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HomeMy WebLinkAbout1994-10-26 P&Z Minutes~) City of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION "'AGENDA** October 26, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES October 1994 4. PLANNING a. Resolution PZ 94-53: ~. PUBLIC HEARINGS a. Resolutiaii P~~A 6. NEW BUSINESS a. Resolution PZ 94-5F b. KPB Ordinance 94-52: ...... c.... Suggested KMC Additi a. Salvador/Junk Gars Use: Perm 7dscaping/Site'..P enai River Overlay - Regarding Quas 9. REPORTS a. City Council ~` b. Borou h Plannin °~ 9 g ~~:....... ~. c. Administration ~~~ d. Historic District Board 11. INFORMATION ITEMS 1. Baron Park SID No. 9 2. l ola SID 12. COMMISSION COMMENTS & QUESTIONS Park -Wallingford Add. ay Hvuse - Wisnewski 13. ADJOURNMENT City of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION ""*MINUTES** October 26, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL Members present: Phil Bryson, Carl Glick, Ron Goecke, Bill Toppa, Lori McComsey, Teresa Werner-Quade, Kevin Walker Also present: Councilman Hal Smalley, City Engineer Jack La Shot, City Clerk Carol Freas Chairman Walker invited the Mayor to swear in Bill Toppa. The Mayor welcomed Toppa to the Commission and issued the oath of office. 2. APPROVAL OF AGENDA MOTION AND VOTE: CARL GLICK REQUESTED THAT ITEM NUMBER 5, (CONDITIONAL USE PERMIT FOR HALFWAY HOUSE), BE MOVED UP ON THE AGENDA, TO BETWEEN 3 AND ~~ 4, DUE TO THE LARGE NUMBER OF PEOPLE IN ATTENDANCE THAT WISHED TO ADDRESS THE ISSUE. GLICK ASKED THE AGENDA BE APPROVED AS AMENDED. PHIL BRYSON SECONDED. GLICK ASKED FOR UNANIMOUS CONSENT. AGENDA PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES October 12, 1994 MOTION AND VOTE: CARL GLICK MOVED FOR THE APPROVAL OF THE MINUTES FOR OCTOBER 12, 1994. RON GOECKE SECONDED AND ASKED FOR UNANIMOUS CONSENT. MINUTES PASSED BY UNANIMOUS CONSENT. 4. PUBLIC HEARINGS a. Resolution PZ 94-51: Conditional Use Permit -Halfway House Chairman Walker introduced the item and asked the pleasure of the Commission. Kenai Planning & Zoning Commission October 26, 1994 Page 1 MOTION: CARL GLiCK MOVED FOR APPROVAL OF RESOLUTION PZ 9451. LORI MCCOMSEY SECONDED. Chairman Wacker opened the item to public hearing and asked if there were members of the public who wished to speak? PUBLIC HEARING: Carl Helton, 1214 Fourth Avenue, said his wife and he were real concerned about this resolution. It seems that halfway houses don't have a real good record. One of their main concerns is, there are no street lights. The closest street light is over on Birch. First, Second, Third, and Fourth on Birch have light, the next light is on Fourth up at Forest Drive. it's real dark in there, there's a lot of children. Mr. Helton read a letter he and his wife had sent to the City (attachment 1} into the record and thanked the Commission. Patrick Geraci, 311 Cindy Circle, said he lived directly behind the proposed four- plexes. He presented a petition to the Commission. Geraci said the names on this petition were gathered from Anchor Trailer Court to Fifth Avenue, from Spruce until Floatplane Lake Road there. There were only two people who did not want to sign the petition. Everybody else said the same thing, they felt insecure with something like this coming into our neighborhood. Geraci has a seven year old son, and his wife is a den mother for Cub Scouts. His friends and people in the Cub Scaut troop have told him they would feel insecure with their children coming over to play with his child, or having any den meetings with something like this in the area. If this halfway house is approved he said he would be forced to leave Kenai, sell his home and take a loss. His family was more important than his job or my home. He was opposed to the halfway house. Brian Templeton, 1209 4th Ave, didn't agree with this halfway house either. He has three girls at home and he felt the only suitable halfway house is Wildwood. it's a good neighborhood, everybody looks out for themselves, until somebody needs help, and like other people said there are a lot of kids in the neighborhood there's a lot of kids waiting far buses in the morning. His main concern was the children. Sears Elementary is on Forest Drive, and there's a lot of little kids that travel, not just during school, but on the weekends they are going down to the park. There's a little park at the end of Fourth Avenue there, and that lot right next to me, at the current time is vacant, there's a lot of kids that play football there. He felt this is the stupidest thing he had ever seen in a residential area. Ron Rifredi, 408 Birch said he shared the same concern of the people who spoke so / Kenai Planning & Zoning Commission October 26, 1994 Page 2 1 far. He said he had young children and lived less than a block away from the proposed site. He thought the Wildwoad Prison which does a lot for the economy of the area, has been through some political in-fighting in the past. He was opposed to the