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HomeMy WebLinkAbout1986-04-09 P&Z MinutesKENAI PLANNING & ZONING COMMISSION April 9, 1986 - 7:00 p.m. Kenai City Hall Lee Lewis, Chairman 6: Gil! PN - Mork Sessian av~ Site Plan Ordinance, Zero lot line Ordinan~ee, and Revisiars to t/ae li!enai ~itaiicipal Zaning L'a~de AGENDA 1. ROLL CALL 2. APPROVAL Oi- AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS 5. APPROVAL OF MINUTE5 of March 26, 1986 6. OLD BUSINESS 1. NEW BUSINESS a. Lease Application: Lot 4, Block 1, CIIAP - for Electronic Repair and Retail Saies - Wally Keppel Page 8. PLANNING 9. REPORT5 a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS 12. COMMISSION COMMENTS & QUESTIO NS 13. ADJOURNMENT KENAT PLANNING & ZONING COMMISSION April 9, 1986 Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Present: Lewis, Bryson, Carignan, Oleson, Osborne, Smalley, Absent: Zubeck, unexcused 2. APPROUAL OF AGENDR Chairman Lewis indicated Mr. Dale Sandahl item 10. Item 10 will be moved forward to Page is not in attendance Agenda approved with amendment 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD wished to be heard under the next agenda item as Mr. a. Mr. Dale Sandahl - One Stop Convenience Store - Thompson Park Dale Sandahl, 4040 Lupine Dr. - this is the, I guess what could be termed as round three in the continuing effort to take a look at the potential business that's being planned for Thompson Park and much to the chagrin of the residents of that area, we're trying to do some- thing about it. Between Thompson Place and Lupine Dr. there is property commercially zoned, and there is a proposed convenience store, package liquor store, and gas station that is planned for that area. Now the reason that we're here tonight is that we attended the Council meeting last Wednesday evening I believe it was the Council's recommendation that we, go to planning & zoning and so, pretty much at their advice and direction that's why we're here and as a pre- cautionary measure we also went to Landscaping last night." "There are a couple of things that may or may not have anything to do with planning & zoning but, not knowing the full functions of this group I would like to take same time to ga through about 11 paints and please bear with me if one or two of those points don't have anything to do with planning or zoning. There are several things that the residents of Thompson Park are concerned about relevant to these particular lots and the business that's going in there. That has to do with the positioning of the access road off of Lupine and Thompson Place roads and the access roads to the commercial property would be off those two city maintained roads as opposed off of the Spur Hwy. as indicated on the existing plot plan. PLANNING COMMISSION April 9, 19$6 Page 2 Second is the positioning of and the inclusion of gas tanks in what is primarily a residential area and apparently, according to the owner and builder those standards are all right but we have no idea of knowing that at this point. We're concerned about the positioning of the septic system, relative to the residential lots that are in that area, as you are aware Thompson Park has experienced some septic and drainage problems in the past. We're concerned about the apparent conflict concerning the zoning of adjacent properties between the City of Kenai and the Kenai Baraugh and as a paint of interest I would point out that I think that talking to some people at the city office and then checking with some of the land owners and checking at the Borough, apparently there has been some problems associated with zoning in that area where one may have it zoned commercially another one may have it zoned as a residential piece of property you being the experts, and us relying on the Borough as well as experts I don't know what the situation is. There's concern about the buffer zone proposed by the owner on all sides, that's the north, east, west and south, highway on one side where there's a good stand of trees and on the other side we have two roads Thompson Place and Lupine. The back side is the Phillips residence and the buildings will ga right up next to the residential area. Residents are concerned about an apparent potential safety problem, again access to the property. off Lupine and Thompson Place as indicated and I would make a special request at this time, I would request Planning & Zoning, if it is your responsibility if you would please request public works to examine those two roads to see if those two roads would bear the traffic of such a business. Incidently the Chief of Police lives in that particular area that comes at his request as well. Item number 8 the apparent problem that no committee group, council, dept. of education, city administration, at this time seems to be empowered to make a decision relative to commercial use of property that may prove to be a safety hazard to residents as well as general public relative to gas tanks, septic systems, access to property, businesses