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HomeMy WebLinkAbout2005-06-08 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS June $, 2005 -'1:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All 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. *May 25, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZOS-37 -Preliminary plat for Yragui Subdivision Addition No. 1. Submitted by McLane Consulting, P.O. Box 468, Soldotna, Alaska. 5. PUBLIC HEARINGS: a. FZOS-29 -Continued from 5/25105 meeting -- An application for a Conditional Use Permit to hold concerts in conjunction with baseball games for the property known as the NW %q of Government Lot 4 (103 South Tinker Lane), Kenai, Alaska. Application submitted by Ran Lucia, General Manager, Peninsula Oilers, P.O. Box 318, Kenai, Alaska. [Clerk's Nate: There was a motion to approve Resolution PZ05-29 and a motion to amend (that one of the conditions of the permit 6e the loud speakers used in the concerts point directly at the caveredgrandstands) on the floor from the May 25, 2005 meeting.] b. PZOS-34 - An application for a Conditional Use Permit for a Recreational Vehicle Park for the property known as U.S. Survey No. 678 Amended (810 Childs Avenue), Kenai, Alaska. Application submitted by Jay Cherrier, Managing Partner, Port of Kenai LLC, 2404 Boyer Avenue East, Seattle, WA 98112. c. PZ05-35 - An application to amend a Conditional Use Permit for Surface Extraction of Natural Resources to allow excavation below the water table for the property known as Tract A1, Beaver Laop Acres Add No. 1 (2369 Beaver Loop Road), Kenai, Alaska. Application submitted by Patrick J. Doyle, Beaver Loop Sand & Gravel, 49785 Island Lake Road, Kenai, Alaska. d. PZ05-36 - An application to rezone the property known as a portion of Section 33 S 1/2 S 112 SW 1/4 Lying South of the Kenai Spur Highway (also known as Lawton Acres - 10095 Kenai Spur Highway) from conservation to limited commercial. Application submitted by Linda L. Snow, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. ~ 6. OLD BUSINESS: 7. NEW BUSINESS: a. *PZOS-3$ - An application for a Home Occupation Permit for a daycare for the property known as Lot 3, Yragui Subdivision (503 Candlelight Drive), Kenai, AIaska, Application submitted by Carolyn Barnes, 543 Candlelight Drive, Kenai, AIaska. b. Kenai River Center Project #5767 - An application submitted by Gordan Griffin, Kenai Golf Course, to withdraw approximately 300 gallons of water a day front Boat Launch Creek for watering golf greens. Discussian/Recommendation. 8. PENDING ITEMS: a. PZOS-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled until brought back by Administration.) 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Zoning Bulletin (5/10/OS) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING 8a ZONING COMMISSION CITY COUNCIL CHAMBERS JUNE 8, 2005 - 7:00 P.M. VICE CHAIR CARL GLICK, PRESIDING MINUTES ITEM 1: CALL TO ORDER Vice Chair Glick called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: P. Bryson, J. Twait, B. Eldridge, N. Amen, C. Glick Commissioners absent: J. Hamrneirnan, Chair and J. Barrett Others present: Council Member J. Moore, City Clerk Freas, City Planner Kebschull, City Manager Snow, City Attorney Graves, Public Works Manager La Shot and Department Assistant Carver 1-b. Agenda Approval MOTION: Commissioner Bryson MOVED for approval of the agenda with the incorporation of the lay-down items including: • 5a -- Letter from Barbara Waters • Sd -- Letter from Linda Sargent; letter from Luis and Rose Mercado; email from Steve Wendt; and memo from staff with attachments. • l2b -- Letters from Department of Natural Resources regarding Gillies Mooring Buoy Application. Commissioner Twait SECONDED the motion. Commissioner Bryson requested UNANIMOUS CONSENT. There were na objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Eldridge MOVED for approval of the consent agenda as presented and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- May 25, 2005 } Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4-a. PZO5-37 -- Preliminary plat for Yragui Subdivision Addition No. 1. Submitted by McLane Consulting, P.O. Box 468, Soldotna, Alaska. MOTION: Commissioner Bryson MOVED to recommend approval of the preliminary plat for Yragui Subdivision Addition No. 1 and Commissioner Twait SECONDED the motion. In her staff report, City Planner Kebschull referred to the information included in the packet and noted the plat would subdivide Lots 2 and 4 into three Iots; the parcels are located in the Suburban Residential zone; and, the minimum lot size far the zone is 7,200 square feet and meet the minimum lot size for the zone. She also noted, a structure is situated on the newly created Lot 4B (the corner of Candlelight Drive and E. Aliak~ and meets the setback requirements for a garage. Staff recommended approval. MOTION TO AMEND: Commissioner Bryson MOVED to attach the staff recommendations and findings and Commissioner Eldridge SECONDED the motion. Kebschull confirmed houses were situated on both Lots 4B and 4A and one is being built on Lot 2A and all meet setback requirements. VOTE: Hammelman Absent B son Yes Twait Yes Eldrid a Yes Amen Yes Barrett Absent Glick Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: Hammehnan Absent B son Yes Twait Yes Eldrid e Yes Amen Yes