permit. Rick Sitbon, 112 Haida, said rather or not people like it, criminals are going to be released in this community. Halfway houses are a reality because these people need a transition, but this community is not conducive to a halfway house. There is no mode of transportation for these people to go and find work, there's already high unemployment, and of course, there is concern for the security of the community. We have a prison that is set to expand, do we want to be known as a prison community or a family community? He felt the citizens don't want, and don't need a hal#way house. He urged the Commission not to approve it. Richard Warrington, 313 Cindy Circle opposed a halfway house in his backyard. He complained the owners of the property were leaving a dumpster in his leeway. His fence has been pushed in when they plow their snow out of the parking lot. Warrington passed a map of his property aut to the Commission and asked if he still needed to have the leeway? Does the gas or electric still, do I still need to give up that ten feet far the gas and electricity? Chairman Walker, said this should be addressed at a different time. It would be his interpretation if it`s on your property you would need to retain it. Gina Samuel, 1208 4th avenue, in Kenai said she and her husband were opposed to the halfway house going in. There will not be just misdemeanors going to the halfway house. The majority of the people that will be released to the halfway house in this area are felons. We're talking about burglars, thieves, druggies and sure there are going to be some DWI's and people driving with their license suspended and stuff, but the bulk of these people are felons, not misdemeanors. She didn't want those people in my back yard. There are a lot of children in that neighborhood and she didn't think it's the right place for it. Sometimes in the middle of the night halfway house residents walk away when they're supposedly at their job. If they want to put a halfway house in this area, and that is what may happen, put it someplace out of a residential area. Don't put it three blocks down the street from Sears Elementary. Samuel noted an article in the Anchorage paper which stated the guy that supposedly confessed to killing Joe Vogler had been in a halfway house. She read from the paper, "the court in Anchorage is holding this regional center for Alcohol and other additions in contempt of court, and I'll just read a paragraph here for you: "A court order said that if West {that's the man that confessed to killing Vogler) was released from a program he was to be returned to jail immediately. But court documents show it was about a week before authorities were informed that West was free." She said Kenai Planning & Zaning Commission Dctober 26, 1994 Page 3 1 the prison gets bulletins all the time about the walkaways from the halfway houses in Anchorage. What in the world do people think is gonna happen dawn here? They'll walk away down here just like they walk away up there. She strongly urged the Commission, to not let the halfway house go in on Spruce. (applause) Mary Lopez, 406 Evergreen, objected to the halfway house. Chairman Walker, thank you. Would the next person please come forward. Karen Ruebsamen, P.O. Box 2909, Beaverloop Road. She does not live in area but would not be opposed to the halfway house. She felt such a place would benefit Kenai, and felt it was needed to help criminals reenter society. The people need to learn to function in society and to work back into family situations. These people are coming back into society regardless of whether they come through a halfway house. We need to give these people a smooth transition back to their families. Tom Rohn, 310 Cindy Circle, has lived there for 12 years. They like the neighborhood being close to the school and the convenience of living close to stores, etc. He opposed the halfway house because it would bring in people who were not desirable. Gus Rodes, 207 Birch Street, thought the woman who spoke (Ruebsamen) had a good point, the people from Wildwood need to be recycled back into the community, but, if she likes them so much, why don't we put the halfway house next to her on Beaverloop Road (applause). Chairman Walker advised the speaker to address the item on the table. Gus Rodes stated there were a lot more children in the area since he moved in. The halfway house will bring in an undesirable element into the neighborhood and he is opposed to this. Denise O'Connell, 505 Pine Street, said she doesn't live real close to the area but her children play near that area. She works at Wildwood and knows the type of people that will be in the halfway house so she was opposed to this. James Meek 411 Birch, said he had three kids and he lives near the proposed halfway house. He felt the felons were manipulative opportunists and it was just a matter of time before something happen to a child. He was opposed to the CUP. Jahn Coon, said he was a 25 year