that may not fit into a certain residential areas and the associated problems that go along with that. And if there is a group that is empowered to do that and Planning ~ Zoning people know of it we would be glad to hear what that group is. To our knowledge right now, everybody has a little piece of the pie but na one can make the ultimate decision. " ~ PLANNING CQMMIS5ION April 9, 1986 Page 3 Number 9, the alteration of Thompson Place Rd. is a concern. It was placed in writing to the owners, they said that this alteration was designed to enhance the surrounding properties when, in fact, this alteration plus the proposed commercial venture will lower property values in our estimation. Number l0 and I think this is important for you Landscaping people last night postponed the decision on the proposal because as you look at the intent of what is called the Landscaping Ordinance by the City of Kenai, 14.25.Oi0, it specifically states that when considering, such a business or whatever is to be put on such a piece of property, it is intended to enhance or to maintain the property values within the City and I don't know if we have copies of that or not, but are you all familiar with the ordinance, Chairman Lewis answered, we are familiar with it. There is also concern with no water in the area other than wells and the proposed gas station located adjacent to the residential lots, another safety argument must be addressed. And so I guess at this time one critical aspect is that again we would ask you to request public works to take a look at those two roads and see if they will bear the traffic and I would like to call on Spencer Devito who has just a couple of comments". Spencer Devito: I have a couple of documents here and the last one I will save for you because I think its gat quite a bit of clout. In regards to the landscaping regulation I'd like to read it and not to be redundant, just to remind you what it does say, it is the intent of this section to provide for landscaping and/or the retention of natural vegetation in conjunction with the development within the City of Kenai, The general principal of landscaping is to visually enhance the city's appearance, that in no way will visually enhance the city's appearance in a residential area. It says to maintain, it will not maintain, it says to increase property values, it will not increase property values. And it will certainly not reduce erosion because one of the reasons that road is there is because we had erosion and storm runoff problem. Now to carry that along a little farther, when the city came in and requested to rebuild the road, they needed a piece of my property. I had a valuable piece of property which was not exposed to the highway, there was an excellent buffer zone in that particular area and giving that to the highway meant that there would be more exposure. I was very reluctant to do that and I did not sign it off to the highway. Time elapsed, the highway got back to me and I think I have a very critical letter here that I want to share with you after I try to explain what happened. ~ PLANNING COMMISSION April 9, 1986 Page 4 The old road went from my piece of property to the Spur Hwy. The City said we would like to straighten this road out to make it a good entrance. And I said that we will lose a great deal of privacy, yes, but you have a little drainage problem right on this side its been with us for several years, the City is always working this drainage problem. On this piece of property that belongs to the Johnsons, several years ago there was a drain pipe that was put through their Front yard and now a ditch has been constructed so that the water will run from this piece of property and down through this drainage ditch and through their property and over the back of the bluff. To shorten this story I said I will give you this piece of property, promise me that you will have some trees planted there and I don't want to lose the property. And it came to a question of whether it was a ROW or an easement.. I just came from the lawyers i5 minutes ago and I said this is what`s happened in the City of Kenai. The City of Kenai has a letter that they sent to me and its addressed 9/1/8/64 and here's what it says, "please find a copy of storm drain discharge easement and the street easement as discussed with you during that discussion" and I have witnesses we discussed about planting trees in that area the city has not done that and I understand that this is not an easy task so we haven't made too much about that. Our buffer is gone. They did a fine job the road is excellent, the letter goes on, "we have changed the wording of the street easement as requested, this easement does not decrease the square foot of your lot," the reason why I didn't want my lot decreased is because I went to the Soldotna Council and told them I wanted to put in a duplex and they said you can't put a duplex on that many square feet. Well I never dealt with Kenai because I do alat of business in Soldotna and at that