Barrett Absent Glick Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS PLANNING & ZONING COMMISSION MEETING JUNE 8, 2005 PAGE 2 5-a. PZOS-29 -- Continued from 5/25/05 meeting - An application for a Conditional Use Permit to hold concerts in conjunction with baseball games for the property known as the NW 1/4 of Government Lot 4 (103 South Tinker Lane), Kenai, Alaska. Application submitted by Ron Lucia, General Manager, Peninsula Oilers, P.O. Box 318, Kenai, Alaska. Clerk's Note: There was a motion to approve Resolution PZ05-29 and a motion to amend (that one of the conditions of the permit be the loud speakers used in the concerts point directly at the covered grandstands) on the floor from the May 25, 20D5 meeting.] Kebschull noted the following information: • Her initial staff report indicated a main motion was not offered, though an amending motion was made and seconded, and then a motion to postpone. In researching the record further, it was found there was a main motion and the order of motions was correct. • A public hearing was held and closed at the May 25 meeting, but all the surrounding property owners were notified the public hearing could be reopened. • Commission comments made at the May 25 meeting were forwarded to Ron Lucia, General Manager of the Peninsula Oilers. Lucia responded to Kebschull via email to answer the Commission's concerns. His email was included in the packet. • She requested the Commission review each issue noted in Lucia's response and make a separate recommendation for each issue. • The Kenai Municipal Code allows limits to be placed on permits which can be reviewed at a later date. • Reminded the Commission Conditional Use Permits, once granted, go with the land. Chairman Glick instructed the audience, those wanting to speak would be given five minutes; questions/comments should be directed to the Chair; and each speaker was to sign in and state their name and address for the record. The public hearing was opened. Mel Ogle -- 115 Deepwood Court, Kenai. Ogle stated his objection to the request, noting concern the music would not stop at 10:30 and would go later as well as parking and traffic concerns. Ogle suggested the music be held before the games. There were no other requests to speak and the public hearing was closed. Glick noted, a motion to amend the main motion to include one of the conditions of the permit be the loud speakers used in the concerts point directly at the covered grandstands was on the floor from the May 25 meeting. Glick referred to each concern noted at the last meeting and read Lucia's response. PLANNING & ZONING COMMISSION MEETING JUNE 8, 2005 PAGE 3 Time Limit/ 10:30 p.m. Commissioner Eldridge stated he did not find the request objectionable as the season was only six weeks long. Speaker Positioning: Commissioner Bryson stated the intent of the motion was not so much to conform to the situation as existing, but to control the sound instead of broadcasting it, i.e. reducing the noise and control it. He noted, he was open to suggestions for a better way of doing it. Eldridge stated they would be using the same speakers used for their public address system. There had been no complaints until this time and didn't feel it would be an intrusion on the neighborhood. Decibel Levels: Glick suggested the decibel level could be a condition on the permit, giving it a one- year trial and reviewed by the Commission at the end of the trial year. If it was found the decibel level to be dissatisfactory, the permit could be rescinded. Commissioner Amen stated 'reasonable' would be hard to define and using the speakers for music was opening another arena. Bryson stated some care may have to be taken in setting decibel levels for an event continuing for an hour. Glick noted the frequency of holding the events was also a concern. Commissioner Twait suggested, since the game schedule was already set, the Commission could set the days it would be allowed. MOTION TO AMEND: Commissioner Bryson MOVED to amend the main motion to allow the activities to continue until 10:30 p.m. and Commissioner Eldridge SECONDED the motion. VOTE ON MOTION TO AMEND TO ALLOW THE ACTIVITIES TO CONTINUE UNTIL 10:30 P.M.: Hammel.znan Absent B son Yes Twait Yes Eldrid e Yes Amen Yes Barrett Absent Glick Yes MOTION PASSED UNANIMOUSLY. VOTE ON MOTION TO AMEND RELATING TO POSITIONING OF LOUD SPEAKERS (TO BE POINTED DIRECTLY AT THE COVERED GRANDSTANDS AS THEY ARE P05ITIONED CURRENTLY?: PLANNING & ZONING COMMISSION MEETING JUNE 8, 2005 PAGE 4 Harnmelman Absent B son Yes 'Ibvait Yes Eldrid e Yes Amen Yes Barrett Absent Glick Yes MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Commissioner Eldridge MOVED to amend the permit to include a conditional use for a one-year period after which time it would be reevaluated and Commissioner Twait SECONDED the motion. Kebschull explained, the Commission could place any condition on a permit they believed would eliminate or alleviate any impact and allow the permit to be reviewed in one year. VOTE ON MOTION TO AMEND TO INCLUDE AONE-YEAR PERIOD FOR REVIEW: Hammelman Absent B son Yes wait Yes Eldrid e Yes Amen Yes Barrett Absent Glick Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN AMENDED MOTION: VOTE: Hammelman Absent B son Yes Twait Yes Eldrid e Yes Amen No Barrett Absent Glick Yes MOTION PASSED. Glick informed