HomeMy WebLinkAboutResolution No. 2017-50Sponsored by: Council Member Molloy
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CITY OF KENAI
RESOLUTION NO. 2017-50
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PPOVIDING FOR
THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF/KENAI, AT ITS
REGULAR ELECTION OF OCTOBER 3, 2017, THE ADVISORY QUESTI N OF WHETHER
THE CITY SHOULD USE GENERAL FUNDS OR GENERAL FUN LAND FOR THE
PURCHASE OF OR TRADE FOR AIRPORT LAND COMMONLY REFERRED TO AS
"LAWTON ACRES", WHICH IS AIRPORT LAND OUTSIDE T AIRPORT RESERVE
CONSTITUTING APPROXIMATELY 16.49 ACRES OF REAL P PERTY DESCRIBED AS
S1/2 S1/2 SW1/4, SECTION 33,T6N, R11W, SEWARD MERIDI .
WHEREAS, the City obtained the 16.49 acre parcel commohly referred to as "Lawton Acres"
from the Federal Aviation Administration (FAA) in 1�via a Quit Claim Deed generally
restricting the use of the property to development, imp vement, operation or maintenance of
the Airport; and,
WHEREAS, on April 20, 1983, pursuant to a re est by the City, the FAA issued a Deed of
Release for "Lawton Acres," releasing the prop y for sale or lease and containing a Reverter
Clause similar to the original Quit Claim Deed hich provides that if the terms and conditions of
the Quit Claim Deed are not followed, Lawt Acres may revert to the federal government at its
option; and,
WHEREAS, in accepting the Deed Release, the City Council passed Resolution 83-48
providing that proceeds from any sal or lease of the property would be devoted to the Airport
for development, improvement, operation or maintenance; and,
WHEREAS, Lawton Acresis/awton
eeded by the Airport for Airport operations; and,
WHEREAS, in June, 2017, Acres was appraised at the fair market value of $600,000;
and,
WHEREAS, Lawton A�es is currently and has historically been zoned as Conservation,
allowing for parks and recreational uses; and,
WHEREAS, the CiW/s "Field of Flowers" is located on Lawton Acres; and,
WHEREAS, th City's 2016 Comprehensive Plan provides for Lawton Acres to be parks,
recreation an open space; and,
WHEREA , historic and recent efforts by the City to sell Lawton Acres for development
purpose have been met with public opposition in favor of maintaining the existing use as green
and op n space with and
parks and recreational development; and,
WHEREAS, the City Council and majority of public comments reflect a desire for a permanent
resolution for Lawton Acres that would eliminate future uncertainty and conflicts; and,
Resolution No. 2017-50
Page 2 of 3
WHEREAS, transferring ownership of the property from the Airport to the City's General Fund
Land Administration -Lands Fund will allow the City greater opportunity in preserving Lawton
Acres as green and open space with limited parks and recreational development, including the
Field of Flowers; and,
WHEREAS, there is significant public support, expressed in writing and verbally at public
meetings, for the purchase of Lawton Acres by the General Fund to allow for preservation of
Lawton Acres as green and open space with limited parks and recreational development; and,
WHEREAS, preserving the property in its current state as green and open space with limited
parks and recreational development, including the Field of Flowers, will provide separation from
industrial and commercial areas and maintain the sanctity of the surrounding residential
neighborhoods; and,
WHEREAS, green and open space, and limited parks and recreational activities, including the
Field of Flowers, can provide benefits to all residents of the City; and,
WHEREAS, expenditure of funds from the General Fund, or alternatively a trade of general of
General Fund lands, or alternatively doing nothing, are also matters that affect all residents of
the City; and,
WHEREAS, the City Council desires the qualified voters of the City to advise the Council on
whether the City should use General Funds or General Fund Land for the purchase of or trade
for Lawton Acres, and restrict Lawton Acres to public purpose, preserving Lawton Acres as
green and open space with limited parks and recreational development, or do nothing, and
leave Lawton Acres in its current ownership status as Airport Land, generally restricted to
development, improvement, operation or maintenance of the Airport.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA:
Section 1. That the following advisory proposition will be submitted to the qualified voters of
the City of Kenai at its October 3, 2017 regular election in substantially the same form as set out
hereafter:
PROPOSITION A
Advisory Proposition:
The real property commonly referred to as "Lawton Acres" is approximately 16.49 acres and is
presently Airport Land outside the Airport Reserve described as S1/2 S1/2 SWI/4, Section
33,T6N, R11 W, Seward Meridian, (as shown on the map below). A deed restriction in the deed
to City of Kenai from the Federal Aviation Administration (FAA) generally restricts the use of
Lawton Acres to development, improvement, operation or maintenance of the Airport. A
subsequent Release from the FAA allows the Airport to sell or lease Lawton Acres as long as
proceeds are dedicated to the Airport. An independent appraisal values Lawton Acres at
$600,000.00. The City's use of $600,000.00 from the fund balance in General Funds for the
purchase of Lawton Acres, or the City's trade of other General Fund Land for Lawton Acres, will
allow the City to restrict Lawton Acres to a public purpose, preserving Lawton Acres as green
and open space with limited parks and recreational development.
Please vote on only one option. Which one of the three options should the City Council choose?
Resolution No. 2017-50
Page 3 of 3
[This is an advisory vote only]
(....) Purchase Lawton Acres from the Airport by using $600,000 from fund balance
in the General Fund
OR:
(....) Purchase Lawton Acres from the Airport by trading other city -owned land of
equal or like value to the Airport in exchange for Lawton Acres
OR:
(....) Do nothing, and leave Lawton Acres in its current ownership status as Airport
Land, generally restricted to development, improvement, operation or
maintenance of the Airport
Section 2. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of August, 2017.
BRIAN GABRIEL SR.. MAYOR
ATTEST:
Jamie Heinz, Acting City Clerk
r 71/11aye with a Past, G'/" o with a fatutce AP
210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 1 Fax: (907) 283-3014
the ci'y of www.kenai.city
KENAI, ALASKA
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Scott M. Bloom, City Attorneys-O
DATE: July 27, 2017
SUBJECT: Resolution No. 2017-50, Advisory Proposition
This Memorandum addresses whether proposed Proposition A, as proposed in Resolution 2017-
50 must be an advisory vote only, or whether it could direct mandatory action. Proposition A
proposes three options to the voters: (1) use general fund balance to purchase 'Lawton Acres';
(2) trade general fund land for'Lawton Acres'; or (3) leave'Lawton Acres' in its current ownership
status. Section 11-1 of the City's Home Rule Charter, in relevant part, prohibits initiatives that
dedicate revenues or make, repeal, transfer or change appropriations. Proposition A can be
advisory only, otherwise it potentially would direct the appropriation of $600,000 by initiative,
which is prohibited by Charter.
