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HomeMy WebLinkAbout2012-04-25 Planning & Zoning Packet - Work SessionCITY OF KENAI PLANNING & ZONING COMMISSION Work Session April 25, 2012 6 p.m. - 7 p.m. & continue after the regular meeting. Work session will adjourn no later than 9 p.m. > Angler Acres Zoning > Continue Review of the Background Report for the Comprehensive Plan "V'lla e with a Past, Gi with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 11111; MEMO: TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: April 11, 2012 SUBJECT: Angler Drive Zoning Status In January, administration asked the Commission to consider initiating a rezone for the properties located on Angler Drive. The Commission directed administration to contact property owners along Angler Drive and in the vicinity to obtain comments regarding a possible rezone of the area. On February 9th, notices were sent to 35 property owners along Angler Drive and an additional 42 notices were sent to property owners within 300 feet of Angler Drive. Administration was contacted by 12 property owners in response to the notices. Of those responses, 4 property owners were against and 8 were in favor of the proposed rezone. Two property owners called asking for additional information and one property owner was unsure if they supported the proposed rezone. Attached to this memo is a map showing who responded and the location of their properties. Also attached are copies of emails received and the original memo and information provided to the Commission in January. In the past when the Commission has discussed a possible rezone in the area, there have been similar responses from the property owners in the area. Administration has been informed that the owners of the businesses are often out of state during the winter months and when they are here in the summer, they are too busy with their businesses to attend meetings. Even without additional input from property owners along Angler Drive, Administration recommends the Commission consider initiating the rezone. The area has in effect been rezoned through the granting of Conditional Use Permits. There are currently 17 active Conditional Use Permits operating from Angler Drive. The first permit was issued in 1989 and the most recent in 2011. However, it may be appropriate to postpone taking action until completion of the Comprehensive Plan so that the tools within the Plan can be used to guide your decision, i.e. Future Land Use Map and Implementation Strategies. How does the Commission want to proceed? Attachments 1992 Angler Drive Rezone Responses FOSTER Legend Supports Rezone Unsure Against Rezone NELSON la -1 w J z RICHARDSON /BAKER__ CAPTAIN BLIGH'S ENGLISH CEDROS ■ I PETERSON ROLF 1 April 19, 2012 Marilyn Kebschull From: padgett @gci.net Sent: Friday, March 09, 2012 1:41 PM To: Marilyn Kebschull Subject: Angler Drive Rezoning RE: Angler Drive Rezoning Dear Ms. Kebschull, I would like to go on record as opposing the rezoning of parcels along Angler Drive from Rural Residential to Recreational. We live on Ames Road and share the use of Beaver Creek with the parcels on Angler Drive. My experience has been that some of the businesses along Anger do not have the same respect for the use of Beaver Creek as those of us that live here and use Beaver Creek for recreational, not business purposes. I oppose the rezoning based on the fact that I think we need the extra level of regulation along Angler Drive (Beaver Creek) to provide added scrutiny when there are differences of opinion regarding highest and best use of the area. In my opinion we need zoning that requires Conditional Use Permits to insure that Beaver Creek is maintained with some balance when you consider the potential tension between recreational and commercial interests. Sincerely, Mack Padgett 855 Ames Road Kenai, AK 99611 907/227 -3217 (cell) 1 March 10`'', 2012 City of Kenai Planning and Zoning Commission 210 Fidelgo Avenue Kenai, Alaska 99611 Dear Planning and Zoning Commission members: Thank you for the opportunity to comment on the proposal to rezone Angler Drive from Rural Residential to Recreation. We do not support this proposal and our family believes this action would result in changes that do not serve the long term interests of either the City of Kenai or the property owners along Angler Drive and the nearby neighborhoods. We purchased our home on Angler Drive in the late 1980's. as our seasonal home and future retirement home. It is an incredible area, both for its access to Beaver Creek and the Kenai River and also for its unique location along the wetland environment of the lower river. We are now approaching the time when we would like to make Angler Drive our permanent residence. However, erosion of the rural residential character of the neighborhood in