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HomeMy WebLinkAbout1976-09-09 P&Z SummaryKENAI PLANNING & ZONING COMMISSION Special Meeting, September 9, 1976 1C:t1iNH1 YLA1VN11Vli ~ GVLV11VCi LVl~ll~11ab1VLV SPECIAL MEETING SEPTEMBER 9, 1976 CITY MANAGER'S OFFICE 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: Councilman Ed Ambarian 2. REQUEST FOR CONDITIONAL USE PERMIT: KENAI BAPTIST TEMPLE This meeting was called by the Commission in order to obtain additional information from Kenai Baptist Temple in reference to granting of a conditional use permit to enable them to operate a church and school in a general commercial zone, following the public hearing held on September 8, 1976 in this regard. Chairman Glick advised the persons present that this meeting was closed. to public testimony. Chairman Glick asked Mr. Larrabee when services were held by Kenai Baptist Temple and the size of the congregation. Mr. Larrabee stated that the congregation size ranged from 40 to 65 persons and services were held on Sunday morning and evening and Wednesday evenings. Chairman Glick asked if Mr. Larrabee felt there was adequate parking for the church and school at this location. Mr. Larrabee stated that he did. Mr. Malston asked if Mr. Larrabee had been in touch with the State Fire Marshal's office. Mr. Larrabee stated that the Fire Marshal's office had not investigated this location, but had inspected their previous location. Mr. Miller asked Mr. Larrabee if he realized that according to State Statute, there cannot be a bar within 200 feet of a school yard. Mr. Larrabee stated that they were aware that there was such a law but had not known the specified distance. Mr. Raymond asked the zoning of Kenai Baptist Temple's previous location in the A P & E building. Mrs. Horton advised that this area was zoned urban residential. } Chairman Glick asked how long Kenai Baptist Temple would utilize this building if they were issued the conditional use permit with no restrictions. Mr. Larrabee stated that they may use the building for only one year, but would be in a better position to determine this at the end of this year. If they did not move at the end of this school year, the term of use would be indefinite. ri~1VLi1 YLE~LV1V11V1i Ot GV1V11V1z I:VP'll~11b.71V1V SPECIAL MEETING SEPTEMBER 9, 1976 PAGE 2 Chairman Glick asked if Kenai Baptist Temple and Wings Christian Academy were granted a conditional use permit to operate at this location, did they feel that the cost of alterations to the building in order to comply with local codes would not be excessive in using. this building. Mr. Larrabee stated that they did not feel the expense-would be such. to make in unfeasible to use this building. Mr. Hamrick asked Mr. Larrabee if there-were plans to alter the building. Mr. Larrabee stated that minor alterations would be necessary and that they planned to make as few alterations as possible in bringing the building up to local codes. If there were to be any major alterations, they would be accomplished after this school year, if they felt that they would be allowed to stay at this location. Mr. Heus asked if any of the major alterations would make the building unsuitable for commercial ase. Mr. Larrabee stated that he did not feel the alterations would make the building unsuitable for commercial use, as the alterations would be comprised of overhead doors and things of this.. nature. Mr. Hamrick asked if there would be kitchen facilities in this building. Mr, Larrabee stated there would be none. Mr. Miller asked if the State Fire Marshal's Office had given them any information on what changes are needed to meet codes. Mr. Larrabee stated that they had been given a clean bill of health at their other location . Mr. Hamrick asked if the school would operate five days per week. Mr. Larrabee stated that it would. Mr. Hamrick asked if the school went through the twelfth grade. Mr. Larrabee stated that it did. Mr. Malston asked if the State Highway Department had been contacted regarding a reduced speed limit on the highway near the school. Mr. Larrabee stated that they had not been contacted in this regard. Mr. Malston asked if the school provided busing for the students. Mr. Larrabee stated that the parents of the students provided the transportation. Mr. Hamrick asked Mr. Larrabee if he was working full-time for the church and school. Mr. Larrabee stated that he was. There are four full-time members of the staff. Mr. Hamrick asked if any other staff members held secondary positions in other