Loading...
HomeMy WebLinkAbout1993-09-08 P&Z Minutes~°_s~~ c z., ~..... Citv of Kenai 210 Fidalgo Suite 200 ~ PLANNING AND ZONING COMMISSION ~'~'MEETING~~ September 8, 1993 - 7:00 p.m. Chairman Phil Bryson 1. CALL Members present: Duane Bannock, Carl Glick, Ron Goecke, Charlie Pierce, Kevin Walker, Phil Bryson Members absent: Lori McComsey (excused) Also present: Councilman Hal Smalley; Jack La Shot, City Engineer; Mayor John Williams; Tom Manninen, City Manager; Ray Measles, Vice Mayor; Councilwoman Linda Swarner; Loretta Harvey, Administrative Assistant 2. APPROVAL OF AGENDA Ron Goecke MOVED for approval of agenda as presented, asking for unanimous consent. Glick SECONDED. APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES 6oeeke MOVED for approval of minutes as presented and asked for UNEINIIIZOIIS CONSENT. Walker SECONDED. APPROVED BY UNANiMOIIS CONSENT. 4. PLANNING a. Conditional Use Permit for Extraction of Natural Resources: Zubeck -Preliminary Review La Shot Reported that according to the KMC all such permits shall be reviewed by the Commission. If the Commission does not require additional information and the permit meets the KMC criteria a public hearing will be held at the next meeting. This application is for a short term permit to remove sand. The project should be completed by the summer of 1994. Bryson Stated that his firm was employed by this company and asked the Commission for a ruling on whether this would be a conflict of interest. 1 Bannock Said he did not feel this was a conflict and called for the question from KENAI PLANNING AND ZONING COMMISSION Meeting -September 8, 1993 Page 2 other Commission members, would this be a conflict? VOTE: BANNOCK BRYSON G~1CK ` GOECKE WALKER 'M000MSEY >~PIERGE'' NO ' NO NO NO ' NO ' ABSENT NO ',, The Commission found no conflict of interest. DISCUSSION Walker expressed concern that there may not be adequate screening on Swires Road, between the extraction site and the school. This would be a direct violation of the code. Bryson asked for public comment. Seeing and hearing none the issue was brought back to the Commission for action. MOTION & VOTE: Walker moved to postpone Resolution PZ93-40 until the next meeting after an adequate public hearing has been held. Pierce seconded. Passed unanimously. b. Development in TSH Zone -Beluga Point RV Park La Shot reported that by code all development in the TSH zone which requires a building permit must be reviewed by the Planning and Zoning Commission. This development is at the end of Mission Street and is an RV Park which has been developed in the last couple of years. The owners wish to build a log structure which will include shower and laundry facilities and a caretaker's unit. Charlie Pierce stated that he had recently discussed this development with the applicant in regards to facilitating service for the planned construction. He wondered if this would be considered a conflict of interest. Bryson asked if there would be any fiduciary benefit to Pierce, personally? Pierce said no, just to Enstar the company he represents. ~ Bryson said it was his opinion there would be no conflict of interest in this case. KENAI PLANNING AND ZONING COMMISSION Meeting -September 8, 1993 Page 3 PUBLIC COMMENT Sandra Vozar, Applicant, stated that this property was vacant land. They had paid taxes on this property for years and then decided to develop a first class RV Park. One of the DEC requirements for this park is toilet and shower facilities, so they are just trying to meet those requirements. Glick Said he did not see plans included for the 2nd story in the plans that were submitted. Vozar Said those plans were not included because that may not be developed for a while. They may make this area a small one bedroom living area or possibly a group meeting facility. Tom Murphy Asked that the Commission keep in mind that this was the site of the original Ft. Kenay when they made their decision whether to allow this development. Vozar Assured the Commission that this development could be easily removed to restore the property to its original state. They would just like to see some revenue from this area, if someone wants to buy the property later and do something else with it, it would be easy to remove above ground fixtures. MOTION: Goecke MOVED approval of Development in TSH Zone for Beluga Point RV Park. Glick SECONDED. VOTE: 5. PUBLIC HEARINGS a. Resolution PZ 93-38: Rezone Townsite Historic Zoning District La Shot Reported that the City Attorney and Planning Staff had gone through the ordinance and incorporated comments from the last work session. The packet also contained zone recommendations from Planning and Zoning and Townsite Historic. Bryson Noted the additional material the Commission had received regarding the proposed "Heritage Park". He asked for an update on this development. KENAI PLANNING AND ZONING COMMISSION Meeting -September 8, 1993 Page 4 Councilman Smalley Reported that Council has been discussing the potential for a historical park in Oldtown. Mayor Williams has been visiting with Judith Bittner, State Historic Preservation Officer, there may be some grants available for preliminary work to develop historic sites in communities. The city is looking into these grants to research the feasibility of this type of complex. Mayor Williams Explained that the handout material contained a conceptual idea of where this development might go. Four sources of funding have been identified for these types of projects. Long before the concept is started the city will need to meet with property owners to see if they wish to sell their property for this. development and