HomeMy WebLinkAbout1995-11-21 P&Z MinutesCITY OF KENAI
PLANNING AND ZONING COMMISSION
**AGENDA**
Council Chambers, 210 Fidalgo
November 21, 199b, 7:00 p.m.
Chairman Kevin Walker
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: November 8, 1995
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
a. Lisa Parker, Kenai Peninsula Borough, Planning Director
6. PLANNING:
a. Subdivision Plat Approval, Beaver Loop Acres, Add. No. 1, PZ95-60
6. PUBLIC HEARINGS:
a. Rezoning Application, J & S Enterprises, Lots 31 & 32, Section 33, PZ95-59
7. NEW BUSINESS:
S. OLD BUSINESS:
a. Comp Plan Update
b. Reconsider PZ95-56, Subdivision Plat, Bailey Estates
9. CODE ENFORCEMENT ITEMS:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a, Kenai River Special Management Area Advisaxy Board, Minutes, October 5,
1995
b. Robbins' Retirement Communities Letter dated November 13, 1995
c. Public Meeting Notice
d. Memo for Parliamentary Procedure Work Session
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
1 CITY OF KENAI
PLANNING AND ZONING COMMISSION
MINUTES
November 21, 1996
APPROVED
ROLL CALL:
Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ran
Goecke, Karen Mahurin, Kevin Walker
Members Absent: William Toppa
Others Present: Councilman Hal Smalley, Robert Springer-City of
Kenai Building Official, Marilyn Kebschull-
Administrative Assistant, Lisa Parker-Planning
Director KPB, and approximately 25 city residents
APPROVAL OF AGENDA:
Chairman Walker asked for a motion to appxove agenda. Phil Bryson asked that prior
to approval of agenda, that Item 8b, Old Business, Reconsideration of PZ95-56 be
added to the agenda and BRYSON MOVED FOR UNANIMOUS CONSENT OF
AGENDA WITH ADDITION. MOTION SECONDED BY RON GOECKE.
Karen Mahurin requested clarification of PZ95-56. Chairman Walker noted in the
minutes that PZ95-56 was listed and asked if Mahuxin would like a moment to review.
Item reviewed. Mahurin stated not objection to addition. Walker asked if any
opposition to unanimous consent far approval of agenda. None noted. AGENDA
APPROVED.
APPROVAL OF MINUTES: November 8, 1995
CARL GLICK MOVED FOR APPROVAL OF THE MINUTES OF NOVEMBER
8, 1996. MOTION SECONDED BY PHIL BRYSON.
Chairman Walker asked far any corrections or additions to the minutes. None noted.
Walker asked if anyone opposed unanimous consent. None noted. MINUTES
APPROVED BY UNANIMOUS CONSENT.
PERSONS PRESENT SCHEDULED TO BE HEARD:
Lisa Parkex, Kenai Peninsula Borough, Planning Director-~-~-Ms. Parker stated she
wanted to dzscuss borough lands within the City of Kenai. Parker noted that a couple
} of years ago the Borough Assembly passed a resolution and ordinance adopting a
Planning & Zoning Minutes ~ 1121195 Page 1
Borough Land Code. Parker stated that within that code it stipulated that prior to
disposal of any borough lands that those lands must be classified. Parker stated there
/ are 14 classifications that the assembly designated as classifications for borough
owned lands. Parker noted they range from agricultural down to waste handling and
include a variety of subjects. Parker stated she had brought a copy of the borough
code to provide to the Planning Department. Parker also stated she had brought a
couple of maps, one that shows current zoning within the City of Kenai and another
map showing land ownership status. (Maps were hung.}
Continuing, Parker noted that earlier this fall the borough had received a request
from the City of Kenai to transfer borough properties to the City of Kenai along the
Spur Highway where the City of Kenai is putting a future well site and it has also
been designated as a potential site for a fire station. Parker noted that Kenai has also
requested that the Borough assist them in transferring some lands that are held by
the Mental Health Trust transferred from the Mental Health Trust to the borough and
then on to the City of Kenai. Currently within the city limits {Parker noted on the
map where the city limits were delineated.} the only land that is currently classified
under this ordinance is a small parcel near Wildwood Correctional Center. This is a
40 acre parcel that is classified as resource management with another classification
under that of residential. Parker noted that before the borough can assist the City of
Kenai in transferring the lands that they would like to have from the borough to the
City of Kenai, all borough lands need to be classified. Parker noted the borough lands
on the map are shown in red. Parker advised the lands in purple are State of Alaska,
green are City of Kenai, blue are private residential. Parker noted the code on the
map showing the designations. Parker stated the map shows a good idea of the land
ownership patterns in the city.
Parker noted that the borough is starting the process within the borough of classifying
borough-owned lands. Parker stated that where there is an existing Planning &
Zoning Commission as in Kenai, Soldotna, Seward, and Homer, the borough would
like to work with the local Commissions in determining the designations. These
classifications would then be forwarded to the Planning Commission and the Borough
Assembly.
Ms. Parker stated that was the thrust of her comments and asked if there were any
questions. Parker stated that she had noticed the Comp Plan Update later on the
agenda and that she was unaware of the status but that this classifying could be
addressed under the Comp Plan. Parker drew attention to the second map showing
the existing city zoning.
Chairman Walker asked for questions. Ms. Werner-Quade asked Ms. Parker if copies
of the maps would be made available. Parker stated the maps she had brought were
for the city. Parker added that the borough feels it is important to work closely with
\ the local governments to make sure that the classifications conform within the
existing zoning requirements that the cities have. Walker stated that he felt it would
Planning & Zoning Minutes 1 1 !21195 Page 2
be appropriate to schedule this request for a future meeting to allow time between the
l Planning & Zoning Commission and staff to analyze the properties and then provide
l the borough the information. Ms. Parker stated that the borough would make staff
available from the Borough Planning Department to work with staff from the city if
the city should so desire. Parker stated she knew that the city manager is anxious to
get the parcels along the highway classified. (Parker showed on the map the parcels
in question.) Parker noted that some parcels will be easy to classify and others that
will be more difficult. Chairman Walker thanked Ms. Parker far her information.
PLANHING:
Subdivision Plat Approval, Beaver Loop Acres, Add. No. 1, PZ95-60
CARL GLICK MOVED TO APPROVE RESOLUTION PZ96-60. MOTION
SECONDED BY RON GOECKE.
