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HomeMy WebLinkAbout1993-07-13 Council Minutes - Joint Work Session with Planning & Zoning and Townsite Historic Task Force01, July la,-&293 ,, 73 Council presents Measles, Swarner, Bookey, Smalley, Williams and Monfor. Council absents McComsey. Planning & Boning Commission presents Geocke, Bryson, Bannock, Pierce, Townsite Historic Tax Force presents Meeks, Tromblee, Arness, McCard, and Malston. Staff presents Freas, La Shot, Manninen, Harvey, Graves, DeForest, Others: Clarence Ladd, Ethel Claussen, M. Targonsky, Dick Mueller, Linda Bonewell, Sandra and Paul Vozar, Bob Cowan, Tom Tomrdle. Others not identified. Bryson stated the Commission's work reviewed recommendations from the Task Force. Bryson added the National Trust for Historic Preservation made some recommendations -of what a proposed commission should include. Bryson added from the Commission's perspective, they felt the Trust's recommendations for a commission were generic in comparison of what the Kenai Municipal Code defines as a commission. Bryson stated he was concerned another board/commission would add another layer of government with which the public would have to deal. Bryson added the Commission had no problem with receiving comments from the group, however, they did not want it to add two to four weeks to the length of time it takes to go through the steps for development in the Townsite Historic Zone. Dorothy McCard stated a commission is required by the Trust in order to be a certified local government. Arness stated he spoke with the National Trust and defined a commission by the Code and they stated they believed a board would be fine. Arness added the board would not be there to make another layer of government to circumvent or parallel the Planning & Zoning Commission. Williams asked if it could be a sanctioned board that would answer to the Planning & Zoning Commission. Arness stated the board would be involved in the permitting process and meet only LE JOINT WORK SESSION DULY 131 1993 PAGE 2 two times a year. However, if a project was created, they would have additional meetings. Arness stated it would be stipulated that if a construction permit is requested in this zone, the permitting process would go through as before, however the board would review it and forward its comments to Planning & Zoning. Arness added the Board would answer to Planning & Zoning. Arness added the local government certification is needed to acquire certain grants. Arness added the terminology is that of the National Trust. The wording needs to be in the City's ordinance to satisfy the Trust that Kenai is a certified local government. P&Z would have the authority to overrule or disregard the Board's comments. Approval from the Board would not be needed to acquire a building permit. The Board would just have the opportunity to review the building projects. Williams asked how P&Z felt about having a subcommission or sub - advisory board. Geocke stated he had no problem unless there are delays to someone who wants to build because the Board could not get together. Geocke added if the Board could handle the review, he thinks it would be great because it is a different outlook than that of the P&Z Commission, Commissioner Bannock stated if the Board is needed in order to get federal grants, etc. then he sees a need. However, in absence of that, he does not see where it would be an answer either way. Williams asked Council their views of seating a board subservient to P&Z. The Board's primary objective would be to acquire the designation in order to receive federal grants. Smalley suggested before establishing the board, a letter be sent to Judy Bittner (National Trust) outlining the City's intentions and see if that meets their criteria. Smalley stated he supports the PU Commission. 11 Bookey stated it is needed in order to do anything. Swarner agreed. Monfor agreed. Administration was asked to prepare the basic criteria for the Board and how it will work along side the P&Z Commission. This . criteria should then be forwarded to Bittner for her review and comment. JOINT WORK SESSION JULY 13 , 1993 PAGE 3 Arness suggested another consideration be made: Does Council really want to do this. If it's a designation in name only and there is no real intent to do anything in that particular area, he suggested eliminating the Historical Zone and go back to the regular zone. Williams stated he did not think they wanted to do that. Williams added he is concerned of how much the Board would desire to keep their group together. Williams added Council would not be involving itself in that work. Maps included in the packet were reviewed and found to be the incorrect map of what was suggested by P&Z. Their map included in the zone the Fish & Wildlife buildings, cemetery, church, chapel, area south of the chapel ending at Channel Creek. Tromblee did not feel the Commission's area was large enough. Sandra Vozar (owner of Toyon Villa Apartments and RV Park) stated she and her husband have lived in Old Town since 1974 and has not seen a large amount of development in the area since then. Vozar stated she