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HomeMy WebLinkAbout2005-02-23 Planning & Zoning MinutesCITY OF KENAI ~ PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS February 23, 2005 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *AIl items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *Febntary 9, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZO5-10 - An application to rezone the area known as that portion of the E 1/2 Lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A resubdivision and South of Jettison Junction Sub and Southeasterly of Ballfield Sub excluding Evergreen Sub Kim Addn. (13072 Kenai Spur Highway), from rural residential to recreation. Application submitted by Linda L. Snow, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c, Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. "Zoning Bulletin" -January 25, 2405 b. Letter to Chairman Hammelman dated 2115105 c. Memo from Jack LaShot -Access through City property 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT; CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS FEBRUARY 23, 2005 - 7:00 P.M. CHAIR JOHN HAMMELMAN, PRESIDING MINUfiES ITEM 1: CALL TO ORDER Chair Hammelman called the meeting to order at 7:00 p.m. 1-a. RoI1 Call Roll was confirmed as follows: Commissioners Present: Phil Bryson, Jeff Twait, Nelson Amen, Jay Barrett, and John Hammelman Commissioners Absent: Barry Eldridge and Carl Glick Staff Present: City Clerk Freas, Public Works Manager Jack La Shot, Parks & Recreation Director Bob Frates, and Council Member Rick Ross A quorum was present. 1-b, Agenda Approriral MOTION: Commissioner Bryson MOVED for approval of the agenda with the changes consisting of: Substituting 5-a Staff Report and Resolution No.PZ05-10 Proposed site plan and requested UNANIMOUS CONSENT. Commissioner Barrett SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Amen MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- February 9, 2005 ~ Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS 5-a. PZ05-10 - An application to rezone the area known as that portion of the E 1/2 of Section 36 Lying Northeasterly of the Kenai Spur Highway and North of Evergreen Tract A resubdivision and South of Jettison Junction Sub and Southeasterly of Ballfield Sub excluding Evergreen Sub Kim Addn. (13072 Kenai Spur HighwayJ, from rural residential to recreation. Application submitted by Linda L. Snow, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. Public Works Manager La Shot indicated there was nothing to add to the staff report, however Parks 8~ Recreation Director Frates was in attendance to answer questions. The public hearing was opened: Kristine Schmidt, Kenai -- Stated she was not opposed to the rezone but was concerned with the speed at which it was going through. Schmidt stated, apparently fifteen days ago an application was filed and two weeks later it was placed on the agenda far approval. She had been led to believe, from attending various city council meetings, rezones take longer than two weeks and she did not see any public notice, except one ad in Monday's paper. She added, she thought some kind of notice was to be sent to the people living around the properties where rezones are happening. Schmidt added, there are several future projects she expects will be very controversial and she hopes more than atwo-week notice will be given for the application for a rezone. She continued, she did not think that would be enough time to really fnd out about the information. Schmidt also stated she felt the meeting packet is not timely made available to people and when a complicated issue comes forward, it gives people only aone-day notice. She added, she didn't think she could have picked up her packet more than one day ahead because of the holiday. Schmidt requested, for a rezone, more time than just two weeks between the application being filed and the public hearing being held should be given, especially for some of the mare controversial projects coming along. She added, she didn't really understand the process, but is what it appeared to be from the paperwork she received, however if she was wrong, she would stand corrected. Ron Dukowitz -- Fourth and Evergreen, Kenai. Dukowitz stated his concern as needing a bigger buffer zone between the back of the houses and the proposed soccer field. Additionally, he hoped the park would be open far day use only, perhaps 8:00 a.rn, to 10:00 p.m. and lock it up so there are not people using it for a party area, etc. He added, he objected to the park being placed at the end of the street as he did not think additional traffic was needed on Evergreen. PLANNING & ZONING COMMISSION MEETING FEBRUARY 23, 2005 PAGE 2 Chair Hammelrnan asked Dukowitz for a better description of where his home is situated. Dukowitz explained, he has property on Evergreen and Fourth, right on the corner, in the Hakkinen Estates. He added, his home is within 150 feet of the proposed ballfield. Ben Langham, Fourth & E~rergreen -- Langham stated he was unfamiliar with the process. He noted he received a notice in the mail of the rezone hearing. Langham noted, he saw no plans to have any access to the ballfield from Evergreen (which was confirmed by Parks & Recreation Director