Chaixman Walker asked for additional staff comments. Mr. Springer noted no
additional comments. Walker asked if anyone in the public wished to speak to PZ95•
60, a subdivision plat approval. Member of the audience asked where this was noting
she did not have a copy of the agenda. Advised Beaver Loap area. Walker noted no
comments and brought PZ95-60 back to the Commission for discussion.
Mr. Bryson went on record noting his intent to abstain because his company has been
contacted by the developer to provide engineering services an this subdivision. No
further discussion noted, Chairman Walker called for question.
VOTE:
GLICK YES BRYSON ABSTAIN
WERNER-QUADE YES GOECKE YES
MAHURIN YES WALKER YES
MOTION PASSED.
PUBLIC HEARINGS:
Rezoning Application, J & S Enterprises, Lots 31 & 32, Section 33, PZ95-59
RON GOECKE RECOMMENDED APPROVAL OF PZ95-69, REZONE
APPLICATION, LOTS 3]. & 32. MOTION SECONDED BY CARL GLICK.
Chairman Walker asked if additional staff comments. Mr. Springer noted no
} additional comments.
Planning & Zoning Minutes 1 1121195 Page 3
'~ Chairman Walker opened public hearing and asked if anyone in the public wished to
speak to this item. Walker instructed audience to come forward, sign in, and state
name For the record.
Vesta Leigh advised she lives in what was called the Maps area. Leigh stated she was
one of the original people who got the area zoned. Leigh stated there was multiple
housing coming in that was turning "pretty shitty" already by then and they wanted
the area residential. Leigh added that here comes somebody and no one knows what
he wants and even if she did, she still wants it residential. That is why the residents
asked to have it zoned. Leigh advised she would like to speak to the 300 feet
notification policy stating that she felt it was bizarre and that you could spit that far.
Leigh noted there was a lot bigger area that got together to begin with for the Maps to
start with and feels that she should have been notified. Leigh noted that only one
interested party found out because he lived within 300 feet and came by neighborhood
doors. Leigh stated this seemed like an arbitrary 300 feet. Leigh asked if the 300 feet
is in the books and is it a rule.
Chairman Walker advised there is one issue to be addressed, the potential rezoning of
the property. Walker advised the 300 feet is a matter of city ordinance and that
Planning and Zoning cannot address it and that it must be addressed by the city
council.
1 Leigh stated she does not want to see the zoning changed and that is why they asked
to have it zoned. Leigh stated she assumes it is the petitioner who has already
"uglified" that area with a cat and shoved materials off into the drainage ditch. Leigh
noted the City of Kenai had paid a lot of money to have the ditch installed in the first
place. Leigh stated the trees, slash, and dixt is still in the ditch well over her head
and it will be there unless someone rushes out tomorrow and moves it and when water
tries to run down there it will have no place to go. Leigh stated she feels this is
indicative of what could happen if allowed to go commercial in that area. Leigh stated
she does not want this approved.
Linda Engel of Kenai. Engel stated she is vice-president of the Parent Advisory
Committee (PAC) at Kenai Central High School. Engel stated that on behalf of the
PAC officers she would like to state that they are strongly opposed to the proposed
-zoning changes in the residential area in the vicinity of Kenai Central High Schaal.
The PAC feels the safety of the children is at stake. Commercial business in the area
would cause increased traffic congestion in the area that is already potentially
hazardous.
Barbara Anderson an employee of Kenai Central High School and the vice-president of
Kenai Central High School Improvement Committee, asite-based decision committee.
This is composed of parents, staff, students, administrators, and community members.
Anderson stated they had their first meeting last week and the first order of business
Planning & Zoning Minutes 1 1127195 Page 4
was to have Anderson speak on behalf of the committee. Anderson stated the
,1 committee is opposed to the permit and have several areas of concern. First, the
/ applicant does not specify the nature of the commercial business and they are
concerned that it may target the nearly 1000 students that are at Kenai Centxai High
School and Kenai Middle Schooi noting that something like a convenience stare or a
video arcade would be a definite draw to the students. Anderson noted that they are
concerned about the safety of the students crossing the streets particularly in the
morning hours before school starts which is when they have the most freedom to do so.
Anderson stated that although Kenai has aclosed-campus policy we know that
teenagers don't always make good choices and even the best students could be enticed
to leaving school during hours, between classes, during lunch, or before school.
Concern is that this would add to school truancy as well as tardies. Anderson stated
that whatever the nature of the business in these lots, there is concern about the
traffic hazards for a commercial district for the school buses, student drivers, and the
employees, turning in and out of Kenai Central High School. Additionally, a
commercial district draws more non-students and non-residents to the area and there
is concern about unwanted visitors or intruders that may come into Kenai Central
High School.
Dave Spence, principal Kenai Central High. Spence stated he would like to reiterate
and strongly voice support of what has been said in apposition to this proposal. In
addition to the safety of the students, in addition to traffic congestion, and all of the
other problems that can be seen in changing this from a residential to a commercial
zone, one of the things that the high school and middle school like to pride themselves
on is the atmosphere at the schools. Spence stated they are a rural school having a
relaxed atmosphere. Spence stated they have what they think is a very cordial and
friendly atmosphere. Spence noted that having worked in other schools that have
undergone changes similar to this, when you rezone the areas outside of high schools
and middle schools from a residential, family type surrounding to a commercial and
urban or business type of surrounding, you also have an impact on the schools. Not
only the safety issue of drawing kids out of school and students possibly making same
unwise choices and the possible elements coming into that school, but it seems to have
an effect on the whole community. Spence stated they are very strongly opposed to
this sort of measure even though no one knows what the contractors or developers
have in mind for this. Spence stated he thinks the impact would be obvious and it
would happen very soon in our school. Spence added that with all of the problems
surrounding our communities and society in general, he thinks it would be a step in
the wrong direction.
Ramon Rogers stated it is his neighborhood too. Rogers stated the property in
question is already an eye sore and he doesn't know what the plans are and added t
will be a problem during break up. Rogers stated that speaking far the land owners in
the area that no one wants the zoning changed from residential and he urges to keep
it residential.