'I'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: Bob Molloy, Council Member
DATE: July 26, 2017
SUBJECT: Resolution No. 2017-50, Providing For The Submission To The
Qualified Voters Of The City Of Kenai, At Its Regular Election Of October 3,
2017, The Advisory Question Of Whether The City Should Use General Funds Or
General Fund Land For The Purchase Of Or Trade For Airport Land Commonly
Referred To As "Lawton Acres"
Section 10-8 of our City Charter authorizes the Council, by resolution, to submit
questions to the qualified voters of the City at regular and special elections. If Council
does not support Ordinance No. 2968-2017 authorizing the purchase of Lawton Acres
from the Airport using fund balance from the City's General Fund, then I will ask
Council to support Resolution No. 2017-50. This Resolution, if approved, will submit to
the qualified voters of the City at the City's regular election of October 3, 2017, an
advisory question as Ballot Proposition A.1
The text of Resolution No. 2017-50 sets out the reasons that support Council's action to
approve submitting this advisory question, Ballot Proposition A, to our qualified voters.
Other relevant information is the City Attorney's memo dated 1/1917 (brief summary of
the zoning and development history of Lawton Acres), and other past public records
regarding the history of Lawton Acres. Council has heard and read the public comments
received on Lawton Acres, both verbal and written, since December 2106, so those
comments are already in the record and have not been submitted with this memo.
The text that will appear on the ballot itself is on page 2, Section 1 of the Resolution, and
is set out again on the next page to this memo.
If Council does not support Ordinance No. 2968-2017, then Council's action to approve
Resolution No. 2017-50 is respectfully requested.
'The Borough Clerk and the City `s Acting Clerk recommend use of "Proposition A" so there is no voter
confusion with the Borough's Proposition 1 regarding commercial marijuana.
i
PROPOSITION A
Advisory Proposition:
The real property commonly referred to as "Lawton Acres" is approximately 16.49 acres
and is presently Airport Land outside the Airport Reserve described as S1/2 S1/2
SW1/4, Section 3376N, R11W, Seward Meridian, (as shown on the map below). A
deed restriction in the deed to City of Kenai from the Federal Aviation Administration
(FAA) generally restricts the use of Lawton Acres to development, improvement,
operation or maintenance of the Airport. A subsequent Release from the FAA allows
the Airport to sell or lease Lawton Acres as long as proceeds are dedicated to the
Airport. An independent appraisal values Lawton Acres at $600,000.00. The City's use
of $600,000.00 from the fund balance in General Funds for the purchase of Lawton
Acres, or the City's trade of other General Fund Land for Lawton Acres, will allow the
City to restrict Lawton Acres to a public purpose, preserving Lawton Acres as green and
open space with limited parks and recreational development.
Please vote on only one option. Which one of the three options should the City Council
choose?
[This is an advisory vote only]
(....) Purchase Lawton Acres from the Airport by using $600,000 from fund
balance in the General Fund
OR:
(....) Purchase Lawton Acres from the Airport by trading other city -owned
land of equal or like value to the Airport in exchange for Lawton Acres
OR:
(....) Do nothing, and leave Lawton Acres in its current ownership status as
Airport Land, generally restricted to development, improvement,
operation or maintenance of the Airport
OTHER SUPPORTING RECORDS
SUBMITTED BY SPONSOR
RESOLUTION NO. 2017-50
A RESOLUTION OF THE COUNCIL OF THE CITY OF
KENAI, ALASKA, PROVIDING FOR THE SUBMISSION
TO THE QUALIFIED VOTERS OF THE CITY OF
KENAI, AT ITS REGULAR ELECTION OF OCTOBER 3,
2017, THE ADVISORY QUESTION OF WHETHER THE
CITY SHOULD USE GENERAL FUNDS OR GENERAL
FUND LAND FOR THE PURCHASE OF OR TRADE
FOR AIRPORT LAND COMMONLY REFERRED TO AS
"LAWTON ACRES", WHICH IS AIRPORT LAND
OUTSIDE THE AIRPORT RESERVE CONSTITUTING
APPROXIMATELY 16.49 ACRES OF REAL PROPERTY
DESCRIBED AS S1/2 SI/2 SW1/4, SECTION 33,T6N,
R11W, SEWARD MERIDIAN
"Villaye with a Past, City 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 approach 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;
3. Park or recreation use;
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
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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.
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Suggested by P 6 Z Commission
CITY nF KENAI
ORDINANCE NO. 962-84 G
1�
AN ORDINANCE Of THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING LOTS 1-29.
LAWTON ACRES SUBDIVISION TO CONSERVATION (C) DISTRICT.
WHEREAS, KMC 14.20.270-280 eetablishea a procedure to amend the
Official Zoning Map of the City of Kenai. and
WHEREAS, a petition to rezone Lata 1-24, Lawton Acres Subdivision
to Conservation (C) District was initiated by the Kenai Advisory
Planning A Zoning Commission, and
WHEREAS, the Commission conducted a public hearing an this
petition on July 25. 19849 and approximately one dozen persons
testified at this public hearlog, and
WHEREAS, a substantial majority of the persons testifying desired
to rezone the entirety of Lawton Acres Subdivision to Conservation
District, and ,
WHEREAS, the Commission recommended approval of the rezoning of
Lots 1-29, Lawton Acres Subdivision to Conservation District in
accordance with Resolution PZ84-67.
WHEREAS, the Council ham recommended that Lots 1-16 be retained
an Suburban Residential and Lata 17-29 be rezoned to
Conservation.
i NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
` KENAZ, ALASKA9 that the Official Zoning Map of the City of Kenai
shell be amended to follows,
Smation 1s Lots 1-29. Lawton Acres Subdivision are hereby
rexansa-r—a-i. ervstion (C) District.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day
of August, 1984.
NAUUNLKI
ATTESTt
Flot wnolant Lity ulark
First Readings August 1, 198A
Second Readings August 15, 1964
Effective Oates September 15, 1964
4
. r ANNiNG COMMISSION
n�tnber 9, 1905
>+ -- — in winter. Commissioner Bryeo asked if he was proposinq to vagetat. - — —
y - this etrio elan. answer wee; lee no !! as open.=^ poesiule for 9n�fr
'removal. - _
VMTEt
Motion passed unanimously.
c. Lease Extension, Oste of Constructions to 30, 2, FBO S/D -
Klin„ - i
Mr. Ken Cuesk came forward represen4Kg Mr. KlinV The request in for
an exention of 1 year. Commimsionof Bryson not t t if they had
requested the normal 2 years, by would sti have ime to do the
project.
.
4
MOTIONS
Commissioner Cerigns moved approval the lease extension with dot
.' of extension "5/1/ with completic data 5/30/86", seconds
Commissioner Cab ne.
