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HomeMy WebLinkAbout1979-02-14 P&Z MinutesKenai Planning and Zoning Commission Regular D'Ieeting February 14, 1979 Kenai Public Safety Building 7:00 p.m. Roland Raymond, Presiding Chairman A G E N D A OATH OF OFFICE - JERRY ANDREWS 1. ROLL CALL 2. PUBLIC HEARINGS 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES OF .January 24, 1979 5. OLD BUSINESS A. Election of Chairman and Vice Chairman 6. NEW BUSINESS A. Lease Application: Block 1, Lots 1, 2, 3, and 4 F.B.O. Subdivision: Bishop Brothers B. Change in Lease; Addition: Lot 1-A, Deshka Subdivision: Redi-Stop 1 C. Letter Concerning Lot Two (2), Block One (1), Gusty Subdivision: Ray Cason 7. OTHER BUSINESS A. City Council Report:. Betty Glick B. Borough Planning and Zoning Commission Report: Betty Glick C. Administrative Report D, Borough Report: Jim Hendricks 8. COP'IMISSION QUESTIONS AND COMMENTS 9. ADJOURNMENT ' KENAI PLANNING AND ZONING COA.~[MISSION REGULAR MEETING February 14, 1979 Kenai Public Safety Building 7:00 p.m. Phillip Bryson, Presiding Chairman _~~ OATH OF OFFICE - JERRY ANDREWS The oath of office was given to Jerry Andrews. 1. ROLL CALL L yap'eovr.~' Present: Phil Bryson, Sol Raymond, Karen Mahurin, Nick Miller, John Monfor, Dwain Gibson, Jerry Andrews, and Ex-Officio member Betty Glick. Absent: None Others: John Wise,City Manager; Jim Hendricks,Borough Planner; Ernest Schlereth,City Attorney; Jim Bishop, Allen Bishop, Cathy Bishop, from Bishop Brothers; Charles Crabaugh, Redi-Stop. 2. PUBLIC HEARINGS 3. AGENDA APPROVAL Nick D7iller moved, seconded by Phil Bryson to approve. the agenda as submitted. ~ The motion passed with no objections. 4. APPROVAL OF MINUTES OF January 24, 1979 Karen Mahurin pointed out a correction to be made on Page 2 of the minutes which should read "Karen Mahurin stated that the Devito rezoning request was contiguous with the surrounding land and that approval. had been granted by action of the City Council." P40TION: Nick Miller moved, seconded by Phil Bryson,to approve the minutes of January 24, 1979 as corrected. The motion passed with no objections. 5. OLD BUSINESS A. Election of Chairman and Vice Chairman Sol Raymond pointed out that at the last Commission meeting nominations were voted on for Chairman, and the nominations were Phil Bryson and Nick Miller. The members then voted for Chairman. The results were Phil Bryson 5 votes and Nick Miller 2 votes. Phil Bryson then took the Chairman's position and Sol Raymond stepped down. Kenai Planning and Zoning Commission Page 2 Regular Meeting February 14, 1979 5A. Cont. MOTION: Dwain Gibson moved,. seconded by Sol Raymond, to nominate Nick Miller as Vice Chairman. There were no objections or other nominations. MOTION: Sol Raymond moved, seconded by Dwain Gibson, to approve the nomination of Nick Miller as Vice Chairman. There were no objections. 6. NEW BUSINESS A. Lease Application: Block 1, Lots 1, 2, 3, and 4 F.B.O. Subdivision: Bishop Brothers Phil Bryson asked John Wise, City Manager, to summarize the background information concerning these lots. Mr. Wise stated that the Bishop's original lease application was for land north of the tower and that now the City has platted the F.B.O. lots,they were interested in these four lots. The City had previously received several Concept Lease applications before the land had been platted. Now that it has been, the applicants were asked to update their applications and were given until the 7th of February to do so. Letters were sent to all applicants stating this. The Bishop Brothers were the only ones to reply from the previous Concept lease applicants. Mr. Wise further stated that all other lease applications should be now .voided and that at this time, the Bishop's application is the only active one. Mr. Wise stated that unless there are .any objections from the Commission members then all previous Concept Lease applications for this area will be void. There were. no objections. Mr. Jim Bishop then introduced his wife, Cathy Bishop, and his brother, Allen Bishop, who are also in the venture with him. He described to the Commission members their future plans for the four lots. He stated that presently he has a contract to lease a C47 aircraft and that eventually he wants to lease a Hercules or a DC6 and hangar facilities large enough to house these planes would have to be