Planning & Zoning Minutes 11/21/95 Page 5
Dennis Dunn of 118 Wooded Glen, Kenai. Dunn stated he was here in two capacities,
one as a resident and as a representative of the school district. Dunn noted that he is
the assistant principal at Kenai Middle School. Dunn stated that first when you talk
about the adjacent propexty owners, to be honest, his family, wife, and children came
out of Tinkex Lane and hit the highway every day and he feels like he is an adjacent
property owner as well. Dunn noted that he feels that there are many who feel that
way. Dunn stated he echoed the sentiments of Mr. Spence and Ms. Anderson in terms
of the potential negative and adverse impact on the quality of the atmosphere at
Kenai Central High School and Kenai Middle School. Dunn stated that he is also
concerned with this moving as rapidly as it is without having more people involved
that he gets a sense from the people in the audience that there is a panic that this is
going way too quickly than it ought to go. Again, Hating the issue of a traffic hazard,
Dunn stated it only takes one incident of a kid doing something crazy like running
across the street. And, if it's to run across the street to get a big gulp or something
else it could be avoided. Dunn stated he didn't have information regarding what is
going to be developed but it only takes one child, one moment in time for us to look
back and say boy was that a bad decision. Dunn stated he really hopes that we don't
find ourselves in that situation. Dunn stated in looking at the City of Kenai and as a
proud member of the City of Kenai, he does not see positive impact from rezoning this.
Dunn stated it is not the kind of flirtation that we want to place in front of our
children. Kids are impulsive at this age and he cannot see anything positive. Dunn
stated it is also his understanding that the city's engineer is recommending denial of
the rezone and he would urge the commission to heed the advice of the city engineer.
Dunn stated he feels there is a tremendous quality of life in the City of Kenai and he
trusts that the commission will act accordingly in maintaining that quality of life.
Dunn strongly and respectfully suggested that this rezone be denied.
Glen McCollum, Sr. Stated he lives on lots 25 and 26, has a duplex on lot 30, duplex
on Cinderella Street, and a house on lot 20 on Magic Avenue. McCollum stated there
are five families who live in this area and we don't want a commercial unit next to it.
Lots 31 and 32 are directly across the street from these homes. McCallum stated there
have been other attempts to change the rural residential zone which have failed and
we are determined to stop this one. This not only effects Cinderella but effects the
schools too. McCollum stated he feels this should be free of any commercial
establishment and will add to traffic and insecurity to that area.
Ralph Ash stated he first moved to Kenai with his employer Star Airlines in 1941.
Ash stated he has resided at his present location on Cinderella Lane going on nine
years. Ash stated that prior to that his son lived there for approximately three years
and that he stayed with him frequently during that time. Ash stated that
professionally he has a doctorate in outdoor recreation. Ash advised that he had
served one careex as a civilian advisor for the headquarters of the Alaskan Air
Command at Elmendorf. His title was chief of recreation services and facilities
\ division. He served 26 remote sites throughout Alaska and two main air bases,
Elmendarf and Eilson. Wildwood Air Force Base was also included. Ash stated he is
Planning & Zoning Minutes 1 1121195 Page fi
firmly opposed to the changing of the present zoning of rural residential to general
'~ commercial. Adding congestion to a main arterial highway directly across from the
high school exit is not an example of good planning or zoning. This should be
considered an accident waiting to happen. Ash stated it is also in near proximity to
the Kenai Middle School exit on the Spur Highway and it will only contribute to the
accident potential in this area. This same thing applies to the entrance to the Kenai
High School. Continuing, Ash stated that no mention has been made to what
commercial venture is to be placed on this property. Additional multi-housing will
adversely effect the present rural residential environment of the area. It will bring
the usual problems associated with multi-family facilities. A commercial zone and
multi-family dwellings will totally change the rural residential character of the area.
Ash stated he is absolutely opposed to such planning and zoning. The propriety being
clear cut and leveled before the rezoning is in question. Ash stated that if necessary
he will obtain a court order prohibiting the use of his driveway as a turning around
facility. It should also be noted that students use Cinderella Lane as a walkway to
and from school. Added traffic congestion is not good planning. Ash suggested that
members of the Planning and Zoning Commission take a look at the residuals left
across the street from his residence. Ash asked that they notice the size and age of the
trees which were cut. only a few of the total remain on the ground. Ash quoted, "The
commission recently xeviewed commercial zoning along the Spur Highway. No
additional zones wexe xecommended. The Comprehensive Plan discourages
commercial rezones in neighborhoods that can be adversely impacted. In light of
recent history of the area and other attempts to spot zone along the Spur Highway,
recommend denial. Ash stated he firmly agrees with these comments and firmly
oppose any rezoning.
Laurel Pickering stated she resides on Cinderella. Although, not a property owner,
she stated she has lived there approximately four years. Pickering stated she would
like to see the neighborhood preserved as it exists now.
Sherry James who stated she also is not a property owner, rents from Mr. McCollum,
and lives right next door to Mr. Ash. James stated she woke up one morning and
looked out the window and by that afternoon the area across the stxeet had been clear
cut. James stated she lives less than 300 feet from this lot. As Mr. Ash stated, James
noted that she has people turning around in their driveway all of the time. To bring a
business in will not do them any good. They will have to put up a fence to keep the
people out. James stated that the day they cut dawn all the trees and left them the
workers were parking in their driveway.
Note: Problem with tape-public comments from this point are brief and from notes
only.
James noted that they had left a large pile of debris which by spring will have all
kinds of bugs. James commented on the clear cutting and how her building is
completely open to the highway now. In addition, felt that things happened too fast
Planning & Zoning Minutes 11/21/95 Page 7
and the owner didn't let anyone know what they were doing. James quoted the city
engineer's comments against the rezoning request.
Joanne Buzzell stated that ten years ago she and Ingrid Manzek went door to door
getting signatures to get the area xezaned. Buzzell stated Rick Baldwin had donated
legal help with the rezone. She indicated she hoped that all their work would not be
set aside and was against the rezone.
Pam Lazenby resident and parent of a student at Kenai Middle. Lazenby stated she
'was strongly opposed to the rezoning request and that the safety and welfare of the
kids should be considered. Lazenby stated the school district doesn't bus the kids in
that area and they must cross the highway to school. In addition, stated there was
talk that it may be a convenience store which would pxovide unnecessary access to
tobacco products to students. Lazenby requested the Commission not allow this to
happen.