I' VOTES
f
Motion pas d unanimously,
jd. Le aExtension of Construct t Tract A, Kenai Municipal
serve - Swar O'Connel
No persons present presenti the lessee. The letter cent to the
City states that true n on the building on the adjacent lot has
not begun. The ased will be for parking.
t
MOTIONt
i
CommissI r rignon moved approval of lease extension date of
constr , completion date of 9/30/86, seconded by Commissioner
1
g
Osbor
i
f
I�'•.,
fto,' a.. VOTES
�., tion passed unanimously.7
pp
Notion Passed unanimously.
8. PLANNING
j a. Development of Lawton Acres
s
Administrative Assistant Gerstlauer explained that the two parties
i requesting the site state that there is no property available along
the Spur Hwy, that private property owners along the Spur have been
approached and are not willing to sell, or have such severe
j
{ restrictions that the site Is prohibitive.
19
,
_0 t
PLANNING COMMISSION
October 9, 1985
Page 4
Vice Chairmen Smalley indicated that, while it is not standard
procedure, there are members of the audience wishinq to speak to
issue and asked the wishes of the Commission, it was agreed that
public be allowed to speak. �_
M,r,le.gY,'.im-B.'-ririinQsAlxls-C�rlacm.-� �lov% `_-1_.
aeey, cry 41n; ferry Heneen,-MooGie Cole,`Daren Dorcue, Cheryl
Samples,and 'am Thompson all residents of either Inlet View or C^ntral
Heights gave presentations opposing the proposed development. Thr
general concensus is that no portion of the strip known as Lawton
Acres be allowed to be developed and should remain in the consery.,tion
category. r
Commissioner Bryson stated that sooner or later developers will hive
to deal with the private lend owners. In that area, there are 1 �a4
large parcels where individuals have tailored their developments to
entice clients to utilize the property and I feel that is where they
should be going rather then encroaching on an area that presumably is
-6 buffer. Commissioner Carignan stated that he philosophically aligns
with the speakers in the audience in maintaining some conservation
zones, coupled with that is the availability of other property in the
City.
MOTIONt
Commissioner Carignan moved to recommend that the Canoe --------zone be
maintained, seconded by Commissioner Bryson.
Far clarification, the intended area is the entire strip bordered by
the Spur Hwy Rogers, Walker, and Lawton. -
VOTE
Motion passed
9.' REPORTS
s
r. -
report
The Workshop for. Commissioners has been cancelled and rescheduled ro
sometime in May. More info rsatIon will be coming as it is received.
October 10, 1985
MEMORANDUM
_.. _._..rte.. ---�--
"/
CITY OF KENAI
„Od G'dpdal 4 41a44a . .
210IIDAL40 K[NAI.AWKA NHf y"-
TVAM Ma 293.1/71
TOf Kenai City Council �yy
FROMf Dena Gerstlauer, Administrative Aaeistanty
REI Rezoning of Lawton Acres and Adjoining Property
(south of Spur Highway)
'Y presented a peoposal to -h— PTs
rming-nrtd�. Z�oniin;g- Lammissiisff-tin_—
w `.,_ _�_ n_a _�.._n__-S:r#w�z i �.h k_n'1 �d STC�l.aw..c.=,.►IO-T:wQI�AtD;tf1At_
we bun m• e odie-may for commercial properEy clonn the Spur t
Hlghway,'between walker Lane and Rogers Road. ,
Jr,
During the meeting, approximately 10 individuals from the
surrounding residential areas gave testimony in eupgort of
retaining this property as a buffer strip between the highway and. s
the residential property in this area.
i,
The Planning and Zoning Commission voted unanimously to recommend i
to Council that this property remain in the Conservation zone.
/d
}
�y ?
I
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i 5•� j
P 4 ;
1
✓L`+at PLPNNING 6 ZONING C N
November 27. 1985 - 7100 0
Kenai City Hall
Lir Lewis, Chairman
i ROLL .CALL
Lewis, wyGljn' Carignnod, Olsson, Oaborne�Smalley, Zubeek
2. APP YALA \
Platin Specialist r asked to have the home occupation
fr he agenda.
Agenda approved lth the change.
3. PERSONS PRE NT SCHEDULED TO BE HEARD
None
4. `PUBLIC -HEARINGS
a. Resolution PZ85-831 Rezoning Portion of Section 33 Known as Lawton
Acres from Conservation to General Commercial District
Councilman Wise asked that the Chairmen to "clarify exactly what
I you're doing, its the west 300". We're not talking about the whole
strip",
Chsirmtan Lewis asked that Mr. Nath present his case before the public
hearing.
Bob Math of Property World Realty, representative of Kurani Corp./
Pizza Mut. Mr. Nath explained that the main issue is the rezoning of
the portion described from Conservation to General Commercial and
quoted the comprehensive plan that is forthcoming as projecting the
entire strip from Walker Lane to the gully as commereisl. If that is
the case, it would be in order to set a plan for development. Mr.
Nath suggested a deed restriction that any lend that is sold in that
am have a 10' wide greenbelt along Lawton Or barring access,
driveways, and curb cuts except for utilities.
Jerry Carlson (1), from the audience asked several questions regarding
other sites available. Commissioner Smiley agreed, quoting an
earlier comment that financing is not a probiemzo4th the Kurani-Corp,
and further that the projected comprehensive plan has made no
commitment in writing that the Commission is aware of. Mr. Neth
mentioned several different locations, stating that each of these
wanted well above market value.
:c
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D
PLANNING COMMISSION
November 27. 1985
Page 2
NOTEt Because there are two Jerry Cartoons, each will be designstec
by a (1) or (2) to indicate which gentleman spoke,
Bob Neth feels strongly that this property will eventually go
commercial due to economic factors and that by approaching this at r. -
outset, the strip can be designed to be an asset.
Chairman Lewis opened the meeting to the public.
Howard Hackney, Inlet View S/D, "when Mr. Nath says that the
comprehensive plan calls for that zoned commercial, I would like to
see that, there has not been anything in writing as yet. He says t`
they put the whole strip down as commercial, that doan't mean the
whole strip is commercial until it is rezoned by the Planning
Commission and Council, it doesn't happen automatically. This is
being dressed up to look better, just like when my mother used to q::P
me medicine, she used to put it on brown sugar, but it still tested
like medicine. I don't see where anything is changed. As soon se ;^,,
let one in there, its only a matter of time before someone else win
be along that will just have to have the next piece until there is
nothing left. We have just enacted a landscape ordinance to preeerv-
the trees and now we are going to cut them down. As far as planning`
that for commercial, it will have to go through the landscape board
any way."