also to discuss with surrounding property owners whether they want this park in Oldtown. At this point the vision is that this park would contain many historical elements, such as the old log cabins by Ft. Kenay, antique machinery, cannery equipment, and a heritage harbor, consisting of a raised platform where people could view fishing vessel, and also a possible theater for the Kenai Performers. This is just in the planning stages at this point. Council was not sure it was in the TSH zone and it appears that it would be on all three proposed rezones. Becky Tromblee Asked the Mayor to elaborate on the theater and off-street parking lots. Williams Stated that the theater would probably hold 150 people. There would need to be off-street paved parking to facilitate the theater. Bryson Confirmed that the proposed site for this development is presently in the TSH zone and would remain in the zone on all three proposals. Bannock Asked for clarification on Resolution PZ 93-38. Does that include both the ordinance and the zoning boundaries? La Shot Felt it was just the boundaries. One of the proposed boundaries or a revised boundary should be selected at the time of the motion. Bryson Opened the meeting to the public. PUBLIC HEARING -VERBATIM Richard Mueller - P.O. Box 1470, Kenai. I would like to support the P&Z Commission recommendation for the TSH zoning boundaries. The big problem is that we started KENAI PLANNING AND ZONING COMMISSION Meeting -September 8, 1993 Page 5 in excess of 20 years too late on a historic district. There is not too much historic there, other than the Russian Church, and the Fort Kenay complex and that. I don't see any reason to include any of the areas south of the Spur Highways, over towards Broad Street and that area. One of your objectives in this, as I understand it, is to promote development in Oldtown. Your land use planning, or Land Use Table allows three permitted uses, other than public or institutional uses. All the others would require a conditional use permit (CUP). I would suggest that possibly a better way would be to allow most permitted uses and use an architectural committee to see that it conforms with the TSH district rather than having to go through the entire process of a CUP. I believe that possibly the public would see this as less of a problem in getting a perm it to do things. Thank you. Vozar My name is Sandra Vozar, my address is 1001 Mission Street, #19, Kenai. I agree with Mr. Mueller in that I think that the P&Z recommendation on page 8d. is the best solution for this whole thing. You need to not have such a large broad area. We don't have that many old buildings in Kenai now to encompass taking all the way over by Bluff and Marine and Broadway and Broad Street. That's a real big area to put down a lot of tight controls on it. I also think it would be a good idea to broaden the conditional use so that if somebody had an idea that they want to build some type of a structure they can come in, talk to an architectural committee, discuss it with them and have their plans reviewed instead of it being strictly municipal and government type businesses in here, which is what this heritage thing is supposed to be. What you're doing is zoning an area and then saying now we're going to fill it up with a heritage park, which is an okay idea, I don't have any problem with the heritage park. But I'm just saying, leave it up to some other people to think up some other ideas for the area. Also, just hmm, in the memorandum that was mailed to the people it was dated August 27th. And it stated on the second page, P&Z Commission meeting September 8th, written comments should be directed to Loretta Harvey, Administrative Assistant by 12:00 noon, September 3rd. Well, I didn't receive mine, mine was mailed by the city on August 30th. I don't, there are a lot of property owners in this area that are outside. And if they don't get this thing mailed to them by September 3rd there's not even enough turn around time for them to get a comment back to you. I think it unfair to the people in the area, I think there should have been more time to respond so they could have had time to respond. And even so, August 30th is the postmark on mine, so that's eight days ago, or nine days ago, and we've had about five days that were weekends and holidays. The memorial day weekend and so forth, so it was really a tough time for people to get out there, so that's probably why you haven't had KENAI PLANNING AND ZONING COMMISSION Meeting -September 8, 1993 Page 6 much of a turnout. I thought you might like the envelope, (handing envelope to Commissioner Bannock). Thank you. Bryson other questions for Mrs. Vozar? Okay. Other persons who would like to testify? Tom Tomrdle, Hi, my name's Tom Tomrdle and I (inaudible). And I reviewed all these and I think the Mayor's idea is very good but I'm totally against this. And if I had to pick one I'd say yea, I go for the one recommended by the Planning and Zoning Commission, 'cause I'm not in it. I'll tell you why. I'm not sure if it's something ...May be small town politics, I mean here you've got the City Council member who is also on the Townsite Historic Task Force (TSHTF) and other things around town and I don't see his property on any of these proposals. Yet, up to last year he had three things that was historic there. Now before you guys make a decision on this I think you should find some answers. I mean, I just don't think it's fair to the rest of the property owners in Oldtown. Any questions? Bryson Any questions for Mr. Tomrdle? Ah, Duane? Bannock Mr. Tomrdle you know the work I've done, involved in this, and