Frates). Langham stated, that was a concern of all of the families in the area with children. Commissioner Amen asked Langham if he was pleased there was no access from Evergreen or preferred there be access from Evergreen. Langham stated his preference there not be an access from Evergreen. Sue Olson, Fourth 8~ Evergreen -- Olson explained her home was an the side of Evergreen the park is planned to be situated. Olson stated her concern as if there will be a buffer and how big of a buffer it would be between the housing and the park. Also, Olson noted the information she received stated it would be a sports field and outdoor recreation area. She asked what kind of activities the outdoor recreation would involve. Olson also asked, because it would be a big park and is pretty deep from the highway with low visibility in the back area of the park. She asked if the park is developed, would it be controlled as she was concerned with the security/safety issue of a park. Jerry Strait, 308 Evergreen Street, Kenai -- Strait explained his home is across the street from the proposed park. Strait asked why the park was being proposed to be developed in this area. He Hated, he purchased his house in the residential area because of the quiet of the area. Previously there had been problems with noise due to Larry's Club in the area which caused a lot of problems and a bad neighborhood. In the past few years, since the Club burned down and the Kenai Spur Motel has new management, a lot of things had improved in the area. Strait continued, the area is now a quieter and better neighborhood with little crime and they are pleased with the way the neighborhood is. He added, he is aware the City of Kenai owns a lot of other property in the city and suggested placing the park around the Snowshoe Gun Club, where a park would not be close to residential areas. Strait stated he would prefer the park not be developed in the Evergreen area. If it does go forward, he added, he is very much concerned about safety, noise, the buffer zone, additional traffic (including foot traffic cutting through the woodsJ. Currently, the property is not developed, but is used by a lot of people for hiking, snow machining, etc. and is not a forgotten property. Strait added, he uses the area for recreating with his children. Strait added, he would be interested in knowing if a different type of park, i.e. in-town outdoor park with trails, picnic tables, etc. had been considered instead of what is currently being proposed. PLANNING & ZONING COMMISSION MEETING FEBRUARY 23, 2005 PAGE 3 Amen noted Strait's concerns about safety and security and asked if he currently ~ doesn't have those concerns with the wooded area, i.e. a place to hide or do something illegal, etc. Strait answered, currently very few people enter the area; there are people who use it for walking on a rough trail there now; it's a very open wood which can be seen through approximately 200 yards in most directions because the dead spruce have been removed; and, it's a nice park-looking area currently. Strait answered, his concern there would be more people brought into the area and is why he is concerned about safety and crime. Mary Daly, 108 Deepwood Court, Kenai -- Daly stated she is the Kenai Peninsula Soccer Club Board President and a soccer coach. She stated, she believes the rezoning process is beneficial to everybody in Kenai and in particular the people living in the area. She noted, one of the nice things that will happen with the rezoning if approved, would be development of a park in that neighborhood. Parks are known to increase property values situated close to facilities that either have a picnic area, playground, ar open field where people can recreate with their children. Daly stated she hoped the people of the area would consider this as a valuable asset. Daly continued, she believed a nice thing about the park for the use her club wants to use it for is that soccer can only be played May through September and is not ayear- round activity. She added, her club's level of soccer is pretty well mannered as the parents are excited to watch the children play the games, when the teams scare, etc. She continued, these parents are not loud and rowdy, there are no tailgate parties, mostly it will be teams practicing, and teams will play against other teams. It is not anticipated there will be large amounts of people wandering through the neighborhoods ar using the field 24 hours a day. Daly stated, they would eventually like to host athree-day tournament on the Peninsula. She added, she did not think there would be a negative impact on the neighborhood. Parking is planned to be developed for the area and the manner in which the fields are designed, they are closer to the Kenai Spur Highway and she hoped there would be a buffer between the neighborhood and the actual fields. She added, they don't intend to make the area unattractive by clear cutting the trees, etc. and would want to leave a buffer between the neighborhood and fields for it to be more attractive. Daly added, she believed the field would be a real benefit for the families there and the children in the neighborhood will actually have a place to go play instead of playing in the streets of the