Tracy Lee lives adjacent to lot 20. Has a daughter who will be going to Kenai Middle
School. Stated they are hoping to purchase the home in the next year but that if the
rezone occurs, they will not buy the home. Against the rezone request.
Kathy Godek, resident with two students at Kenai Central High School and one at
Kenai Middle School, Concerned with safety for those students who will skip out if a
1 business opens that draws kids. Godek noted she did not know what kind of business
J may be developed. Against rezoning request.
Debbie Sonberg a resident of Cinderella. Stated she has one child. Sanberg stated the
highway plan had little consideration for the schools. Stated there was difficulty
getting those that planned the highway to add consideration for the children because
there are so few that live on that side of the highway; however, Sanberg stated they
are very precious few. Noted that there is no bus for the children. Sonberg does not
want any commercial development to add to an already difficult problem. Asked the
commission to consider the effects on the neighborhood.
Colleen Ward of 708 Magic Avenue. In addition, stated she owns a lot off Crystal.
Encourage the Commission to consider and review the Comprehensive Plan. Ms.
Ward read several sections from the Comp Plan including information from page 15
and 22.
Tape begins again.
Ms. Ward continues reading sections......"No direct service relationships to the needs
of residents of the neighborhood. Protect established residential neighborhoods from
Planning & Zoning Minutes 11/21/95 Page 8
intrusion by incompatible land use." Ward asked the group to bear with her, she only
had a few mare statements to read. "Amend the zoning code to preserve the integrity
and enhance the character of the neighborhoods. Neighborhoods along the Spur
Highway," it lists a few, including East Kenai, "have small commercial districts which
do not necessarily serve the needs of the immediate neighborhoods. The zoning far
these commercial areas is general commercial, the same zone as the downtown area.
But, the residential neighborhood setting is quite different than the downtown. Land
use regulations should better reflect the differences between downtown commercial
use serving the region and smaller commercial sites in the neighborhoods along the
Spur Highway." And the final thing Ms. Ward stated she would like to read from the
City's comprehensive plan is on commercial land use strategies. This suggests that we
concentrate commercial development at strategic locations along the Spur Highway
where traffic turning movements can be controlled and impact on adjacent
neighborhoods can be minimized. Ward stated, to rezone the particular strip of land
that we are talking about tonight, would be adversely opposed to the city's
Comprehensive Plan. Ward stated she is here not only as a land owner but as a
parent. Ward noted she has three children and combined they will spend 18 years
making the crossing over from one side of the Spur to the other right at the critical
intersections that are being discussed. Ward asked that on their behalf that the
Commission reject this appeal or variance to rezone this property. Ward added that
she knows the Commissions job is difficult and thanked the members for undertaking
the job. Ward asked that the Commission consider the overwhelming plea of the city
l residents. Continuing, Ward asked that the Comprehensive Plan be considered and
think of the work that was invested in getting this neighborhood zoned as it is. Ward
stated that in spite of the fairy tale names like Cinderella and Magic and Princess,
please keep in mind that the residents are grounded in reality and know the
implications of such a change. And, please keep the implications in mind.
Chairman Walker asked for further input.
Hugh Chumley, petitioner. Stated he too was a resident of the neighborhood being
discussed. Chumley stated he lives on Princess Avenue. Chumley stated he came to
the area in 196$ and the area being discussed was the area of his first home site in
Kenai. Chumley noted that when he first came to the area his step-dad and granddad
worked far McCollum and he also went to Mr. McCollum looking for work. Chumley
added that McCollum's business was on the corner where McCollum now lives. He
noted that it seemed then like they lived out in the country and things have changed
since 1968. What seemed to be a journey into town now is right downtown, a five lane
road going through there. The road will go clear out beyond the area being discussed.
Chumley stated he is here to say he shares some of the same concerns expressed by
the public tonight. Chumley added that he has been in business on the Peninsula far
17 years. Addressing, Mr. Dunn, stated that his business has employed many high
school students in fact today some of their key employees are children who have been
\ brought up through the work co-op program. {At this point introduced himself and
1 noted he was the petitioner.} Chumley stated he was not here to degrade the
Planning & Zoning Minutes 11/21/95 Page 9
neighborhood and community and apologized for the delayed construction that took
place. Ch~zmley noted that he had done so to get aggregate from the Spur Highway
construction project. Chumley stated he would like to assure the Commission as well
as his neighbors and friends that he is not there to degrade the neighborhood.
Chumley added that he builds here, has children and grandchildren, and a business.
He apologized for the lack of information in the Commission's packets noting that the
hope was to put a beauty shop and video rental store which would have been open in
the evening. Chumley stated that one member of the public had noted that one child
would not be worth anything that would happen there. Chumley added that whether
the Planning and Zoning Commission appxoves this or not, the city is expanding and
he believes that some day that businesses will be there. Chumley noted the huge
addition on the church off Princess a few blocks from his home. The five lane highway
will bring change. Chumley asked the Commission tv consider this rezoning and
Chumley wants to assure the Commission and the neighbors that the intent is not to
degrade the neighborhood.
Chairman Walker asked for others wishing to speak to the item.
Jim Montgomery, i'i3b Wortham Avenue. Stated he came as a parent of two students,
one at Kenai Middle School and one at Kenai Central. Montgomery stated he was
concerned about any traffic changes in that area. Montgomery noted the exit, as has
been stated by Mr. Spence from Kenai Central, and entrance off Tinker to KMS, and
that any type o£ further traffic would cause a lot of problems. Montgomery stated he
spends a lot of tame going to and from the schools doing volunteer work, hauling kids.
There is a lot of traffic. There is a little jog there now whexe they put up a barricade.
It will all be in that area and he doesn't thank any student's life or one accident is
worth it. Montgomery urged the Commission not to vote far this.
Chairman Walker asked if any other persons wished to speak to this item. Seeing and
hearing none, Walker closed the public hearing. Item brought back to the Commission
for discussion.
Ms. Mahurin stated it is strange far her to be sitting on this side of the audience as
most of those speaking tonight are part of her school community. Mahurin commented
it is a different role for her tonight and noted her appreciation fax all of those who
came and testified. Mahurin stated she agreed with all of the comments made
tonight. Mahurin added that she appreciated Mr. Chumley sharing his intent for the
property. Mahurin stated that as being part of the school community she is very
aware that the parents in that neighborhood have tried very hard to get the school
district to designate that area as a hazardous bus route and the school district has not
done that. The parents in that area and the various PTA's have also tried to work
with the state to get some type of lights ar a crossing over the highway because
students why live on the McCollum side of that highway are crossing that highway in
the dark. Mahurin stated she is very aware of the hazards and shares those concerns.
