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HomeMy WebLinkAbout1976-09-08 P&Z Summary`3 KENAI PLANNING & ZONING COMMISSION REGULAR MEETING SEPTEMBER 8, 1976 CITY MANAGER'S OFFICE 7:00 P.M. BETTY GLICK, CHAIRMAN AGENDA 1. ROLL CALL 2. PUBLIC HEARINGS A. Request for Conditional Use Permit in a General Commercial Zone: Kenai Baptist Temple B. Request for Section Line Vacation: Leo T. Oberts 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES OF AUGUST 25, 1976 5. OLD BUSINESS None 6. NEW BUSINESS A. Kenai Peninsula Estates: Preliminary Plat B. V. I. P. Ranch Estates: Final Plat C. Grace Brethern & Beck Property Replat: Preliminary/Final Plat 7. OTHER BUSINESS A. City Council Report: Ed Ambarian B. Borough Planning & Zoning Commission Report: Betty Glick C. Harbor Commission Report: Betty Glick D. Administrative Report: Elena Horton 8. ADJOURNMENT A1=+1Vtil YL1-]LVLV11Vh dt GV1V11Vb l..Vl°1111A.J1VlV REGULAR MEETING SEPTEMBER 8, 1976 KENAI PUBLIC SAFETY BUILDING 7:00 P.M. BETTY GLICK, CHAIRMAN 1. ROLL CALL Present: Ron Malston, Roland Raymond, Nick Miller, Cliff Heus, Mike Hamrick and Betty Glick Absent: None Ex-Officio Member Present: Ed Ambarian 2. PUBLIC HEARINGS A. Request for Conditional Use Permit in a General Commercial Zone: Kenai Baptist Temple Chairman Glick asked Mr. Robert Larrabee, Pastor of the Kenai Baptist Temple, to give the Commission information on the purpose of the conditional use permit. Mr. Larrabee stated that Wings Christian Academy had been holding school for two years in the Automotive Parts .and Equipment Company building. They now needed a larger facility and so had purchased the old N.C. building. Chairman Glick asked Mr. Larrabee to give the Commission further information on the operation of his church and school. Mr. Larrabee stated that the Kenai Baptist Temple wanted their use of this building to be good for the community .and stated that he had a number of petitions voicing favor of the conditional use permit to allow Kenai Baptist Temple and Wings Christian Academy to operate in a general commercial zone. It is not the intent of the church to rezone the property in question - they only wish to use the property. Mr. Larrabee stated that the school had 23 students last year, with an enrollment of 40 students this school year. The growth rate of the school would depend largely upon the development of the lot. The fire department had told them that the present facility could hold 80 students. In the past, their growth rate has been slow and steady. The fire department had been contacted prior to purchase of the building and had informed them that there would be no problem in making the necessary adjustments to enable the building to meet the local fire codes. Chairman Glick asked if there were plans to fence in the playground area. Mr. Larrabee stated that there were no plans at this time, but they would be willing to fence the area if the. Commission felt this was necessary. REGULAR MEETING SEPTEMBER 8, 1976 (Item 2-A, continued) Page 2 Chairman Glick. read information relating to uses permitted in the general commercial zone and stated that conditional use permits could be issued if the intended use was similar to principal uses permitted in the zone and if it did not violate the intent of the zone. Chairman Glick then read the intent of the general commercial zone from the Zoning Ordinance, #74-70, and he minutes of the June 9, 1976 meeting of the Planning and Zoning Commission, at which time Kenai Baptist Temple had requested the conditional use permit. Chairman Glick opened the meeting for public input after reading the rules governing input from the public. Miles Dean of Kaknu Korners Subd. in Kenai, asked the definition of professional offices as outlined in the zoning ordinance. Chairman Glick stated that, in her opinion, this would refer to attorneys, doctors, etc. The question was directed to Mr. Ambarian. Mr. Ambarian stated that his opinion was the same as Chairman Glick's,in this regard. Mr. Dean stated that he would like the definition of this word supplied in a letter to Kenai Baptist Temple. Mr. Dean spoke in favor of granting the conditional use permit because the church and school would be a great asset to the community . Lynn McCollum of McCollum Rd. in Kenai, spoke in favor of granting the conditional use permit because a good school is needed in the community - his son attends this school. Chester Cone of Kenai spoke in favor of issuing the conditional use permit because he did not feel the issuance would be detrimental to the surrounding property owners and the church and school would be an asset to the community. Jim Bookey of Overland St. in Kenai, stated that he owned much of the surrounding property. in this case and is in the process of buying additional property in the area. The area was established to provide a location for businesses. He operates a restaurant in this zone and has plans to build a motel with a bar on the property adjacent to the proposed Kenai Baptist Temple site.. Mr. Bookey spoke in opposition to issuance of the conditional use permit because a church and school next to his property would effect financing of his proposed construc- tion of a motel and bar, (which is well within the intent of the zone), issuance of the permit would delete four acres of prime .commercial property from the area and he felt the intent of the general commercial zone should not be violated. Calvin Quandt of Bush Lanes Subd , Kenai, validity of the zoning ordinance and then ordinance should be strictly upheld. Neil Thane of Birch Dr. in Kenai spoke in of the permit because he felt the school questioned the stated that he felt the favor of issuance is an asset to the community. They were not asking for a permanent zoning change. They were only asking for use of the property temporarily. 