did not want to be included in the zone. Vozar stated she was speaking for Wayne Cherrier that he did not want his apartments included in the zone either. Vozar stated they did not want to be restricted as tightly as is proposed. Vozar added the zone is restricting a lot of property owners in the area as they are unable to sell the property...it is not marketable with the restrictions. Vozar stated Old Town should include the cemetery and church. Williams stated they did not want to disrupt the use of the area. Williams stated his vision of the zone is to guide what they want to see, as well as the structure design. Monfor stated the whole bluff area was Old Town. This is the historical part of Kenai. Tom Tomrdle - Stated he came to P&Z in order to build a structure in Old Town. Tomrdle stated he did all the steps as he was required. Bob COMM - Objected to his property being put back in the zone. Bryson explained the zoning in the whole area is still Townsite Historic. Bryson added the idea was to provide more restrictive JOINT WORK SESSION JULY 13, 1993 PAGE 4 requirements in the area remaining. Williams stated the zone as defined now speaks to structures, but not items like RV parks that do not require a building permit. Cowan stated with the RV park in the area, his building is no longer historical. Cowan stated he did not have a problem with the P&Z boundary as long as his property was not included in it.' Williams stated there are three boundary proposals: (1) covers the entire area; .(2) P&Z's proposal (only takes the portion to the west of the vertical line that jogs down to the bluff); (3) Task Force proposal. Arness stated there have not been any changes the Code since 1987 and the boundary has not changed since then either. The Task Force, after review, felt the existing boundary coming through Overland was too small. The Task Force also felt the tideland area should be included to tie the section together. The Task to Force included area that went to the east to include the old Kenai Joe's area and Clarence Ladd's property. The Task Force felt those areas were representative of the type of structures that were either existing or they would like to have built in the future. When the Task Force met with P&Z, it was suggested that instead of stopping at Cook Avenue that it be expanded to go higher. The Task Force stopped it at Cook Avenue to the south and to the east, but it was suggested that it should go to Highland because there are some existing properties in there that are representative of what they want. (Task Force suggestion was.to take everything in the purple area [on map], all the way to the beach, including the low lands and perhaps the triangle jog up in the area. Essentially, cutting out just the top of the existing area.) Bryson stated of the members of P&Z attending at this meeting, they had no problem including the beach area, the spit and the bluff in the zone. M. Targonsky - Stated that before the zoning area was set, the area was a conservation area and there was no development in the area. Cowan suggested the land owners be surveyed in regard to the zone changes. Williams stated there will be a public hearing for the JOINT WORK SESSION JULY 131 1993 PAGE 5 ordinance. Vozar stated information should be sent to the property owners to explain the ordinance. Dick Mueller - Owns property outside of the zone and the change would not affect him directly. However, Mueller believes all government interference delays development. Bannock explained Mr. Tomrdle came before P&Z with a plan, but because of the wording in the ordinance, P&Z could not allow the development. Tomrdle's plan was to build a metal building. The Code states no metal buildings. Geocke stated he was involved with the Task Force prior to becoming a Commission member so has discussed both sides of the issue. Geocke stated at no time was it meant to restrict development. They wanted to have guidelines to lend a more historical flavor to development in the area. Monfor stated Council struggled with the Townsite Historic for ten years. At no time have there been property owners without buildings on their property come to Council or meetings about this. Cowan stated he has never been contacted about any meetings. Cowan stated an auxiliary or Old Town Property Organization to give opinions. Williams suggested prior to an ordinance being brought to Council, a copy of the ordinance with boundary information be mailed to property owners for their review. Public hearing date information would be included as well. An amendment to the ordinance could be made at the public hearing to include comments by property owners who come to the public hearing. Smalley suggested all three options be included in the mailing. Vozar suggested information be included about grant funds that may be available. Williams stated grant monies are nebulous. A-MLM: Administration to put together a three -page map, along with ordinance and public hearing information to be sent to all property owners in the Old Town area. The maps would include one showing the west side, one the east and west combined, and one 41 showing the option of