Mahurin added she does not believe in spot zoning and very disappointed that the
Planning & Zoning Minutes 11/21/95 Page 10
property was totally cleared of every tree. Mahurin commented on the church addition
project and stated that she felt that is different than a commercial venture. In
l addition, Mahurin stated she is concerned and would like the city to check into if there
is debris in a drainage ditch and what sort of a problem that may be. Mahurin stated
she had looked through the zoning code to see what could be done and she is not aware
of any direct orders but she would like this pursued. For all these reasons, Mahurin
noted she will be voting no on this request.
Ms. Werner-Quade thanked all of the people who came tonight for taking their time to
came. In addition, noted she is a neighbor to most stating her address as 409
McCollum. Werner-Quade stated the highway configuration is a mess. Continued,
noting she enters the highway to the right and has had difficulty with the darkness
finding herself driving on the shoulder without realizing that she was not on the
highway. Werner-Quade noted the highway is not marked, there are no lights, it is
not clear, and the property has been cleared. The configurations between Tinker Lane
and Princess needs something and noted it would be nice if that happened before
winter.
Mr. Bryson stated that several items came up during testimony. One focused on
comments made and supported lay the land use plan and the land use map. The area
is very clearly identified as appropriate for medium density residential. Bryson stated
he understands the land use plan was done prior to the voluntary petition and
rezoning of the property by the individuals. Bryson commented that to him the
existing land use being low density residential is still within the general intent of the
land use plan. He stated he feels to rezone the area to general commercial would be a
spot zoning situation and inappropriate. For those reasons, Bryson stated he will be
opposing the approval. He added that he would like to reiterate that this is a
neighborhood that is the largest situation that he knows of where a group of
individuals in a large area petitioned and modified the zoning on their own. Bryson
stated he feels that it is very clear at the time what their intent was and it was tied in
to providing water and sewer for that area.
VOTE:
BRYSON NO WERNER-QUADE NO
GOECKE NO MAHURIN NO
GLICK NO WALKER NO
MOTION FAILED.
Chairman Walker thanked the audience far coming and testifying. Walker noted the
decision can be appealed to city council and that would be up to the council scheduling
as to when it would be heard. Someone from the audience asked if they would be
\ notified if the decision is contested. Walker stated that those persons within 300 feet
would be notified. The audience noted only one person was within 300 feet and
Planning & Zoning Minutes 1 1121195 Page 11
questioned the 300 feet. Walker noted he understood the concern but the X00 feet
notification is required by city ordinance. An individual asked if it could be put in the
paper four times. Walker noted it is advertised as it is a public hearing and it was in
fact advertised.
Mr. Bryson requested a brief recess.
OLD BUSINESS:
Comp Plan Update-Chairman Walker noted what was is in the packet as the memo
issued from Pat Porter the Director of the Senior Center. Walker stated he believed it
was her intention that these comments be added to the Comp Plan update. Walker
asked if there were questions from administration on this. Mr. Springer stated he had
none. Ms. Kebschull advised she was new to the process and was only familiax with
the method used by herself and Ms. Werner-Quade noting the other sections have
been read through page and page making the changes. Kebschull stated she didn't
know if that was what the Commission wanted to do with the remaining sections that
needed to be reviewed or how they wanted to proceed. Kebschull noted that by
reading them it may be evident that some changes needed to be made or deletions or
modifications made.
Ms. Werner-Quade asked how much of the Comp Plan is left to be reviewed.
Kebschull advised the Senior Citizens, the library, the health sections. In addition,
Kebschull noted she had received today from E,DD a book that may contain most of the
figures for the tables; however, she has not had time to clarify that. Kebschull noted
that Mr. La Shot is on vacation this week and he needs to review his sections.
Werner-Quade stated that essentially under Public Utilities and Services, Section H
Senior Services needs to be reviewed. And, also Section D Health Care. Kebschull
agreed and added the library information needs to be reviewed.
Kebschull suggested that she could ask Pat Porter, Senior Center Director, to read
through the Senior section to update or suggest changes. Walker advised Ms.
Kebschull to ask Ms. Porter to do that.
Walker stated that judging from the memo written by Pat Porter, most of their goals
are the same as what is in the current Comp Plan so it hasn't changed too much.
There maybe some numerical updates.
Walker directed the group to look at Item B, Health Care & Social Services, Page 47.
Walker asked if there are any changes or additions to this section. Werner-Quade
asked if Walker was referring to all of D, Walker stated yes. Werner-Quade stated she
had just read the first paragraph and did not see any changes in that paragraph.
Werner-Quade asked if that is how the Commission wanted to proceed? Walker stated
Panning & Zoning Minutes 1 1121195 Page 12
that it was such a short section that the group should take a moment to review it and
if any changes that anyone wants to make they can then be addressed.
Commission changes to page 47 as follows:
Paragraph 1-No changes.
Paragraph 2-Check and update figures.
Paragraph 3-No changes.
Paragraph 4-Check proposed figures for 1995.
Changes to page 4S:
Paragraph 4--Check Kenai Care Center for number of beds.
Paragraph 7 Vocational Rehabilitation number of employees.
Paragraph 9-Change last sentence to read, "...Kenai was completed in 1992.
The facility provides 40 housing units for seniors and is located next..."
Paragraph 9-Add statement, "Discussion has occurred with the city for a
proposed senior citizen condominium facility to be located adjacent to the present
facilities."
Chairman Walker asked for any other suggestions or changes. Werner-Quade asked if
the goals were the same. Walkex stated they were the same. Werner-Quade asked
under item a, where the Central Peninsula Mental Health Center was located.
l Mahurin stated she didn't feel it was listed as Mental Health anymore and it may
need to be checked. Goecke stated it was on Lake Street. Walker stated he believed
that this is speaking to a Central Peninsula Mental Health C4enter that is proposed
and still is proposed to be built with Mental Health trust funds moneys and there is
potentially three or four facilities that maybe built on a statewide basis of which
Kenai may be the site of one. Walker stated so he felt the statement should remain as
it is. Werner-Quade questioned item b. Walker stated that he felt that was speaking
to state funding for staff who are trying to deal with convicted perpetrators. Walker
stated that is still a goal.