1~.C~1VA1 YLHNLV1Nli b~ GUN1NCi C:UMM1551UN REGULAR MEETING SEPTEMBER 8, 1976 (Item 2-A, continued) Page 3 Allen Bope of Bush Lane Subd. in Kenai stated that they were previously operating approximately 2 blocks from the location in question and had no problem with zoning regulations at that location. .Therefore, they had. no idea that there would be a zoning problem at the location in question.. Mr. Malston stated that the previous property had been zoned urban residential and the property in question was zoned general commercial. Mr. O'Loughlin who owns property adjacent to the old N.C. building in Kenai, stated that he was not opposed to the church and school but was opposed to their operating in a general commercial zone because the property would be taken off of the tax rolls and the City had very little commercial property. Mr. Larrabee stated that he had been told that Kenai Baptist Temple would have to apply to the Commission for a conditional use permit to operate their church and school in a general commercial zone. Between that time and the June 9, 1976 meeting, they purchased the property. At the June 9th meeting they were told that a conditional use permit would be required and a public hearing would have to be scheduled when he returned from a trip out of the state. They then received a letter ordering them to .cease operation of a church and school in this zone until such time as a conditional use permit was issued. Mr. Larrabee stated that it was not feasible for them to close the school so near the beginning of the school year so they felt-they could not cease operation. Chaixman Glick stated that the date for the public hearing was set at the June 9, 1976 meeting for August 11, 1976 at the request of Mr. Larrabee. Stan Wells of 4th and Birch in Kenai asked for what period of time the permit would be issued. Mr. Larrabee stated that they were helping the community by taking children out of the public school system. They would be satisfied with a two year permit, as this would enable them to find another location. A one year permit would even be acceptable as this would allow them to operate this school year while looking for another location. Mr. Larrabee asked what procedure was required to rezone the property. Chairman Glick advised him that he would have to file for rezoning of the property through the Borough and a public hearing would be held. Mr. Larrabee stated that this was just a matter of question. Mr. Wells stated that he wished to encourage the Commission to grant the conditional use permit. i\ r.1V h 1 Y LH1V LV 11V li at %G V!V 11V l7 l: V loll°11.7.7 1 V LV REGULAR MEETING SEPTEMBER 8, 1976 (Item 2-A, continued) Page 4 Mr. Hamrick asked Mr. Larrabee if he was aware that when he applied for tax exemption the whole of the four acres and building will not be tax exempt. Mr. Hamrick stated that it was his understanding that property in the Kenai Peninsula Borough was prorated, based on the number of students, etc. Mr. Larrabee stated that he was not interested in whether or not taxes would have to be paid. He has not checked on whether or not the church and school would be tax exempt. They are not off of the tax rolls at this time. Lindsey Williams of Kasilof stated that he has been a pastor in several areas and had noted that churches and schools in downtown areas were permitted in large cities. A church is compatible with businesses. Mr. Williams requested a show of hands as to who was in favor of granting the conditional use permit. Mr. Bookey objected to testimony outside of the City Limits of Kenai. Chairman Glick stated that she appreciated Mr. Williams interest, but this matter pertained to the City of Kenai and she felt that testimony should be restricted to residents of Kenai, as they are the people who will be affected. Tom Harvey, who owns property near the school and church in question stated that the church should be the center of the community and that in most cities they are allowed in the downtown area. He was in favor of issuance of the permit because he did not feel that it would have an adverse affect on surrounding businesses. Stanley Dean of Kaknu Korners Subd. in Kenai spoke in favor of issuance of the permit and asked for a show of hands of those persons present opposed to the issuance of the permit. A church and school are. more needed than many other businesses which might go into this area. Mr. .Dean asked why the City was involved in this matter since the Borough did the zoning. Chairman Glick stated that a show of hands was