stuff. Can you give us an idea, in your mind, what should be done here? Tomrdle Absolutely, I think you should first of all identify everything that is historic left in Oldtown. I disagree with the gentleman, a site, what are you going to do put up an information kiosk, something used to sit here? That's not interesting to anybody. You should identify what's left there and then put information kiosks on them and be done with it. I mean, I brought an old photo of how Oldtown was, and you know, there's very few things that's left on there. It's ablow-up you can see it all. But you see the scenes, but it's real old. I think it should be addressed. I feel like I'm caught between two RV parks. I feel that's what this whole thing is all about. Any other questions? Thank you. Bryson Thank you. Are there any other persons who wish to testify? Clarence Ladd Yes, I'm Clarence Ladd, Kenai Box 1404. Just a point of information, as I'm sitting here listening to some of them here, the Mayor and the Council are coming up with. I recall, way back in the '40's and '50's when we had electricity here in Kenai, old kilowatt, Frank Rowley had over there, as I recall we had that electricity there and that big engine he had in there, we used to have a pump of oil in there. We used to pump oil right in there. Just a point of order, perhaps the Mayor and the KENAI PLANNING AND ZONING COMMISSION Meeting -September 8, 1993 Page 7 Council should look into it. We would not want to turn around and spend another $309,000 in some property and find out it's contaminated. I don't know if anybody thought of that. But just by looking on this it was lot 5, I think it is, yes, lot 5, worth on estimate here, $26,500. That was all. Thank you. Bryson Other questions for Mr. Ladd? Other persons wishing to testify? Dorothy McCard My name is Dorothy McCard and my address is 193 Trumpeter Avenue, Soldotna. I was one of the people appointed by Mayor Williams to serve on the Task Force (TF) that began it's work, oh gosh, over a year ago. I would like to have the P&Z Commission consider the three maps that are in tonight's packet and urge you to strongly consider the one that our TF has proposed, either of the ones our task force has proposed, for the reason that it was based on a complete and detailed architectural survey. Ah, one of the first tasks that we decided to do under the direction of Judith Bittner was take a walking tour. Well, we sort of combined it, walked and rode. And we have a very detailed description of the buildings in the old town. Roger Meeks and the Historical Society is probably much more prepared to tell you in detail about those. And tonight we don't really have time to go into it but they are documented. And, I think that the size of the historical zone is extremely important because it has to be large enough to encompass and protect, otherwise it defeats the whole purpose of the ordinance if we shrink it down. My understanding was that if the P&Z's map of the rezone was based partially on the presumption that by decreasing the size that there would be fewer problems in dealing with the zone as a whole. Our map has included areas which we feel are very important, tying into the whole foundation of what historical preservation is all about. And I think that question really needs to be answered tonight for all of us. And it ties into one question I always have, is why do people come to the City of Kenai? Why do people live here? Why do people work here? Why do people come and be a part of this community? And, historical preservation is not in conflict with progress or economic development. On the contrary, in other communities where historical preservation district (HPD) have been put into place it has stabilized property values. It has made the area one that is attractive to businesses. It's simply asking, it's not preventing progress or economic development, but it's asking that things be done tastefully. We've seen in the past what's happened there, when the zoning has been so loose, that a man came in here two years ago and he was allowed to have horseback rides, salmon bakes, volley ball games, almost anything he wanted, even without adequate ~ parking. He had absolutely no parking facilities because it was privately owned. What KENAI PLANNING AND ZONING COMMISSION Meeting -September 8, 1993 Page 8 we're asking is that this zone look at what is really best for Kenai? You know, what is best for the City of Kenai? In talking with perhaps, several hundred tourists this summer, one of the things they're interested in, is what was it like here? And so maybe the HPD isn't just about sights and places, it's about people. It's about the past of this area. And, you know, all of us trace our families back and we're proud of our heritage. People come to Kenai because they want to see a piece of what Russian American history was like. They want to know what it was like for the Native people that lived here. And what several people here have pointed out, a lot of this is coming too late. A lot of this has been wiped out already. But that doesn't mean to me that we should be defeated. That we should stop here, we should really take a strong look at it and say, "Hey, let's stop." And see that it really does tie into the economic development of Kenai. Hmm, and I guess when I say it's about people I think what I'm really getting at is that it's about the people who lived here 500 years ago, 1,000 years ago, 200 years ago. It's not about a pretty little church with a white picket fence around it, that happens to be one of the only twenty historic national landmarks in the State of Alaska. It's about