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HomeMy WebLinkAbout1994-10-12 P&Z Minutes\ City of Kenai, Alaska 210 Fidalgo, Suite 200 ~~') PLANNING AND ZONING COMMISSION **AGENDA** October 12, 1994 - 7:04 p.m. Chairman KeWin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES 5eptemi~~ 28, 1994 12. COMMISSION COMMENTS & GIUESTIONS ~ 13. ADJOURNMENT City of Kenai, Alaska _ 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION **MINUTES*"` October 12, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL Members present: Phil Bryson, Ron Goecke, Teresa Werner-Quade, Bill Toppa, Carl Glick Members absent: Lori McComsey, Kevin Walker Also present: Councilman Hal Smalley, Jack La Shot, Loretta Harvey Swearing in of new Commissioner Bill Toppa. Loretta Harvey administered the oath of office to Bill Toppa and welcomed him to the Commission. Chairman Walker was unable to attend this meeting so Vice Chair Glick officiated. 2. APPROVAL OF AGENDA Vice Chair Glick noted that item 5 a. Conditional Use Permit for an Adult Community Residential Center had been removed from the agenda by the applicant Sandra Vozar. MOTION AND VOTE: RON GOECKE MOVED APPROVAL OF THE AGENDA AS AMENDED AND ASKED FOR UNANIMOUS CONSENT. BILL TOPPA SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES September 28, 1994 MOTION AND VOTE: RON GOECKE MOVED APPROVAL OF THE MINUTES AS PRESENTED AND ASKED FOR UNANIMOUS CONSENT. BILL TOPPA SECONDED. PASSED BY UNANIMOUS CONSENT. Planning & Zoning Commission October 12, 1994 Page 1 4. PLANNING 5. PUBLIC HEARINGS a. Resolution PZ 94-49 Residential Center - Sandra Vozar Conditional Use Permit for Adult Community Lot 1, Toyon SID - 1001 Mission Street -Paul & Vice Chair Glick noted this item had been withdrawn from the agenda by the applicant. b. Resolution PZ 94-50: Rezoning-City of Kenai (near Cone property} Vice Chair Glick introduced the item and opened the meeting to public comment. PUBLIC HEARING*"*VERBATIM: Jim Butler, 125 N. Willow, Kenai, I had the opportunity to address the P&Z almost two months ago, maybe a little before that to request your support for a proposal that Mr. Cone had put in for the Small Parcel Acquisition for the Exxon Valdez Trustee Council {EVTC). At that time, the Commission expressed their support, but also their concern that there was a chance the prapery might be tied up and locked away, if you will, from constructive use in the future. I took that as an indication that the City is still interested in seeing something that would work with the property. After I left the Commission I approached the City Council and they also supported the acquisition, as purposed, but expressed similar concerns that the Commission had, not to let the land sit idle. Both the Kenai Peninsula Borough Planning Commission and the Borough Assembly passed a resolution supporting the acquisition. As part of, not so much the challenge, but the concern not only as a resident of Kenai, but as somebody who's involved an Mr. Cone's behalf regarding the acquisition I struck up a dialog with Fish and Game (F&G}, the Department of Natural Resources (DNR), and the City of Kenai to see if somehow, the land managers along the Kenai River could somehow work in concert with the City of Kenai, to see if the acquisition could somehow meet some of the City of Kenai's needs and the (needs of the) land managers along the Kenai River. Those discussions, to today, have been quite fruitful, and that's why the zoning request is before you. The City has shown a desire to rezone that property which lies, according to your map here, below the Cone property to Conservation. As you know, that's pretty much wetlands, and it would be hard to da anything with that. if the City rezones that property, the acquisition of Mr. Planning & Zoning Commission October 12, 1994 Page 2 } Cone's property becomes quite more attractive, because it's the only road frontage to this property down here. Contingent on the rezone, Mr. Cone's property would then be acquired by either the EVTC, and now even F&G has expressed interest in acquiring that property. Qnce it's acquired the property goes into the DNR's hands. The DNR, it's sort of complex, so I'll try to walk you through it and then I'll answer some questions, has expressed an interest in granting to the City of Kenai, sufficient funds to establish a park on this site. The park would be a new type of park for the Kenai River in that it would not encourage access to the river, but provide an interpretive site, so people could enjoy the river, view the wildlife and the lands out here, without actually getting out and damaging the river