not in order, since the purpose of this meeting was to obtain verbal testimony. The Borough delegated certain functions to the Kenai Planning and Zoning Commission, one of which was to grant conditional use permits within the City of Kenai. The Kenai Commission cannot change zoning, but can make recommendations to the Borough in zoning changes within the City of Kenai. Mavis Cone of Barabara Drive in Kenai stated that education cost the taxpayers a large sum of money each y~.ar. She spoke in favor of issuance of the permit because the school was an excellent one needed by the community . Vincent Spady who is presently living with Mr. Larrabee spoke in favor of issuance of the permit. He has been a teacher for five years and the education given at this school is excellent, making for a better community in the future. Neil Fayne, presently living in Kenai, stated that he was familiar with patterns of church growth. The problem was finding a building that can be used for another purpose when the church outgrows the location and this building would serve this purpose. Mr. Bookey will not begin construction for two years and Kenai Baptist Temple would outgrow this location in that amount of time. Kr;NAl YLEllVN1NCi & GUN1N(.~ (:UMM1551UN REGULAR MEETING SEPTEMBER 8, 1976 (Item 2-A, continued) Page 5 Stan Wells asked if Kenai Elementary and the church presently located on the highway had grandfather rights. Chairman Glick stated that they did. Frank Blevins of Overland St. in Kenai spoke in favor of issuance of the permit because he could see no detrimental effect to the adjacent property if a school and church were placed in this zone. Mr. Blevins felt that the church and school would benefit Mr. Bookey's restaurant business. Mr. Bookey stated that it had been stated. that he would not begin construction for two years. He stated that he would begin in the Spring if he obtained approval from the building officials. Financing has already been arranged. Placement of a church and school next to the property could adversely affect his financial arrangements. Miles Dean asked who made the final decision in this matter. Chairman Glick stated that the Kenai Planning and Zoning Commission made the decision. Their decision could be appealed to the Borough .Commission. Marlene Dean spoke in favor of issuance of the permit because the church and school would be an asset to the community. Sandra Whittington spoke in favor of issuance of the permit because the education would be beneficial to the children of the community. ~ .Pat McCollum spoke in favor of issuance of the permit. Sherrie Sadathet spoke in favor of issuance of the permit. Linda Fain spoke in favor of issuance of the permit because the school would save the taxpayers money. Mr. Quandt asked if the main objection to the church and school in this zone was the matter of taxes. Chairman Glick stated that this was something which must be considered in unison with effect on adjacent property owners and on the community, along with all other aspects of the matter. Elizabeth Hamar §poke in opposition of issuance of the permit. When she was asked to sign the petition for Kenai Baptist Temple, she was told by the individuals circulating the petition that its purpose was to keep the church and school from being torn down. She felt that Kenai Baptist Temple had misrepresented the intent of the conditional use permit in obtaining signatures for the petitions. Mrs. Wells stated that she had contacted the City Attorney regarding the petitions and the City Attorney had told her that they were not legal petitions, but could be submitted to show the feelings of the community members signing the petitions. ~ Chairman Glick asked if all signatures secured on the petitions were from residents of the City. Mr. Larrabee stated that there were very few, if any, which were not residents within the City limits. Mrs. Cone asked why the petitions would not be considered. Chairman Glick stated that the petitions would be considered, along with all other information regarding the matter. r~1Vt11 t"LHIVLVIIVV Ot GVLV11Vlz l.Vlll°11.7A1V1V REGULAR MEETING SEPTEMBER 8, 1976 (Item 2-A, continued) Page 6 Mr. Bope stated that if~the Commission granted a one~~or two year permit, this would not interfere with Mr. Bookey's plans for a bar and motel since the permit would expire before he began construction,. as Mr. Bookey had stated that it would be a year or two before construction was begun. Mr. Bookey stated that he would begin construction sooner if financing could be secured. Mr. O'Loughlin asked Mr. Larrabee if he would be closing the access road which is presently used which is on his property. Mr. Larrabee stated that they did not wish to cause any problems, but that if they were required to fence the lot they may have to close the access road. Miles Dean asked if the Commission felt the fine now levied against Kenai Baptist Temple for zoning violation was just and asked if the fine was being levied on a day to day basis. Chairman Glick stated that the fine was being levied on a day to day basis and that the Court would determine whether or not the fine was just. Chairman Glick advised Mr. Larrabee