what the people did here when the Russian priests came here. They protected the people. The tourists are very interested to hear about those pieces of history. About what it was like then. And I think the Task Force has done a job that has been needed to be done for a long, long time. So, in your deliberations again tonight I would like you to strongly consider the zoning maps we have included again, because they are based on detailed historical data. And again, historical preservation is not about decreasing progress, or preventing progress it's simply asking people to do things tastefully and in context with the area. I'd be glad to answer any questions you might have. Bryson Any questions? Thank you. McCard Oh, I have one last thing I wanted to say, I just thought of it. And, Hmm, also I would like you to consider, possibly placing a moratorium on any building projects that might come up in this time period between now and when this Ordinance is taken up by City Council for public hearing and actually decided upon. For all intents and purposes the building season is at a close. Hmm, I feel it would be in the best interest in the City that any type of building project in the area be postponed for this building season. Bryson Any other persons who would like to speak? Roger Meeks Roger Meeks, 808 Peninsula. I've been on the Oldtown committee KENAI PLANNING AND ZONING COMMISSION Meeting -September 8, 1993 Page 9 ever since it started, because I live in that area and I represent the Historical Society. I'm going to forget about being on any committee tonight I'm gonna speak the way I feel. Not the way the group feels, or anything about it. I honestly believe that we're 20 years too late to save a lot of this to save Oldtown. I was fighting for this 25 years ago and the only one who would listen was Bill Harrison who was our City Manager at the time. We went to him and we worked with him and he saved all the old buildings he could save with force account work. It didn't cost us anything we did it with city employees of Kenai. We tried to save more of it, but we couldn't. We tried, and tried, and tried to save the history of the city and it just went hodge-podge and nobody would listen to anybody. Everybody's woke up to the fact that we did, we do have a lot of history on paper now, but as far as it being in the City, it's gone now. We can still develop what we have left. But I am a firm believer in not pushing any citizen into anything that, where the majority is against it. I was for developing this historic zone, and we were to understand, that we were to develop it and to come up with, as a task force our boundaries that we, which we did, and the P&Z come up with theirs, and the City Council came up with theirs. And we all put them together and we all got together and developed one we thought we could all live with. Providing we could get the people that owned the property to go for it. This was my idea, if the people, if nobody was to go for it I find it pretty hard to try and push them into it. We do have large property owners like Clarence Ladd, and a whole group of people that, they have historic property yes. But the historic parts gone, except for the talking. Ah, I would like to see us go ahead and develop this historic zone with the church property and the cemetary and the Ft. Kenay group in there, that group of buildings And the buildings that we have behind Ft. Kenay. Still develop the area between Overland, Mission and Upland if we could secure the property. Develop that spot, incorporate it into the TSH, and continue to develop a Historic Village at the same time all of the other from Bay View Arms down to Toyon, and down through the whole area all the way down to Louisa Miller's place is completely built with modern buildings. The apartments and dental buildings, the oilers building, (actually the Oiler's building is about as historic as you can get still left standing). I mean it's the first cement block building in the City, still left standing. If you could include in my, this is my thinking, I haven't talked to the Mayor, or anybody, it's just coming off the top of my head after hearing everyone testify and they were so against it. Include the church property, all the church property. Include the shrine and the church and the cemetary, including the Fish and Wildlife area across the street from the area where we want the historic buildings. Include the triangle piece between Overland, Mission ~ and Upland period. Not anything else, but drop over the bank in that area, at the KENAI PLANNING AND ZONING COMMISSION Meeting -September 8, 1993 Page 10 Russian shrine go down to Spruce, go down Spruce, up to include right to the Sewer Treatment Plant and than go east all the way down the creek, all the way to the end of the point to take in our beach area where the sand dunes are and the area where we should really start protecting more than we are. Because if the sand dunes are destroyed the first thing that we're going to do is get high southwesters coming in there with the grass gone, with the 3-wheelers and RV's running over it, that sand dune is going to be flattened out and when it does that tide starts washing it's going to go right over into that basin and it's going to start eating away at the bluff by the Bay View Arms and everything else all the way down to Cowan's property. So if we could include the church property, the triangle where we wanted the historic townsite, over to Spruce down and include all the sand dunes along the beach in our historic zone so we can control that. Because last summer it really picked up, it's gonna pick up more, it's