bank. The interest is having it be an interpretive and education site, so people could learn about the sport fishery and the commercial fishery, the wildlife that is common to that area and most importantly how critical the habitat along the Kenai River is. So the City of Kenai would end up with a park, which I think would be a very nice feature for the City. And, also the working with the State agencies along the river, to show that they're in fact, interesting in working to protect the river, which as you are all aware, is a growing concern for policy makers at all levels. I obviously support this resolution and would like the commission to support it. This is only one small step along the path we are taking in working with these people. I believe it meets the objectives of the property that you supported acquisition of several months ago, would not sit idle. It introduces some new features which I think are attractive to the Commission. And that is, it will establish the City of Kenai as a leader in progressive land use along the Kenai River as well as establish a model working relationship between the City, State agencies and private land owners on how to address a really important issue for the whole City of Kenai and the people in the community at large and that is protection of a critical area. That's a lot of information real quickly, if you have questions I would be glad to answer them for you, if I could clarify anything. Vice Chair Glick, questions? Councilman Smalley, a question as a Councilman, and again, I am not a voting member of this body, on the rezone that the city would be contemplating you made a comment that the trust council, contingent upon this rezone the city property would look more favorably upon the purchase of the Cone property and would look more favorable on the grant that the city has applied for, for this interpretative site. Is the EVTC and the State going to put that in writing? Planning & Zoning Commission Octol,er 12, 1994 Page 3 Jim Butter, someone from DNR is here and I'll let them address DNR specifically. I haven't had the opportunity to look at the resolution that's before you but I'd like to say, if possible, it would be constructive to draft it loose enough, so if the property is acquired by F&G or the EVTC, the rezone would go forward. What we're finding out through this process there might be other options for Mr. Cone. Especially since the City's stepped into the situation and expressed interest in working with state agencies. I think that the rezone is a rather simple step on property that, you know, between people who are very experienced in this, is not going to be developed anyway. It's real wet ground down there, and as you are probably aware the lower part of the Cone tract drops off to where the wetlands start and all this area is considered critical habitat. For the city to do anything, 1 think it would pretty tough to do anything. Whether the rezone is contingent on the acquisition or not, I think that is something the Council will be involved in negotiating with the state. We've been working, 1 think, pretty constructively with the Administration on trying to set up that framework loose enough so that as the deal takes shape we'll be able to put something together. I don't know if that answers your question Mr. Councilman, it was sort of around the point, but like I said, we've got parks here and I'll let you put them on the spot. Are there any other questions? Vice Chair Glick, are there any other questions for Mr. Butler, okay, thank you. Susanne Fisler, Box 366 Kasilof Alaska, I work for the State Division of Parks and Outdoor Recreation {DOP/OR). I'm the Kenai River District Ranger. I have worked on the Kenai River for close to 17 years now, and I've seen several differently proposals come before the City Council on behalf of Chester Cone. Different development proposals, both involving the City of Mr. Cone, wanting to do something on his own. And he's been met on all corners from the agencies with firm "no's" regarding the types of development that he has proposed to put on his property. In working with Mr. Butler and Mr. Cone on this whole proposal this has been the first time I've actually seen many of the agencies that were saying "no" excited about doing something positive with the property. And it presents an opportunity for all of us to do the right thing of the river. As you know, the DOP is being held to the fire a lot lately for the shape our properties are in, and the public access that we're providing and yet not protecting the river. The DF&G has been put to the fire also for purchasing