to leave his petitions with the Commission and that they would be reviewed. Mr. i Larrabee stated that they did not wish to change the zoning of the property. Mr. Larrabee also submitted letters which were sent to the property owners within 300 feet of the old N.C. building from Kenai Baptist Temple for the Commission's review. At this time, 9:.OO p.m., the Commission recessed and reconvened at 9:15 p.m. Chairman Glick read letters received from .adjacent property owners in response to the notices sent by the City administra- tion. Chairman Glick closed the meeting to the public and asked the wishes of the Commission. Mr. Hamrick stated that he would like to have time to review the material submitted at this meeting before making a determination in this matter. MOTION: ]Mr. Hamrick moved, seconded by Mr. Miller, that the Commission schedule a special. meeting at a later: day to make a determination in the matter of issuance of a conditional use permit to ~ Kenai Baptist Temple. Motion passed unanimously by roll call vote. A special meeting was scheduled for 7:00 p.m., Thursday, September ri~1VL-11 YL1-~LV1V11V1z Ot GVLV11Vls l.Vl"ll"11~J1V1V REGULAR MEETING SEPTEMBER 8,..1976 Page 7 (Item 2-A, continued) 9, 1976, at which time the Commission would render a decision in this matter. B. Request for Section Line Vacation: Leo Oberts Chairman Glick opened the meeting for public input. There being none, the meeting was brought to the Commission table. MOTION: Mr. Malston moved, seconded by Mr. Heus, that the Commission recommend to the Borough Planning and Zoning Commission approval of the vacation of the E6 foot section line easement common to Sections_7 and 8, T5N, RlOW, S.m., lying southwest of the Kenai Spur Highway and located within Tracts D and E of the Oberts Subdivision. Motion passed unanimously by roll call vote. 3. AGENDA APPROVAL MOTION: Mr. Heus moved, seconded by Mr. Malston, for approval of the agenda of the September 8, 1976 meeting. 1 Motion passed unanimously. 4. APPROVAL OF MINUTES OF AUGUST 25, 1976 MOTION: Mr. Hamrick moved, seconded by Mr. Miller, for approval of the August 25, 1976 minutes with the following correction: Page 3, Item D, first paragraph the word "firm" is mispelled. Motion passed unanimously. 5. OLD BUSINESS MOTION: Mr. Malston moved, seconded by Mr. Miller, that the Commission recommend that-the City Administration research the conditional use permit granted to Peninsula Mobile Home Sales regarding a time limit on the period of time they would be allowed to operate their business out of a trailer. Motion passed unanimously. 1~.CiNHl YLHNN1NCi HNll GULV1NCi C:UMN11551ULV REGULAR .MEETING SEPTEMBER 8, 1976 Page 8 6. NEW BUSINESS A. Kenai Peninsula Estates: Preliminary Plat MOTION: Mr. Hamrick moved, seconded by Mr. Malston, that the Commission recommend to the Borough Planning & Zoning Commission approval of the preliminary plat of Kenai Peninsula Estates Subdivision, with the following recommendations: 1. The street names be shown. 2. The utility easements be shown. 3. The radius of cul-de-sac be shown. 4. That a letter from the utilities be provided showing it is able to serve the area. 5. That the proposed land use be on record. Mr. Sam Best of the Borough stated that the land use on the face of the plat made it very difficult if the property was rezoned because you almost have to replat the area. The Borough attaches a letter to the plat showing the proposed land use. Motion passed unanimously. B. VIP Ranch Estates: Final Plat Mr. Ambarian stated that a temporary cul-de-sac should be shown at the end of 13th Avenue S.W. After further discussion by the Commission,. this plat was tabled until the meeting on September 9, 1976. MOTION: Mr. Heus moved, seconded by Mr. Malston, that the Commission table review. of this plat until the September 9, 1976 meeting. Motion passed unanimously. At this time, the Commission members asked questions of Mr. Sam Best of the Kenai Peninsula Borough Planning Department. Mr. Hamrick asked Mr. Best if there were certain requirements for plats which were automatically taken care of at the Borough level. Mr. Best stated that the statement by the Borough tax collector stating that all taxes had been paid on the property was automatically taken care of by the Administration. 1C~NA1 PLANNING & 6UN1NG CUMM1S51UN REGULAR MEETING SEPTEMBER 8, 1976 (Item 6-B, continued) Page 9 Mr. Best stated that the statement regarding wastewater regulations was required before the plat could be recorded. C. Grace Brethern and Beck Property Replat: Preliminary/Final Plat MOTION: Mr. Heus moved, seconded by Mr. Malston, that the Commission recommend approval of the preliminary/final plat of the Grace Brethern and Beck Property. Replat to the Borough Planning & Zoning Commission with the recommendation that the status of the property west of the replat be shown. Motion passed by roll call vote. Voting yes: Malston, Raymond, Miller, Heus and Glick. Voting no: Hamrick. 7. OTHER BUSINESS Mrs. Horton was asked to check on the status of Dave Egge's Hydraulic Governor Service. 8. RECESS } There being no further business, the Commission recessed until. 7:00 p.m. on September 9, 1976.