James Blaming, Central Hts S/D, "I feel very strongly stout any
encroachment into the greenbelt or conservation zones and that is
exactly what this is, literally a spot rezoning and I agree with Mr.
Nath that this would set a precedent, there would be other business
that would want to do exactly the some thing until it was all taken. -
Mike Thomas, Central Hts. 5/D. "First of all I feel ths"izza Nut
would be a valuable contribution to the community, however. not in t�"
place they seek. That was originally designed as conservation and I
think as everyone here does that it should be left that way. A 23'
buffer sounds nice, but when you measure it off, that includes very
little trees or brush. An example would be the junior high, betw"n
the rood and the junior high which is well over 23' but is still very
thin."
=.—C.E.-Ndllfngford, In1et Ylewi S/ , came�own�o_p-gtest. First, f _
e are more desirable lone mile available for another pizza par (sr
as we already have 3 f• a one mile radius. We have a SS mph speed
limit there which will not add any safety. Right now you can hardl.,
get out onto the Spur Hwy from walker Lane, this would make it worsrt. I
Jerry Carlson (2), Inlet View, I ee definitely against that locatirr-
being zoned commercial. I have lived in Kenai all my life and I j}jit:
bought a house in Inlet View this summer because it.,is.-one.,of-the
}
I`
I)LANNI%G COMMIS51(IN
':nvember 27. 1985
Pane 3
i
nicer subdivisions in town. I'm all for growth for the City but I
think it should go in a different direction rather then residential
neighborhoods.
Randy Caler, Valhalla S/D, representing the Landscaping Review Board,
stated that the Board unanimously approved the conservation zoning.
It was the consensus of the Board that they would not support any
business in that greenbelt area. There is a bike trail, high traffic,
students from the high school are near, there is a cleared area where
the fire training used to be which does look bleak, however, what
trees are left do form a buffer. The Mayor has case out ss opposed to
it, the Council opposed it, the Mayor who knows more about lands than
I do made the statement that there are other lands available.
Cheryl Samples, Central Hts S/0, Mr. Nath has presented an attractive
proposal. however, the question is whether or not to rezone from
conservation to commercial, not what Mr. Nath's client is prepared to
do to accoimmodate a greenstrip and build his=steblishment-. Mrs.
Samples presented a petition signed by 96 persons all oppose-a—any
development leas restrictive, not all persons being residents of
adjoining subdivisions. Petition entered into the record. The
conservation strip needs to be left for several reasons, it is a
buffer strip for the neighborhood, it is probable that the property
along Lawton will be developed in the future leaving the Pizza Hut and
other establishments in their front yard. A 10' greenstrip will not
hide that fact. It does not benefit the City of Kenai to build on
every correr_st-.the expense.. pf�oalag�censervatiprrzoncao�
--diarew.rdinn th..d.hme nr /w. T rr—i ,r G .._.—
and wishes of the people.
Jerry Carlson (1), Inlet View, I em opposed to the rezoning but not
the Pizza Hut. Mr. Carlson suggested a referendum and put it to the
vote of the people. Councilman Wise answered that the land is in
trust as it is FAA land end has special connotations of its own. I
don't feel that the City by referendum could over ride the deed of
trust that we have from the federal government. What you are really
asking to that the City buy the land from the airport and dedicated it
for some restrictive purpose. However, as:noon-aslyou.have,done:this'
anything that is done byr one.Council`can tis"undone by a'future
council, even a referendum initiative. You can't put it in the
Charter. The cleanest way to do this is for a private party to bury the,
land and deed it to the city with a reverter (sic) clause designating
whet it can be used for whim means the city can't do anything with it
except whet is provided by deed,
Cheryl Samples asked how parks k recreation keeps its land and
facilities and could this property be treated the same way.
Councilman wise explained that parks & recreation is an instrument of .
the..clty,snll:,t;wse.lauds.,ean-be.rezoned•and-sold-st-any time the
l
i
PLANNING COMMISSION
November 27, 1985 t
Page 4
Council decides. The Council is considering the dust bowl right -nd.
Its the same, its airport land, it to a baseball field, the aircnrt is
y getting no revenue from it, it probably will be rezoned and put uo for
sale.
Chairman Lewis closed the public hearing and brought the issue hark to
the Commission
t. MOTIONS
I. Commissioner Carignan proved for the adoption of P285-83, seconded byj
3 Commissioner Osborn.
Comwismioner Carignan stated that ha.hsa always felt strongly so out I
a maintaining that conservation zone area and I have not heard an)tkin4
this evening that would change my mind. we have discussed the
ramifications of developing both aides of the road and felt there are
other lands available out there, even though they cost more, we are i
also looking into developing lands across the roada in the other
direction.
Commissioner Smalley stated he would reiterate the same comments and
f„ I go on to state that this body nor the coi pity_that spoke is against
the Pizza Mut, it is just the loastion and IT»lleve-there are-nther4
lands available. The idea of the new comprehensive plan indicating
eomneecisl,zoneyyltffhe�:person.tthhstt is doing the plan is basically'6oino
lIn
�iteeema each is this will eventwllyto, have,torsprobabivnott
changed" why can't we say, "it may not be changed". Its not a piece -
I.' of lend that belongs Just to the residents of that area but to the
city as a conservation strip, we didn't intend for it to be a park. we
already turned it over to parks 8 recreation saw -time ago and from
-- --therwe..leaEn�'it"was'Ceeg o Eeretop. n fope�'e'"Fayor —
�_ R- _ - Mew• ...�- r.vwrof - `� y
consetvaflon zone to buffer the residential from the
csmmmerclal districts. Because of those items and the people that:
spoke, I would oppose a rezone.
r�•_?;%t., VOTES - ..
Notion Failed
not Commissioners Bryson, Carignan, Lewis, Oleson, Smalley. Zuberk
yeas Commissioner Osborne
f. 5. VAL OF MINUTES of November 13, 19
orrects on p ( pa nge way�towtqh�
`.:.;
ltinutea with the tion j
CITY OF KENAI
„Oil G'alatdl aG Alae a"
210FICAL00 KIKM.ALAM not
TELL MOMata0.7535
MEMORANDUM
s t01 Mayor Wagoner and City Council Members
FROM: Janet Loper, Planning Specialist
SUBJECT: Rezones Portion of Sec. 33 Known as Lawton Acres - from
Conservancy to General Commercial - Pizza Hut
DATES
BACKGROUND
Applicants Kurani, Inc (Pizza Hut Restaurants)
t Legal Descriptions Portion of See. 33 Known as Lawton Acres
T&N, R11W, S.M.