resident of Alaska. He owned property near the Kenai Planning & Zoning Commission Octoher 26, 1994 Page 4 site and he has grandchildren that attend the school near the site. He had compassion far the prisoners but did not feel they needed to be in a residential neighborhood. Gary Hinkle, K-Beach Road, felt the people the group was talking about are on the streets now. He asked the residents to think of this from a different prospective, the people are on the streets without the benefit of a halfway house. Hinkle volunteers at Wildwood, because the number of visits a person has in prison is related to their success ratio after they are released. These people need to be able to readjust to society. Hinkle said he understood the public's concerns but felt Kenai would be safer with a haE#way house then it is now. The statistics show that prisoners who reenter society through halfway houses have a better chance of not returning to prison. These people are in the community, and the community needs a halfway house. Cameron Dockery, a local minister wished to support the halfway house. The halfway house is not for money, he said his way of thinking about prisoners has been changed. His church helped a convict that had been released and is doing well working as a legal secretary. The problem is going to get worse unless the community bans together to make it better. Karen Mahurin, 311 Aspen, wanted to make a point that had been missed. Mr. Pruitt, head of corrections, had recently been to Kenai and said that no halfway houses are planned in Kenai, at this time. She felt this was a moat point and discussion at this time seemed fruitless. She felt that it would not be proper for the Commission to approve a CUP far a project that may never happen. The suburban residential area does not allow this type of development. ,Mahurin did not feel the permit should be granted and asked the Commission to vote against the halfway house. Ike Rediske, 310 Cindy Circle, opposed the halfway house because he felt they did not belong in a residential neighborhood. Michael Mishou, 531 Ash, stated he had mixed feelings about the halfway house being in that neighborhood. He said he had worked at a counseling center and reported there is a sizable number of mentally ill people in the area. A large percentage of these people have done time for various crimes. When released into the community there recidivism rate is !ow if they are allowed to reenter society with help. He felt it was important the community accept some responsibility for prisoners reentering society. Whether the location is appropriate is not the issue it's whether the community has a responsibility to help these people is the issue. He urged the Commission to not grant the permit in such a heavily populated area. Kenai Planning & Zoning Commission October 26, 1994 Page 5 Teresa Connolly, 1314 4th Avenue, has lived in the area about a year. Crime has touched the local community in recent years and there are more criminals in the area. The halfway house is a good idea but not in a residential community. Neal Hayes, owner of four-plexes on Spruce. He said he didn't know there was a problem with his dumpster, if someone would have said something to him he would have fixed the problem. Hayes said he has a son that's in jail and fram what Hayes has learned about the prison system he wished to try and start a halfway house. Research has shown that criminals do better if they are slowly reacclimated to society. By definition a halfway house should be located in a residential area. If there is no halfway house the criminals will be released in the area with a few dollars in their pockets, and no help to rehabilitate. (From the audience) What kind of security will be provided for the neighborhood? Hayes these people will be monitored 24 hours a day. They will be counted 16 times a day. If anybody was in a halfway house and wanted to escape they wouldn't stay in the area. Gina Samuel, said she works at Wildwood, and has been there nine years. When people go to prison, they made a choice to break the law. She is not against the halfway house, there are old apartment houses at Wildwood that can be used where ~ there would be security. She said to put them somewhere, but not in a residential area. (applause) Chairman Walker asked if anyone else wished to comment on this issue? Seeing and hearing none he brought the item back to the Commission for discussion. DISCUSSION: Teresa Werner-Quade said she agreed the community might need a halfway house but she was opposed to the location due to the proximity of Sears Elementary school. (applause) Councilman Smalley requested that the records reflect the two items on the table at the meeting which expressed opposition: the memo from the Clerk regarding a call she had received from Mr. Isham, 1210 Fourth Ave, and the letter from Jacquie Imle, Sears Elementary Principal. Chairman Walker said he appreciated the people who spoke out this evening and said he agreed with their concerns and believed this was an inappropriate place for such a halfway house, at this time. Walker asked for a roll call vote. Kenai Planning & Zoning Commission October 26, 1994 Page 6 VOTE Resolution PZ 9451: Bryson Goecke Toppa Werner-Quads McComsey Glick Walker NO NO NO NO ND NO NO MOTION FAILED UNANIMOUSLY. Chairman Walker said this CUP is denied, ladies and gentlemen thank you very much {loud applause}. Walker explained to the people that Mr. Hayes can appeal the decision to City Council. A lady from the audience thanked the Commission for their time and hearing the communities testimony. Chairman Walker requested a brief break before continuing with agenda items. 