use. C:\ Users \smodigh\AppData\Local\Microsoft \Windows \Temporary Internet Files\ Content.Outlook \N651QGVG \lawton memo.docx an. 1 i. 2u i % 9: 5 9A No. 0660 P. 2 January 20, 2017 Dear Kenai City Council members and representative, I am writing a follow up letter to my postcard a couple weeks ago, regarding the sale of Lawton Acres land to Dr. Sorhus to build a dentist office on. I do not support this, I moved into a house across the street from what is now the flower garden in June of 2000.1 was told by the realtor that Lawton Acres was conservation land and would never be developed. Well 2017 marks about the 4th or 5*th time I've had to contact the City Council in opposition to some form of development on that property, l still miss the plain grass field across the street where I would hunt for grasshoppers with the kids and fly kites. As far as the dentist office goes, my family has been a client of River City Dental (RCD) since moving to Kenai. I have two kids that have attended the middle and high schools, and having the dentist office on Lawton would not have made any difference in terms of convenience. We would still pick them up and its only another 3 minutes to Trading Bay Road. Nobody at RCD has asked me if I would prefer the office closer to the school. This seems to be Dr. Sorhus' presumption only. RCA is only open from 8 am to 3:30 pm, and closed Friday, and closed a lot of school holidays. We always had to take our kids out of school for appointments. If he wants to move so "kids will miss less time off school" then how about staying open until 5, or even 7 a couple nights a week to accommodate kids playing sports. And they are closed most of Christmas break "to spend holidays with our families ". Well that's fine, but again not very accommodating for somebody that is concerned that "kids will miss less time off school ". I don't think Dr. Sorhus' pitch for moving to those 4 acres really holds much water. And I don't know what his offer is but it better be a LOT for this noise buffer for Lawton Drive and Rodgers Road. that local homeowners are passionate about. And honestly, I really puzzled by this offer to begin with. If I was to make on offer on the clock park to build a much - needed methadone clinic would you entertain the offer? Does everything in this town have a price? Thanks for your time. Sincere Mike Beck 406 Lawton Dr. Kenai fish.on0mac.com, 907 -690 -4295 (cell) I ,VI r2 It-4- l L 1 65 SG l9h�jSSl O� & `ka r'Lda-el LAWTON ACRES PROPOSED SALE REASONS FOR NOT SUPPORTING THIS PROPOSAL: I am speaking on behalf of many of the residents of Inlet View Subdivision, many of which could not be here tonight. These are my own words, not a prepared paper from all the residents. I want to thank the Kenai City Council for having this work session tonight and the opportunity to speak against this proposal. Please note that this is not a personal affront to Mr. Sorhus's proposal for purchasing and building a dental clinic within Lawton Acres (16.49 acres total) and his request for 4 acres on the eastern edge next to the Kenai Hockey Rink. Simply, we are opiposed to ay building inside Lawton Acres, within this Conservation Zone, aka, green belt, buffer zone. As defined in the Kenai Comprehensive Plan and as set forth in the Kenai Zoning code: Conservation Zoning "applies to public lands whose primary use is for open space, recreation, fish and wildlife habitat, drain ways, floodplain, and wetlands. Some public improvements may be done within appropriate design guidelines (flower garden)." A commercial business, i.e.. dental office, does not begin to meet this zoning definition. Kenai, is an All American City, twice, and we are proud to say it looks like one. A city that has a central business community more than one street wide, landscaped beautifully like we have now, with green space or buffer zones to enhance the beauty, peacefulness and the quality of life for its populous, and whereby, the homes are well separated from the business district. Kenai has a clean, well maintained main street, without the over use of signage, well tit at night, and underground utilities. Kenai is all of that and much more. We believe that every effort should be made by the City of Kenai, to sell, improve, remodel, raze, lease, or promote the usage of the vacant, or dilapidated buildings currently located within the city proper. i.e., Kentucky Fried Chicken, Lowes, GCI, bowling alley, old Napa Auto, old Kenai Mall, Mapco building, Merit Hotel, and others. Growth of Kenai: We are not anti - growth citizens, but we believe in keeping the city from stretching like a rubber -band, further and further away from the central core of a city proper. One look at what happened to Wasilla, doesn't take much of an imagination to see that same thing happening to the City of Kenai, once property is sold for development along the Kenai Spur Highway. (Peninsula Clarion 12 -1 -17) "Lawton Acres has been a subject of debate since 1985. Various efforts to develop it have been defeated by opponents from the neighborhood" and by vote of the citizens of Kenai, overwhelmingly. We the citizens of Kenai have spoken. People want a city center, not a sprawling city like Wasilla. Why are we having to defend ourselves against the encroachment of businesses into this conservation zone.. time and time again? How many times do we have to say, no thank you? Environmental impact: Part of Lawton acres was once used (1980,$) for fire training exercises for oil and petroleum products to practice extinguishing oil related accidents. Some of that fire fighting training, took place in a large oil pit, ignited, and extinguished, which is now the current flower garden we all love. How much of Lawton Acres has been environmentally affected by this history. This 4 acre proposal, is located on or near the oil pit training area on the west side? That would concern me, if I was trying to buy it. Nuisance: Noise and light levels continue to climb for Inlet View Subdivision. Kenai High School has always been there, but the addition and landscaping (tree cutting) for the Christa McAuliffe Science Center, the very noisy Kenai Hockey Rink, and Walmart, has increased the noise and light levels dramatically into our neighborhood. We do not want anymore trees cut down, especially leading directly into Inlet View Subdivision as this proposed dental office has described. Inlet View is surrounded on three sides by noise. Spurr Hwy, Walmart on the Nth., hockey rink, KCHS, KMS, Oiler Field, on the Nth. /East, and a very noisy gravel pit and rock crusher on the Sth. end. Noise and light abatement is a priority. Questions: * Subdivided: Can the 4 acres be subdivided to make a strip mall, business plaza, or other usage, in addition to the dental clinic? Trees and Landscaping: Are there any conditions for clearing trees ... (ex. Mapps Sub. proposed dental office a few years ago, cleared 100% of all trees before the citizens of Kenai defeated the proposal. Why would the City of Kenai sell land first, then require a detailed Landscape Site Plan that defines how much existing vegetation would be retained, building specs., parking spaces, location of dumpsters, snow storage, etc.? The cart is before the horse! That is not fair to the buyer. Foot In The Door: Once started, what is to keep the city from selling /leasing more of the Lawton Acres buffer - conservation zone, up and down the Kenai Spur Hwy? . In the public notice (Clarion) for the City of Kenai, quote: "Discuss and offer to purchase a portion of property and OTHER OPTIONS for property... Parcel No. 04501003 ", end quote. What does `other options" mean? Final Thoughts: Lawton Acres (16.49 acres) was set aside by the the City of Kenai for a buffer zone between subdivisions and the business district for good reason ,thanks to the forward thinking of the planning and zoning, city council, and the citizens of Kenai. Even in Alaska, people, animals, businesses, schools, and roads, can become crowded and at times, can send us on a collision course for space. We believe that time has come for us and hope the City Council will listen to our needs. Convenience for dental patients overlooking the flower garden is not a valid enough reason to mitigate the needs of Inlet View Subdivision.