Ms. Mahurin stated she will have the library section for the next meeting.
Councilman Smalley noted on Page 67 to change Niki,ski JuniorlSenior to
MiddlelSenior.
Reconsideration of PZ95-56-Bailey Estates Subdivision Plat Appxoval.
PHIL BRYSON MOVED FOR RECONSIDERATION OF PZ95-56. MOTION
SECONDED BY RON GOECKE.
Planning & Zoning Minutes 1 1121195 Page 13
Chairman Walker noted this was a motion to bring the item back to the table which
simply allows the Commission to reconsider it and does not change the Commission's
prior action.
VOTE:
WERNER-QUADE YES GOECKE YES
MAHURIN YES GLICK YES
BRYSON YES WALKER YES
MOTION PASSED.
PHIL BRYSON MOVED TO APPROVE PZ95-56 CONTINGENT ON THE PLAT
STIPULATING BY NOTE THAT NO NEW STRUCTURES BE PLACED
WITHIN THE WESTERLY 86 FEET OF THE WESTERLY LOT. MOTION
SECONDED BY RON GOECKE.
Chairman Walker stated that he believed Mr. Brysan's motion as stated xescinds the
Commission's previous action or negates the Commission's previous action and would
have this motion stand in it's stead. Bryson stated that was his intention.
Bryson stated that after the Commission's action two weeks ago that he was
1 supportive of and initiated, he looked at the original tract. Given the depth and the
J small frontage, it appeared that the right of way dedication, that Bryson stated he had
insisted upon, was incorporating approximately 25 to 35 percent of the entire tract at
presumably no compensation to the owner. Bryson stated he does feel that the
roadway should go through that azea and that Inlet View needs another access to the
subdivision. However, Bryson stated he feels the person should receive reasonable
compensation. Bryson stated his purpose in the motion is to preclude the construction
of structures in that area and if the city wants to purchase the property or negotiate
for the sale of the property it provides a situation wherein they can do that. Bryson
noted he was not approached by anyone and this was something he had determined on
his own by rethinking his actions.
Mr. Glick asked Mr. Bryson is the street could be jogged along the edge of the property
and then come out to Lawton, Bryson stated yes. He that the road could swing to the
edge and with a double curve situation the right of way could be moved to the west of
the lot. Bryson stated he would add that Jack La Shot had mentioned at the last
meeting that the property owner was either going to or had held back a structure.
Bryson asked if there is a structure on the property. Mr. Springer stated there is now
but not on the portion being discussed. Bryson stated then that this is a possibility if
there was an interest for the council to acquire the property.
Walker noted a comment he would like to make. Walker stated he did not support the
last measure because he felt it was the taking of the land and unsatisfactorily cut into
Planning & Zoning Minutes 11/21/95 Page 14
the lot. Walker noted this motion does seem to alleviate that situation and he will be
l supporting the motion.
Mr. Goecke added that he had also voted against the motion at the last meeting and
he will support the new motion. Goecke stated he did want it as a matter of xecord
that the only way that he will feel comfortable with the city entering into any
negotiations with the property owner should the city want to push Normal Street to
Lawton would be that it drop down to the west property line. Goecke stated that by
this method the city would not be indebting themselves to a major portion of that
property. Goecke stated that his concern is if the city wants to push the street
through the lot, the individual in question could hold the lot for a long time in court.
Goecke expressed his hesitance at allowing something like this to happen.
Bryson stated his logic in the 85 feet was providing a 60 foot right of way and a 25 foot
building set back. The building set back would be pxesumably on the easterly side of
the right of way if it were negotiated and this is standard.
Note: Mr. Springer was called from the meeting by the KPD dispatch.
VOTE:
GOECKE YES MAHURIN YES
CLICK YES BRYSON YES
WERNER-QUADE YES WALKER YES
MOTION PASSED.
REPORTS:
City Council--Mr. Smalley noted there was no council meeting and that a meeting
will be held tomorrow night. Smalley noted he did attend the AML meeting and that
Mr. Glick was in attendance. Smalley stated that of the last seven years this is the
best AML he has attended. There were outstanding sectionals one of which was on
the taking of land and the new federal and state laws and the impact on
municipalities. Smalley noted the new laws require substantial financial
commitments which in same cases make it prohibitive. Smalley advised there were
sectionals on the impact of funding of school district budgets, public officials and
ethics, legislative updates, and new funding proposals and revenue proposals that
state funding will be headed towards in the next two to three years (noted a minimum
of $524 million cuts with loss of revenues}. Smalley commented that revenues would
be very limited in the near future and they will be tapping into other sources such as
tourism, fishing, etc. Income taxes were mentioned. A proposal to reduce the dividend
fund check $100 per year for at least three years and use that money to create an
investment area like another permanent fund that acts as a supplemental to the state
Planning & Zoning Minutes 1 1121195 Page 15
budget. Smalley noted that the 14,000 banks in the country now will be reduced to
1000 banks by the year 2000. Smalley closed by reiterating it was an outstanding
AML attended by 25 to 30 delegates, 150 presenters and board members, a total of
approximately 500 people in attendance. Smalley commented that the Valdez facility
is an outstanding facility which is several years old and cost approximately $5 million
to build.
Mr. Goecke asked Mr. Smalley haw he and council feel regarding the Daubenspeck
property. Goecke noted the letter in the packet and that the developex is against
allowing a commercial corridor along Bridge Access but they don't address the 50 foot
wide area where they stop to the corner. Goecke asked what Smalley felt council's
feeling would be about making the developer take that strip. Goecke noted he felt the
strip would be worthless for anything else. Smalley commented that he had presented
the information at the council meeting. He noted that the Mayor had spoken and
stated it was his impression from the minutes that the P & Z Commission wasn't dead
set that there should be a commercial strip there because of a comment in the minutes
by a Commissioner, "If that is all they are going to give us, then they might as well
just forget it." Smalley noted he had stated that was not the intent of the message,
the message was that it is believed by the Commission that a larger commercial strip
is needed. That the strip needs to go the full distance of the corridor. That there is
concern about the access egress at the end at the top of the hill. There is concern
about blocking off property on the back side. Smalley stated that if the Commission
wished far him to take the message back that it does in fact want to see commercial
development in a bigger parcel, he will take that message to council again. If the
Commission wants him to suggest that if there isn't any enlargement of that
commercial area, that it be vacated and the petitioner be held accountable for the
entire piece, he will take that information back. Smalley noted that lease is between
the city and the petitioner which council will have to approve. Smalley stated he
personally thinks that the council will want them to incorporate the entire parcel and
not include any commercial development.