time I didn't want to loose my square footage because in the event of putting up a duplex or wanting to do something in there I wanted to have adequate space. This says and its specifically written to me, "the easement does not decrease the square footage of your lot", furthermore as it is only an easement and not a ROW dedication. Now since that is not a ROW dedication, zoning and planning has no business coming off from my piece of property and putting in a road in fact my lawyers says that I can park a trailer on that piece of property and just give a ROW to those people that live in that district. Now what I'm saying is I think we've got a problem. We have had a problem with the ABC board we've had a problem with improper hearing, we've had a problem with out going to notification, neighbors were not called, neighbors were not notified, and it goes on and on. We've had an extension, I have a letter here from the lawyer and a letter signed by Tim Rogers, City Attorney, that says, there is an unresolved issue whether the existing zoning of the property encompasses the application. The application would allow a package liquor store with the exception of general commercial property, I've got several documents that say there's always an issue, there's always ~ PLANNING COMMISSION April 9, 1986 Page 5 a problem, there's been a problem with zoning there, ever since the beginning. Tom Wagoner, I live at 4040 Primrose Place in Thompson Park, I'm also Mayor of the City of Kenai. The reason I came tonight is not to take part so much in the discussion but to shed a little bit of light as T might on the information in the Kenai City Council minutes of May 1st 1985. I might also say I used to be the owner of lot 3 & 4 I believe, right down the street in Thompson Park. And that is general commercial that's what I used it for I had a small floor covering business there so I do understand the zoning. But I want you to understand the discussion that took place at Council that night and this is the one Mr. Boyd submitted at that time. Janet Whelan explained there was a concern that the business might be in a residential area and it is not and that concern was brought up by one ar two of the council people at the Council meeting that night. It goes further to say that Councilwoman Monfor asked if there was a chance for people to make objection, and then it says Mayor Wagoner suggested the Council ask for a public hearing and have the people in the area notified. And then the last statement says Councilman Wise noted there will be a public hearing. There are five applicants for one permit. WeII, many times people have a habit of saying there will be, and that's apparently what happened that night because Councilman Wise has no authority to say there will be. But when things like that are said sometimes people assume that people are taking care of having notice given to people like the Alcohol board that we are requesting a public hearing and that was the intent of this. And then it went on, the motion was made that a letter of non-objection be sent to the ABC regarding the One Stop' and it passed on a 4 to 3 vote. But I just have to say, in all sincerity and I'm not here to stop Roger from building a commercial enterprise, I want to see development in the City of Kenai as much if not more than mast people. But I do not think that the City and maybe the Council and maybe partially the admin- istration follow through on this item as they should have. And that happens many times in city government, we assume things and we assume that one branch of the government is going to take care of something and the other branch forgets it or they assume that somebody else is taking care of it and it slips between the cracks but the intent of Council that night, categorically, was as I remember it, to have them come down and have a special hearing here in Kenai and have the City if necessary notify the people and Mr. Boyd and everybody at that time that there was going to be that development in that neighborhood. I think probably the goat in this whole thing has got to be the ABC board. I cannot imagine the ABC board in the state the size of Alaska is, and with the population growth in this area, allowing these type of package stores to proliferate without even having a public hearing ~ PLANNTNG COMMISSION April 9, 1986 Page 6 in the area. And the reason I felt there would probably be a public hearing is if you remember a couple years prior to this they had the same situation when Safeway was talking about coming in to Soldotna, there was one small abjection raised by a person and the ABC came dawn and not only held one but I think 2 or 3 public hearings before that whole process was over and I think I just assumed from that that would happen here. And it didn't happen. And I think its a glitch in the system and its just too bad, I think that needs to be corrected some way. Sorry I can't help you make the decision. Any questions?" Commissioner Bryson, "Was the determination of the