Existing Zonings Conservation
* - Proposed Zonings General Commercial
Existing land Use Pians Medium Density Residential
Proposed Land Use Pians 1 1.11 Commercial
At the public hearing held by the Planing Commission on November 27th, 9
aeabets of the public attending apsloe on the iaam with 8119 requesting
dental. Me. Cheryl Samples of Central !bights S/D submitted a petition
roaring the sigtsstssres of 96 paraasa 211 all "Opposing any development less
restrictive", not 911 signatures were residents of the "Lawton" arse. A
copy of the petition is attached.
The Piaming Commission failed the applleatisn_f�rezoning with a vote of
6-1 9nd zmcaaaamsdm denim„RJ ths_spPllcatian.... ..___.. .
v
.A! C1 FY UNC11.
rCCMHER 19. 9R5
GC
Motion passed
"lifiLIC COMMENTS
Landacae,
had .
r:OUNC
Is
t.
Rd.. Kenai. Pember of the -
d. ey have cove problems they
e t ith Bu ng Spector Hackney,
ED AT I tIHE 7s10 PM)
Cermrttre6lt
nto . Architec nai. He was concerned
with ting o/ tr son qht-of-way. He would
1 to be ;�,rtsst`
the or once. Atty. Rogers
zplained, therete statute to cover this.
Councilman Hell there is at 1 the possibility
of single farm dwellings in eommer al zones that
would need to -go before the Landscape
vOTE, Main Motion as Amendeds
Motion passed unanimously by roll call vote.
C-2 Ord. 1100-85 - Amending Zoning Map - Lawton Acres
MOTIONS
Councilman Measles moved, seconded by Councilman Wise, to
adopt the ordinance. -
PUBLIC COMMENTS
a. Bob Nath, ERA Property World, Kenai. Since he
initiated the amendment on behalf of Pizza Hut, it has
appeared before P&Z 2 times and Council 3 times. The
opposition has 3 concernes 1) the need for a buffer
zone, 2) a request to restrict traffic increase on
Lawton, 3) deterioration of the area due to business.
Regarding /3, whatever deterioration will start, ties N
been done. 3 of the 4 corners have been taken.
Regarding /2, at a meeting of residents of the area and
the manager of Pizza Huts, these 3 concerns and one
more (the difference between what a developer soya and
what he does) were discussed. The suggestion was for
buffer zone to be built, the manager agreed. There
would be a 10 ft. green belt, plus a 13 ft, area next
to it, for a total of 23 ft. of buffer zone, federal
Revenue sharing is down. As Ydsu-of inFome_increaaes,
there will be pressure for general commercial here. we
have an opportunity to deci,4e the beet use at this
time. There was not enough time for polling all the
citizens, but the results he had were gratifying. He
-—had -375 ei4ffstde6s-r64u6stLng rezoning. Councilwoman
Bailie asked if he was aware of the fact that if
Council rezones and it goes out to bid, there is no
8
,xS�:FNR';pS ..'8'�.i•."�i+yy�!F.•...^ '^�"; 7"—s?i',
a w.lvr Vim`.- �`-•S ..' � -
—4.
n
Y _
V.r,s CITY COUNCII
0( CEMRER 161 1YsI
rArf. S
b.
c.
d.
guarantee Pizza Hut will be hiqh bidder. Mrs"tea th
replied, he disagreed with that. Mayor wagoner
declared the item out of order, as it did not relate to
the rezoning. Councilwoman Bailie objected, explaining
the g reznning Atty iRogersbased
explained,premise
him NOV. 19lzz%+
may
Hut may 9
memo relates to no preference and no commission. The
City would be initiating to sell to preclude gale. Mr.
Hath replied, after _that letter, Pizza Hut asked to
1) V. They -followed all
EF=p1roc=3ed.Aeei
oya o-yticn_inCuncl' L
9Y '
their decision as there may be litigation. Mr. Nath
replied it would be brought to Council if there was any
question.
Howard Hackney, Kenai. 375 names out of a total of
6,000 people is not overwhelming. The buffer "trip an
Walker is gone, HEA and the 7.11 store. The fire
school on Lawton Acres is gone but the spot is still
there, It is a only a matter of time before someone
has to have the last piece dawn there. There are many
areas in the City that hove not been touched. We have
had an individual from Soldotna and 2 from Anchorage
say the area should be commercial. Where does the man
from Kenai come in on this? the Council le supposed t.�
represent him. the people in Valhalla and the people
around the proposed trailer court have told the Council
they do not want commercial in their area. Council
shoId listen to them.
Susan Smalley, Beaver Loop Rd., Kenai. There are
It isadolive
soneofthefewareas that couldhat be used arecfor eane�
bike trail. She did not want it to stay -conservation,
it should go forward. Anchorage had to buy back land
for green
be used for bellafields,d to ythere are back no twould
notrees
haveto
left.
Karen Dorcas, Kenai. She was speaking for Cheryl
Samples and herself. They went through the area and
got 130 signatures in 3-4 hours opposing this. She di?
not know if the Pizza Hut petition was in favor of
rezoning or in favor of a Pizza Hut. She had heard �.
people were hired to get petitions for Pizza Hut,
theirs was voluntary.
o. Randy Cole, Kenai. PAZ has turned this down 2 times,
Landscape Bd. has turned this down, Beautification
Committee has turned this down. They are not talkinc
about Pizza Hut, but rezoning. The Landscape Bd. is
trying to do something creative we can all enjoy. TQ -
this is-
o -
this -is- going against w at they era -trying to
Hut There are
themtanrplaces offer- pizzaaHut•didnnotePizza
reply.
✓
4
• .-r rlly COUNCIL
•t MRrR 19. 1995
h
It In also the idea of another pizza hut. There In a
time to create an area we cannot touch. In most
cities they have to buy back a green belt, we have a
chance to have one now.
r. Jerry R. Carlson, Knnal. CounciL_v.nted thin-
conservation
hinconservation zone 1-1/2 yrs. ago. The name people were
ort the Council. He did not know why they would change.
The are@ needs to be preserved, along with other arena.
People have made mistakes in the States over
development.
I g.
. 4- ow
h.
Cheryl Main, 207 Welker, Kenai. The neighborhood is
just starting to improve. She asked Council, what if
this was their neighhorhood7_. Some aay—they_could just
sell, but a lot ofpeople cannot do_thet T_ a
Bill Osborne, Inlet View S/D, Kenai. Mrs. Main has to
worry about increased traffic in Lawton, as she in
expecting a child. Regarding the green belt, the
residents have had a concern and asked to keep this.
Other areae in California have found the wisdom of ;
conservation areas. He asked, how many people would
went to live neer a pizza hut? There is nothing magic
to having it there. People would go to it no matter
where it is.