property for public access and yet they're supposed to be managing our resources, to the benefit of the resources. And so, we've all been looking for ways that we can all work together to do something right for the river and this piece of property presents that for us. Planning & Zoning Commission October 12, 1994 Page 4 _~ To answer Councilman Smalley's question directly, unfortunately for me and for DNR the Exxon Valdez funds are administered by a Trustee Council and I cannot guarantee what the EVTC will or won't do. Certainly the rezone of the 100 acres would make it more attractive and offer a future expansion of the boardwalk in the future, and educational facilities that are proposed. The DNR strongly supports this project as proposed. The DOP Habitat Division are very excited about the project also. And, again I've been in one meeting with the Mayor and with all the different players that were involved and it seems to be a real exciting step to provide something to the people of Kenai, also that would be a benefit to the residents as well as the visitors that come to the state. It would be a year round facility available to them. Are there any questions? Vice Chair, are there any questions? I gues the audience who would like to speak to the bring it back to the Commission. s not, thank you. Is there anybody else in rezoning of this property? Seeing none I END PUBLIC HEARING"'"END VERBATIM MOTION: PHIL BRYSON MOVED APPROVAL OF RESOLUTION PZ 945Q REZONING OF THIS PARCEL OF LAND. BILL TOPPA SECONDED. DISCUSSION Ron Goecke said it looked like the City was taking a piece of property and basically giving it to the State far their wishes and desires without anything being put on the table as far as what they are going to do in return for Kenai. I would like to postpone this thing until a time when the State says, this is what we propose to da and we would like to do this and do that, in turn this is what we would like to do for you. Right now we are handing over 500 acres of land without anything in return. I have a real problem with that. Phil Bryson said he didn't believe there was any property transfer involved in the rezoning action. The rezoned property will remain the property of the city. Planning & Zoning Commission October 12, 1994 Page 5 1 Teresa Werner-Quade said currently the property is zoned rural residential (RR). It is obviously not being used for RR purpose, or will be in the future. The proposal is to rezone to Conservation ~C) which actually fits the status of the land currently and in the future. It is primarily wetlands in that area. Phil Bryson read the portion from the code on Conservation: The C-zone is intended to apply to areas which should be preserved primarily as open areas and as watersheds and wildlife reserves ... It is intended that this zone shall apply mainly to publicly owned lands. Bryson felt this property clearly fit this definition. Vice Chair Glick asked for further discussion, seeing and hearing none he called for the question, VOTE Resolution PZ 9450: Bryson Goecke Toppa Werner-Quade McComsey Glick Walker YES NO YES YES ABSENT YES ABSENT ~ MOTION PASSED BY MAJORITY VOTE. OYES & 1-NO & 2 Absent 6. NEW BUSINESS Vice Chair Glick noted the memo in the packet. The Council meeting for November lfith was changed to the 23rd due to the AML Conference. Since November 23rd was the regular date for P&Z staff wanted the Commission to reschedule or cancel the second meeting in November pending a lack of agenda items. Phil Bryson moved the meeting be cancelled if there are no significant agenda items. The Commission concurred. Jack La Shot suggested if there were significant agenda items the Commission could meet at 6:00 p.m., before the Council meeting. The Commission concurred. The P&Z meeting for November 23rd is cancelled unless there are significant agenda items. 7. OLD BUSINESS Planning & Zoning Comrr~ission October 12, 1994 Page fi 1 8. CODE ENFORCEMENT ITEMS a. Letter to AAA Taxi Jack La Shot said he had spoken with Mr. Hibbert and although a complaint has been filed La Shot felt his business was within the guidelines of his permit at this time. 9. REPORTS a. City Council Councilman Smalley said there were people present at the last Council meeting who wished to address the possibility of Haifway houses within the city. Mayor Williams relayed to them, there were channels the proposed projects would need to go through before they reached the Council level. The halfway house on Mission has been pulled because the state is no longer interested in Kenai as a place to house prisoners. La Shot said the other applicant, off Spruce wished