gonna get alot of use. And develop this area, they have to come up with something for parking. Develop a theater in this area, the theater can add alot of historical value to the city. And, I think it would be accepted by the City I think the city would be behind it. I think in my own mind, like I said, I haven't talked to anybody not even my wife, for a change. And this, all she says is that she wants those sand dunes preserved. They have to be. Someone has to look after them because the people are destroying them. And other than that, she doesn't know what area I was talking about. But, I'd like for you to think about that and I'm sure that you can get all the townspeople behind you if you use that area. And, by excluding the other area, you're not really excluding history. Because all the history that is there is history you can talk about. And we can talk about it whether it's included in this zoning or not. Thank you. Bryson Thank you Roger, Ah .. . Kevin Walker Mr. Meeks, I have a question, if I may? Can I see your map, the one you're looking at? The one you've drawn on. Meeks I just, I didn't eliminate the areas I was talking about. It was there. It's Planning and Zoning's first choice. Walker In your description I didn't see were you had eliminated any of the, both items ~ there. KENAI PLANNING AND ZONING COMMISSION Meeting -September 8, 1993 Page 11 Bannock Mr Chairman, what I was going to suggest, perhaps Mr. Meeks could show us, and everyone else in the audience that there is a plat of Oldtown down there. And perhaps if you could show us on there. Meeks Here's the triangle that the Mayor was talking about using this area for a heritage village, include the shrine property, the church property and the cemetary and the church, and Ft. Kenay and all that, across the street, this triangle right here. Historical buildings in that area with (inaudible). Forget about all this other here, except go over the hill, down to Spruce, Spruce goes all the way to the beach. Go all the way over to Spruce, go down the center of Spruce down the dividing line 'til you get to the (side A of tape ended). ... go straight down there so we can protect all our sand dunes and protect the (inaudible). Come down the beach, this down here, right down here to the end of the sand dunes here, and that's the end of your Oldtown. Bannock If I could just follow up on this? Meeks If you include this area here, from Spruce and all of the property. There some private property owners down here, of course, all this hinges on if you can secure the property from private individuals. That is my personal idea (inaudible). Bannock Then Mr. Meeks, if you could come back to this map that you have right here, and show me outside of the shaded area on page 8d. Meeks That map that I gave you doesn't have any street names. Bryson Roger, are you, you're proposing to leave out the Vozar's complex, and the RV Park, and the Cherrier apartments? Is that clear? Meeks All eliminated. It's where the Toyon Apartments are is certainly historical, cause that's where the American school was, down the street from the Russian school, except where Ft. Kenay, is the Russian school. We all know that a year earlier, it was torn down in '56, it must have been during the night, because I didn't even see it being torn down. Then down the street, where the Toyon Apartments are was the American school which later became the Marshall's office and the jail and all that, including Jettie Petersen's. But that history is gone, it's wiped off and the Toyon Apartments are there and the trailer park is there. So there is no history there except to talk about it. Well we can talk about it, whether it's in the historic zone or not. You can talk about it, you can say there where the Toyon Apartments are is where there used to be the American school, back in the Russian days. Like that, that's all you ~ can do right here. This whole triangle, all the way up, excluding this, there's some KENAI PLANNING AND ZONING COMMISSION Meeting -September 8, 1993 Page 12 apartment buildings on the end and than there's a long term resident here on the end, Lonzy Stanford. He's been there, I don't know for how many years, and it would be pretty hard to push him out of there. I don't believe in it in the first place. Bannock Is there anything not shaded on this map, (this shaded area indicates what P&Z has recommended to be the total size of the TSH area). Is there anything on this map that's not shaded, that you feel should be shaded? And shaded is the TSH district. Meeks No, there's some that is shaded that I feel should be eliminated, but not anything else shaded over this area. Bannock Thank you. Meeks This triangle right here, and of course, like I say, we must go over Spruce and go down and include this beach area. Bannock So if anything excluding, where you were talking about bringing this over to Spruce, this. zone is too big. Meek What zone is too big? Bannock Well yea, I was thinking of eliminating all the buildings in the block where the Toyon Apartments are, including their trailer court. Bryson Are there any more questions for Roger? I would like to get back into public testimony if we might. Bannock Thank you. Meeks Why, sure! Bryson Is there anyone else who would like to testify? Is there anyone else who would like to make pubic testimony who hasn't commented? Leo? Leo Oberts I'm Leo Oberts, 1440 Chinook Court. My only comments were kind of a follow-up on what Roger said. I wasn't going to say anything but ... to show you, or to tell you about the East Addition. When we put our building in, which is in the East j Addition where Rooms is