5. PLANNING a. Resolution PZ 94-53: Preliminary Plat Thompson Park -Wallingford Add. MOTION: PHIL BRYSON MOVED FOR APPROVAL OF RESOLUTION PZ 9453 THOMPSON PARK-WALLINGFORD ADDITION. RON GOECKE SECONDE©. Chairman Walker asked if there were persons present who wished to address this item Seeing and hearing none he brought it back to the Commission. DISCUSSION: Phil Bryson asked for Staff to comment on the situation regarding the lots. Jack !_a Shot stated there are presently three lots, and the owner wishes to eliminate the two inner lot lines to form one large lot. The existing lots are about 12,500 feet which is really non-conforming in the present Rural Residential {RR} zone. By eliminating the lot lines the lot size will be at 37,415. Since there is city water and sewer the minimum lot size is 20,Oaa s.f., so the lot size would conform to the RR zone. The city is planning to rezone this area to Suburban Residential {RS}, thus allowing for 7,200 s.f. minimum lot size. Kenai Pianning & Zoning Commission October 26, 1994 Page 7 VOTE Resolution PZ 9453: Bryson Goecke Toppa Werner-Quade McComsey Glick Walker YES YE5 YES YES YE5 YE5 YES MOTION PASSED UNANIMOUSLY. 6. NEW BUSINESS a. Resolution PZ 94-52: Landscaping/Site Plan Review - Wisnewski MOTION: RON GOECKE MOVED FOR APPROVAL OF RESOLUTION PZ 945 LANDSCAPING SITEfPLAN REVIEW-WISNEWSKI. PHiL BRYSON SECONDED, There was no discussion so Chairman Walker called for the question. VOTE Resolution PZ 9453: Bryson Goecke Toppa Werner-Quade McComsey Giick Walker YES YES YES YES YES YES YES MOTION PASSED UNANIMOUSLY. b. KPB Ordinance 94-52: Kenai River Overlay District MOTION: CARL GLICK MOVED THAT THE COMMISSION SHOULD RULE AGAINST THIS AS THE CITY ALREADY HAS ZONING POWERS, AND THIS ITEM SHOULD BE PASSED ON TO COUNCIL. RON GOECKE SECONDED. Chairman Walker noted a motion should be made in the affirmative and asked the motion be restated. Carl Glick agreed. y Kenai Planning & Zoning Commission October 28, 1994 Page 8 Phil Bryson went to a work session regarding this issue and there will be several more before the issue is resolved. He #elt it was important for the city to take a stand on this item, whether they agreed, or not. The Ordinance is wide, and greatly effects the city, which has approximately 20 miles of river frontage that would be effected, this would amount to about 6,000 acres of land within the city. Within the buffer zone, 50- 80% is private property, which is good, readily developable property. He felt the city should take a stand early in the process so the group will be aware of the city's stand during the process. RESTATED MOTION: CARL CLICK MOVED TO APPROVE A RESOLUTION STRONGLY OPPOSING KPB ORDINANCE 9452 WITHIN THE CITY LIMITS OF KENAI. RON GOECKE CONCURRED. Gus Rodes said he was not sure what the ordinance was but the Borough got rid of its zoning powers because it could not control the area. If this Ordinance passes there will be regulating powers for the same area. He felt the city should be the sole zoning authority within the City. Phil Bryson noted that it would be beneficial to have a work session between the Commission and Council to discuss this project. The City may wish to address certain features of the Ordinance, there may be some restrictions the City may concur with and there needs to be discussion on those issues. Councilman Measles voiced his concern that this was a knee jerk reaction to the recent negative publicity regarding the Kenai River. This seems to be the "in" thing to do. This Ordinance does not address the main problems with the Kenai River. It creates two layers of zoning and he felt anyone with an interest in the river should attend the work sessions. The Ordinance is vague at this point, and leaves a lot open to interpretation. He agreed the city should take a stand, but it needed to be an informed stand. Chairman Walker said he would support the resolution because he felt an extra layer of zoning along the river is not needed. The Ordinance is also quite anti-development. Kenai Planning & Zoning Commission October 26, 1994 Page 9 1 MOTION: PHIL BRYSON MOVED TO TABLE. CARL GLICK SECONDED. VOTE KPB ORDINANCE 9452 MOTION TO TABLE: Bryson Goecke Toppa Werner-Quade McComsey Glick Walker YES YES YES YES YES YES NO MOTION TABLED. Phil Bryson requested the secretary attempt to schedule a work session with Council regarding this issue. c. Suggested KMC Addition -Regarding Quasi-Institutional Houses Chairman Walker asked if there were Commissioners that wished to address this item. Councilman Smalley felt this item would be addressed in the future. According to the testimony there is a state law for such a facility to be in a residential zone. He felt it was something the city will have to address, one way or another. Chairman Walker noted the public does not appear to want a halfway house within the city limits. He felt the public should bring forth such an item, not the Commission. 