to proceed with the process. There is an advertisement running in the paper regarding what the city is doing, this has had a good response in the past. The Council has set a meeting to review Goals & Objectives for November 1st. The City bought a square on a Kenai Monopoly game. Kenai Junior Achievement is developing the game which will be developed for resale. Ron Goecke asked about the Inlet Woods settlement. Smalley said it has not been settled, but the City Attorney and McLane's attorney are working to resolve this conflict. b. Borough Planning Commission Phil Bryson reported that Unocal is preparing a video addressing disaster training, specifically geared toward the North Road area. The video will be circulated to various groups that wish to show it and also Unocal is preparing a safety packet to distribute, mainly in the North Kenai area. The Oil and Gas Lease has been modified and the public hearing process has been rescheduled to next year. Planning & Zaning Commission October 12, 1994 Page 7 Property was rezoned to resource extraction and then it was determined that the intent was management of timber resources, subsequently the ordinance was modified to define the use as resource management. Iola Subdivision was the only plat specific within the City of Kenai. Carl Glick asked if the staff comments were incorporated regarding the streets. Bryson said he thought it was 50 feet. c. Administration Jack La Shot reported the city is beginning to allow the residents in Thompson Park to tie into the water and sewer lines. Normally when water and sewer becomes available to an area that area is rezoned Suburban Residential. This allows for smaller lot sizes, since the DEC requirement of 40,000 sf for on site septic and well is no longer needed. La Shot suggested the Commission might wish to address rezoning portions of Thompson Park at the next meeting. The Commission concurred. La Shot asked if there were comments on the Kenai River Overlay District. Bryson said he had requested this be included in the packet and he said if the Commission ~ had comments he would be glad to pass those on. Glick said the ordinance has been introduced to the Assembly but no public hearings have been scheduled. Bryson noted a work session has been set on October 22nd at 9:00 a.m., at the Borough to discuss this ordinance. d. Historic District Bvard Loretta Harvey reported this meeting was cancelled because the applicant pulled the permit. 10. PERSONS PRESENT NOT SCHEDULED Vice Chair Glick asked if there were persons present who wished to address the Commission? There were none. 11. INFORMATION ITEMS a. Kenai Peninsula Borough Ordinance 94-52: Establishing the Kenai River Overlay District b. Memorandum Regarding Kenai Transfer Site Planning & Zoning Commission October 12, 1994 Page 8 J Jack l_a Shot reported the work was in progress the Borough has worked with the neighbors to correct the problems they had with the buffer. 12, COMMISSION COMMENTS & QUESTIONS Teresa Werner Quade said she had talked to K&O towing about crushing a car. The owner has said they will call people in Kenai when the crusher arrives. Councilman Smalley officially welcomed Bill Toppa to the Commission. Teresa Werner-Quade said Mayor Williams had been on the news the previous evening regarding the bluff erosion on Mission Street. Quade thought the Mayor did a great job representing the city. Ron Goecke asked if the Council had addressed this issue? Councilman Smalley said this has been addressed several times. That portion of the bluff is basically at nature's mercy. The Carp of Engineers are ultimately responsible for this problem, but the cost is so high it is not feasible. There is not enough money allocated in the state to correct this problem. 13. ADJOURNMENT There being no further business Ron Goecke moved to adjourn. The meeting was adjourned at approximately 7:50 p.m. Respectfully submitted, H~rve~/Administrative Assistant Planning & Zoning Commission October ~2, iS94 Page 9 ~ y } TESTIMONY $IGNwIN SHEET NAME ADDRESS l~ Y~~/ 1~~ ~~' ~~~~~~ r~~~c~~ r 3i3 ~ ~ 1l~~ ~~~~~~,~ 3~0 ~t~.~~ ~~~~~ ~~~~ ~~~ti ~ ~ ~~ ~ ~~ ~ ~~ ~ 8~~~~ Q,k,cw a s a y ~~ REPRESENTIN{3 \~~ X~ I/ -~ TESTIMONY BIQN-IN SHEET J NAME ADDRESS REPRESENTING PZ VOTING ~v ~ 1994 ROLLCALL '1 VOTE VOTE ITEM: ~2. q7~ S~ 6RYSON GLICK GOECKE CLICK GOECKE TOPPA GOECKE TOPPA ~ MCCOMSEY TOPPA WERNER-QUADE MCCOMSEY ~ WERNER-QUADE BRYSON WERNER-QUADE ~( BRYSON ` GLICK WALKER WALKER ITEM: VOTE VOTE VOTE TOPPA MCCOMSEY WERNER-QUADE WERNER-QUADE BRYSON WERNER-QUADE BRYSON GLICK BRYSON GLICK GOECKE GLICK GOECKE TOPPA GOECKE TOPPA MCCOMSEY WALKER WALKER WALKER