the boundary going up and around. Option 1: P p &Z recommendation to the west, including the beach below the bluff. JOINT WORK SESSION JULY 13, 1993 PAGE 6 Option 2: Task Force recommendation, one boundary. Option 3: Two boundary. Monfor asked about when Council put on hold the realignment and paving of Mission Street. What is happening with that now in this process. La Shot stated the project was put-on hold pending how these discussions end. La Shot added the project has been recommended for ISTEA funds. A copy of the ordinance, copy of the maps, and announcement of the date of public hearing will be sent to all property owners in the affected area. DII SBION1ORDINAHDLs a. Multi-Famiiv�,��„Q •s Bryson stated the Commission Would like to have l multi -fami dwellings included in the zone. The Task Force removed them from the zone. The Commission suggests the ability to grant conditional use permits to allow 2, 3&4, and 5&6 multi -fancily dwellings. Arness stated there is nothing historical about multi -family buildings in Kenai. The Task Force wants to limit the area to smaller structures. They do not want a lot of people living in the area. Arness added this should be to -the benefit to the existing multi -family structures., This would zone out competition to the existing structures. Williams stated if they are zoned out completely there may be . some legal problems. Conditional use permits may be need to be available. Williams stated the multi -family structures are restricted by square footage of lots. Geocke stated persons could pool.their properties in order to build multi -family structures. Arness stated there are approximately 25 vacant lots that are too small to use (Mission, Overland and Upland area). Hypothetically, the property could be resurveyed or grouped to make'12 useful lots and multi -family structures Could be built there. Arness added their concern is the amount of people occupying the area and the . amount of available space. r JOINT WORK SESSION JULY 131 1993 PAGE 7 Smalley stated there are people in the Old Town affected if the boundaries are changed, etc. them from development. If someone purchases and the zoning changes, they may not be able property as they had planned. Smalley stated liability of the city. area that will be and will restrict the property now, to develop the his concern about Williams suggested the zone be set up for duplexes now and have Attorney Graves check into the liability aspect. Measles stated the area already has the restrictions will be relieved. Smalley. Bookey stated the smaller should be included. The larger the should be. Bookey added he would b they are on a large enough area. e the restrictions. Some of Swarner disagreed with the zone, more restrictions zone, the less restrictive it in favor of six-plexes if Information sent to property owners should include whether to' allow single family or multi -family structures -- to a maximum of six-plexes. b: Review Process Arness stated the Task Force indicate and request the Board be involved in the review process. The Task Force left that up to the Council. However, they feel a stipulation should be included that the Board has two weeks to make its recommendations to P&Z. P&Z would take the Board's comments into consideration. If the Board does not make its recommendations to P&Z by its next meeting, P&Z goes ahead and makes its decisions without the Board's comments. Arness stated it was his personal opinion this would alleviate any concern about another layer of government, Bannock and Bryson suggested the definition of when the Board is to act should stated "as needed" or eliminate it. The Board will meet one hour before P&Z meetings to review . matters of TSH nature. Information regarding development in the TSH zone will be mailed out to the Board at the same time the P&Z Commission packet is sent to the Commission. The person applying • • JOINT WORK SESSION JULY 13, 1993 PAGE 8 to develop in the TSH zone should be available to speak before both the Board and the Commission to answer any questions. a,L Metal Bnil�i_naa Bryson stated metal buildings should be definitely added to Page 3 of the PH proposal, (3)(a), Bryson suggested it be better defined, i.e. metal sided or metal structure, etc. Administration is to work on the language and allow complimentary metal buildings but disallow square, ragged -edged or quonset but metal buildings. Arness stated the National Trust suggests five members to the Board. Williams stated the Kenai Municipal Code states membership of boards, committees and commissions to be seven. Membership to be seven. Williams added persons who wish to serve on the Board should contact City Clerk Freas for the appropriate application. ems, OrdiAanae Preearatbon The ordinance with map should be ready for introduction at the September 1, 1993 Council Meeting. The public hearing should be for the September 15, 1993 meeting. Administration to review comments of the National Trust for consideration in regard to preparation of the ordinance and maps. ADDIU MSMT= The work session ended at approximately 9:10 p.m. Min es tra ri and ubmitted by: Caro L. Fre s, C ty Clerk