1. Don Oberg, Kenai. He has used the area for ecological
study at the high school. It is not big but it has
wild arose. He is not asking for no development in the
future, he does not know what it will be like in the
future, To decide to rezone now is poor economics. It
may be worth more in the future. We should not worry
about the big bucks, but the quality of life. People
have bought property there with the conservation arew
in mind.
j, Jerry Honeen, Kenai. There is other land available. He
would like to see us hold onto this land. If people
from Kenai went to Anchorage and asked to build on
their green strip, they would be laughed out of town.
k. Jerry D. Carlson, Kenai. Mr. Neth referred to the
other 3 corners that are developed. Why should we give
up the 4th? There is no reason to change this now,
maybe 20 years from now.
1. Lloyd Carey, Kenai. If Pizza Hut goes in, he stands to
lose more then anyone else. His house hes e 4 plex
around it. He could not Bell with the Pizza Hut there
also. He has asked to leave it conservation. 375
signatures is not much on the petition. This may be
prime comI,mercial, but the people have asked for ?'
C(NAI CITY C01INC11.
DECEMBER 1R, 1985
�VA'E 5
m. Father Targonsky, Russian Orthndox Church. HP
euggented Pizza Hut he put nomnplarn olnn nurh en Er—
Meyer. He was told It would he more nxpeneive
someplace else. There are a lot of vneant• ares".
City in showing fnvoritinm by giving it to him rhnnp,•.
That in unfair,
n. C.E. Wallingford, Kenai, from the testimony it nhnul,'
be obvious they do not want--it,-Pizza_Hut rould bull-:
someplace else. A lot could he done with-tTiiR land,
leave it alone until then. If Pizza Hut moven In thav
will want a beer and wine license. Schools and
churches are near,
o. Wands Carlson, Kenai. She dean not want buninannen
near her home. They need a bufff•r between them and
businesses,
p. Tommy Thompson, Inlet View, He noted Mr Carey
_.
I���£7.D'—iir.�--
had the zoning changed, a used car lot rould be put ;
there. Neither Mr. Nath nor the City to willinq to
stand the love in value (to the residents). One pnrn,,f-
who had been asked to Riqn the petition was told it w*• -
next to Croyeroft.
Councilwoman Bailie suggested cresting a new zone for thio
type of area and require a vote of the people to change.
VOTES (Failed)S
Notion failed unanimously by roll call vote,
C-3 Ord. 1101-85
Lease' r Tw
MOTIONt
Coun man N
KMC - Lessee of Airport Londe Mun
ore Purchase.
f aecon*d by Councitwd'man Monfor,
ordin*)Q:e.
lie comm'44t.
Counc(ila'an Hall requ ted, 1 is passos, a report from
Administration in x mon reg ding relations with FAA.
VOTES (failed):
Yea - Measles, A rl'_ e
No.. Nonfor, oner, Hall
C-4 Ord -85
- Incress. Rev/Appns - Repay FAA an tal
Pr' -or Grant
Reimbursements.
u;;gf�.r�'r
� '3b.`IvI{��' � xx:�'t.'",air rs.u�..�.
�li�'.:
.'�k!'•
(y V6:
}
yyygy44''.1��'Y
R fnr
U
3
VOTE:
Twait
Yes
MOTION PASSED.
Glick informed 44�rublic ofd -day appeal period and tha peals would need to
be in writing and submitted to the City Clerk,
5-d. PZOS-36 - An application to rezone the property known as a p 'on of
Section 33 S 1/2 S 1/2 SW '/4 Lying South of the Kenai Spur High y
(also known as Lawton Acres - 10095 Kenai Spur Highway) from
conservation to limited commercial. Application submitted by Linda L.
Snow, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska.
Kebschull reported:
• The identified area as the green strip between the city proper and the
Kenai Central High School and Challenger Learning Center.
• The application was submitted by the City of Kenai and was to rezone a
portion of the area, beginning at the intersection of Lawton/Walker and the Kenai
Spur Highway to the gully.
• Offered a history of the attempts to rezone the area and noted, currently,
due to some interest for purchasing a piece of the property for development, council
requested a rezoning application be submitted for Limited Commercial Zone.
• The Comprehensive Plan identifies the property as conservation, however
it also notes, where it is appropriate, the city should consider re -designating areas
currently zoned for conservation to conform with expected uses.
• The Comprehensive Plan notes neighborhood concerns related to areas
close to residential areas being rezoned or conditional uses allowed, particularly close
to the Spur Highway.
• The city is known as a lineal growth pattern for commercial use and
businesses believe they need visibility from the Spur Highway to exist.
• It is believed by administration, the rezone to Limited Commercial would
meet the needs for commercial development which meets the limited commercial
requirements and preserves separation from the residential areas (this property is
separated by Lawton Drive).
• The limited commercial zone includes specific development requirements,
including buffer landscaping and also limits structures to 3,000 square feet.
• It was her recommendation the rezoning would meet the Comprehensive
Plan and the Kenai Municipal Code for an amendment and believes it would be a
positive compromise to meet the development needs of the city and preserving space
and providing separation between commercial and residential areas.
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 10
Public hearing was opened.
Roy Wells, 410 Lawton Drive, Kenai -- Wells stated his objection of the rezone and
noted his concerns as alleyway requirements, the Kenai Economic Development
Strategy recommending avoidance of sprawl and concentrating business development
to the downtown area; and, building new buildings and causing a higher number of
abandoned buildings. Wells also reputed comments in a recent letter to the editor
indicating the property owners in the area thought positively of the proposed rezone.
William Nelson, 209 Susieana Lane, Kenai -- Comments included:
• Wants it to stay zoned Conservation as it was set aside.
• He is not opposed to new business, but doesn't feel it is the right place or
time to install that business (Kiel).
• The area is a nice buffer between Lawton and the neighborhood.
Carol S. Baumer, 411 Rogers Road, Kenai -- Referred to the Comprehensive Plan:
• Pages 26 and 30, related to the city center and Millennium Square.
• Page 34, related to Kenai residential subdivisions.
• Page 36, related to abandoned business areas/commercial strip
development.
• Page 39, related to integrating open space with neighborhoods (visual
appeal, neighborhood identity, enhance residential property values, etc.).
Janice Magee, 218 Susieana Lane, Kenai -- Comments included:
• Is very supportive of business in the community.
• Children use the area for biking, running, playing basketball.
• For the safety of the children in the area, requested voting against the
rezone.
.Tim Blythe, 422 Lawton Drive, Kenai -- Comments included:
• Lives at the corner of Rogers and Paula.
• A lot of noise from the highway is blocked from the area due to the
wooded lots included in Lawton Acres.
• People use the area for walking, biking, jogging, rollerblading, etc.
• Would hate to see the increase in traffic that will probably occur.
• He objects to the rezone.
Gina Kiel, 404 Lawton Drive, Kenai -- Comments included:
• Is a resident of the area and is a potential business owner in the area.
• She is the closest resident to the area being requested to be rezoned.