neighborhood. Violetta Strait, 308 Evergreen Street, Kenai -- Strait stated she has been a soccer fan in the past and is aware of what soccer games entail. She noted, the games are not well mannered and there is a lot of noise because fans cheer for the teams. Strait stated, there were able to hear children yelling from Sears Elementary School which is quite a way from her home. This is one of their main concerns. Strait added she (and her husband) spoke with someone during the day who stated there would be both children and adult team tournaments which will cause a different level of noise by those who attend the games. She added, she was concerned there PLANNING & ZONING COMMISSION MEETING FEBRUARY 23, 2005 PAGE 4 would use of alcohol and drugs and wandering around in their neighborhood. She stated, they have had problems before with snow machine activity and she felt with soccer fields, there would be an increase in bad activities. With two small children, she is concerned. Strait also stated, May through September is a half of year and the part of the year when their families use the outside for play, quiet time, home schooling, etc. With the added noise, she felt it would be impossible for having quiet time, etc. and there would be an increase of dust coming from the fields without the trees there. Strait added, she understood there are popular midnight games in Alaska and Kenai. Even if officially the games are to be over by ten, there will be other activities, i.e, biking, four- wheeling, etc. Additionally, they were told the development would be not just soccer fields but also baseball fields in the near future. This will add to more tournaments, more people, more noise. Strait continued, they were also told there would be a campground for people who attend the tournaments which she felt would add to the night activity. She felt, that activity could bring campfires. However, she stated, her main concerns as noise, the possibility of drinking, and if people want to play soccer, why not do it where people don't mind having the activity in their area. When they bought their property, they were looking for a quiet area. They looked at other areas where there are parks, etc., but they wanted this area for the quiet. Strait requested the Commission to consider these concerns. Commissioner Barrett asked haw much of a buffer would satisfy her. Strait answered, there are many houses between her home and Sears Elementary, but the noise from the children playing can still be heard. She suggested her home was approximately a mile from the school and there are trees and other houses between them. She added, because of her husband's work, he requires adequate rest and with a lot of additional noise in the area, they would have to move from that area. Barrett asked if they had concerns with the private drinking establishment closer to the homes than the soccer fields would be. Strait answered, when there are open areas, there are no boundaries of behavior and no one controls them. If the people are inside bars, it is the bar's problem. Mary Daly, 108 Deepwood Court, Kenai -- Daly stated, her home is situated close to the Kenai Middle School, and where the Boys 8~ Girls Club play most of their games. She noted, there are apartments and a cul-de-sac and felt she lives about as close to the Middle Schaal as the Evergreen residents were indicating they would be to the proposed soccer field. She added, they don't hear the noise from the school and felt the noise level concerns voiced would probably not be as excessive as Evergreen residents believe it will be. Wally Jackson, 403 K<rergreen, Kenai -- Jackson stated his home is situated on the edge of the proposed development. He asked why the fields have to be built there and PLANNING & ZONING COMMISSION MEETING FEBRUARY 23, 2005 PAGE 5 not in another area, closer to the baseball park. He suggested space available behind the Ski Mo area. He added, he had been in support of the proposal but now was concerned not enough information was available, i.e. what will happen to Evergreen Street, will it be closed off, will they have a buffer, etc. Jackson stated he had read what the Commission had read and discussed it some, but felt additional information is needed. He added, his concern was, why build it there. Frates asked Jackson if he was suggesting addidanal baseball fields. Jackson stated there are soccer fields on the corner of Tinker Lane. He asked why now is there interest in placing a park (off Evergreen) when the city has a lot of available land. Also, where will the access be; if it will benefit Kenai, that would be fine; however, there are concerns about privacy, security, etc. There were no further public comments and the public hearing was closed. Amen asked what would happen procedurally if no motion was offered. Hammelman explained, a motion to postpone could be made to move it off of this agenda. However, he was requesting a motion on the table (in a positive form) in order for the Commission to discuss the issue. At that time, input would be requested from Frates and some questions would probably be answered. MOTION: Commissioner Amen MOVED for approval of PZO5- l0, the rezone from Rural Residential to Recreation an the property described