favor of conditional use zoning exemptions over the past 20 years has not given us the confidence necessary to invest and build the retirement home we dreamed of and always anticipated building. When we bought our home, we investigated the zoning along Angier Drive and understood that it was Rural Residential. There were just a few property owners that had received conditional use permits at that time for allowed economic activities that were consistent with the Rural Residential zoning. A planner with the City of Kenai at the time, explained to us that an example of an acceptable conditional use would be a property owner doing some part -time guiding from the property they lived on. Over the years, the City of Kenai has allowed conditional use permits that far exceeded the concept we understood at the time we purchased our home, As a result, there are fewer residents living full time along Angler Drive, and a much higher density of commercial activities. Over a relatively short number of years, the concept has changed from owner /operators conducting businesses that would not harm their neighbors, to seasonal use by operators having little or no ownership connection to the properties they utilize. We can certainly understand the City of Kenai's desire to encourage economic development and jobs for the region. However, what you are failing to consider is a balance in which economic development maintains a healthy and attractive residential neighborhood. Angler Drive is a unique neighborhood which has the potential for being a high end housing neighborhood because of its vistas, location next to the Kenai River, proximity to the City of Kenai. installed utilities (electricity and natural gas) and recent road improvements. Current zoning as Rural Residential enables flexibility and provides important controls over commercial interests that may impede the desire to maintain and build residential homes. Current zoning limits the number of guides as well as provides oversight of the guiding and operators' businesses, By changing the zoning to recreational, there would be no oversight and no limit on Re2one comments to the City of Kenai, Planning and Zoning Commission, poge 1 the number of guides. And, traffic would increase since guiding would be unlimited. In fact. a relatively peaceful location could see the introduction of tourists by the bus loads, since there would be no guiding or sight - seeing restrictions. Also, it would be the only part of Kenai in which residential homes are included in a recreational zone. Is this any more unique than the neighborhoods surrounding the golf course, which have maintained their residential zoning designation? Rezoning Angler Drive to recreation will be detrimental to maintaining a healthy balance to this residential neighborhood. What community or economic benefit is served by sacrificing the potential of this area? As a more reasonable approach, we encourage the City of Kenai to consider strategies to develop it in its highest and best use as single family residential homes. This would bring year round economic benefit and greater stability to one of the city's most scenic locations. Higher valued homes is a goal under the comprehensive plan. And. year round permanent residents stimulate more economic impact than a one -month season of commercial guiding activity. Expanded commercial activity doesn't make sense along Angler Drive Most of the lots along Angler Drive are long and narrow, about 100 feet in width. Their physical shape makes it difficult to have activities on one property without affecting neighbors on either side. The areas along Beaver Creek are intertidal with muddy silt banks that are not suitable for activities, other than accessing the river. Boat docks along Beaver Creek. and the rest of the Kenai River System, are regulated by the State of Alaska, Division of Parks. Only one dock per property is allowed, and there is a maximum size limit. The allowed level of development of docks along Angler Drive has already been reached. There is no potential for further increases in the number of boats that can be moored along Beaver Creek. There are five or six properties at the end of Angler Drive that will be increasingly threatened by erosion in future years. Further development of commercial activities along this area is irresponsible. These properties are on a hydrologically- charged outside bend of the Kenai River. The unconsolidated soils of this riverbank pose no impediment to erosion under normal river conditions, and the 1995 flood greatly increased the rate of erosion of this stretch. A number of property owners responded by building different types of retaining walls intended to prevent erosion (one sheet pile and others comprised of tree roots). if you look at the end of Angler Drive from the