• Assumed the Lawton Acres property was zoned commercial when she
built her house and assumed at some time, business would move into the area.
PLANNING & ZONING COMMISSION MEETING
JUNE S, 2005
PAGE 11
• She was the quote in the newspaper article and had some neighbors tell
her they supported the rezone in order for adding to the development in Kenai.
a She did not go door to door to ask opinions and she did not have anyone
coming to her door to discuss the issue.
a After the limited commercial zone was set, she didn't think there would
be a problem.
a She and her husband have been looking for two years for a site for a
business, checking abandoned buildings, property availability, etc. and found nothing
suitable.
a Supports the rezone of the property and would even if she was not
interested in building there.
Jerry Carlson, 105 Paula Street, Kenai -- Read from a letter signed by Wanda
Carlson, his wife:
To: Kenai City Council and Planning & Zoning Commission:
As a homeowner in a subdivision known as Inlet View, I am against any and all
clearing, destruction and construction on or in the green strip. There are many
locations vacant between McDonald's and the Moose Club and also on the streets
connecting with the Kenai Spur. These could house a beauty salon.
Our noise pollution has increased greatly during the past 33 years, we have lived there
33 years. We need to maintain the existing buffer in order to prevent further
destruction.
Thank you. Wanda R. Carlson, 105 Paul Street, Kenai.
Ron Fullinek, 424 Lawton Drive, Kenai -- Comments included:
a Purchased their home 13 years ago and were told the area was zoned
Conservation.
a They want to keep the buffer between the highway and Lawton.
Mike Beck, 406 Lawton Drive, Kenai -- Comments included (submitted a packet of
information with pictures of available property and a letter):
a A premise for developing the area had been stated as being visible,
particularly from the Spur Highway.
a Identified properties within 1/3 of mile from Lawton Acres and included
them in the packet of information distributed.
a He questioned the logic of developing Lawton Acres when there are so
many available properties/buildings within 1/3 of mile of the area.
Greg Daniels, 426 Rogers Road, Kenai -- Comments included:
a He and his wife have lived there for 25 years.
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 12
• Noise is increasing and the area has developed around them {junior high
school, golf course, Oilers Park, space center, large high school, five subdivisions,
hockey rink, etc.).
• Cutting down trees would increase noise abatement and allow noise from
the city property to filter through to all residents of three or four subdivisions and
open it up to other problems.
• Thinks there is land in the city to fit the limited commercial zone, but
believes this is the wrong parcel.
• Thinks the area zoned Conservation since 1985 should remain in
conservation as he believes it is needed much more now than before 1985.
• Reading from the staff recommendation, he did not believe the area is
"surplus" land and is needed for a buffer for privacy for the subdivisions, safety of
children, noise abatement, wildlife, etc.
• Believes their property values will be affected by the development of the
area.
• Is particularly against urban encroachment in this area.
• Would like to see the city grow within and not linearly and would rather
see a centrally located Kenai.
• People service -type businesses don't need visibility from the street.
• There will be an increase of traffic.
• Keep the green strip as a separation from downtown Kenai.
Daniels distributed pictures of the area during different months of the year. Bryson
explained Linda Snow submitted the application for rezone on behalf of the Kenai City
Council and the staff report/recommendation was prepared by City Planner
Kebschull.
Bill Osborn, 423 Rogers Road, Kenai -- Comments included:
• Same concerns expressed by Daniels and others.
• Has lived in the area since 1969.
• Believes the green strip is an asset to the city.
• Walked Inlet Woods Subdivision with two other residents and 90% of the
homeowners they spoke with strongly opposed the rezoning.
Kathy Watson, 308 Haller, Kenai -- Comments included:
• If there are animals, wildlife, children playing, and noise, the residents
would want someone to keep the animals out of the area.
• Where she lives, there are trees, but there is still noise from the airport --
development of the area would absorb some of the noise (in the Lawton Acres area)
and keep the wildlife away from the children.
Betty Osborn, 423 Rogers Road, Kenai -- Comments included:
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 13
• Wants Lawton Acres left as a conservation zone because of the children
playing, traffic from the high school, noise from the highway and noise from the
airport.
• Very concerned about the noise it will cause.
• The core of Kenai should be kept in the core of Kenai; there are empty
buildings available; she felt there are other suitable sites.
Tom Thompson, 111 Paula Street, Kenai -- Comments included:
• The six lots proposed for rezoning, and if the rezone is approved, the lots
would be developed and populated with businesses, but thinks it would be detrimental
to the welfare and safety of the community.
• Thinks it is a bad idea -- it was in 1986 when it development of the area
was first proposed, and it still is.
Bill Munson, 215 Susieana Lane, Kenai -- Comments included:
• He's a new homeowner in Inlet Woods (under a year).
• There are children using the area for biking.
• There is a lot of wildlife in the area.
• Concerned about property values being affected.
• One reason he bought in that area was because he believed Lawton Acres
would remain a conservation zone.
• He is against the rezone.
Nate Kiel, 404 Lawton Drive, Kenai -- Comments included:
• Respect and appreciated the comments offered.
• He and his wife were encouraged by the City of Kenai to pursue the area
for development.
• Feels it would be a win/win situation.
• Didn't go door-to-door, but have had people approach him about the city
opening property for development.
• His wife (Gina Kiel) submitted 25 letters from city residents in favor of
the rezoning, including neighbors directly in the area as well as other close
neighborhoods.
• The proposed zone is not a half-baked idea to promote business at the
expense of environment and residential neighborhoods.
• Administration worked diligently to initiate a new limited commercial
zone in the city, designed to promote low-density commercial and professional
business without negatively impacting residential areas.
• The new zone limits the scope of development that may occur and
provides for buffers and restrictions for new businesses in the area.
• Immediate economic benefits, including diversification of the economy;
bring in more tax revenue; bring income from land sales; existing businesses would
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 14
benefit from indirect sales; enhancement of the BLT (Buy Local Today) program;
stronger Chamber of Commerce; a greater cash flow; and, would expand services and
retail economy throughout the city.
In response to newspaper articles and quotes/misquotes, Kiel responded:
• The City should not subsidize land sales -- No one has offered them a
sale that would mean the city would be subsidizing a sale to them.
• Should not clear cut -- He lives in Kenai because it is more esthetically
pleasing and more to offer; no one has proposed clear -cutting as there are restrictions,
requirements for buffers, etc.
• Should encourage renovation of existing structures -- Though he agrees,
owners have to want to renovate, find it profitable to accommodate prospective buyers,
etc.
• This would not be 'sprawl' as there are current businesses on the north
side of the Spur Highway.
• There's a significant buffer between the drainage to Rogers Road and the
Challenger Center/multipurpose facility. It's much closer to food franchises, etc.
• There has been public testimony at both the council and commission
levels supporting the rezone.
