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HomeMy WebLinkAbout1976-06-09 P&Z SummaryKENAI PLANNING ~ ZONING COMMISSION REGULAR MEETING JUNE 9, 1976 } 7:00 P.M. CITY MANAGER'S OFFICE BETTY GLICK, CHATRMAN ITEM l: OATH OF OFFICE - NICK MILLER ITEM 2: ROLL CALL ITEM 3: AGENDA APPROVAL ITEM 4: APPROVAL OF MINUTES OF MAY 26, 1976 ITEM 5: REVISION OF ZONING ORDINANCE: Sam Best and Ike Waits, Kenai Peninsula Borough ITEM 6: OLD BUSINESS A. Determination of Zoning Compliance: Robert Larrabee, Kenai Baptist Temple B. Pine Circle Subdivision (formerly Holt-Williams): Final Plat ITEM 7: NEW BUSINESS A. Vacation of City Right-of-way, Willow Street: Roger Meeks and Gayle Glad ITEM 8: OTHER BUSINESS A. City 6Quncil Report: Ed Ambarian B, Borough Plax~ing ~ Zoning Commission Report: Betty Glick C. Harbor Commission Report: Betty Glick D. Airport Advisory Committee Report: Mike Hamrick E. Administrative Report: Deborah Daisy ITEM 9: ADJOURNMENT ..,_......~ _ .~,...... ~.... y .. .,.. ~.. ~, v~ .a~. v v ~ v.. REGULAR .MEETING JUNE 9, 1976 7:00 P.M. CITY MANAGER'S OFFICE BETTY GLICK, CHAIRMAN ~;~ 1. OATH OF OFFICE GIVEN TO NICK MILLER 2. ROLL CALL Present: Mike Hamrick, Cliff Heus, Ron Malston, Nick Miller, Betty Glick, Roland Raymond and Art Evans Absent: None Ex-Officio Member Present: Ed Ambarian Others Present: Roger Meeks, Lee Glad, Ike Waits, Sam Best, Ro ert Larra ee and Deborah Daisy* 3. AGENDA APPROVAL The following additions and corrections were made to the agenda: Item 5, Revision of Zoning Ordinance, was moved below New Business. Item 6A , Determination of Zoning Compliance, was moved below Item 6B. MOTION: Mr. Malston moved, seconded by Mr. Hamrick, for approval of the 1 agenda of the June 9, 1976 meeting as corrected. Motion passed unanimously. 4. APPROVAL OF MINUTES OF MAY 26, 1976 The following additions and corrections were made to the minutes. Page 2, Paragraph 7, line 2, should read ". .the developer had at least two choices .". Page Z, Paragraph 9, line 5, should read "the Kenai Advisory Commission approved this plat.. .". Page 3, Paragraph 3, under Motion, should read Abstaining rather than Abstained. MOTION: Mr. Raymond moved, seconded by Mr. Evans, for approval of the minutes of May 26, 1976, as corrected. Motion passed unanimously. REGULAR MEETING JUNE 9, 1976 6. OLD BUSINESS Page 2 A. Pine Circle Subdivision (formerly Holt-Williams): Final Plat Mr. Hamrick stated that he had reviewed Ordinance No, 26 which stated that no final plat should be approved without evidence of .the agreement by the subdivider providing for installation of all required improvements on file with the Commission. Mrs. Daisy stated that we should request the subdivider to submit this, in writing, before approval of the plat. This would be regarding running the water and .sewer lines down Pine Circle rather than 23rd Avenue. She further stated that the subdivider had discussed this with the Director of Public Works, Phil Aber,. and had agreed to run the lines down Pine Circle. Therefore, it would simply be a matter of getting this in writing. MOTION: Mr, Hamrick moved, seconded by Mr. Raymond, that. the Commission recommend to the Borough Planning and Zoning Commission approval of the final plat of Pine Circle Subdivision, with the stipulation that Section 20.15.080, Article 5, of Ordinance No. 26 be complied with, which states: "No final plat of a subdivision located within a first class city shall be approved unless the subdivider has an agreement with the city providing for installation of all required improvements and evidence of such agreement shall have been filed with the commission." Motion passed unanimously by roll call vote. B. Determination of Zoning Compliance: Robert Larrabee, Kenai Baptist Temple Mrs. Daisy stated that she had discussed the legalities with the City Attorney, Jan Williams. Miss Williams had stated that normally, according to tradition, if the use is allowed in a more restrictive zone, it is allowed in a less restrictive zone unless otherwise specified. Suburban Residential is the most restrictive zone in our Ordinance and churches are allowed. Therefore, we cannot legally prevent a church from being established in this zone because it is a less restrictive zone, Central Commercial. The Central Commercial zone permits similar uses. Therefore, it is the