today, Louie Schilling came over and he said, "You know," KENAI PLANNING AND ZONING COMMISSION Meeting -September 8, 1993 Page 13 he said, "Leo, you know this whole area that's called the East Addition, it was originally setup for a withdrawal for the school building. The school is on the same property, within the east addition." And he said, "Where your building is, is where at one time they had the agricultural -they had an agricultural experimental station here at one time. And where your building is - is where the pig pens were." So we had quite a distinction for awhile. Well the other day I went through my archives and I came up with an old East Addition Townsite map of Kenai. And the only reason I'm saying this is because when the lady was talking about the Task Force recommendation, it includes a part of the East Addition. Now, apparently from what Louie told me, it was all wooded area, until it was withdrawn. I found a whole bunch of plats and maps that I have that show all of the big withdrawal area that we have to live with when the City of Kenai was first born. But anyway, the East Addition, when the BLM got a hold of it, what they decided is, they set up the nearly 132,8204 s.f. area where the old school is now and they decided they were going to sell off the rest of the land. That's why we have all those strange little 50 by 100 foot lots in there. Someone up in Washington D.C. I guess. But anyway, to give you the date, to show that there probably isn't much historical background in that area. This was set up in June 23rd, 1950 and approved by the BALM on July 10, 1950. Well in 1951 is when they held a sale of the lots. They had a sale of the lots, some of the old timers here in the community would know about it. Well they sold off all those lots except where the school building is. Is what about that time that the school was being built. Anyway, just for your information I'll pass this around here, and I have a lot more of these, thank goodness, that I found. Bryson Are there any questions for Leo? Oberts But anyway, the East Addition is not that old. I guess we're getting all that old, but 1950 is not getting back into the real history of Kenai. Bryson Thank you. McCard I would like to make a comment in sort of in regards to what you said. Our task force took into consideration history that was prior to 1950. I mean, the history of Kenai goes way back, to way beyond 1791 when the first Russian fur traders came here and the first peoples lived here. So in our consideration of what was an historic area it has been noted that the original Dena'ina village is about a mile from where the chapel is today, up river. If you'd like to see some of our work about that I'd be glad. Bryson Excuse me, I wonder if you would like to keep your comments addressed to KENAI PLANNING AND ZONING COMMISSION Meeting -September 8, 1993 Page 14 the Chairman? Oberts Excuse me, it's just that the area was all wooded, when we were first building on this. Bryson Thank you. Other persons who would like to testify? Mayor John Williams Thank you Mr. Chairman. I won't speak specifically to TSH but I'll speak specifically to history itself. We speak in terms of history as if it's something ancient or long past and that partially is true. But history is also yesterday, or this morning or two minutes ago. And when we talk about history we talk about everything that is behind us. Whether it's 50 years ago that is an element of history of the community. It was 40 years ago when the government surveyors came in and platted Oldtown, that's an element of history. Whether it goes back to the time when America first took the territory over from the Russians, that's an element of history. So we need to think not only of what TSH means yesterday, 50 years or 100 years ago, but what it's going to mean 50 years from now, when the 1950 period we're talking about now is going to be 90 years old, and when the period that we are talking about today will be 50 years old. History is something where we should preserve the past, look forward to preserving in the future as well. So I think alot of consideration needs to be given about what the elements of history are all about when we come to speaking of Oldtown. The elements and how much you want to put into one specific zone is one thing and perhaps we may be looking at it in the wrong context. Perhaps what we need to look at is the historical settings within the whole area on an individual basis. I've had the opportunity of travelling throughout the State of Alaska the last 30 years and I've watched things evolve and I've seen how other communities have handled history. And many times rather than designating a specific zone, there are certain elements within the whole area that are looked upon with historical significance but are preserved within their own element. So we might want to keep that in context as well. The whole concept of TSH merely means that we want to designate this whole area as an area to look upon in the idea of preservation for future development lending itself in the context towards what history really meant here. Towards the concept, the design and the concept of the buildings. not to stop any development, not to prevent anybody from doing anything with their developing. But more or less insure that any development that goes on in KENAI PLANNING AND ZONING COMMISSION ~~ Meeting -September 8, 1993 Page 15 the future has some view toward the historical significance of the ground it is sitting on as well. Thank you. Bryson Thank you. Any persons who would like to speak that haven't spoken? Mrs. Vozar would like to speak again is there any