the public, the issue was subject to a I5-day appeal period and appeals must be fled in writing with the City Clerk within the 15 days. 5-b. PZ05-34 - An application for a Conditional Use Permit for a Recreational Vehicle Park for the property known as U.S. Survey No. 678 Amended (81.0 Childs AvenueJ, Kenai, Alaska. Application submitted by Jay Cherrier, Managing Partner, Port of Kenai LLC, 2404 Boyer Avenue East, Seattle, WA 98l l2. Kebschull reported the following: PLANNING & ZONING COMMISSION MEETING JUNE 8, 2005 PAGE 5 • The application was a for a recreational vehicle park located on a 161/2- acre parcel. • The property is zoned heavy industrial. • It is the location of the original Dragnet Fisheries Cannery where a cannery still remains. • The application and plan is to operate seasonally (May through September) . During the first season, the use would be for self-contained recreational vehicles only. • Intent is to install water, sewer, power during the winter and spring of 2006; the water/ sewer to meet the state DEC requirements for the use. • There will be on-site staff. • Administration recommended approval of the application contingent upon the applicant obtaining a building permit, submitting alandscaping-site plan, and submitting the state-approved permits for on-site water/sewer to the city. The public hearing was opened. Matt Stephl, 2331 Sonstraxn, Anchorage -- Stephl stated he is a civil engineer and working for the applicant. He concurred with Kebschull's statement, i.e. they want to move ahead with opening the park this summer and build utilities during the fall and spring. He added, they believe the park will be a benefit for the city, easing some of the congestion at the harbor area during the dip net fishery and provide a place for dip net users to stay during the season. Stephl also explained: • They plan to repair and modify the sign currently on site to advertise the park. • They will try to acquire a waiver from DEC to remain as a dry park in the summer of 2005 and have the users use the dump stations currently available in Kenai. If they are required to install a dump station, they will do it. • They have not yet decided whether they will provide access to the public dock area from their abutting property line. They are, however, interesting in discussing the issue with the City to work together and perhaps ease some of the congestion at the dock. Bryson noted, something to that end should be presented to the Harbor Commission for comments as well. • They want to reactivate both boat ramps currently situated on the property, but at this time they are not ready for use. They do not plan on having them ready for use during the current summer season and don't know at this time whether they would make the ramps available for those other than their park residents. • They have no plans at this time to fill in the barge ramp that now exists. Kristiae Schmidt, 513 Ash Avenue, Kenai -- Stated she hoped the Commission would make the landscaping plan as a condition of the approval of the permit in order PLANNING & ZONING COMMISSION MEETING JUNE 8, 2005 PAGE 6 for it to be enforced. Schmidt added, because of contamination on the property, she hoped that issue would also be addressed. Christy Breazeale, Kenai RV Park -- Noted there are dump sites at a number of gas stations and she felt they would be sufficient. The public hearing was closed MOTION: Commissioner Twait MOVED to approve PZ0534 with the staff recommendations included. Commissioner Arnen SECONDED the motion. Amen stated his support of the permit and asked if current sign restrictions would apply or would the sign be grandfathered in since it was an existing sign. Kebschuull explained, she would be needing an opinion of the city attorney for clarification and the issue would be discussed administratively. Bryson stated he supported the permit approval as the use would provide amenities requested by the public; would not affect neighbors; it would be located in an industrial area next to a public facility; and felt it was a good proposal. Eldridge stated his support of the proposal, noting it would offer public access to the river front. VOTE: Hammelman Absent B son Yes Twait Yes Eldrid e Yes Amen Yes Barrett Absent Glick Yes MOTION PASSED UNANIMOUSLY. 5-c. PZ05-35 - An application to amend a Conditional Use Permit for Surface Extraction of Natural Resources to allow excavation below the water table for the property known as Tract A1, Beaver Loop Acres Add No. 1 (2369 Beaver Loop RoadJ, Kenai, Alaska. Application submitted by Patrick J. Doyle, Beaver Loop Sand 8~ Gravel, 49785 Island Lake Road, Kenai, Alaska. Kebschull reported the following: • The application would amend the current conditional use permit for surface extraction of natural resources. The application is to excavate below the water table. PLANNING & ZONING COMMISSION MEETING JUNE 8, 2005 PAGE 7 • The original application stated the extraction would be from the current ~~ pit location and the applicant wants to include an area not excavated in the past (noted as Area 1 and Area 2 on the map included in the packet). • Code requires the Commission to approve an amendment if the original application would have been approved if it contained provisions of the application for amendment. • There are other pits in the area with high