City Attorney's opinion that we cannot prevent a church from being established in this zone. Mr. Larrabee stated that he had been renting property in the A P ~, E building and has purchased the property in question consisting of four acres and the old N. C, Automotive Center building. He started services in the building last week.. The 1~L1YL11 1 L1l1Y lY 11YV l~ UV1Y 11YV VV1.11.11 VV1 V1\ REGULAR MEETING JUNE 9, 1976 (Item 6B - continued) Page 3 Kenai Baptist Temple wished to use this property as a church and an academic school, with grades kindergarten through the 12th grade. Mr. Larrabee stated that he understood that if the use was found to be in non-compliance with the Zoning Ordinance, they would have to move from the building and that the property would be his responsibility. Mr. Malston asked Mr. Larrabee if he felt that this location was good for a school, since it is located in the center of town, causing a possible hazard to the children attending. Mr. Larrabee stated that he felt it was a good location because the property contains four acres on which the children can .play and the road frontage presents no problem, Mr. Hamrick asked Tyr. Larrabee if he understood that other businesses could be established next to him, which might not be desireable to the school. Mr, Larrabee stated that other businesses were already established on two sides of him and that the third side was government property, so this would be no concern. `'--...r.C,hairman Glick stated that a public hearing date would have to be set, as this would be considered a conditional use. Mr. Larrabee stated that he would like to have the public hearing set for the first meeting in August, August 11th, since he will be out of town during July. The Commission agreed to this. Mr. Larrabee was thanked for his time and excused by the Commission. 7. NEW BUSINESS A, Vacation of City Right-of-way, Willow Street: Roger Mee s an Lee 1a Mr. Glad stated that he and Mr. Meeks were applying for a vacation of the south terminus of Willow Street, from the intersection of Peninsula Street to the edge of the bluff, approximately 130 - 135 feet. This area will never be used for a street. Mrs. Daisy stated that the street was dedicated to the bluff.. The street turns into Peninsula Street. Roger Meeks owns the property on the opposite side. Mr. Glad stated that the houses would face Peninsula Street if the vacation is granted. 1~biVHl YLA1V1V11VU ~ GU1V11V1~ 1~U1~11~11JJlU1V REGULAR MEETING JUNE 9, 1976 (Item 7-A - continued) Page 4 The Commission gave its consensus to the vacation. ~ Chairman Glick. stated that a public hearing would be necessary and set July 14, 1976 for the hearing. Mr. Glad and Mr. Meeks were instructed to file a petition with the Borough for the vacation. *Mrs. Daisy out at this time. 8. :REVISION OF ZONING ORDINANCE: Sam Best and Ike Waits, Kenai Peninsula Boroug Mr. Best and Mr. Waits gave the Commission information on their plans to revise the Zoning Ordinance. They hope to revise the Ordinance. so that it will be"unf©rm throughout the Borough, but at the same time meet the specific needs of each city. Mr. Waits will be in charge of the project.. Mr. Waits. stated that he wanted to have several work sessions with each city to set up zones and write the uses .intended in the zones. He then wants to have several public hearings on the revisions made to the Ordinance. Mr. Ambarian asked if the work sessions would be in unison with other cities. Mr. Waits stated that this was a good idea, but due to the expense of travel. and the time factor involved, he did not know whether this would be possible. A work session involving all of the cities in September might be workable. Mr, Waits stated that all Planning and Zoning Commissions had been sent letters requesting three dates that would be acceptable to set up work sessions. He requested that the Kenai Commission submit the dates, with alternative dates, so that he could work in all other cities. 