Goecke noted he would have no problem with that if council also said that the
developer be required to take the property described as the little handle that goes to
the corner of Frontage Road and Bridge Access along the football field. Smalley
questioned where he was talking about and Goecke clarified the area. Goecke noted
that the map as was presented to the Commission that the developer had stopped at
the edge of the football field and the strip that runs along there is nothing. Goecke
stated if the developer wants the rest of it to make them pay far that piece too. There
is nothing the city can do with that piece. Smalley noted this was not a problem and
that the minutes would be read. Walker noted that in the minutes from that meeting
that both of Smalley's statements were very true and that the Commission had in fact
urged commercial development there. And, noted that if there wasn't going to be a
commercial development, the Commission would like them to take the whale parcel.
Walker noted that many of the Commission members do believe there should be
commercial property there and that what is indicated on the map is much too small.
Planning & Zoning Minutes
17/29/95 Page 9 6
Walker stated the Commission would be very happy to see Smalley take this
information back to council. In addition, Walker noted that some of Councilman
Smalley's peers have indicated that he does in fact take the best reports back to
council adding that he believed Councilman Smalley deserved a pat on the back.
Borough Planning Mr. Bryson referenced the agenda in the packet for the November
13th meeting and noted there were several items that had created a great deal of
discussion. One being a public hearing on item F1. Bryson explained this was a
petition to vacate a bulldozed road. Bryson stated this parcel is located across
Kachemak Bay and it is a trail that was used far accessing numerous properties and
wanders across several lots. One of the individuals proceeded to construct an access
other than along that trail along one side of his lot and then closed off the other trail.
It was indicated through the courts that he wasn't quite able to do this because the
individuals did not have equivalent access to the new trail he had constructed. Bryson
stated he is now in the process of trying to legally vacate it through the platting
process. This hearing is being continued. Bryson noted there were quite a few people
who had arrived from Anchorage and Seldovia. Under item H1, Blueberry Hill.
Bryson explained this was a special consideration request to plat a tract of property
without surveying being done. Bryson stated there are provisions in the borough
ordinance for doing this. The stipulations generally are a maximum of four tracts, at
least ten acres in size, and the tracts have to be readily identifiable, most commonly
by spare parcels or tracts. This was a 40 acre tract and they wexe petitioning to break
it into 4 acre tracts. The Planning Commission voted against this. Bryson stated he
was in the minority on this decision. Bryson added that this was a tract that had
already qualified for the survey waiver when it created the 40 acre tracts from 160
acre tracts. Bryson stated the one tract owner was requesting the same consideration
again. Bryson noted it was not an appropriate situation. All plats were approved.
Administration-No report.
INFORMATION ITEMS:
Walker noted an item provided tonight marked as 7a; however, he did not address it
under new business. Walker noted that the Commission has the opportunity to
participate in a work session for lessons on parliamentary procedure. Walker noted a
list of dates to choose from: January 18, 22, 25, 29, or 31, 1996. First or second
choice. Walker asked if anyone wished to suggest a choice. Mahurin stated she would
choose the 18th, 29th, or 3181, being a Thursday, Monday, and Wednesday respectively.
Bryson stated he would agree with any and Mr. Glick agreed. Walker recommended
the first choice as the 3let a Wednesday which seems to be a good meeting night.
Second, choice as the 18th.
Planning & Zoning Minutes 11/21/95 Page 17
COMMISSION COMMENTS & QUESTIONS:
Ms. Mahurin thanked Mr. Bryson for being conscientious and working on one of the
items from last week that was uncomfortable for the Commission. Mahurin would like
the city to check and see if there are any truths to the complaints mentioned during
the public hearing that same of the property that was cleared may be in the drainage
ditch.
Mr. Walker stated he would like to make a comment on this. Walker stated it is
common practice for the city at times to come in onto person's property, perhaps in the
right of way and perhaps exceeding the right of way, to dig drainage ditches with or
without their permission. Mahurin asked Walker to repeat his statement. Walker
stated it is a practice of the city to do that. Walker noted he has property that has a
drainage ditch dug on it without his permission and he has seen other properties in
this area with the same thing. Walker stated that if this drainage ditch has been
filled or partially filled, it may be well within that person's right to do so. Walker
stated that perhaps the city could check in and see if the owner of that property has in
fact breached any laws or regulations.
Mahurin stated that was the intent of her comment. Walker stated that he had
property that they had dug a huge ditch on without consulting him.
Bryson stated that if it is in the highway, it will end up right back on the property
when the contractor starts working. He will not haul it away free.
Mahurin stated she would like to agree with comments made earlier by Ms. Werner-
Quade indicating she had come from a school board meeting last night on the Spur
Highway and it is difficult to see where the road is, particularly on a wet night.
Mahurin stated she wasn't sure where she was; howevex, notes she doesn't think there
is anything the Commission can do about it except mention that something has to
happen. It is very difficult to see along that section of highway.
Mr. Goecke stated that he feels the Commission is throwing things where they don't
necessarily belong. Goecke stated that he had talked to the city and the contractox of
the highway project and had the utility companies that serve the area done theix job,
the highway project in all likelihood would have been completely finished this year.
But, because the utility companies did not get their act together, the contractor
couldn't start where he was supposed to. He ended up starting in town which was
supposed to have been done last. Goecke agreed that the project is messed up but it is
nothing that anybody is going to be able to do anything about. Mahurin stated that
she wasn't suggesting that the Commission necessarily do something about but just
commenting that she does have a concern that it is difficult to see where you are
going. She stated she understands it may not be the contractor's fault. But, strictly
for the people who travel that road, she feels it is hazardous and it is very difficult to
see.
Planning & Zoning Minutes
11 !21195 Page 18
Mr. Glick asked if the Commission should recommend that the staff bring a
recommendation on the borough land classification request. Mr. Walker stated that
was on his list and felt it would be appropriate and with permission of the body would
ask administration to look at the maps and bring their recommendations back to the
Commission.