water tables and did apply for and received conditional use permits to excavate below the water table and were issued with reclamation plans with lakes as part of the plans. • The site was one reviewed and noted the rear buffer had been breached, but it was also discovered the breach had taken place prior to the city assuming zoning; it was anon-conforming use; and, they would not be required to regain the buffer. • She and the city attorney reviewed whether they excavate in Area 1 (at the rear lot line, would it increase the non-conformity. They agreed, based on the information they had, it would not be increasing the non-conformity and excavating below the water table could be allowed. • The code requires that if excavation would take place below the water table and there is a danger to the public safety, the plan should require fencing. The applicant advised there is fencing across the front portion of the site, the access is gated, and damaged fencing was in place along the rear property line which he would be replacing. • She recommended the Commission consider allowing excavation in Area 1; if it is allowed, an updated reclamation plan be required showing how the land would be reclaimed for the permitted uses within the zone, and the applicant be required to obtain necessary permits from the state or federal government for the excavation. • If excavation is approved in both Area 1 and Area 2, the city would require an updated reclamation plan, a site plan insuring the 150' buffer is not breached on the north of the excavation, and a site plan showing how the applicant intends to eliminate any pollution from the adjoining pit due to runoff from the proposed excavation. The public hearing was opened. Jim Krein, 365 Dolchok Lane, Kenai -- Krein explained, there were numerous existing gravel pits that deforested the area and changed the topography and the water flow above ground and possibly below ground. His research found, no matter how the water flows above ground, it does not indicate how it flows below ground. The residents in the area have no other water supply other than wells and he was concerned that the continuation of allowing the pits to excavate below the water table would change the acquifer to where water may not be available for residents in the area, quality of the water would be compromised, and increase the possibility of contamination getting into the acquifer. He noted, the large amount of growth in the PLANNING & ZONING COMMISSION MEETING JUNE 8, 20Q5 PAGE 8 area in building of homes and need for healthy water, as well as the connection of the water to Beaver Creek and the Kenai River. Patrick Doyle (Applicants -- Mr. Doyle reported they would be excavating about six feet and the excavation would nat affect the height of the water. He planned to excavate in Area 2 and then use that area for burying overburden. Area 1 excavation would be left as a lake. There would be no contaminated soil within the overburden to be buried. The public hearing was closed. MOTION: Commissioner Eldridge MOVED for approval of PZ05-35, to amend a conditional use far extracting of natural resources from his land off Beaver Loop and to include staff recommendations and Area 2 (items 1-4 amending the application to clarify areas to be excavated below the water table; submit an updated reclamation plan showing future residential lots, proposed lake, roads, etc.; submit a site plan that insures the i50-foot boarder is not breached on the north of the excavation in the Area 2 area; and submit a site plan showing how he intends to eliminate any pollution of the adjoining pit from the run-off from the proposed excavation. Commissioner Amen SECONDED the motion. Bryson asked if Eldridge was incorporating the full staff recommendations and Eldridge answered yes. Amen asked if Area 2 would be excavated, would the buffer need to be protected. Kebschull answered yes, insuring no excavation would take place within the 150' buffer. She noted, the code had been amended several years ago to allow excavation right to the property line for adjoining pits. However, the applicant would have to insure there would be no runoff from his excavation into the adjoining property. Amen asked why the original permit limited to allowing excavation to above the water Iine. Kebschull answered, according to her records, they had not applied for excavating below. Amen also noted his concern to allow the applicant to disturb the water table due to the complexity of how water flows underground and because of the amount of residences in the area. Bryson noted, the water table breached on this property and the adjoining property, was already subject to atmospheric conditions and unless the applicant was proposing to drain water away from the site, he would not materially effect the water table elevation. Glick noted, most of the wells in the area were probably drawing water from below the clay level and they would be in a different water table than what he would be excavating. PLANNING & ZONING COMMISSION MEETING JUNE 8, 2005 PAGE 9 VOfiE: Hammelman Absent B son Yes Twait Yes Eldrid e Yes Amen No Barrett Absent Glick Yes MOTION PASSED. Glick informed the public of the 15-day appeal period and that appeals would need to be in writing and submitted to the City Clerk. 