problem with that? Vozar I'm Mrs. Vozar again, I can't believe that my dream would come true that somebody would say let's leave out the Toyon Villa and let's leave out Bay Arms. I don't believe the Toyon Villa has any historical value, or the Bay Arms and what would concern me is I understand that if there were a fire in our place that by the way the ordinance is written, that if our places were destroyed by fire that we would have the right for two years to come back and to put it back as it was. And I hope that that would continue if Toyon Villa or Bay Arms is kept in there I would like to make sure that wording stays in there that we would be able to continue to leave our places there and to continue to build on them. However, my husband and I do a lot of traveling and we've been all over Czecholovakia and other places. We're kind of lazy travelers we like to go into a museum and see just what somebody says. "This is where the Russian's landed this is where this happened. This is why this happened, this is why that happened. But it's all within a building." How many people have gone to Portage Glacier and you've got that visitor center there and you go into the visitor center and you walk around in there. You scan at the glacier get in your car and leave. Not many people take the walk all the way up to glacier to see what the glacier was. They look at it within the museum or within the building that is there. And the same thing people are not going to look, they're going to look at the heritage museum or whatever and they're going to say, oh right there where the Toyon Villa is that's where the jail was. They're not going to walk over to the side of the Toyon Villa. and say this is where the jail was. Who cares? Or, this is where an Indian village was, or the livestock was several years ago. I do believe though, that the town that I see, because I'm right on that bluff everyday, and I see what happens to those sand dunes down below. And that road should be closed off. You would not believe the vehicles, the 4-wheelers. The other night there were kids down there just spinning their vehicles around, we could hear the noise. And those pieces of property down there are valued at about 500 or 600 dollars. And I kinda look over that bluff and I kinda say gee. In fact, I have on my computer letters to all of the owners. I'd like to buy that, and then I'd set a little sign down there that ~ would say "10 bucks a night" parking and I could make alot of money in the month of July. But the City, the city has got quite a bit of that land already because people KENAI PLANNING AND ZONING COMMISSION Meeting -September 8, 1993 Page 16 quite paying their taxes on it. Most of the owners of those properties have not changed in all these years. That's property that was auctioned off many years ago, those people bought that property. And I've talked to several of them on the phone, but that property is being destroyed. Every time somebody goes down there it is being destroyed and it does need to be secured and kept. And I'd sure love it if the Toyon Villa and the Bay Arms was kept out of it. Not that Bay Arms has anything to do with me. But I've talked to Wayne Cherrier and I know his feelings on it. That's all I have to say. Bryson Last chance to comment from the public, Tom? Tom Murphy Tom Murphy, 1604 Tanaga, I would like to urge you to pay heed to the only group that has put really serious time and study into this whole idea. And that is the task force. I would like you to put great weight on what they are recommending. Thank you. Bryson Thank you, yes? Becky Tromblee My name is Becky Tromblee, I live at 501 Mission Ave. I, two years ago, started coming to P&Z meetings because of things that were happening in Old Town. A year ago I saw a plan that used half my yard as an RV turn-around. I've walked the bluffs, I've owned a piece of Oldtown only five years, I've walked the bluffs the beaches and a lot of Oldtown. I stopped about two years ago when all the problems started, because I didn't feel safe. I didn't feel very safe in Oldtown any longer. Hmm, I hear people say that there isn't any history anymore. I also see RV parks put in where beautiful bluffs used to be. I also see restrictions lifted where a Hilton Hotel could go in front of my place. Which I am very against. I have a problem with too much development in an old area. I have a house that sits right close to the Russian Church, I can't be removed from the zone, which I am not asking to be, but I also think that we need to think about this a little bit harder. I see alot of things going on, we asked for a moratorium two years ago on this area, and then we may not have had an RV Park put in. I don't know what I want anymore, I think I wasted the last two years. I sat for a full year on this committee, I'm taking up my Thursday nights for hours on end, talking and hashing our things. I feel it's a waste of time. I don't like politics, I never did. I was kind of thrust into politics because of what I believe. And at this point, I would like to resign from the Historical committee. I would also like it on record that I am not giving up my yard for any RV turn-around or anything else. I have never seen a new plan for the road which I would like to see. I would like to be kept on the mailing list because I KENAI PLANNING AND ZONING COMMISSION Meeting -September 8, 1993 Page 17 would like to keep informed about what happens to Oldtown. But I feel it is a waste of time. And I'm sorry that more people aren't real worried about losing as much as we have back there. There isn't much left. And if we can't preserve what's there, Oldtown