Mr. Glick stated he had attended AML and would like to mention a couple things since
it had been said that nothing took place that affected planning commissions. He
stated he did attend same sessions that he feels were applicable to planning
commissions. The opening session presentation was very good for not only elected
officials but any official who does public work. A session regarding the long-range
financial planning for the state had a lot of valuable information. Gail Phillips was a
speaker there. Glick stated he attended another session on new leadership realities
for officials which he felt was a very good seminar. A resources economic development
and land use seminar which included information on regulatoxy takings was very
infoxmative. This session was put on by the American Planners Association. There
was a session on municipal land entitlements and the speaker for that session was
Senator Torgerson. Glick stated he attended a round table discussion that had to do
strictly with planning and zoning. Glick stated he learned some very interesting
things at that session. A man from Kodiak stated their comprehensive plan, even
though Title 29 says it should be updated and looked at every two years, has not been
l looked at since 1968. A gentleman from Valdez told him their plan had not been
l reviewed 1978 because they can't agree on it. A woman from Fort Yukon did not know
what a comprehensive plan was. Glick stated he attended a leadership institute called
"Unite Your Community with Strategic Planning & Setting Goals." Glick stated there
were a lot of items that planning commissions would be involved with in setting goals
and they looked at comprehensive plans. Lt. Governor Fran Ulmer spoke at a lunch
regarding state/municipal partnerships. A federal update was given. Glick stated he
attended a land use planning and regulatory takings session and the laws are
changing and the courts are ruling in favor of land holders when planning
commissions place regulations on land which keep property owners from using their
'property. Glick stated he also attended a session called the "Council from Hell." This
was a session on using Robert's Rules and Glick stated this was a very goad session on
.parliamentary procedures. Glick ended by stating there were a lot of good speakers
and a lot of good information gained and he was happy that he went and feels he
learned enough to make it worth the money he spent.
Mr. Goecke commented on an article in the paper regarding East Kenai about housing
in a residential area for group housing. He stated he saw where this was okay in this
particular neighborhood and thought that the Commission had discussed something
similar. Goecke stated he felt in light of that that the Commission should be prepared
for something like that to come before them to test the waters. Goecke stated if he
l remembers right this all came about during the halfway house discussions.
Planning & Zoning Minutes 11/21/95 Page 19
Ms. Werner-Quade wanted to thank Mr. Bryson for his conscientious attention to
detail in bringing PZ95-56 before the Commission again. Werner-Quade stated that
as far as the "NIMBYS" that Mr. Goecke was just speaking about, those are not in her
back yard. Werner-Quade noted that last spring she had attended a conference that
sounds similar to what Mr. Glick just attended and it is the Alaska Chapter of the
American Planning Association in Anchorage. There was an excellent forum dealing
with planners. They encourage cities to get certain ordinances on the books before and
not after the "NIMBYS" come before you and those can range from halfway houses to
toxic waste dump sites, adult video theater houses, the types of establishments that
you don't really want to live next doox to or have families interacting with. Werner-
Quade stated she felt anything that the Commission can do to get those wheels
turning would be to the city's advantage for protection further down the road.
Werner-Quade added that just because there is a need fox something doesn't
necessarily mean that our city has to support that need. And, it is a need according to
maybe a select group of people. Also, noted she will be attending the seminar in the
spring even if she has to pay to attend and encourages anyone else to attend.
Chairman Walker noted he had a couple comments and a request of staff. Walker
requested staff poll a few other municipalities to see if they have a school zone and by
that he means a specific type of building zoning requirement or set of laws or
legislation that would be in an area where there are a large number or singular school.
Stated he was looking for something such as was dealt with tonight. He stated it
} appears that school administrations are taking an active role in keeping the sanctity
of the area in which theix schools reside. Walker asked Mr. Smalley to see if council
could look at some temporary lighting situations in the Spur Highway corridor to
rectify some of the extremely dangerous intersections that we have at this point. If
you are heading towards Soldotna, the signage is terrible, confusing, and difficult.
Walker stated he did not know how to describe it being nearly at a loss for words.
Walker stated he was looking for better signage, better barricades, reflectors, arrows,
and some temporary lights at least throughout the winter until we regain some
visibility. Walker stated he fully believes the lack of snow is not helping this but even
so we have break up to face and a song, cold, hard winter to face. Walker asked
Councilman Smalley to take that request to council.
Smalley responded he would be more than happy to take it to council. Council would
be most likely willing to draft letters to DOT since they have created this situation.
Smalley noted the city and DOT don't have a goad standing working relationship with
each othex with regard to lighting. This is because at one time they put up the
lighting in Sterling and then stated it was the city's responsibility for lighting.
Smalley noted there was a significant reduction in lighting, hearings were held,
adjustments to the project were made, and they came up with additional lights.
Smalley reiterated he will be more than glad to take that message; however, he does
not think the city will put temporary lighting in that area. Nor, will the city do
l anything with regard to barricades, etc. The city can help create signs because the
city has signs or can get them made. Signage and barricades have been discussed
Planning & Zoning Minutes 1 1121195 Page 20
with the state already but he will do it again. Smalley stated that another part of the
problem with lighting is that it is not completely relocated and he thinks that is why
you see the stub right across from the east exit of Kenai Central High School's parking
lot. Walker stated there are the portable, saw horse type flashing lights and anything
at all that would assist people i.n being able to see would be helpful. Walker noted
that the Lanes were not painted this fall so it makes it difficult to see. Werner-Quads
reiterated her frustration at not being able to see where the road is in relation to the
shoulder of the road. Smalley stated that the requests would be passed on. Walker
noted there would be a public outcry if somebody gets killed. Smalley noted that the
city has had numerous calls about "our" road project and it is not a city project only in
the sense that it is our community. Walker noted it is within the city of Kenai so it is
up to the council to rectify the situation. Smalley stated no, that it is up to the council
to make requests. Walker stated he disagreed that it is up to the council to rectify it
with whatevex it takes. If it is requests, that may be. .
ADJOURNMENT:
Meeting adjourned at approximately 9:35 p.m.
R,esp ctfully Submitted:
l ~.
J Marilyn Kebschull
Administrative Assistant
Planning & Zoning Minutes 11/21/95 Page 21