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HomeMy WebLinkAbout2005-11-09 Planning & Zoning Minutesz ~ CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS November 9, 2405 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Administer Oath of Office c. Agenda Approval d. 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. *October 26, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5, PUBLIC HEARINGS: 6. OLD BUSINESS: 7. NEW BUSINESS: a. Lease Application, Tract B-1, Baron Park No. 10; Tract C, Baron Park No. 5; and Lot 1, Baron Park No. 5 - Lounsbury and Associates, Inc. on Behalf of Wal-Mart Stores, Inc. -Discussion and Recommendation. b. FY2006 -Capital Improvement Plan -Public Workshop 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 Hammeiman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled) 9. CODE ENFORCEMENT: a. Code Enforcement Officers Report 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Planning & Zoning Roster b. Zoning Bulletin (10/10/25) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS NOVEMBER 9, 2005 - 7:00 P.M. CHAIR JOHN HAMMELMAN, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Hammelrnan called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: L. Chase, J. Twait, N. Amen, R. Lawrence, J. Hamrnelman, P. Bryson Commissioner absent: B. Eldridge Others present: Department Assistant N. Carver, City Planner M. Kebschull, Council Member R. Ross, City Attorney C. Graves, Acting City Manager C. Kopp, and Public Works Manager J. La Shot. 1-b. Administer Oath of Office City Planner Kebschull administered the oath of off ce to Ryan Lawrence. Mr. Lawrence took his seat on the dais. 1-c. Agenda Approval ADDITIONAL INFORMATION: Item 7-b, FY 2006 CIP Plan Discussion ADD AS: Item 12-e, Limited Commercial Rezone/Kenai Spur Highway MOTION: Commissioner Bryson MOVED to approve the agenda with the inclusion of the lay down information. Commissioner Amen SECONDED the motion. VOTE: Chase Yes 1~vait Yes Eldrid e Absent Amen Yes Lawrence Yes Hammelman Yes B son Yes MOTION PASSED UNANIMOUSLY. 1-d. Consent Agenda MOTION: Commissioner Amen MOVED to approve the consent agenda as presented and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- October 26, 2005 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS -- None. ITEM 6: OLD BUSINESS -- None. ITEM 7: NEW BUSINESS 7-a. Discussion/Recammendation -- Lease Application, Tract B-1, Baron Park Na. 10; Tract C, Baron Park Na. 5; and Lot 1, Baron Park No. 5 - Lounsbury and Associates, Inc. on Behalf of Wal-Mart Stares, Inc. City Planner Kebschull reviewed the staff report, noting: • The Kenai Municipal Code directs the Commission to determine if the intended use of the lease application meets the Zoning Code and the Comprehensive Plan. • The parcels are zoned Light Industrial and the proposed use is to construct a 235,000 sq. ft. Wal-Mart store, including merchandise, a garden center, tire/lobe express, gas station, which are all permitted leases under the Land Use Table. • The parcels are listed as Central Commercial in the Comprehensive Land Use Plan which is defined as "a district supporting retail, service, and office businesses that serve all of Kenai and the larger region. It is the Kenai sub-region main commercial district. Retail service, office, and public uses are predominate. " + Based on the Land Use Table in the Zoning Code and the Land-Use Designation in the Comprehensive Plan, the proposed lease application meets the requirements. PLANNING & ZONING COMMISSION MEETING NOVEMBER 9, 2005 PAGE 2 Chairman Hammelrnan explained the following: • The typical process would be for the Commission members to discuss the issue. • Though the matter does not require a public hearing, an opportunity would be given for public comments. • The Commission's actions would be to determine whether or not the intended use of the applicant is in line with and complied with the zoning ordinance and the Comprehensive Plan. • The Commission would not be reviewing the application other than related to the intended use; they would not be approving the lease; or would they be making a recommendation to the City Council on whether or not they should approve the plan or lease application. • The Commission would only review the intended use and the zone. • The Commission was bound by the city ordinances on whether or not the application meets the requirements. • The lease application would be before the City Council, where the application would be discussed, etc. Hammelman requested those wishing to speak to keep their comments to three- minutes, to sign in, and state their names and addresses for the record. Debbie McKay, 55441 Chinook Road, Kenai -- Questioned whether the Commission would be reviewing the property's use with regard to wetlands. Harnmelman explained, he did