in the agenda packet. Commissioner Twait SECONDED the motion. Hammelman stated, the motion on the floor would not prevent the Commission from postponing, moving forward or denying the rezone. Commissioner Bryson stated he would abstain from the action on the issue due to his firm's involvement with the project with the City of Kenai. Hammelman had no objection. Hammelman requested Parks & Recreation Director Frates to comment on the issue, especially the concerns stated, i.e. camping, hours of operation, buffer, size of a buffer, types of sporting programs, and a general background. Frates noted the following: • A buffer zone is a design issue that can be worked out during that phase of the development. He noted, when a park is designed especially by a residential area, those types of issues are considered during the design process. He added, the city wants to be a good neighbor and buffer zones are critical. • Camping is not related to this property. • Ball fields are not related to this property. He added, the ball fields and camping may be considered in the future, but currently, the issue is soccer fields. PLANNING & ZONING COMMISSION MEETING FEBRUARY 23, 2005 PAGE 6 • Drinking/drugs are management and police enforcement issues and would be dealt with when they arise. • Noise levels would be considered management issues as well, There are restrictions that could be placed on the user groups through user agreement to control the noise levels. However, a user agreement would not control individuals bringing their children during the day to use the fields. • Organized functions, crowds, etc. can be handled through user agreements. • The proposed park at the end of Evergreen is not a part of the grant process, though it is included in the property. No funding is being sought for that proposed park, which could be placed in the future if there is a need and wanted by the residents of the area. He added, when the Parks 8v Recreation Commission reviewed the area, they felt that area might be a good site for a neighborhood park. Barrett asked why the Commission felt this would be a good location for the fields. Frates answered, there has been interest in locating outdoor recreational fields in that area since approximately 1983/8~i, He added, two years ago the discussion was again reviewed and the Commission did investigate other available properties, however they recommended this location from a cost benefit, the property is level, not many trees, etc. Frates continued, there are a number of residential areas in that side of town and there are no neighborhood parks in the vicinity. Barrett asked if the four soccer fields and the parking was the only development proposed at this time. Frates answered yes, and in terms of the grant application process, if the second phase of the process is entered into, the four soccer fields would be all that would be pursued. Barrett asked how far from Evergreen Street would be the southeast soccer located. Frates suggested approximately 400 feet. Frates noted, 200 feet would be a good buffer, along with other variables, i.e. denseness of trees, etc. Barrett asked if the fields would be grassed. Frates confirmed they would be natural turf and at this time, the parking lot would be gravel; the only access would be from the highway; a safe zone will be created around the fields; if the grant is finalized and the four soccer fields takes place, future expansion of the park might take place, however it is not anticipated for three to four years; if the neighborhood park is developed in the future, its parking lot would accommodate ten to twelve vehicles and is not envisioned to be a primary access to the soccer fields; and, na wintertime use has been planned for the area. Barrett asked if the park could be moved further away from the residences on Evergreen and Frates stated, the fields could not be moved further north in relation to future development of the area with perhaps baseball fields. Amen referred to the site plan and noted "Ballfield Subdivision" and asked the present zoning of that area. La Shot answered Rural Residential, and added, he was not sure when the area was given the name, but it was the ald city dump. Amen asked the reasoning for changing the zone for the property and not requesting a Rural Residential Zone Conditional Use Permit for the development. La Shot explained the primary reason for the rezone is the extent of the proposed new development. PLANNING & ZONING COMMISSION MEETING FEBRUARY 23, 2005 PAGE 7 Frates also explained, there currently are no adult soccer leagues in the Kenai community, however there had been discussion about it in the past and could be organized in the future if there is local interest. Barrett questioned the timeline for advertising the rezone and the receipt of the application for rezone (he noted he was not able to read the time stamp on the application included in the packet). La Shot stated he was certain the code was followed as far as required notifications. He added, there would be another opportunity for comment on the issue at council Ievel. VOTE: B son Abstain Twait Yes Eldrid e Absent Amen Yes Barrett Yes Glick Absent Hammelman Yes MOTION PASSED UNANIMOUSLY. Hammelman noted, there will be another