5-d. PZ05-36 - An application to rezone the property known as a portion of Section 33 S 1/2 S 1/2 SW 1/4 Lying South of the Kenai Spur Highway (also known as Lawton Acres - 10095 Kenai Spur Highway) from conservation to limited commercial. Application submitted by Linda L. Snow, City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. Kebschull reported: • The identified area as the green strip between the city proper and the Kenai Central High School and Challenger Learning Center. • The application was submitted by the City of Kenai and was to rezone a portion of the area, beginning at the intersection of Lawtan/Walker and the Kenai Spur Highway to the gully. • Offered a history of the attempts to rezone the area and noted, currently, due to some interest for purchasing a piece of the property far development, council requested a rezoning application be submitted for Limited Commercial Zone. • The Comprehensive Plan identifies the property as conservation, however it also notes, where it is appropriate, the city should consider re-designating areas currently zoned for conservation to conform with expected uses. • The Comprehensive Plan notes neighborhood concerns related to areas close to residential areas being rezoned or conditional uses allowed, particularly close to the Spur Highway. • The city is known as a lineal growth pattern for commercial use and businesses believe they need visibility from the Spur Highway to exist. • It is believed by administration, the rezone to Limited Commercial would meet the needs for commercial development which meets the limited commercial requirements and preserves separation from the residential areas (this property is separated by Lawton Drive) . • The limited commercial zone includes specific development requirements, including buffer landscaping and also limits structures to 3,000 square feet. • It was her recommendation the rezoning would meet the Comprehensive Plan and the Kenai Municipal Code for an amendment and believes it would be a positive compromise to meet the development needs of the city and preserving space and providing separation between commercial and residential areas. PLANNING & ZONING COMMISSION MEETING JUNE 8, 2005 PAGE 10 Public hearing was opened. Roy Wells, 410 Lawton Drive, Kenai -- Wells stated his objection of the rezone and noted his concerns as alleyway requirements, the Kenai Economic Development Strategy recommending avoidance of sprawl and concentrating business development to the downtown area; and, building new buildings and causing a higher number of abandoned buildings. Wells also reputed comments in a recent letter to the editor indicating the property owners in the area thought positively of the proposed rezone. William Nelson, 209 Susieana Lane, Kenai -- Comments included: • Wants it to stay zoned Conservation as it was set aside. • He is not opposed to new business, but doesn't feel it is the right place or time to install that business (Kiel). • The area is a nice buffer between Lawton and the neighborhood. Carol S. Baumer, 411 Rogers Road, Kenai -- Referred to the Comprehensive Plan: • Pages 26 and 30, related to the city center and Millennium Square. • Page 34, related to Kenai residential subdivisions. • Page 36, related to abandoned business areas/commercial strip development. • Page 39, related to integrating open space with neighborhoods (visual appeal, neighborhood identity, enhance residential property values, etc.). Janice Magee, 218 Susieana Lane, Kenai -- Comments included: • Is very supportive of business in the community. • Children use the area for biking, running, playing basketball. • For the safety of the children in the area, requested voting against the rezone. Jim Blythe, 422 Lawton Drive, Kenai -- Comments included: • Lives at the corner of Rogers and Paula. • A lot of noise from the highway is blocked from the area due to the wooded lots included in Lawton Acres. • People use the area for walking, biking, jogging, rollerblading, etc. • Would hate to see the increase in traffic that will probably occur. He objects to the rezone. Gina Kiel, 404 Lawton Drive, Kenai -- Comments included: • Is a resident of the area and is a potential business owner in the area. • She is the closest resident to the area being requested to be rezoned. • Assumed the Lawton Acres property was zoned commercial when she built her house and assumed at some time, business would move into the area. PLANNING & ZONING COMMISSION MEETING JUNE 8, 2005 PAGE 11 • She was the quote in the newspaper article and had some neighbors tell } her they supported the rezone in order for adding to the develapmen.t in Kenai. • She did not go door to door to ask opinions and she dzd nat have anyone coming to her door to discuss the issue. • After the limited commercial zone was set, she didn't think there would be a problem. • She and her husband have been looking for two years for a site for a business, checking abandoned buildings, property availability, etc. and found nothing suitable. • Supports the rezone of the property and would even if she was not interested in building there. Jerry Carlson, 105 Paula Street, Kenai -- Read from a letter signed by Wanda Carlson, his wife: To: Kenai City Council and Planning 8~ Zoning Commission: As a homeowner in a subdivision known as Inlet View, I am against any and all clearing, destruction and construction