not know if the wetland issue would go before council, but it would most likely be a part of the permitting process far the development of the site. Kebschull stated, if there would be wetlands involved in the development, the norrnai permitting process would be followed through the State. McKay noted, she understood the Corps of Engineers would not be able to perform their wetlands survey until summer and therefore she did not believe the start date for development in April would be accurate. She added, she would take the concern up at the council level. Chad Broterious, 47785 Michelle Avenue, Soldotna -- Asked where to find information related to the economic benefits of Wal-Mart coming to Kenai. Hammelman stated the Commission did not have that information nor did he know whether that information would be developed through the lease application process. Kebschull noted the lease application would be considered at the November 16 council meeting, beginning at 7:00 p.m. Peter McKay, 55441 Chinook Road, Kenai -- Asked if the Commission would be involved in the terms of the lease and Hammelman stated no. McKay stated he PLANNING 8s ZONING COMMISSION MEETING NOVEMBER 9, 2005 PAGE 3 believed the second paragraph of the K. Howard memorandum was unclear. City ~ Attorney Graves explained, in the 1960's a large parcel (now known as Central Kenai) was deeded to the City to hold in trust for the airport. When revenue is generated from that property, it is placed in an Airport Trust Ftitnd which is separate from the General ~.ind; under federal regulations, the money may only be used to pay for the airport; there are specific restrictions on the use of airport property; a portion of the property is currently used for a ballfield and camping area which is an allowed use until such time as the airport has an economic use or physical use for the property; and, when there is a use for the property, the property may no longer be used for camping or park without paying the airport for it. Graves added, if the property were leased by the city to Wal-Mart, the lease revenue would go to the Airport F~.ind. Jon Walters, 503 Bluff Street, Kenai -- Walters questioned whether the proposal was on a fast track and if the Commission decided there were no significant questions, would there be a future hearing related to the lease application. Hammelman answered, the Commission would not evaluate the details of the proposal; they would not review the application in detail; they would only review the intended use of the applicant and the zoned area in which it would be developed; and, the issue would be before the council on November I6. Kristine Schmidt, 513 Ash Avenue, Kenai -- Disagreed with what the Commission's obligation was and read from the code, related to the consideration of applications and the highest and best use of the property. She requested action be postponed on the application until the lease could be reviewed and answers to the public's questions are answered. Schmidt referred to questions she outlined in a letter she distributed to the Commission, i.e. highest and best use; airport Supplemental Planning Assessment; conflict to the Comprehensive Plan; landscaping plan should be included with the site plan; highway strip development; rezoning to General Commercial; and, allowance of RV parking which would compete with local businesses. Schmidt stated she believed the Commission was limiting itself in considering only whether the site plan met the requirements of the Light Industrial Zone. Margaret Mentiag, 50375 Onslow Avenue, Kenai -- Noted, in 2001 there were meetings at the Kenai Senior Center to discuss future plans and there were no discussions related to Wal-Mart. She added, discussion did note protection of wetlands and flood plains from adverse development. Menting stated, she hoped when the proposal was considered, concern would be given to loss of wetlands. Roy Wells, 410 Lawton Drive, Kenai -- Asked if the Commission was continuing on the path to make a decision whether the Iease application was meeting the zoning criteria. Hammelman answered yes. Laura Sievert, 3329 Beaver Loop Road, Kenai -- Asked if the public would have the opportunity to ask questions at the council meeting, i.e. whether it would be the best use of the property, questions related to the Comprehensive Plan, etc. Council PLANNING & ZONING COMMISSION MEETING NOVEMBER 9, 2005 PAGE 4 Member Ross stated there would be a public hearing at the start of the meeting and the public should pose their questions at that time. He added, the concerns of the use of wetlands, ingress/egress, etc. come into review during the building permit phase if the lease application is approved. Upon the lease application being approved, there would be the submission of the building permit at which time