businesses. Mr. Larrabee stated that none did. As there were no further questions from the Commission, Chairman Glick asked the Commission to discuss the matter. K~NA1 YLANNINV & ZONING COMMISSION SPECIAL MEETING SEPTEMBER 9, 1976 Page 3 Mr. Hamrick asked if they should make a separate motion for each of the church and school. Chairman Glick stated that the matters could be considered jointly or separately. Mr. Raymond stated that.. he could see no reason to consider the permit for the church and school separately.. Mr. Heus stated that they should be considered separately because there is separation of church and state and not of school and state. Churches and schools have separate purposes. Chairman Glick asked if there was any objection to considering the church and school separately. There was no objection. Chairman Glick stated that the church would be~~cQnsidered first. Mr. Miller stated that he felt Mr. Bookey's testimony at the public hearing was significant in this matter, as his. situation could happen to other property owners in the area. Mr. Bookey hopes to construct a motel and bar on his property. If he cannot build a bar here because of the school, granting of a conditional use permit to allow operation of a church and school in this zone could adversely affect him and Mr. Bookey is operating within the intent of the zone. Mr. Hamrick stated that the City has very little commercial property. This Commission is meeting to consider the future development of .Kenai. If there is a small amount of commercial propetty at this time, this area is going to be needed by businesses for development in the future. There is a much larger amount of residential property which allows churches and schools and prohibits businesses. Mr. Hamrick felt that the Commission should consider the amount of commercial property available and the amount. of residential property available in making their decision. Mr. Heus stated that he had studied the zoning ordinance and that a conditional use permit would definitely be needed in this case. He felt that the City could issue such a permit for a period of one year without interfering in the future development of this zone. Mr. Heus stated that he would vote in favor of issuance of the permit if there was a definite move ~ planned by Kenai Baptist Temple and if a time limit was included in the motion. Mr. Hamrick asked Mr. Larrabee to restate whether or not this would be a permanent location for their operations or whether they would be moving at the end of the year. Mr. Larrabee stated that if this permit was granted for a one year period, it would allow them to operate this school year and give them sufficient time to secure another location before expiration of the permit. i KENAI PLANNING & ZCNING COMMISSION SPECIAL MEETING SEPTEMBER 9, 1976 Page 4 Mr. Heus asked if the property in question was zoned general commercial or central commercial. Mrs. Horton advised that the property was zoned general commercial. Mr. Heus stated the uses permitted in the general commercial zone. Chairman Glick gave a resume of the proceedings in this matter up to this date. Mrs. Glick .stated that Mr. Larrabee had contacted Northern Commercial Co. regarding purchase of "the Old N. C. Auto Center" for the purpose of a church and Christian school. N. C. requested that Mr. Larrabee check the zoning requirements prior to purchase of the building. Upon checking with the City, Mr. Larrabee was advised that he would need a conditional use permit for this use in a general commercial zone. Mr. Larrabee appeared at the June 9, 1976 meeting of the Commission and it was determined that a conditional use .permit would be required and a public hearing would have to be held. The public hearing was scheduled for the .first meeting in August at the request of Mr. Larrabee. It was not held at this time. Shortly after this time, Kenai Baptist Temple began operation of their church and school in this zone prior to issuance of a conditional use permit. Therefore, it was necessary for the City to begin legal proceedings against Kenai .Baptist Temple for violation of the zoning ordinance. The public hearing was held on September 8, 1976 and much testimony was received in favor of issuance of the permit and many petitions were received in favor of issuance of the permit. Chairman Glick stated that the Commission must keep in mind that they represent the entire City. Chairman Glick further stated that that at the public hearing, the statement was made that the majority of the signatures on the