liquor license site specific was the site identified...." Answer from Mayor Wagoner, "it was identified as mile 5,4 kenai Spur Hwy." Commissioner Bryson, "no subdivision or lot number?" Answer from Mayor Wagoner, "the memorandum to Tim Rogers that I have from Jeff Labahn that preceeded that said mile 5.4 Spur Hwy It said One Stap Boys Ltd. Roger Boyd and his wife Patricia Debucher, mile 5.4 Kenai Spur Hwy, Soldotna, Alaska. So that is not a specific address or legal description." Shiela Phillips, "in presenting this petition I would like you to know that on file in the Borough in 1970 there was a petition to rezone this same area and it was tabled, it was never acted on. So T don't know where directing that petition or this one." Chairman Lewis, "this is a rezone petition is that what you're saying?" Answer yes. Commissioner Bryson, "that's being presented at this time? Janet has the building permit been issued? Answer no. It cannot be issued until the Landscaping Review Board has OK'd the site plan. They postponed it yesterday evening with the thought to reconvene perhaps Monday evening with the return of the attorney's opinion nn the portion of the code that they are referencing 14.25.010". Commissioner Bryson, "they are under a time restraint for review with that?" Answer yes. Commissioner Smalley, "so basically there isn't a decision we can come up with." Chairman Lewis, "there is no decision we can come up with. We can pass on the rezoning petition. That's not pertinent on this matter though." Commissioner Bryson, "one item that was mentioned, DEC undoubtedly is the unit that should be addressing setbacks from existing water systems or drinking water setbacks from existing sewer systems, in addition the, public water supply or semi public water that's being development and there would be setbacks to existing sewer systems." Commissioner Smalley, "there is also setbacks regarding the distance of gasoline storage tanks, fuel storage tanks from wells, residential buildings, etc?" Answer from Loper, "on checking with Dave Burnett at \~ PLANNING COMMISSION April 9, 1986 Page 7 the fire hall, he said that that would have to be approved by the State fire marshall when his entire set of plans are reviewed..." Chairman Lewis, "just far my information is the access to the proposed commercial location to go through the easement..." Spence Devito, "yes it is. Of course that is something I would certainly not allow and that's why I'm trying to stop this and in addition I've made it a point to see what kind of a hardship of course it would be on Mr. Boyd and the information that I've gathered is that the ABC board has already given him one year extension because he did not execute any of his liquor license authority through the first year, they did give him an extension, and he must execute it and sell something on that liquor license somewhere between a period of time which is still under motion however it does not, specifically state that it has to be here, it can be anywhere." Chairman Lewis, "you have been aware all along that that land was zoned general commercial though." Devito, "no I'll tell you why, I zoned this piece which is mine from residential to commercial in 1979, they didn't know what it was. I went through hearing at the city because I wanted to bring boats out on the highway and found that this was a very unsafe exit I approached the city Council at that time told them T was concerned about my daughters and my sons the access here and I wanted to zone this commercial so that I could bring the highway in here and park boats out here and that became zoned commercial at that time. Dale Sandahl, "I did have one request, if it is within your power to request the department of public works to review the roads since i understand that may not be one of your powers now but may be in the future. But in light of what Mr. Devito has indicated, who would act upon that. Commissioner Smalley, "this might speak to that ar not, this has not been approved with the Gamprehensive Plan that has been submitted, under item 6 it says with regard to the city maintaining physically separate neighborhoods in Kenai, strengthen and identify each neighbor- hood by encouraging development of public to private facilities the city shall, a) restrict development between neighborhoods on land which have identified natural hazards and sensitive habitat, c) discourage highway commercial uses in residential neighborhoods which have no direct service relationship to the needs of residents of the neighborhood, yet they still identified that section as commercial on the highway on the Land Use Map." Loper, this body couldn't answer to that at all because whatever ~} transpired between you and public works is something that we would have no knowledge of". ~ PLANNING COMMISSION April 9,1986 Page 8 Commissioner Bryson, "I think what he's referring to is, he feels a limited easement that was, given to the City and I would think something like that could exist even though its not platted as