landscaping, etc. would be reviewed. Joe Ray 3krha, 150 North Willow, Suite 2, Kenai -- Stated he was speaking on behalf of himself and other clients and business people in Kenai. He explained, he believed the City and the Commission were abridging their duty and responsibility by not investigating whether or not the Wal-Mart development would be the highest and best use for the property and whether it would conform to the Airport Master Plan. Skrha added, the Commission could be included in a lawsuit if one is filed; stated concern of Wal-Mart's reputation for the demise of small businesses; is it the highest and best use of the property; and, concern the lease amount was too little. Graves stated he believed the lease amount Skrha suggested was off base and noted the Code required all airport lands be charged six percent of fair market value and the property is required to be appraised. Gerald Broolrman, 715 Muir Avenue, Kenai -- Realized there would be tax revenue received to the City if the project goes forward; there would be increased shopping opportunities for residents; and, urged the Commission look into the provisions of the lease thoroughly. Jason Carroll, 407 Eadies Way, Kenai -- Stated he believed the "highest and best use" would be in the eye of the beholder; through his job as Manager of the First National Bank he had spoken with many of business owners in Kenai, and alI stated they believed having a Wal-Mart in Kenai would be good for their business due to the extra traffic that would be coming into the city; those businesses who survived KMart, he believed would survive Wal-Mart; and, those business owners to whom he spoke felt Wal-Mart would be a benefit to them and from their standpoint, that would be the highest and best use. Bill Osborn -- Osborn stated he has lived in Kenai since 1969 and the proposed property has always been undeveloped and felt the best use of the property would be to develop it and be of benefit to all the citizens. Barbara Ruckman, 1109 Colonial Drive, Kenai -- Stated she was raised in Anchorage and the comments being stated during the meeting were the same as those heard in Anchorage when a new business would be developed; remembered when KMart was developed, the city's and Peninsula's economy did better; and, people will stay at home and shop because there will be more available. Many of her family and friends are very pleased Wal-Mart has submitted the lease application. PLANNING 8v ZONING COMMISSION MEETING NOVEMBER 9, 2005 PAGE 5 Roy Wells, 410 Lawton Drive, Kenai -- Spoke as the President of the Kenai Chamber of Commerce in support of the Wal-Mart development; polled the Chamber's Board of Directors and found they were in support of the store; most of his constituents are pleased because of the shopping availability; best use is something the community sorely needs, and his constituents stated the community sorely needs retail; and, if something sorely needed in the community he felt, that would be the best use. Greg Hampton, 313 Aspen -- Stated he opposed the development as he did not believe the population could support the proposed large retail outlet and his concern for the small businesses that would have to close because of the development. Jim Fassler, 36815 Cheechako News Drive, Soldotna -- Stated he believed the best use of the property was the main concern; referred to an article he found on the Internet which discussed Wal-Mart's wages, limiting hours far employees to avoid health benefits for the workers, and how the State Medicaid program will suffer, Fassler stated his opposition to the Wal-Mart proposal and added, he believed the lessee should be one who values the employees, pays a living wage, and recommended the proposal not be allowed to proceed. Tom Adams, Palmer, AK -- Adorns explained he is an engineer for Lounsbury and Associates, the Civil Engineering Consultant for Wal-Mart Stores. Adams stated, after hearing some of the testimony, he felt it important to acknowledge the lease application submittal was the beginning of a long process and many of the issues posed would be responded to in the future, i.e. wetlands, landscaping, building issues. However, the first step would be to be sure Wal-Mart has the opportunity to lease the property and without the approval of the lease application, the questions would be moot. Adams stated, his company would be working with staff, the City and members of the community to attempt resolve many of the issues presented. Craig Fanning, Forest Drive, Kenai/Director, Salvation Army -- Fanning explained he is the owner of a small business; he is aware a Wal-Mart store would impact his business, however he was preparing to compensate for the impact; he deals with people who have a great deal of need; a Wal-Mart development is a need in the city and could threaten