petitions were secured from residents within the City of Kenai. Many of the signatures were secured from outside of the City Limits.. Chairman Glick .stated that she wondered if some of the residents would have signed the petitions if they had known both sides of the issue. Chairman Glick stated that the Commission must decide if the conditional .use permit is within the intent of the zone. Chairman Glick read the uses permitted in this zone. The Commission can and is authorized to issue the conditional use permit for any length of time. We must issue or deny the permit on the basis of facts. Chairman Glick read the requirements for issuance of the conditional use permit. Chairman Glick stated that at the public hearing, it was stated that this school would save the taxpayers $300,000.00. The savings would actually be approximately $120,000.00. However, the school buildings would still have to be maintained and many other expenses would not be affected by the withdrawl of approximately 40 students from the public school system. There- fore, the taxpayers are not saving any substantial amount of money because of the private school. Chairman Glick asked the wishes of the Commission. KENA:1 PLANNING & ZONING COMMISSION SPECIAL MEETING SEPTEMBER 9, 1976 Page 5 Mr. Heus stated, that in order to issue a conditional use permit, the intended use must be similar to the principal uses permitted in the zone. In his opinion, a church was similar to some of the permitted uses in this zone. Mr. Raymond stated that a church and social hall were similar. MOTION: Mr. Heus moved, seconded by Mr. Raymond that the Kenai Advisory Planning and Zoning Commission grant a conditional use permit to Kenai Baptist Temple to operate their church at the location known as Tract A, Shadura Subdivision, and Lots 1 and 2, Tract A, Shadura Subdivision, for a period of one year provided that the following conditions are met: 1. That a letter be received by the Commission from Kenai Baptist Temple, stating that it is understood that the conditional use permit will expire after one year from date of issuance and at that time, use of the building and property for the purpose of a church will terminate. AMENDMENT: Mr. Malston moved, seconded by Mr. Heus, to amend the main motion to read "'for a period ending June 30, 1977'.' rather than "fora period of one year. Motion passed unanimously by roll call-vote. Mr. Heus stated that he would like to continue the discussion of similar uses in this zone. In his opinion, a church is similar to a social hall. Mr. Hamrick stated that a social hall was permitted in this zone because it could create a disturbance in a residential zone, whereas, a church is allowed in residential zones because by its own standards, it would not disturb surrounding property owners. Mr. Malston stated that a social hall would not effect development in a commercial zone. A~church could. Mr. Heus stated that in reference to being in harmony with the intent of the zone, issuance of the permit for a period of nine months would not be in conflict with development of the area. Mr. Malston asked what would occur if Kenai Baptist Temple applied for a conditional use permit at the expiration of this permit. Mr. Heus stated that the entire matter would have to considered again at-that time. KENAI PLANNING & ZONING COMMISSION REGULAR MEETING SEPTEMBER 9, 1976 Page 6 Councilman Ambarian stated that Mr. Bookey's name was being used too often in this situation, but his situation is a good example of what problems could arise if the conditional use permit was issued. AMENDMENT ~~r. Hamrick moved, seconded by Mr. Malston, to amend the main motion with the addition of the following condition: 2. That the Kenai Advisory Planning and Zoning Commission be furnished with written proof of compliance of Kenai Baptist Temple with the various codes at such time as they have been inspected and found to be in compliance or non-compliance. Motion passed by roll call vote. Voting yes: Malston, Miller, Heus and Glick. Voting no: Raymond and Hamrick. QUESTION - MAIN MOTION AS AMENDED: Motion failed by roll call vote. Voting yes: Raymond. Voting no: Malston, Miller, Heus, Hamrick and Glick. Chairman Glick advised the Commission that they should now consider the issuance of a conditional use permit for Wings Christian Academy. Mr. Heus stated that he did not feel that a school would be similar to any of the uses permitted in the general commercial zone and he did not feel that this was a good location for. a school. MOTION Mr. Hamrick moved, seconded by Mr. Heus, that the Kenai Advisory Planning and Zoning Commission issue a conditional use permit to Kenai Baptist Temple to operate Wings Christian Academy at the location known as Tract A, Shadura Subdivision and Lots 1 and 2 of Tract A, Shadura Subdivision, with the following conditions: 1. That the Kenai Planning and Zoning Commission be furnished with written proof of compliance by Wings Christian Academy with the various codes at such time as an inspection has been made and they have been found to be in compliance or non-compliance. 