river side, you will see that erosion has made vertical walls along the base of the tree root and sheet pile protection. The river channel is deep and concentrated, with obvious shifting of water to the north side of the river, The next high water event of even modest proportion will cause major changes along the riverbank at the end of Angler Drive. Again, is this a reasonable area to encourage increased commercial development? The Kenai River Special Area Management Plan, developed by a citizen panel over many years and administered by the Alaska Division of Parks, specifically states that increased high use and commercial developments along the Kenai River should not be allowed and will result damaging the productivity of the Kenai River. Relone comments to the City of Kenai, Planning and Zoning Commission, page 2 Wildlife issues /interaction One of the many attractions of the Angler Drive area is the abundance of wildlife, including moose, caribou and bears. Over the past several years, an increasing number of bear interactions have resulted from the inattention of guides and lodges to the proper containment and disposal of garbage and fish carcasses Bears have been shot because of this negligence. Through the oversight available under the current zoning designation, the city provides code compliance of businesses insuring that garbage is properly contained; and neighbors can promptly report any concerns to hopefully avoid the unnecessary destruction of wildlife. if the City of Kenai rezones Angler Drive to Recreational, there will be no oversight of these businesses; and property owners will shift their complaints to the police department. From a taxpayer's perspective, a preventative course of action from code enforcement is far better than engaging police in such matters as garbage from commercial enterprises. The City will remain involved in bear interactions either way, but rezoning will come at a higher cost. Increased police intervention can be expected as the number of guides increase and public complaints rise from guide and lodge negligence. The absence of early intervention also means that more bears will become attracted to the Angler Drive area. More bears increase the likelihood of bear -human interactions and potentially end with unfortunate results to the bear population and possibly injuries to residents of the area. Since the irresponsible actions of previously granted conditional users along Angler Drive are causing the wildlife problems, how will the City of Kenai withdrawing from any oversight help that problem? The answer is that it will not. Preservation of the special characteristics of the Kenai River There are many reasons why further higher density commercial recreation activities are not appropriate for Angler Drive, including the following: • All of the commercial recreation activities along Angler Drive are supported by the Kenai River salmon fisheries, and most specifically, the fishery for Kenai king salmon. Anyone familiar with the Kenai River will recognize that the king run in the river is not what it once was. The numbers of fish available to and harvested by anglers has greatly diminished in recent years. Also, the average size of most kings caught in the river is much smaller than the giants of 20 years ago. ADF &G biologists have no idea why the runs have diminished. and they have no information when and if the situation will change. Beaver Creek is an important rearing area, so reductions in water quality could further diminish the productivity of this part of the Kenai system. • Guides and lodge operators along Beaver Creek have seen their seasons diminish and numbers of clients decline, as the reputation of the Kenai king salmon fishery has vastly changed over the past 10 years or so. It is far from clear whether the guides and lodge operations along Angler Drive are economically viable under current conditions. Many operations have already gone through several 'generations' of owners and/or operators. Rezone comments to the City of Kenoi, Planning and Zoning Commission, page 3 Several have been up for sale for up to three years, and are being operated by lessee operators, who have Tess interest in long -term responsible operations of their businesses than they would have as a property — as intended under the original concept for conditional use permits in the area. Row much sense does it make to be encouraging further development of guide and lodge operations for a one -month season? In conclusion, we ask that the Planning and Zoning Commission reject the proposed rezone of Angler River, and instead, focus on assisting property owners all long this area, including all the upstream areas of Beaver Creek, to work towards redevelopment of this area as the most desirable residential area in the City of Kenai. Sincerely, Jim