to sue if the application is not processed; he works his employees less hours in order to not have to pay for health benefits; he believes there are many small businesses that do not offer health insurance; and, he hoped the Commission would vote in favor of the lease application in order for the issue to move forward to the council. There being no one else wishing to speak, the public hearing was closed. Hammelman noted, if the lease application was for a small store, the Commission would also be looking at the intended use and whether it fit with the zoning, etc. Kebschuil noted, the Commission should base their motion on the information PLANNING 8s ZONING COMMISSION MEETING NOVEMBER 9, 2005 PAGE 6 included in the memorandum i.n the packet. MOTION: Commissioner Bryson MOVED finding the intended use complies with the zoning ordinance and the Comprehensive Plan of the City as outlined by city staff Kim Howard and the Planning Department. Commissioner Arnen SECONDED the motion. Commissioner Arnen stated, from information he had reviewed, the supplemental plan draft does not conflict with the lease application. He questioned when landscaping requirements would be addressed. Kebschull answered, landscaping/site submittal would be required when the building permit is submitted and include, landscaping, parking, site plan, etc. Amen referred to the site plan and asked the use of a "detention area." Adams answered, it meant there was absence of a storm drain system and the detention area would be used to treat on-site surface drainage. Amen referred to Cricket Drive and asked what determined the guidelines on the type of intersection to be installed. Kebschull stated the Department of Transportation would determine design and access onto the highway. Amen stated concern it appeared there would not be access from Marathon Road for several of the outlots. Comments from the audience noted, the access would be from Cricket Drive, the Spur Highway, and Marathon Road. Kebschull added, the site plan was preliminary and those concerns would be addressed through the building permit application. She added, the Comprehensive Plan referred to shared access to the highway. Adams noted other methods to acquire access and would be addressed through the permitting process. Bryson asked if the Airport Commission had addressed the proposal and Kebschull answered no, because it would not have direct access from the airport, their review would not be required. Bryson asked if staff determined whether the proposal was in conformance with the Airport Master Plan and Kebschull answered yes and found the lots had been released by the FAA. Bryson continued, the intent of his motion was to include the attachment of staff s comments. He noted, the conceptual lease application stated a height of 45 feet for structures, and asked if staff was comfortable with that height. Kebschull answered, it would be reviewed during the building permit application. Bryson asked if the building code included a requirement for industrial areas or commercial zones for building heights and Kebschull answered no. Bryson stated, there had been a reference made to a study with regard to airport properties and use, and as he viewed the Commission's duties, the proposed lease application would also be considered conceptual. Kebschull noted, the conceptual drawings were done as an addition and separately from the Airport Supplemental Master Plan and had been requested by the City far PLANNING & ZONING COMMISSION MEETING NOVEMBER 9, 2005 PAGE 7 development concepts for properties in the area. She added, there were three different properties included and none of the plans were specific. VOTE: Chase Yes Twait Yes Eldrid e Absent Amen Yes Lawrence Yes Hammelman Yes B son Yes MOTION PASSED UNANIMOUSLY Hammelman thanked those who attended the meeting and commented. Hammelman explained an appeal of the decision of the Commission could be made and was required to be submitted in writing within 15 days to the Kenai City Clerk. Bryson asked staff if the issue could be reviewed with regard to an appeal. Kebschull answered, the code explained any decision made by the Commission could be appealed to the Board of Adjustment. BREAK TAKEN AND BACK TO ORDER AT 5:10 P.M. 7-b. FY2006 -Capital Improvement Plan -- Public Workshop Kebschull referred to a memorandum included in the packet relating to the development of a Capital Improvement Plan and the process. She noted, there were members of the public available to offer suggestions for projects to be included in the Plan; they were wanting suggestions for projects valued at $25,000 or more; a spreadsheet was distributed with projects already submitted; the list would be used for the project nomination worksheet to determine a project status and priority; and, the Commission