on or in the green strip. There are many locations vacant between McDonald's and the Moose Club and also on the streets connecting with the Kenai Spur. These could house a beauty salon. Our noise pollution has increased greatly during the past 33 years, we have lived there 33 years. We need to maintain the existing buffer in order to prevent further destruction. Thank you. Wanda R. Carlson, 105 Paul Street, Kenai. Ron Fullinck, 424 Lawton Drive, Kenai -- Comments included: • Purchased their home 13 years ago and were told the area was zoned Conservation. • They want to keep the buffer between the highway and Lawton. Mike Beck, 406 Lawton Drive, Kenai -- Comments included (submitted a packet of information with pictures of available property and a letter) • A premise for developing the area had been stated as being visible, particularly from the Spur Highway. • Identified properties within 1/3 of mile from Lawton Acres and included them in the packet of information distributed. • He questioned the logic of developing Lawton Acres when there are so many available properties/buildings within 1/3 of mile of the area. Greg Daniels, 426 Rogers Road, Kenai -- Comments included: • He and his wife have lived there for 25 years. PLANNING 8s ZONING COMMISSION MEETING JUNE 8, 2005 PAGE 12 • Noise is increasing and the area has developed around them (junior high school, golf course, Oilers Park, space center, large high school, five subdivisions, hockey rink, etc.). • Cutting down trees would increase noise abatement and allow noise from the city property to filter through to all residents of three or four subdivisions and open it up to other problems. • Thinks there is land in the city to fit the limited commercial zone, but believes this is the wrong parcel. • Thinks the area zoned Conservation since 1985 should remain in conservation as he believes it is needed much more now than before 1985. • Reading from the staff recommendation, he did not believe the area is "surplus" land and is needed for a buffer for privacy for the subdivisions, safety of children, noise abatement, wildlife, etc. • Believes their property values will be affected by the development of the area. • Is particularly against urban encroachment in this area. • Would like to see the city grow within and not linearly and would rather see a centrally located Kenai. • People service-type businesses don't need visibility from the street. • There will be an increase of traffic. • Keep the green strip as a separation from downtown Kenai. Daniels distributed pictures of the area during different months of the year. Bryson explained Linda Snow submitted the application for rezone on behalf of the Kenai City Council and the staff report/recornmendatian was prepared by City Planner Kebschull. Bill Osborn, 423 Rogers Road, Kenai -- Comments included: • Same concerns expressed by Daniels and others. • Has lived in the area since 1969. • Believes the green strip is an asset to the city. • Walked Inlet Woods Subdivision with two other residents and 90% of the homeowners they spoke with strongly opposed the rezoning. Kathy Watson, 308 Haller, Kenai -- Comments included: • If there are animals, wildlife, children playing, and noise, the residents would want soxneone to keep the animals out of the area. • Where she lives, there are trees, but there is still noise from the airport -- development of the area would absorb some of the noise (in the Lawton Acres area) and keep the wildlife away from the children. Betty Osborn, 423 Rogers Road, Kenai -- Comments included: PLANNING & ZONING COMMISSION MEETING JUNE 8, 2005 PAGE ~ 3 • Wants Lawton Acres left as a conservation zone because of the children playing, traffic from the high school, noise from the highway and noise from the airport. • Very concerned about the noise it will cause. • The core of Kenai should be kept in the core of Kenai; there are empty buildings available; she felt there are other suitable sites. Tom Thompson, 111 Paula Street, Kenai -- Comments included: • The six lots proposed far rezoning, and if the rezone is approved, the lots would be developed and populated with businesses, but thinks it would be detrimental to the welfare and safety of the community. • Thinks it is a bad idea -- it was in 198b when it development of the area was first proposed, and it still is. Bill Munson, 215 Susieana Lane, Kenai -- Comments included: • He's a new homeowner in Inlet Woods (under a year). • There are children using the area for biking. • There is a lot of wildlife in the area. • Concerned about property values being affected. • One reason he bought in that area was because he believed Lawton Acres would remain a conservation zone. He is against the rezone. Nate Kiel, 404 Lawton Drive, Kenai -- Comments included: • Respect and appreciated the comments offered. • He and his wife were encouraged by the City of Kenai to pursue the area for development. • Feels it would be a win/win situation. • Didn't go door-to-door, but have had people approach him about the city opening property for development. • His wife {Gina Kiel) submitted 25 letters from city residents in favor of the rezoning, including neighbors directly in the area as weal as other close neighborhoods. • The proposed zone is not ahalf--baked idea to promote business at the expense of environment and residential