9. OTHER BUSINESS A. City Council Report: Ed Ambarian Councilman Ambarian stated that the Council has adopted an Ordinance, to be approved by the Borough, for protection of the Beaver Creek Aquifer. He further stated that there will be a work session tomorrow night on the goals of the administration and the Commission members are invited to attend. B. Borough Planning and Zoning Commission Report: Betty Glick Mrs. Glick had no report. C. Harbor Commission Report: Betty Glick Mrs. Glick stated that the Harbor Commission had met and discussed the Pacific L ~ G dock. The Commission is checking into usage of the Old Army Dock at this time:. and wants to know if the Planning and Zoning Commission would be in concurrance if the Harbor L~.G1VH1 YLH1V1V11Vh C7 GV1V11Vh l,Vl~!l~11JJ1V1V REGULAR MEETING JUNE 9, 1976 (Item 9-C - continued) Page 5 ~ Commiss-ion can get plans drawn up, She stated that the Harbor Commission wished to know if the Planning and Zoning Commission would recommend that the City keep the Old Army Dock to the City Council, so that it can be used to generate traffic into the dock. Mrs. Glick stated that there would be another. Harbor Commission meeting next Tuesday and that the Commission members were invited to attend for their input, Mr. Hamrick asked if we would be in compliance with the Grant if we renovated this dock. Mrs. Glick stated that we would be. Mr. Raymond .stated that he would like to see maps showing the property owners in this area. Mrs, Glick stated that she would bring a map for his review, D. Airport Advisory Committee Report: Mike Hamrick Mr. Hamrick had no report. E. Administrative Report: Deborah Daisy As Mrs, Daisy was not present at this. time, there was no report, Mrs. Glick stated that she would like to have another Commission member attend the Harbor Commission meetings, as she does not feel that she is able to donate enough time to it. Mrs: Glick asked the Commission members to think about a replacement for her. 10. ADJOURNMENT MOTION: Mr. Hamrick moved, seconded by Mr. Malston, for adjournment of the June 9, 1976 meeting of the Kenai Planning and Zoning Commission. Motion passed unanimously. Meeting adjourned at 10:00 p,m, i~ i~_ ~ E' _ r ~ ~ . ~- ~ r ,.1.. '~' ti,, C~ ,,i' ; ~ ~~ r~~~1 a ~,,, , y ~ ~~~.. ~` , ry ~- $' `, '..y*n.F L .J"~~ C 04 ~~ OATH OF OFFICE I, NICK MLLLER, DO SOLEh9NLY AFFIRM THAT I WILL SUPPORT THE COPdSTITUTION OF Tf'E UNITED STATES, THE LA~~1S AND ORDI'VANCES C?F TNF STATE OF ALASKA AND THE CITY OF kFNAI, APdD THAT I WILL FAITHFULLY AND HONESTLY PE'tFORM THE DUTIES OF A PLANNING AND ZONING COMI^.ISSION MEMBER TO THE BEST OF h1Y ABILITY. ~ / NI K M L _~R ATTEST: ~~.2e~ "~1~rr~r~ Ern-a Horton, Secretary Kenai Advisory Planning Commission DATED THIS ~ T~4 DAY OF JUNE, 1976 ARTHUR C. EV ANS CERTIFIED PUBLIC ACCOUNTANT P. O. BOX 3252 KENA1, ALASKA 99611 MEMBER AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS ALASKA. SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS COLORADO SOCIETY OF CERTIFI F_D PUBLIC ACCOUNTANTS June 21, 1976 Hon. James Elson Mayor, City of Kenai Box 2788 Kenai, Alaska 99611 Dear Jim: It is with great reluctance and regret that I must submit my resignation. from the City of Kenai Advisory Planning and Zoning Commission, effective June 25, 1976. After considerable review of the requirements of the Financial Disclosure Law in conjunction with the rules and regulations governing the Certified Public Accountant profession., it appears the disclosure requirements are in conflict. with my professional rules concerning acts that violate the confidential relationship ~~ ? between the Certified Public Accountant and his client. The required disclosure of names of clients could only be made by securing in advance the expressed approval of each and every client to disclose their names as to the client-C.P.A. relationship. In order to secure a complete list of .such consents would not only be cumbersome, but time consuming, and any one. denial would preclude meeting the requirements of the regulations. I support the concept of the Financial Disclosure Law; how- ever, I believe the requirements as related to self-employed service oriented businesses is discriminatory, and the $100.00 minimum is not a proper level to gauge possible conflict of interest. I wish to thank you for your expressed interest and confidence in my .qualifications to serve as a Commission member, and regret the necessity of making this decision. I have enjoyed serving on the Commission and the relationships with the other members who, I believe, are a very dedicated conscientious group of citizens. Yours very truly, rt r C. Evans Certified Public Accountant ACE:le