2. That the conditional use permit will expire on .June 30, 1977 and will be non-renewable. iIL LYLII i L.C3IY LY i1Y V lX V V1Y 11Y V l.iVl'J.L'11 V V 1 VLY SPECIAL MEETING SEPTEMBER 9, 1976 Page 7 Mr. Raymond stated that he would not like to see this permit issued on a long term basis but could see no detriment in issuing the ~ permit until June of 1977. AMENDMENT• Mr. Malston moved, seconded by Mr. Miller, that the main motion be amended by addition of the following condition: 3. That a letter be received by the Kenai Planning and Zoning Commission from Kenai.Baptist Temple, stating that it was, understood by Kenai Baptist Temple that the conditional use permit would expire on June 30, 1977 and would not be renewable. Motion passed by roll call vote. Voting yes: Raymond, Miller, Heus, Hamrick and Glick. Voting no: Malston. Mr. Heus stated that he would like to see the school in operation and he .saw no way that they could find a new location for the coming school year. Mr. Hamrick stated that if the permit was issued,. the Commission would be faced with the same decision nine months from now. Mr. Raymond stated that he would like to see the school in operation also. Mr. Heus asked City Attorney Janis Williams if the Commission could deviate from the conditional use permit requirements due to hardship. Miss Williams stated that if they granted the permit for a nine month period, they should state in their findings of fact that the Commission had determined that a long term use is not compatible, but that a short term use is allowable. Mr. Miller stated that the hardship matter should not apply, as Kenai Baptist Temple had been aware of the necessity of the conditional use permit prior to their purchase of the building. QUESTION.- MAIN MOTION AS AMENDED: Motion failed by roll call vote. Voting yes: Raymond and Heus. Voting no: Malston, Miller, Hamrick and Glick. Chairman Glick advised Mr. Larrabee that the Commission had denied the conditional use permit in the cases of the church and school and that he could appeal their decision to the Borough. The Commission would send Mr. Larrabee a letter stating their decision and listing their findings of fact. Chairman Glick stated that the Commission had to consider the intent of the commercial zone and the conditional use permit use. These uses did not meet either rectuirement. Mr. Larrabee knew that there was a possibility that the permit would not be granted and had stated at a previous meeting treat he realized the building would be his responsibility if the permit was denied. The Commission has no complaint against the church or school, but does not feel they should be located in a general commercial zone. rir,LVi-~l YLHLVLV11Vlz HLV1J GV1V11V1i 1:V1~1M15b1U1V SPECIAL MEETING SEPTEMBER 9, 1976 3. V.I.P. Ranch Estates Final Plat Page 8 Mr. Heus moved, seconded by Mr. Miller that the Commission recommend to the Borough Planning and Zoning Commission approval of the final plat of V.I.P. Ranch Estates Subdivision with the following recommendations: 1. That a temporary cul-de-sac be placed on the north end of 13t1v Ave. S.W., until such time as the street development is completed. 2. The proposed block number, shown as number 3 on this plat, be verified. Motion passed unanimously by roll call .vote. There being no further business, the meeting adjourned. MOTION: Mr. Hamrick moved, seconded by Mr. Miller, that the meeting reconvene for .the purpose of review of Dave Egge's Hydraulic Governor Service. Motion passed unanimously. MOTION: Mr. Hamrick moved, seconded by Mr. Miller, that the Commission recommend to the City Administration that the Administration begin the proper steps to levy a maximum fine on Dave Egge's Hydraulic Governor Service , in view of the fact that they have been given two extensions in order to comply with zoning regulations and are still in violation. Motion passed unanimously by roll call vote. There being no further business, the meeting adjourned at 10:00 p.m.