won't be there and Kenai is just another city, because it doesn't have a past if you take it away. Thank you. Bryson Are there any questions for Mrs. Tromblee? If there are no other requests ... go ahead. John Consiel My name is John Consiel, Box 3367 Soldotna. I'm one of the, I'd be considered one of the oldtimers here in Kenai. I've lived here all my life and I have bluff property right over there by Kenai Joe's. And I've listened to the pros and cons of the Zoning act and Roger there he made a real good presentation. What I thought was excellent. There seems to be, he came up with the eroding problem. Now that's basically why I'm here, the eroding problem. Now that lady there she doesn't agree with the RV Park, but if she comes back here in the future the RV Park won't be there because the erosion rate right now is 3 1/2 feet a year in Oldtown. That's 3 1/2 feet, I've called the Army Corps of Engineers, I've called, I've talked to the Senators, or whatever that group is that comes around here, and I've addressed that problem to them. And they've said, all they've said is that they'll get back to me. And the corner of the road right there by my property is now 95 feet from the edge of that bluff. And somebody that gets a little bit tipsy, comes around that corner it's 120 feet to the river. So I'd like to know if we could possibly get a guardrail or something put up there. Because that area is going to be dangerous in the future. I thank you for your time. Bryson Thank you. Are there any more questions for Mr. Consiel. At this point I would like to bring it back to the Commission for their wishes. Would you like to take a break at this time. Five Minute Recess was Taken at 8:30 p.m. Meeting reconvened at 8:45 p.m. Bryson called the meeting back to order asking the wishes of the Commission. MOTION: Walker MOVED for approval of Resolution PZ 93-38, and would like to offer for a map item 8d. Glick SECONDED KENAI PLANNING AND ZONING COMMISSION Meeting -September 8, 1993 Page 18 DISCUSSION: Walker Agreed with Meeks that there were some properties that should be left out of the zone, but this map was close to the citizens wishes. Bryson Explained that this Rezone will go to Council as a recommendation from P&Z. P&Z was not making the final decision on this rezone. Bannock Commented that he would be voting in favor of the ordinance. It has been a long process and he thanked the Oldtown Task Force and all the time they put into it. He did not consider their input a total waste of time. He felt some of the work and findings of the task force would be put to use, but the plan presented at the meeting (Item 8d.) was the best for the City. Bryson Noted that two letters had been received in time for the packet. One from Joe Graham and one from Morrison Fisher. Also Nick Poppin had sent a letter which was passed out prior to the meeting. Bannock Said he had spoken to Morrison Fisher and he was under the impression he was not in the zone to start with and did not want to be in the zone. VOTE: BANNOCK BRYSON GLICK GOECKE WALKER ' NICCOMSEY' PIERCE YES YES '>YES ' '' YES YES ABSENT ' YES MOTION PASSED UNANIMOUSLY. s. NEw BUSINESS 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS 9. REPORTS a. City Council -Hal Smalley KENAI PLANNING AND ZONING COMMISSION Meeting -September 8, 1993 Page 19 Reported there were three people who spoke to the Council: Kathy Scott on the Health Care Proposal. Frontier Training is requesting a land grant to facilitate their program for physically challenged individuals. Bill Clog presented the City with a $10,000 check which was a rebate from the company that provided the roofing for the KBVCC. The City is holding a public auction on Saturday, September 11th. The Council passed the resolution declaring the surplus for this auction. Council discussed the AML weighted vote issue. The Alaska Municipal League (AML) conference will be held at the Central Peninsula Sports Center this year since Anchorage and Fairbanks have withdrawn from the league. Smalley discussed the Capital Improvement Project (CIP) list. Some of the items for possible CIP funds include: anew Animal Control Shelter; water system improvements; road improvements; and, a marine industrial development near the port facility. Smalley agreed with Roger Meeks that the sand dunes need protection and would discuss this item with the Council. Goecke felt Kenai Avenue should be closed and perhaps the city should consider buying the lots in that area to protect the dunes. b. Borough Planning -Phil Bryson Reported there were two items specific to Kenai. Kenai River Mooring Buoys, fisheries asked for additional buoys and the Corp of Engineers recommended denial of that. Also under Coastal Zone Management, the KPB had reviewed an Oil & Gas Lease Sale and found it fell within the CZM guidelines. It was reconsidered and the Commission upheld this decision. c. Administration -Jack La Shot The City has begun design of the new Animal Shelter. If the shelter is built in the present location a conditional use permit would be required since the zone is Light Industrial. 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS KENAI PLANNING AND ZONING COMMISSION Meeting -September 8, 1993 Page 20 12. COMMISSION COMMENTS & QUESTIONS Walker Thanked the public for presenting their views and Mr. Meeks for his presentation. Goecke Echoed the thanks from Walker and also thanked Meeks and the TSHTF for their time and effort. 13. ADJOURNMENT There being no further business the meeting was adjourned at approximately 9:40 p.m. Minutes transcribed and submitted by, L etta Harv y Administrative Assistant, Planning