• Thinks the 60-62' area between the property and the sidewalk is
sufficient.
bid. • Would be in support of the rezone even if he did not win the competitive
Kristine Schmidt, 513 Ash Avenue, Kenai -- Comments included:
• Believe the council indicated they were interested in a head count on the
issue and urged people to testify.
• Opposes the development as she did 20 years ago for the same reasons.
• She took pictures of empty and 'for sale' properties in Kenai and
submitted the pictures (found four in one-half hour).
• The finding in the Comprehensive Pian states, "...Kenai is fortunate to
have an ample inventory of privately -owned vacant land suited for its future
demands."
• Considers it a spot zoning request.
• Strip development in that area has been turned down twice because, she
felt, people in the community do not support strip development.
• Nothing has changed in 20 years as far as the reasons why people do not
want the area developed.
• Didn't think the city properly complied with the public posting
requirements (not the required amount of signs posted).
• There are a number of areas in the Comprehensive Plan that would not
support the development.
• Development of the area would be contrary to the latest airport land
study and consultant's report (stop selling airport land and begin leasing it).
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 15
• Development would be contrary to the KEDDS report (included in its
goals is the desire to cut down on strip development and revitalization of the
downtown area and support existing businesses).
• There is no evidence or statistics in the report to support the statement
that businesses believe, in order to survive, they must be visible to traffic.
• Doesn't believe the city needs to do the development; money is available
in the Airport Land Fund.
Pete Hansen, 418 Rogers Road, Kenai -- Comments included:
• Has lived at this address for 32 years.
• He participated on the KEDDS Committee.
• KEDDS report includes a goal to put together a basic design for
Millennium Square, develop a common ground on a portion of the 21 Acres for small
businesses, and develop a business center in Kenai.
• Hopefully in time, there will be more focal orientation of small businesses
in an area where people can walk to them instead of driving.
Public hearing was closed.
MOTION:
Commissioner Bryson MOVED to recommend approval of the rezoning from
Conservation to Limited Commercial of a portion of Section 33 S 1/2 S 1/2 SW 1/4
Lying South of the Kenai Spur Highway. Commissioner Eldridge SECONDED the
motion.
Amen noted the following:
• The meeting received a lot of good information from the neighbors and
those affected by the proposal.
• Concerns expressed were quality of life, value of homes, noise, etc.
• Appreciation of the work put into developing a limited commercial zone,
including limited square footage of buildings, buffer zones, etc.
• Question before the Commission is whether this would be the correct
application for the use of the zone for this particular property.
• He appreciated the input and from it, learned this probably is not a good
match.
Eldridge noted the following:
• Appreciated the input from the public.
• Unfortunate the use of a limited commercial zone was not advertised
more because it was designed to be a buffer development.
• From the testimony, he felt this probably would not be the time to or the
place to use the limited commercial zone.
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 16
Bryson noted the following:
• He is supportive of the concept for a limited commercial zone.
• Did not think this was the tract with which to apply it, even prior to the
testimony given.
• For persons who live relatively close to the highway, noise is a major
issue and gets worse in the wintertime and the proposed lots would not be able to be
developed without clearing a major portion of the buffer.
• Would not support the motion.
Amen noted a comment made related to concern about driveways crossing where
people now walk. He asked if all the road access would be toward the highway.
Kebschull explained, that would be a platting issue. She noted, a preliminary plat was
provided to the public, but no final decisions had been made as to development
options.
VOTE:
Hammeiman Absent Bryson No Twait No
Eldridge No Amen No Barrett Absent
Glick No I I I
MOTION UNANIMOUSLY FAILED.
Glick noted, the actions could be appealed within 15 days. Letters of appeal must be
submitted to the city Clerk.
BREAK KEN: 9:05 P.M.
BACK TOO ER: 9:14 P.M.
ITEM 6: -MD BUSINESS -- None.
ITEM 7:
7-a. PZOS-38 -- An applica ' for a Home Occup on Permit for a daycare
for the property known asl Qt_3, Yragui S division (503 Candlelight
Drive), Kenai, Alaska. App: cabQki su,befitted by Carolyn Barnes, 503
Candlelight Drive, Kenai, Alaska.
Approved by consent agenda.
7-b. Discussion'
Recom endation -- Kenai River Ce r Project #5767 - An
application sub 'ted by Gordon Griffin, Kenai Golf C641rse, to withdraw
approximate 00 gallons of water a day from Boat Laun Creek for
watering greens.
PLANNING & ZONING COMMISSION MEETING
JUNE 8, 2005
PAGE 17
COUNCIL STRATEGIC PLANNING WORK SESSION
AUGUST 20, 2005
PAGE 2
ation: Graves will contact communities to find out how a building
ordinance has worked out and come back with a recommendation.
Bluff Erosion'
Public Works M er Kornelis reviewed the results of the latest Ydyhich
recommended furth r study and noted, he has been told $500,00ing to fund
it. The federal goverrItnent has said it is not a Corps project.
Recommendation: Dr \aresponse to the latest study
Street Improvement I rid:
Discussion included developing a eet improveme fund and how to fund it.
Suggestions included a bond issue dedicati part of the sales tax or General
Elrod -- a long-term look should m e f both • a bond could be paid back via the
General Fund or an increase in mill t
Recommendation: Administ*tion sk;duld e projects a maintenance schedule
and funding options.
Wellhouse: Discussio ded, the cost is paXby or only those on the water
system and it could user
I s only if lender ays oka
Shop Remedia
does not allow
Library
Graves stated
wing for reme
Look at state
Dvement on rates. In
with proposed fundir
Recommendation:
$25,000.
tion is not a cap' al project and the Charter
Gilman su Charter change.
nds.
t
esent the impact of we house
stration is to present a capi improvement
is to draft an ordinance to increase the amount to
Recommendation: Administration is to draft an i
Lawton Acres:
the
COUNCIL STRATEGIC PLANNING WORK SESSION
AUGUST 20, 2005
PAGE 3
Bringing the rezoning of Lawton Acres before council for consideration was discussed.
Recommendation: Leave it alone.
Grant Writer:\
Recommendation:
for a grant writer ei
Recommendation:
Tourists to Kenai:
Discussion included
could be placed and
Recommendation:
&tcry auction.
The work se u
Notes enared
Have the P&Z Commission draft a landscape ordinance focused
is to
a city
Administration is
Nothing
leasing
is
at'a-t budget time, addressing the need
contract work
how often they want to
into the
to
and when.
the amount to
side the city where a sign
on highway signs.
is to draft a code amendment to allow for-an-
ended
or an -
ended at approximately 11:43 A.M.
by:
Mohn, Contractor
- tIR.Tf. VED BY COUNCIL
705
DATE CNY CLERK