neighborhoods. • Administration worked diligently to initiate a new limited commercial zone in the city, designed to promote low-density commercial and professional business without negatively impacting residential areas. • The new zone limits the scope of development that may occur and provides for buffers and restrictions for new businesses in the area. • Immediate economic benefits, including diversification of the economy; bring in more tax revenue; bring income from land sales; existing businesses would PLANNING 8v ZONING COMMISSION MEETING JUNE 8, 2005 PAGE i4 benefit from indirect sales; enhancement of the BLT (Buy Local Today) program; stronger Chamber of Commerce; a greater cash flow; and, would expand services and retail economy throughout the city. In response to newspaper articles and quotes/misquotes, Kiel responded: • The City should not subsidize land sales -- No one has offered them a sale that would mean the city would be subsidizing a sale to them. • Should not clear cut -- He lives in Kenai because it is more esthetically pleasing and more to offer; no one has proposed clear-cutting as there are restrictions, requirements for buffers, etc. • Should encourage renovation of existing structures -- Though he agrees, owners have to want to renovate, find it profitable to accommodate prospective buyers, etc. • This would not be 'sprawl' as there are current businesses on the north side of the Spur Highway. • There's a significant buffer between the drainage to Rogers Road and the Challenger Center/multipurpose facility. It's much closer to food franchises, etc. • There has been public testimony at both the council and commission levels supporting the rezone. • Thinks the 60-62' area between the property and the sidewalk is sufficient. bid. Would be in support of the rezone even if he did not win the competitive Kristine Schmidt, 513 Ash Avenue, Kenai -- Comments included: • Believe the council indicated they were interested in a head count on the issue and urged people to testify. • Opposes the development as she did 20 years ago for the same reasons. • She took pictures of empty and 'for sale' properties in Kenai and submitted the pictures (found four in one-half hour) . The finding in the Comprehensive Pian states, "...Kenai is fortunate to have an ample inventory of privately-owned vacant land suited far its future demands." • Considers it a spot zoning request. • Strip development in that area has been turned down twice because, she felt, people in the community do not support strip development. • Nothing has changed in 20 years as far as the reasons why people do not want the area developed. • Didn't think the city properly complied with the public posting requirements (not the required amount of signs posted). • There are a number of areas in the Comprehensive Plan that would not support the development. • Development of the area would be contrary to the latest airport land study and consultant's report (stop selling airport land and begin leasing it). PLANNING & ZONING COMMISSION MEETING JUNE 8, 2005 PAGE 15 • Development would be contrary to the KEDDS report (included in its goals is the desire to cut down on strip development and revitalization of the downtown area and support existing businesses). • There is no evidence or statistics in the report to support the statement that businesses believe, in order to survive, they must be visible to traffic. • Doesn't believe the city needs to do the development; money is available in the Airport Land Fund. Pete Hansen, 418 Rogers Road, Kenai -- Comments included: • Has lived at this address far 32 years. • He participated on the KEDDS Committee. • KEDDS report includes a goal to put together a basic design for Millennium Square, develop a common ground on a portion of the 21 Acres for small businesses, and develop a business center in Kenai. • Hopefully in time, there will be more focal orientation of small businesses in an area where people can walk to them instead of driving. Public hearing was closed. MOTION: Commissioner Bryson MOVED to recommend approval of the rezoning from Conservation to Limited Commercial of a portion of Section 33 S 1/2 S 1/2 SW 1/a Lying South of the Kenai Spur Highway. Commissioner Eldridge SECONDED the motion. Amen noted the following: • The meeting received a lot of good information from the neighbors and those affected by the proposal. • Concerns expressed were quality of life, value of homes, noise, etc. • Appreciation of the work put into developing a limited commercial zone, including limited square footage of buildings, buffer zones, etc. • Question before the Commission is whether this would be the correct application for the use of the zone for this particular property. He appreciated the input and from it, learned this probably is not a good match. Eldridge noted the following: • Appreciated the input from the public. • Unfortunate the use of a limited commercial zone was not advertised more because it was designed to be a buffer development. • Frorn the testimony, he felt this probably would not be the time to or the place to use the limited commercial zone. PLANNING & ZONING COMMISSION MEETING JUNE 8, 2005 PAGE 16 Bryson noted the following: • He is supportive of the concept for a limited commercial zone. • Did not think this was the tract with which to apply