a Borough, as being given to the Borough it is something he's dedicated to the City and his interpretation is that its a limited thing, providing residential access, for your immediate subdivision." Devito, "yes and that was emphatically made at the time we gave it, in fact the record will show that we delayed signing papers for quite a while until that was clearly made we also were very concerned about the neighbor where the file was going to go through their property that indeed the small pine trees and the trees not be removed because it had a goad buffer and until that decision was made and they were assured of that the neighbors did not grant ROW either. Commissioner Smalley, "question first on Mr. Devito, are the Kenai City Attorney speak specifically to your ownership or your right of that road since the statement you received said that your square footage is not reduced in other words is maintained as the same, could that not be interpreted as he owns the road and he can exercise the rights to allow use to anyone of his choice". .Devito, "my attorney interpreted it that way, ok, I did not, I will not stand and let the City Attorney or the Borough Attorney do anything mare than make good judgement as this committee can only but make good judgement and that I know always comes down to who's the best attorney and who's the strongest got the most clout the most whatever goes on so my attorney has interpreted it as if it is the amount of feet that I have given is indeed an easement and since the land has not been given away not even one square font of it, its still my property and in the event that I need 7-,620 square feet to do something on that property even though there's a road existing there, I have 7,x number of feet nothing has been taken away from me and that was the real concern at the time, Clancy Johnson, "I'm, a homeowner on Thompson Place and we received a letter very much like the one that Spence read and it says basically the same thing and asked for an easement and the easement was for the drainage and we were further back in there, But my paint is, the letter came from the public works or the engineer but they were speaking far the City of Kenai they weren't speaking for the engineer department they weren't speaking for whoever the person was, they were speaking for the City of Kenai. And that's who we gave the easement to. Ta come across our property and it certainly was not far commercial purposes, for the change in the road was for our benefit we thought to preclude an accident or it was to enhance the safety of getting in and out of our property. And that's not what happened." PLANNING COMMISSION April 9, 1986 Page 9 Shiela Phillips, "I think there's a big question about what this property in block 3 is. I think up until tonight the Johnsons would have sworn that theirs was commercial. The .record in the city shows that the Johnson's property is commercial, the Borough retard shows it as residential. On my first one acre, the original acre, the City shows on your map that mine is residential the Borough shows it as commercial, just the opposite. 5o i think the petition is to get that clarified, please give us a final, what is our zoning, we don't know I wouldn't swear in any court what mine is. I don't think the Johnsons or the Devitas would either, they don't know. Because there are conflicting maps." Commissioner Smalley, "Spence is your whole piece, your whole parcel now all including your home commercial". Devito, "well I'd have to ask three different sources, I'd ask the Borough to get one the City to get the other and I'd have to go to my secretary to get the third." Phillips, "we don't know". Commissioner Smalley, "you can clarify that can't you, by your maps." Loper, "yes its been turned over to the attorney." Chairman Lewis, "OK the attorney is going to handle, as far as interpretation of what is commercial what is residential." Phillips, "we have three prime pieces of residential property, view property with big lots. We have homes there. And I think three out of four is democracy rules." Devito, "the opening of this has already reduced my property. Its reduced the value of my property in fact reduced it to the paint where I just spent $58,000 to buy a piece of property to build a house somewhere because I don't like the fact thats open. Now if someone who's living there and has enjoyed that realizing that he's lost the value of his property the privacy of his property what is the stare and another road, a sign, and all night traffic and on and on and on going to do to it. Its no question." Chairman Lewis, "Ok, we will pass this, this has been initiated. There will be public hearings an it you realize that and this is time consuming. it may not help you in this particular matter." Devito, "this is not in the hands of the attorney, this is in the hands of you and I and everyone in this room, listen to this, the general purpose of the landscaping is to visually enhance the city's appearance, we can get as philosophical