opportunity for public comment at the council level. Additionally, the decisions made by the Planning & Zoning Commission may be appealed to the City Council acting as a Board of Adjustment. He noted, appeals must be filed in writing to the City Clerk within 1S days of today's decision. Hammelrnan thanked those present for their input and hoped the information offered was helpful to them. BREAK TAKEN: 7:45 P.M. BACK TO ORDER: 7:53 P.M. ITEM 6: OLD BUSINESS -- None. ITEM 7: NEW BUSINESS -- None. ITEM 8: PENDING ITEMS -- None. ITEM 9: CODE ENFORCEMENT -- None. ITEM 10: REPORTS 10-a. City Council -- Council Member Ross noted the action agenda from the February 16, 2005 council meeting was included in the packet and he was available for questions. Amen questioned the ordinance requiring Board of Adjustment certified mailings. Ross explained, the ordinance was brought forward to require notices of hearings be sent via certified mailings to applicants and appellants. 10-b. Borough Planning -- Commissioner Bryson reviewed actions taken PLANNING 8s ZONING COMMISSION MEETING FEBRUARY 23, 2005 PAGE 8 during the Borough Planning Commission's February 14 meeting, including: • An update on the two-year Soldotna Bridge construction project planned to begin in the spring. • Renaming of a number of streets. • Approval of aright-of--way vacation on Raspberry Court. • The denial of a conditional use permit for placing a sign on top of a gazebo along the Kenai River. • Approval of a petition to vacate 150' x 10' utility easement within Lot 5 of Ruby's Dazzling View Subdivision, within the City of Kenai. Bryson noted, the applicant will be before the Kenai Planning 8G Zoning Commission in the future. 10-c. Administration -- La Shot reported the following: • A website to check the status of the Soldotna Bridge project is available at kenairiverbridge.com. • A Corps of Engineers permit application, included in the packet as information, has been submitted to develop access to properties south of the golf course. La Shot noted, there are still some access issues going through city property and the information was provided for the Commission's knowledge the permit process is ongoing. He added, the developer had not yet submitted a plat. Amen questioned the 26' road width on the proposed road on the backside of the golf course and La Shot explained, the standard street width is 24 feet. Bryson added, there are normally 12' wide paved lanes and the extra footage will provide a wider shoulder. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. "Zoning Bulletin" -January 25, 2005 12-b. Letter to Chairman Hammelman dated 2/ 15/05 12-c. Memo from Jack La Shot -Access through City property A brief discussion took place related to Item 12-b and the request for the commission chairs to contact their members to learn if quorums will be available far meetings. Bryson stated he felt it was the obligation of the members to notify staff of planned or emergency absences before the agenda is finalized. He also suggested the members be contacted by staff prior to a meeting to confirm a quorum will be present. Clerk Freas confirmed the quorum problems experienced have not been from the Planning & Zoning Commission. She emphasized the importance of the members to contact staff to inform of absences. In that effort, the meeting may be able to be cancelled and notification made. Freas disagreed staff should contact the members to learn whether they plan to attend meetings, noting all the members were made aware of the meeting schedule when they were appointed and receive packets and agendas prior to the meeting which also notifies them of the date and time of the meetings. PLANNING & ZONING COMMISSION MEETING FEBRUARY 23, 2005 PAGE 9 Hammelman stated he probably would not be calling the members and encouraged them to contact staff if they will be absent from meetings. The members confirmed there would be a quorum for the March 9 meeting. ITEM 13: COMMISSION COMMENTS 8a UESTIONS Amen -- Noted the following: • An article included in the January Zoning Bulletin which he felt reaffirmed the Commission's recent action on a conditional use permit far an RV Park on Kalifornsky Beach Road. He read, "The court determined the protection of general public health, safety, and welfare was a valid basis to deny a conditional use permit." • Agreed the members should be responsible in notifying staff of planned absences from meetings. • He will be absent from the March 23 Commission meeting. Barrett -- No comments. Twait -- No comments. Bryson -- Reported he believed he would be absent from the March 23 meeting as well and will confirm and report back to staff. Harnmelrnan -- • Indicated, as a meeting form, he will be requesting motions to be made at the close of public hearings, stated in a positive form, in order to put the issue on the table for discussion. • He will be absent from the March 23 meeting. A brief discussion followed in which it was confirmed Amen, Eldridge, Hammelman and Bryson would be absent from the March 23 meeting. ITEM 14: ADJOURNMENT The meeting adjourned at approximately 8:14 p.m. Minu'te`s 1tra~nscribed and prepared by: Carol L. Freas, City Clerk 1 PLANNING & ZONING COMMISSION MEETING FEBRUARY 23, 2005 PAGE 10