Richardson and Barbara Baker - 1015 Angler Drive. Kenai AK 99611 and 1543 East 26th Avenue, Anchorage AK 99508 cc: City of Kenai Assembly members Reaone comments to the City of Kenai, Planning and Zoning Commission, poge 4 Marilyn Kebschull From: Sent: To: Subject: Marilyn, mjron @acsalaska.net Sunday, March 11, 2012 4:54 PM Marilyn Kebschull [Fwd: Re Zoning Parcels Along Angler Drive] Re zoning parcels along Angler Drive from Rural Residential to Recreational is a very bad idea for the neighborhood. When Angler and Ames roads were permitted for Rural Residential it was for a purpose. People have homes and live in the area. We live year around on Ames Road and our house borders one of the conditional use permitted properties. There are many other families that also live in the area all year with bordering conditional use permit properties. When non residential uses for land on Beaver Creek are requested Conditional Use permits are granted on a case by case basis after a review process. The conditional use permit process currently works and allows for a review of any non Rural Residential use. If you removed this requirement we would lose the checks and balances that are in place that help keep our neighbor quiet and safe. Without the conditional use permit process in place, any area zoned for recreation could easily partake in loud motor sports or other less desirable activities that would affect the quality of life of the full time residents. We already have to tolerate loud boat motors in the early morning hours and loud camp fire parties in the late evening hours all summer long from the Fish Guide (Conditional Use Permitted) properties all up and down Beaver Creek. Changing the zoning to recreation would only exacerbate the problem, create more noise and reduce the quality of life of living in Kenai. Please do not re zone any parcels on Angler Drive from Rural Residential to Recreation. Let the Conditional Use Permit Process continue to work. MJ Loveland & Ron Rogalsky 945 Ames Rd Kenai AK 283 -9237 1 Marilyn Kebschull From: akgreg [akgreg @mail.com] Sent: Wednesday, March 14, 2012 5:38 AM To: Marilyn Kebschull Subject: Angler Dr. Rezone We received the card in the mail about the possible rezone of Angler Dr. to recreational status and we have some concerns with that. I spoke with someone at the city and they explained what it would mean to rezone it. Right now the businesses on the street have to have a conditional use permit to operate. We feel this is a good thing and possibly helps keep those businesses operating in a manner consistent with the rules the city has in place for those permits. What happens when they don't need a permit any longer? We live on the street year round and see just what those business cause as far as increased traffic and all of the associated with more traffic - speeding /litter /noise /increase stress on an already fragile resources/ etc. If the permits are not required and there can be up to two RV's parked on the property all summer, that only increases the issues stated. We have had problems on the street before with businesses trash and the bears that love it and no fines were imposed then, which there should have been, and if there are no rules to how those businesses operate under a conditional use permit, then we only see it getting worse on Angler Dr. We strongly oppose any changes and in fact wish there were stronger rules and penalties for those businesses on Angler Dr. with regard to how they operate. Greg & Jennifer Andersen 1110 Angler Dr. Kenai, AK 99611 907 - 690 -1219 Sent from my iPad 1 7 Nancy Carver From: Marilyn Kebschull Sent: Monday, March 05, 2012 9:46 AM To: Bonnie and Mick Cc: Nancy Carver Subject: RE: Rezone Angler Drive The proposed rezone should not affect your property taxes. The Kenai Peninsula Borough assesses property based on use. Any property used for residential purposes would be assessed as residential. If I can provide additional information, don't hesitate to contact me. Marilyn K. Kebschull, AICP Planning Administration City of Kenai tA y„ 210 Fidalgo Avenue KENA , ALASKA Kenai, AK 99611 907- 283 -8235 From: Bonnie and Mick fmailto:mbcedros@mtaonline.netl Sent: Saturday, February 25, 2012 11:57 AM To: Marilyn Kebschull Subject: Rezone Angler Drive Attee_r. The question I have is, if you change the zoning for this area, how will this effect the taxs's. Will this create an increase? We are not a business on Angler Drive. Thanks 1 Marilyn Kebschull From: Nancy Carver Sent: Wednesday, March 14, 2012 9:58 AM To: Marilyn Kebschull Subject: FW: Angler Rezone Nancy Carver Planning & Zoning Assistant City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone - 907.283.8237 Fax - 907.283.3014 Kenai Al 4me Ica Cfl1 2011 From: Gary and Erika Rolf [mailto:grolf(neb.rr.com] Sent: Monday, March 12, 2012 8:59 PM To: Nancy Carver Subject: RE: Angler Rezone Nancy, You should have received my comments in the mail about 2 weeks ago. I am for the rezoning along Angler Drive, if it means removing the conditional use permit process. It is a waste of time for the following reason. Over a period of years, a business with the proper permitting would have proved itself as a well -run business, fitting in on the street without problems. In the cases of those businesses that I know along Angler, I don't know any that have ever had any trouble with noise or unruly customers causing problems for the residents who are not running lodges. I submit that if you (the City) don't have a reasonable amount of complaints on file, then my position has merit. The permit processes for the businesses on Angler is not warranted. Additionally I am dumbfounded as to the lack of response from other owners. I would think that the City will make its decision based on logic and not how many votes are received. I'm sure you have a very vocal minority. If true, the City will have to filter out all the emotion and ask them for facts. Some of the residents I am sure would like to have their own "piece of land with peace & quiet ". Unfortunately, the Kenai River is not the place for that unless you are on 10 acres. Even then, these types would stand on the river bank and silently curse all the boats for disturbing "their" river. These are the ones you will have to deal with. They are not happy with much of anything anyway — sorry to say. We have one acre and are there each year in the middle of July. I can honestly say, I have never been woken up by loud customers and we have 5 cabins within hearing distance. I'm happy to say I sleep like a baby with the windows open. The people you are dealing with probably have noise meters out looking for "trouble ". They simply can't be satisfied. Good Luck with the proposal. If it doesn't pass, send me my renewal paperwork and I'll get it filled out — for what it's worth. Gary Rolf 404 Lincoln Street Seward, NE 68434 1 Marilyn Kebschull From: Nancy Carver Sent: Tuesday, March 20, 2012 8:18 AM To: Marilyn Kebschull Subject: FW: Angler Rezone Nancy Carver Planning & Zoning Assistant City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Phone - 907.283.8237 Fax - 907.283.3014 Kenai M- ARntica City 2011 From: Joyce Nelson [mailto:m3jnelsonPak.net] Sent: Monday, March 19, 2012 8:55 PM To: Nancy Carver Subject: Re: Angler Rezone March 19, 2012 We are the owners of the property at 1010 Angler Dr. in Kenai, Alaska. We are in favor of rezoning the area from Rural Residential (RR) to Recreational (R). Sincerely, Mike and Joyce Nelson On Mar 12, 2012, at 3:23 PM, Nancy Carver wrote: The City sent out notices to all property owners located on Angler Drive about possibly rezoning the properties from Rural Residential (RR) to Recreation (R). The City has received several comments from property owners against the rezone. It would be beneficial for the Commission to hear from those property owners operating under Conditional Use Permits about the proposed rezone. You can respond by email. Comments must be received no later than Wednesday, March 21, 2012. This email is being sent to everyone with emails in the City's records. Pass the email onto other businesses we may have missed. If you have any questions, contact Marilyn or me. 1 Planning & Zoning City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 oF ,\ i` APR 5 2012 fj We, the owners of Angler Enterprises and Foster Landing, think that rezoning Angler Drive from Rural Residential to Recreational is a good idea, We think it will be beneficial to everyone who lives in that area. Thank you for this consideration, Steve & Becky Foster Gary & Kathleen Foster Jack & Carey Foster Nancy Carver From: Vicki Klaasen [anchorag ©gci.net] Sent: Thursday, April 12, 2012 4:28 PM To: Nancy Carver Subject: Re: Angler Rezone It would be one of the Captain Bligh lots. Are you allowed to say which direction it is heading? The re -zone would be a big positive for us, but I am sure not everyone sees it that way. Sent from my iPhone, Vicki. On Apr 11, 2012, at 11:14 AM, Nancy Carver <ncarver @ci.kenai.ak.us> wrote: They count, I'm just trying to identify where the comments are coming from. Thanks Nancy Carver Planning & Zoning Assistant City of Kenai 210 Fidalgo Avenue Kenai, AI< 99611 Phone - 907.283.8237 Fax - 907.283.3014 <image001.jpg> From: Vicki Klaasen [mailto:anchorag©gci.net] Sent: Wednesday, April 11, 2012 11:07 AM To: Nancy Carver Subject: Re: Angler Rezone I didn't know you had to have an address on Angler to submit comments. We are in the process of trying to purchase a lot there but have not closed yet. If it is public comment, I would think my comments should still count. Please confirm. Regards, Vicki