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HomeMy WebLinkAbout1989-08-23 P&Z Minutes-\ KE NA = P LANN = NG ~ Z O N = NG COMM 2 S S = ON August 23, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS a. Resolution PZ89-13: Rezone Govt Lot 34, Sec. 34, - From Suburban Residential (RS) to General Commercial (CG) - Maguire 5. APPROVAL OF MINUTES of July 26 and August 9, 1989 6. OLD BUSINESS 7. NEW BUSINESS 8. PLANNING Work Session to follow meeting regarding proposed Recreation Zone - material will be available at the meeting. 9. REPORTS a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS a. City Council Agenda - August 16, 1989 b. Borough Planning Agenda - August 21, 1989 c. APA Magazine 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT KE NA = P LANN = NG ~ Z O N = NG COMM = S S = ON August 23, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman 1. ROLL CALL Present: Bryson, Brown, Glick, Gilman, Walker Absent: Nault, Bannock (excused) NOTE: Commissioner Bannock arrived after the meeting. Also, Margaret O'Reilly is now Mrs. Margaret Gilman. The name change is reflected throughout the minutes. 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ89-13: Rezone Govt Lot 34, Sec. 34, - From Suburban Residential (RS) to General Commercial (CG) - MacTUire Vice Chairman Bryson called for public comments. Mr. Samuel Maguire: I am the applicant. We went to the City Council last week and I guess what happened was this suggestion, this request was turned in too late to get to the City Council so they asked us to come back here and talk to you people about it. I assume that what we're trying to do here ... due to the discussion at the last meeting, there seemed to be some discussion as to whether or not to zone part of this area residential and part of it commercial. I assume, because the City Attorney was there and he had talked to me about it, he didn't state that he had seen these papers, it would be permissible, under the application that I made, I asked specifically if I needed to make a new application and pay a new fee and I was told no, that under the present application we could introduce this. It does satisfy a couple of concerns. I have talked to Mr. Doyle who prepared this new design. This makes one of the other people who objected happy so that means that two of the four letters withdrawn. I am sure that when they find out that traffic will be coming on and off the Spur Highway that will make them happy. KENAI PLANNING & ZONING COMMISSION August 23, 1989 Page 2 I've looked around since the last meeting and the way I see it, if we don't go to strip zoning we're not going to have a lot of progress because we have just about everything that can be used up to the high school tied up. Contrary to the people who don't care for strip zoning I think that if these kids were playing on the street the way they've been playing on the street back in residential areas, we'd have a problem on the highway. So I do believe that a business district along the Spur Highway is the best use. If somebody builds a couple of houses up there and has small children along there you're going to start getting petitions to cut the speed limit down. With businesses you don't have that. Mr. Doyle is suggesting that I use approximately 110' of the south side of my property as two residential lots and he and I jointly bring water & sewer back to service his three lots and my two lots. Then I can use lot 4 for my house. Lot 5 would probably be sold. The location of the store is going to depend on how it turns out once we get in there and actually start moving earth. Whether it will be located quite exactly where it is, it will be somewhere on that side of a commercial zone. We will use a single access on and off the highway. I will try to get the highway department to let me use. a width that is a little wider than it is right now. Commissioner Brown: When we had this before us the last time it said that there was some question about the legalities about splitting the lot in half. I think it was more about the legality of having a buffer zone. I'm sorry, I didn't understand. I thought if we couldn't do the whole thing we couldn't do any of it. The City Attorney was sitting there and he's seen this because we had a discussion before hand about what was coming along here. I understand part of your concern about strip zoning, I know its bad. The gentleman that was sitting here was worried about somebody in a city lot getting blocked in by a bunch of commercial lots. He never looked to see that it was impossible down there for that to happen because everybody along the highway has a depth. I'm next to commercial, I've got a church across the street, I'm on the edge of a commercial area. Commissioner Brown: When we rezone something we would be rezoning the entire lot 44 which would include lot 4 and 5 since this lot 44 have not been subdivided. Vice Chairman Bryson: I would think you would have to make any rezoning contingent upon the creation of the lot. Mr. Maguire: As far as I'm concerned this lot 4 and 5 suits my purposes better because until the other night I didn't realize I couldn't put a house there. We're still not positive its going to wind up 5 lots. We're kind of asking you not to hold our feet to the fire. But it might wind up six lots. '~ KENAI PLANNING & ZONING COMMISSION August 23, 1989 Page 3 Commissioner Brown: Do you have a plat that shows how deep this lot 44 is. Mr. Maguire produced a tax parcel map for use as a map depicting footages. Mr. Doyle discussed a previous platting of his property, however, the plat was never introduced to the City except for the purposes of stubbing in water & sewer. MOTION: Commissioner Brown moved approval of PZ89-13 described as a minimum of approximately 1 acre and a maximum of 1 1/4 acre of the northerly portion of