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS a. Salvador/Junk Cars Jack La Shot noted the letter from the City Attorney and the pictures of the Salvador property. t.a Shot has talked to the owner and he said they plan to fix up the bus and move it at a future time. 9. REPORTS a. City Council Councilman Smalley reported that the October 4th election had been certified by Council. Ray Measles was once again appointed Vice Mayor. Kenai Planning & Zaning Commission ~ctot7er 28, 1994 Page 10 Dorothy Gray from the Historic District Board had addressed the Council regarding creation of a 5-1D year preservation plan. Gray had requested a work session with the Commission and Council to prepare such a plan. Courthouse contaminated soils project was discussed. The contractor has run out of time to complete the remediation and they requested an extension from the city and to transport the soil to another place until spring. The City did not want to take responsibility for this and voted against the request. The Kenai Peninsula Caucus projects which were sent to Juneau were met with resounding disgust. Items the City felt were important were not included on the list. Smalley thought the Council would want to hold a work session on the Kenai River Ordinance but the meeting schedule is tight in November or December due to the holidays. Smalley asked if the Commission would like to schedule a work session for the second meeting in November. Chairman Walker noted the meeting in November may be cancelled unless there were agenda items. If there are items the Commission will meet at 6:00 p.m. before the Council meeting. Kenai Air has been permitted to park on an additional area near their facility. This will give them more space far their employees, etc. The Inlet Wood settlement was close to being concluded. In the settlement the City would receive additional properties outside of the City which was part of the settlement in addition to properties in Inlet Woods. There will still be a slight loss of revenues to the City. AML will be held in Juneau the week of November 14th-19th. b. Borough Planning Phil Bryson reported on agenda items. A time extension for Baron Park No. 9 was approved. Public hearing items of interest was a presentation concerning commercial fishing in Cook Inlet. The specific impact of fishing in regards to the gas leases was addressed. The Commission also addressed the proposed Ordinance 94-52. It appears the Assembly is feeling very possessive about this Ordinance. It appeared they wanted to exclude anyone other then Assembly members from the work session regarding this Ordinance. 1 i Kenai Planning 8~ Zoning Commission ociober 26, 1994 Page 11 Chiniak Part Two plat was approved. c. Administration Jack La Shot reported the Historic Board had a meeting and had reviewed ornamental lighting for the Oid Town area. They decided to postpone a decision on this lighting until the plans are further developed for the Old Town area. The Board also discussed the outline of an Historic Preservation Plan which is the last item they need for the City to become a Certified Local Government (CLG}. They have a grant they wish to apply for which requires the Clty to be a CLG. La Shot said the rezone for Thompson Park will come before the Commission at the November 9th meeting. d. Historic District Board 1Q. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 1. Baron Park SID No. 9 Councilman Bannock noted there was a mix up between the property owner and the surveyor on this item. 2. Iola S/D 12. COMMISSION COMMENTS & QUESTIONS There were no Commissioner comments. 13. ADJOURNMENT There being no further business Ron Goecke moved to adjourn. The meeting was adjourned at approximately 9:15 p.m. Respectfully submitted, oret arvey for Carol Freas ~ Kenai Planning & Zoning Commission ' October 26, 1994 Page 12 \~ PZ VOTING _ /%~ ~ 1994 ROLLCALL VOTE VOTE ITEM: 9L5% ~~ ~ ~' BRYSON CLICK N GOECKE GLICK GOECKE ~ TOPPA GOECKE TOPPA ~/ MCCOMSEY TOPPA MCCOMSEY ~/ WERNER-QUADS MCCOMSEY WERNER-QUADS BRYSON WERNER-QUADS BRYSON ~/ GLICK WALKER WALKER WALKER VOTE VOTEp~ VOTE ITEM: fit/ - ~~ -~~~fi`l~f TOPPA MCCOMSEY WERNER-QUADS MCCOMSEY WERNER-QUADS BRYSON WERNER-QUADS BRYSON CLICK BRYSON GLICK GOECKE CLICK GOECKE TOPPA GOECKE TOPPA MCCOMSEY WALKER WALKER j,/ WALKER