Klaasen Sent from my iPad. Vicki On Apr 11, 2012, at 7:36 AM, Nancy Carver <ncarver @ci.kenai.ak.us> wrote: You submitted comments regarding the rezone, What is the address of your property on Angler? Nancy Carver Planning & Zoning Assistant 1 Nancy Carver From: fishhut @alaska.net Sent: Sunday, April 15, 2012 9:56 AM To: Nancy Carver Subject: RE: FW: Angler Rezone Nancy, G000d morning from Angler Drive. Sorry it has taken me a couple of days to reply but we have been super busy and we both will be flying back to work this Tuesday. Both John and I are in agreement to go to the R= Recreational; after briefly looking over the spreadsheet that you attached we find that most of what we do here in regards to our business will be permitted and we would not have to complete the Conditional Land Use permits each year. What are some of the comments that you have received in regards to not wanting to go to the R= Recreational? Thanks for keeping us informed, John and Jackie English 1125 Angler Drive Kenai, AK 99611 > Attached is the land use table where you can see whata €TMs permitted > and whata €TMs not. RR = Rural Residential R = Recreational. We will need comments ASAP. > > > > Nancy Carver > > Planning & Zoning Assistant > > City of Kenai > > 210 Fidalgo Avenue > > Kenai, AK 99611 > > Phone - 907.283.8237 > > Fax - 907.283.3014 > > > > > > From: fishhut @alaska.net [mailto:fishhut @alaska.net] > Sent: Wednesday, April 11, 2012 10:51 AM > To: Nancy Carver > Subject: Fw: FW: Angler Rezone > > > > > Good am i was waiting for the summary of differences from you this 1 Marilyn Kebschull From: robert peterson [r3peterson @hotmail.com] Sent: Tuesday, February 21, 2012 3:22 PM To: Marilyn Kebschull Subject: zoning change rezoning the Tots along angler drive to recreational sounds like a good idea to me. thanks, bob peterson.1415 angler drive. 283 -1953. 1 \the cily Q(/ KENAI ALASKA 'Village with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 -283 -7535 / FAX: 907 -283 -3014 11I1P 1992 MEMO: /1 TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration i DATE: January 4, 2012 SUBJECT: Angler Drive Zoning Status Administration is asking the Commission to consider recommending an amendment to the zoning map to rezone the Angler Drive area. This area is zoned Rural Residential. However, through the Conditional Use Process, there are 17 businesses operated in the area. Kenai Municipal Code 14.20.270 outlines the amendment procedure and the Commission may initiate an amendment. In 2007, the Commission reviewed Administration's request to consider recommending an amendment and asked that a work session be scheduled to review zoning in the area. It appears that due to other planning issues, a work session was never scheduled. Last month, the City was notified that an application had been received by the Kenai River Center to expand a dock at a property located in the Angler Acres Subdivision. That property operates a business under a Conditional Use Permit. When reviewing the River Center application, it was discovered that an amendment to the Conditional Use Permit would be required. The property owner has been notified and a public hearing will be held before the Commission on the requested amendment. This possible amendment has once again drawn attention to the Angler Drive area and the numerous businesses being operated in the area. In effect, the area has been zoned through the conditional use process. Attached to this memo is an aerial map with active Conditional Use Permits outlined in red, a report listing the permits, and a spreadsheet showing Borough assessment data for each of the parcels. As was stated previously, there are 17 active Conditional Use Permits operating on Angler Drive. There are 46 properties addressed off Angler Drive. A query of the assessment data shows there are 10 parcels with improvements of less than $10,000 and 6 parcels identified as vacant. In the past when the Commission discussed the possibility of the rezone, the Recreation zone was recommended. Conditional uses now operating in the area include: Guides, Cabin Rentals, Hotels, Bed & Breakfasts, and Lodges. Within the Recreation zone, all of these uses are permitted with the exception of Hotels and Motels. Bed & Breakfasts also require a Conditional Use Permit, which is similar in all zones except the Central Mixed Use zone where Bed & Breakfasts are permitted. Residential uses are permitted. The Commission may want to review the Recreation Zone to determine if any amendments to that zone should be considered prior to initiating a rezone. I urge the Commission to consider initiating a rezone of the Angier Drive area. Any additional information I can provide to assist the Commission will be provided. Attachments Angler Acres Aerf Legend Angler Acres CUP 2012 January 4, 2012