as we want to about that that could go on for years, nobody can make a decision that thats going to be physically appearing. It must maintain and increase property values, we could argue about that for the next 6 years and not come to the right decision. And it must reduce erosion and storm runoff. That has solid vocabulary that has something that you can deal with we can't pass that on to some other aspect of government. That's philosophical." ~ PLANNING COMMISSION April 9, 19$6 Page 10 Commissioner Smalley, "but Spence it Boss on and defines landscaping to specifically refer to speak to the ground surface of live planting materials, including but not limited to trees, shrubs, grass and ground cover etc., it does not speak to construction." Devito, "on the intent." Commissioner Smalley, "on the definition of landscaping." Devito, "but it says it is the intent of this section to provide for the landscaping and/or it doesn't say landscaping it says and/or retention of the natural vegetation in conjunction with appearance, maintenance of property value reduction of erosion it doesn't just say landscaping." Mayor Wagoner, "I understand that, very well, I'm trying to make people understand that the ordinance is being interpreted differently then the Council meant it then there's a problem 'cause the Council meant for the landscaping review committee to have the authority to review landscaping plans and to make sure those plans complied with the ordinance and if in fact they did comply with it, the Council did not want a board to arbitrarily capriciously or in any other form delay anybody whether it be Mr. Boyd or whether it be myself ar whether it be somebody from Anchorage from constructing a facility. Saffell, "the reason that we're here is that we were never informed specifically what was happening." Mayor Wagoner, "Ok, I can't help that, I felt that was going to happen too as you heard my earlier testimony I'm just trying to explain to you what the ordinance says Commissioner Bryson, "I would think that acting on an item you know you'd have three choices, you'd either approve it as submitted, approve it conditionally or reject it and either of those three is taking action but tabling it is no way to be considered...." Commissioner Garignan, "but there may be some justification far it particularly around the conflict in zoning that nobody seems to know what the zoning is." Chairman Lewis, "well Ok isn't the attorney addressing that." Commissioner Garignan, "the attorney is working on that then I think there is reason far Noward to hold off on the permit until such time as the zoning is cleared up also some of the questions asked as far as the septic systems, who's responsible for checking that out are there some ordinances against gas tanks being not within the city perhaps but state rules and regulations as far as gas tanks in residential areas are concerned. I don't know. There's slot of unanswered questions, that I think need to be addressed before any permit is issued." Loper, "both the main issues, Tom are in the hands of Tim Rogers." Sandahl, "I don't, when you say there is a 10 day are you, your almost ~ leading us to believe that if something isn't done in 10 days that that automatically passes through the landscaping." Commissioner ~ PLANNING COMMISSION April 9, 1986 Page 11 Smalley, "no its 14 days with the landscaping review." Mayor Wagoner, "no, that 10 days starts from the time his proposal goes to land- scaping committee in tact and complying with the ordinance. And the reason we put that time in there is we did not want a continual delay to come out on anybody's project you know for this purpose or any other purpose and the way, T feel the Council meant to do this. Now Howard may have something different for that for his interpretation and so may the planning and zoning but if it is started to be interpreted that way I can guarantee you the Council will go back and redraft it where it can't be interpreted any other way because that is exactly the way it was meant to be done. That means that if Mr. Boyd comes in and lets say the first day he came to the landscaping committee that everything on his site met with or exceeded the landscaping ordinance from that time of submittal far review until 10 days they had the opportunity to review and act and if they didn't act then...." Sandahl, "but they did act". Mayor Wagoner, "I'm not sure they have acted as all I'm saying from the time he complies with the landscaping ordinance within 10 days the building permit must be issued if he complies." Sandahl, "that's ridiculous". Mayor Wagoner, "no it isn't ridiculous," DsVito, "just one brief scenario and I agree with you Tom and T think thats well intended it should be that way. I have a problem with the fact that we present material and just before we're ready to pass judgement of guilty, your going to jail, your guilty just before we pass judgement new evidence runs in the door and says wait I did it I'm guilty. What your telling me is that we can't