BLM Lot 44, seconded by Commissioner Glick. Commissioner Gilman: I have trouble with the idea of strip zoning in the first place. I think that you should have all residential or all commercial. I see this leading to other businesses wanting to develop residential into commercial as well. And in that area I really don't see that. Vice Chairman Bryson: I share her concerns. At the last meeting we were talking about the conditional use approach also so that the area wouldn't be zoned commercial so he could go ahead with his proposed business so I lean that way. Commissioner Gilman: Is that something similar to issuing a permit for a bed & breakfast, the same theory? Vice Chairman Bryson: If the land use were approved he could build what was approved but it wouldn't open the area up to the broader sense of the commercial. Commissioner Glick: What do you think of this plan where he's going to break this piece out. Rather than rezone the whole thing. Vice Chairman Bryson: It apparently neutralizes the concern that the adjacent property owners are expressing. Mr. Doyle: Has this been done in the past, where residential has become commercial. Addressing Mrs. Gilman's concerns about strip zoning, it's one thing for Pete Zamarillo to put in a strip mall and another for a low key development. You can say its strip zoning but the way I see it as a developer is making residential property more valuable. Planning Specialist Loper: From the letters the concerns appeared to be from the standpoint that once the property is rezoned there is no control over the type of development. Mr. Doyle: I agree, if Mac sells in five years it could be a gas station. Commissioner Gilman: So if it were a conditional use than he couldn't sell it to someone who could turn it into a 7-11. Mr. Maguire: I thought at the last meeting you decided it couldn't be done. Planning Specialist Loper: I believe it's still being discussed. What the Commission has done in the past is issued conditional use permits to low key compatible businesses which are not addressed such as guide services. You have issued 5 of them. Vice Chairman Bryson: This sort of thing has been done in the past. As I remember Doyle's fuel service was rezoned and it operated under a l conditional use for quite a long period of time. And then a year or two ago he rezoned it. ~~ KENAI PLANNING & ZONING COMMISSION August 23, 1989 Page 4 VOTE: Mr. Maguire: It sounds to me like nitpicking because if I wanted to buy a piece of Mr. Zubeck's property next door I can put in anything I want, and I'm trying to work with you people and I get told to go pay him $40,000 per acre so I can put anything on it I want. People can't stay downtown because they can't afford it. Mr. Maguire continued to discuss strip zoning at length. Commissioner Walker: I would like to see that happen, however, under the codes, as I read them, a conditional use is not a possibility because this is specifically a retail business. On the other hand, I see little or no reason if, subject to platting and approval of the plat, I see no reason why this buffer system would not work, and again, if his business is not there 20 years from now, there will be more and more zoning changes along that highway. As a citizen with small children I would never dream of having a house on that highway. It is logical for businesses. I understand it's nice to keep all your businesses in town, but that's not possible in all cases. It would probably be in our best interest to support this document. Commissioner Gilman: I have difficulty with the fact that there's an elementary school two blocks down. Commissioner Walker: Right across the road Mr. Zubeck has had that commercial property for many years and that didn't stop them from putting this elementary school in where there was already adjacent commercial property. I have trouble with commercial property on one side and not allowed on the other. The Commission discussed the size of the lot and surveying of the lot and description of the lot to be rezoned. The Commission agreed that the property would need to be surveyed in order to obtain an appropriate description to be rezoned. Motion passes Vice Chairman Bryson - no Commissioner Brown - yes Commissioner Glick - yes Commissioner Gilman - no Commissioner Walker - yes 5. APPROVAL OF MINUTES of July 26 and August 9, 1989 Minutes were approved as submitted 6. OLD BUSINESS None 7. NEW BUSINESS None KENAI PLANNING & ZONING COMMISSION August 23, 1989 Page 5 8. PLANNING Work Session to follow meeting regarding proposed Recreation Zone - material will be available at the meeting. The Commission agreed to another work session following the next meeting, September 13th. 9. REPORTS a. City Council Councilman Smalley not in attendance b. Borough Planning Commissioner Bryson reported on the status of the proposed ordinance pertaining to conditional use permits. There has been no support. c. City Administration Planning Specialist Loper will be gone for the next meeting. The City Clerk will be sitting in. NOTE: Councilman Smalley arrived at this point Commission and Councilman Smalley discussed the Rhyner appeal. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. City Council Agenda - August 16, 1989 b. Borough Planning Agenda - August 21, 1989 c. APA Magazine 12. COMMISSION COMMENTS & QUESTIONS A map containing properties which have been issued permits for business or docks, was introduced and will be kept for reference purposes. 13. ADJOURNMENT There being no further business, the meeting was adjourned. Janet A. Loper, Planning Specialist Secretary to the Commission KENAI PLANNING & ZONING COMMISSION Roll Call ~G,\~ ~~% I Chairman Pat Nault Vice Chai r Phil Br son Duane Bannock Dave Brown ~~ Carl Gli k c _ Q ~Cs1 /~( Margaret Z Kevin Walker C il R . ounc ep. Hal Smalley TO DO ~~ DATE : __!~ q ~I %'