it, even prior to the testimony given. • For persons who live relatively close to the highway, noise is a major issue and gets worse in the wintertime and the proposed lots would not be able to be developed without clearing a maj or portion of the buffer. • Would not support the motion. Amen noted a comment made related to concern about driveways crossing where people now walk. He asked if all the road access would be toward the highway. Kebschull explained, that would be a platting issue. She noted, a preliminary plat was provided to the public, but no final decisions had been made as to development options. VOTE; Harnrnelrnan Absent B son No Twait No Eldrid a No Amen No Barrett Absent Glick No MOTION UNANIMOUSLY FAILED. Glick noted, the actions could be appealed within 15 days. Letters of appeal must be submitted to the city Clerk. BREAK TAKEN: 9:05 P.M. BACK TO ORDER: 9:14 P.M. ITEM 6: OLD BUSINESS -- None. ITEM 7: NEW BUSINESS 7-a. PZ05-38 -- An application for a Home Occupation Permit for a daycare for the property known as Lot 3, Yragui Subdivision (503 Candlelight Drive), Kenai, Alaska. Application submitted by Carolyn Barnes, 503 Candlelight Drive, Kenai, Alaska. Approved by consent agenda. 7-b. Discussion/Recommendation -- Kenai River Center Project #5767 - An application submitted by Gordon Griffm, Kenai Golf Course, to withdraw approximately 300 gallons of water a day from Boat Launch Creek for watering golf greens. PLANNING & ZONING COMMISSION MEETING JUNE 8, 2005 PAGE 17 MOTION: Commissioner Bryson MOVED to approve Kenai River Center Project #5767 and Commissioner Eldridge SECONDED the motion. Kebschull referred to a memorandum in the packet which included comments from the City Engineer and Public Works Manager. She added, it was their opinion the city has no problem with the proposal and would recozrxmend approval; an application is required for a permit from the Department of Natural, Resources; the application is reviewed by the Kenai River Center; and, the city is noticed when applications are submitted for any land within the city in order to submit comments. VOTE: Hamrnelrnan Absent B son Yes Twait Yes Eldrid e Yes Amen Yes Barrett Absent Glick Yes MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS 8-a. PZ05-lfi -- An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled until brought back by Administration.) No action. ITEM 9: CODE ENFORCEMENT Amen noted he observed used cars being sold at Anchor Trailer Court. Kebschull explained the property is zoned General Commercial which allows for the activity. ITEM 10: REPORTS 10-a. City Council -- Council Member Moore reported the following: • The action agenda of the June 1 council meeting was included in the packet. • The FY 2006 budget was amended by adding funds for the placement of a permanent outhouse at the north side beach, and in the library budget for purchase PLANNING & ZONING COMMISSION MEETING JUNE 8, 2005 PAGE i 8 of books. • Funding approved by the Legislature will include PERS funding and funding for roads and water/sewer projects. • The Council unanimously failed a motion to support the Borough's Comprehensive Plan due to all city concerns not being included. • He will be absent from the June 15 council meeting. Amen asked for a report on Municipal Park and Moore explained Fish & Wildlife grant funds were received for improving the trails and adding fencing. 14-b. Borough Planning -- No report. 10-c. Administration -- Kebschull reported the following: • A memorandum was included in the packet providing clarification of conditional use permits reflecting uses listed in the Land Use Table. • No official notes of the past Airport Commission work sessions are available, however information handed out and discussed is available in her office. The next Airport Commission work session would be held Monday, June 13. • She clarified with the city attorney and found the application from the Oilers identified an error in the Land Use Map and the Comprehensive Plan. The process to correct the information would be to hold a public hearing and that will be brought forward at a future meeting. Bryson noted, the Commission recommended approval of a conditional use permit for placing a table on the property donated to the city for a park along the Spur Highway. He asked if the city accepted the parcel. Kebschull reported, the city had already accepted the parcel and if a park is not developed, the property would return to the donors. Kebschull noted, the Commission's concerns were addressed, however because no motion was made to require the stipulations, the information was provided to the City Manager and Parks 8a Recreation Director as the Commission's recommendation but not as requirements. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. Zoning Bulletin (5/ 10/d5) ITEM 13: COMMISSION COMMENTS 8a QUESTIONS -- None. The work session scheduled for immediately after the meeting was postponed to be held after the June 22 Planning & Zoning Commission meeting. ITEM 14: ADJOURNMENT PLANNING & ZONING COMMISSION MEETING JUNE 8, 20x5 PAGE 19 MOTION: Commissioner Amen MOVED for adjournment and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approxirnately 9:41 p.m. Minutes transcribed and prepared by: ~~ ~ ~ . , ._. Carol L. Freas, City Clerk PLANNING 8v ZONiNG COMMISSION MEETING JUNE S, 2005 PAGE 20