do that we already found this guy guilty. Guilty as charged. And I think that there are some other issues here in that the committee last night did not find it to be a clean lets go ahead type thing. I don't think this committee can sit back and say its clean I don't think any committee we've dealt with has seen it as a clean issue." Commissioner Smalley, "T have a question of Mr. Schilling. Was last night the first time the landscape review board received a submittal of this application." Lou Schilling, "no it wasn't. We had it l4 days prior to that but it did not meet our guidelines so we postponed it and we asked Mr. Boyd to bring it up to what was needed." Commissinner Smalley, "so is it the landscape review board's interpretation that when we talk about submittal of the development when it meets your requirements does the 14 days start then or does it start when it's first submitted." Schilling, "T'm a little bit confused there too, I think from when its first submitted we have 14 days to act nn it, we reviewed it within the I4 days we found it not to be to the standards, well then we give it back to Mr. Boyd, we say Ok this is what we need on it, you've got to be specific about what you're doing so he comes back, he resubmits it, we act on it within the 14 days again." ~ PLANNING COMMISSION April 9, 1986 Page 12 4. PUBLIC HEARINGS None 5. APPROVAL OF MINUTES of March 26, 1986 Commissioner Smalley, on page 3, bottom of 3rd paragraph, change wording to show intent on voting. MOTION: Commissioner Smalley moved unanimous approval of the minutes as amended, seconded by Commissioner Osborne VOTE: Motion approved by unanimous consent Commission recessed for 5 minutes. 6. OLD BUSINESS None 1 7. NEW BUSINESS a. Lease Application: Lot 4, Blk 1, CIIAP -for Electronic Repair & __ Retail Sales - Wally Keppel Page Administrative Assistant Gerstlauer explained that this application is on a piece of property that came to the City through a judgement and it was thought at the time that the land was available, however, the judgement has not been signed. Administrative Assistant Gerstlauer asked the Commission to review the application as being concept and that any action would have to be contingent upon land availability. Administrative Assistant Gerstlauer requested that the construction date be 6/1/86 to 7/31188. Commissioner Smalley asked the purpose of the business, Mr. Keppel explained that it would be for Motorola electronics. MOTION: Commissioner Carignan moved for the approval of lease application to Wally Keppel Page, Lot 1, Blk 4, CIIAP contingent upon availability of the land and approval of site plan by Landscape Board, seconded by Commissioner Smalley VOTE: ~ Motion passed unanimously ~ PLANNING COMMISSION April 9, 1986 Page 13 Commissioner Smalley would be changed with years. $. PLANNING asked if the dates far completion of construction this approval, answer yes, date will read 2 Commissioner Smalley opened discussion on the Thompson Park rezone asking if the rezoning can continue without further word from the attorney since the majority of the property owners came with a petition. MOTION: Commissioner Carignan moved that a public hearing be established contingent upon resolving any problems with the city attorney for our next meeting regarding the rezoning of said property Chairman Lewis and Commissioner Osborne explained that the public hearing was already initiated with the submittal of the petition this evening. MOTION WITHDRAWN Commissioner Smalley asked for a report on the construction that had begun on Ames Rd. of a trailer that was to be used as a commercial enterprise by a native association. As trailers are not allowed and commercial businesses are not allowed in a residential zone, has there been a determination of whether that is native allotment land. Answer from Planning Specialist Loper, Howard Hackney has stated that he will not issue a building permit until it has been proven to him that the property is under native allotment and is exclusive. Commissioner Smalley stated that clearing is underway. Commissioner Carignan asked for a work session regarding the types of commercial enterprises we want to develop in the different parts of town. There are certain types of development that would be very appropriate to certain areas. This will be addressed in the Site Plan Ordinance which is in the drafting stages and also in the Comp Plan. 9. REPORTS a. City Council None b. Borauqh Planning None PLANNING COMMISSION April 9, 1986 Page 14 c. City Administration None l0. PERSONS PRESENT NOT SCHEDULED 7O BE HEARD None 11. INFORMATION ITEMS None 12. COMMISSION COMMENTS & QUESTIONS None 13. ADJOURNMENT There being no further business, the meeting was adjourned. The next regular meeting of the Commission will be 4/23/86 with a work session beginning at 6:00 PM. Janet Loper Planning Specialist PLANNING & ZONING COMMISSION Roll Call /// Chairman 'Lee Lewis -Phil Bryson ~ Richard Carrignen Bob Oleson e Ozzie Osborne j`~~/ Hal Smalley Bill Zubelc _ TO DO