was encouraged to recommend priority of projects. Kebschull added, several projects had been brought forward that were not included on the list, i.e. nomination for Kenai Recreation Exit/ Storage lmprovement; the Library Expansion/Addition was renamed and the costs modified; and, the Kenai Senior Center office, conference rooms and storage. Acting City Manager explained the scoring process for determining priority of projects. The floor was opened for public comments. Eileen Bryson, 1205 Third Avenue, Kenai -- Noted more people using the library; need stated since 1994; many children and family programs; lots of use with limited space; many reasons for this project to be noted as "essential." Joan Bennett Schrader, P.O. Box 1264, Kenai -- Noted the current shelving is too high for her; if the Wal-Mart development goes forward, it will be additional impact to PLANNING & ZONING COMMISSION MEETING NOVEMBER 9, 2005 PAGE 8 the library; also, spoke in support of cooperative effort in sharing information between the City of Kenai and City of Soldotna related to cemetery development. Anita Necessary, 1615 Toyon Way -- Noted, she believed there could be venues to help the library be more self-supporting if there was additional space. Margaret Mentin,g, 50375 Onslow, Kenai -- Noted she believed the library should be the first priority as additional space is needed to accommodate programs offered at the library. Laura Sievert, 3329 Beaver Loop Road, Kenai -- Noted more and more high school students use the public library due to cutbacks at the high school. Emily DeForest, 515 Pine Street -- Noted the building needs to be handicap friendly; the shelves are too high; reviewed volunteer hours, programs, employee needs, etc. Kathy Heus, 4540 Kenaitze Court, Kenai -- Reviewed statistics, book circulation, and gave an overview of library studies, needs, etc. Bob Peters, Mission Avenue, Kenai -- Noted funds could be acquired through the Friends of the Library; believes the library is neglected because it shows no revenue stream; there are over 13,000 active library cards (used in the last six months); and, believed the project should be in first place, Peters also noted the bluff should be saved and that project be number two, after the library. Discussion followed between the Commission and Acting City Manager Kopp. It was noted: • The list presented to the Commission is a working document to anticipate needs before they become critical. • Administration would be reviewing the list and make recommendations as to priority for council's review. • It would be conceivable the bank stabilization project could be permitted within the five-year plan, and bank stabilization is a critical need. • Arsenic water treatment -- it appears the city will receive an extension on when the treatment will need to be completed. • Exit Road -- Will assist in the traffic during the dip net fishery, but will help the commercial fleet, dip netters, and boat launching needs. • Sports Complex/Section 36 -- Though the ball field which would be lost to the Wal-Mart complex, is not heavily used, the additional fields planned at this complex will address those concerns. PLANNING & ZONING COMMISSION MEETING NOVEMBER 9, 2005 PAGE 9 ~ Road improvements due to possible placement of Wal-Mart -- Probably improvements to Marathon Road and Wal-Mart had indicated their intention to make the improvements because their facility would be the primary user. ~ A draft of the CIP list will be presented to the Council on November 16 and a work session will be scheduled for further review with area legislators. A copy of the draft list will be forwarded to the Borough for inclusion in their booklet. ITEM 8: PENDING ITEMS 8-a. PZ05-16 - 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) ITEM 9: CODE ENFORCEMENT 9-a. Cade Enforcement Officers Report ITEM X0: REPORTS 10-a. City Council -- Council Member Ross noted the action agenda from the November 2, 2005 council meeting was included in the packet. 10-b. Borough Planning -- Commissioner Bryson reported no meeting had been held on which to report. 10-c. Administration -- City Planner Kebschull reminded the Commission the November 23, 2005 Commission meeting had been cancelled. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- No comments. ITEM 12: INFORMATION ITEMS 12-a. Planning & Zoning Roster 12-b. Zoning Bulletin (10/10/25) ITEM 13: COMMISSION COMMENTS & UESTION -- None. ITEM 14: ADJOURNMENT MOTION: Commissioner Bryson MOVED for adjournment and Commissioner Chase SECONDED the motion. There were no objections. SO ORDERED. PLANNING & ZONING COMMISSION MEETING NOVEMBER 9, 2005 PAGE 10 There being no further business before the Commission, the meeting adjourned at approximately 9:30 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING NOVEMBER 9, 2005 PAGE 11