constructed. Mr. Bishop stated that he first needs to know what is under the ground area;and the first step would be to prepare it and allow it to settle before building upon it. His building costs will be high and will have to be projected over the next two ~ or three years for financing. He would not be able to build this year but would clear the land and prepare it for building. .Kenai Planning and Zoning Commission Regular Meeting February 14, 1979 Page 3 Sol Raymond questioned if the land would be used for parking aircraft. Mr. Bishop did not now know what portion of the land would be cleared. He would like to incorporate a maintenance area. Eventually, he is thinking of flying freight to Bristol Bay from Kenai. Products would be trucked to Kenai, stored in warehouses, and then flown over. Phil Bryson questioned whether the Airport Toaster Plan addresses this area. John Wise stated that the Flan did indicate cargo operations in this area of the Airport. He further stated that the plat shows building restriction lines. Mr. Bishop stated that he intends to have .fuel available and a limited business for maintenance but primarily for support of a cargo operation. John Wise stated that now that the City has available ramp space, it can not afford to allow anything but aviation orientated businesses in this area. He feels that this would be an appropriate use of the land. Phil Bryson and John Monfor both questioned the definition of a Fix-Based Operation. Mr. Wise defined it as one who offers ~ a variety of services such as maintenance facilities, flight .training, taxi service, sales, and fuel. MOTION: John Monfor moved, seconded by Dwain Gibson, to approve the lease application for Block 1, Lots 1, 2, 3, and 4 of F.B.O. Subdivision: Bishop Brothers. John Wise suggested that a layout plan be submitted before any construction occurs and that it be brought before the Commission for its approval. Mr.. Bishop stated that he might. want to construct a smaller hangar initially to house a C47 and eventually become a warehouse. Phil Bryson questioned the security problem and the need to cut the fence. Dir. Wise stated that a fence cut was the only solution now until the City leases the other lots. Dwain Gibson stated that he would not like to see a fence cut without buildings because of security reasons. Kenai Planning and Zoning Commiss-ion Page 4 Regular Meeting February 14, 1979 6A.: Cont. ~ AMENDMENT TO THE MOTION: .Nick Miller moved, seconded by Jerry Andrews, to amend the motion to ask thata development plan for the four lots be made and brought back before any clearing, building, or development is done. Dwain Gibson stated that he would like to see this business at the airport but that he questions whether the Commission should approve the lease with the building in bits and pieces. Mr. Bishop indicated that he does not have the funds to build all that he would like at one time. He does need the land at the airport and does anticipate growth. He would not consider building anything without first consulting the Commission. There was more discussion concerning approval of Concept Lease applications without plans, time limits, and how changes in lease applications are handled. Jerry Andrews questioned the .possibility that the land might be cleared and then left without any building for the next three years. Mr. Bishop stated that this would be very unlikely as he would have too much money tied up in the development of the land. MOTION:. Karen Mahurin moved to table this lease application until a development plan was presented. The motion d.ed~ for the lack of a second. The amendment to the motion passed unanimously. The main .motion as amended passed with Karen DTahurin voting against. 6B, Change in Lease, Addition: Lot 1-A, Deshka Subdivision: Redi-Stop John Wise stated that Charles Crabaugh was requesting a modification within the-covenants of the lease to put in gas pumps. John Monfor questioned the requirements for .distance away from the right of way for set back lines. Mr. Crabaugh had indicated 25' on his drawing but this would not be critical and could be moved. Kenai Planning .and Zoning Commission Page 5 `- Regular P~eeting February 14, 1979 6B. Cont. j Jim Hendricks, Borough Planner, questioned the parking facilities and how the traffic flow would be in and out of the area. D4r. Crabaugh explained to the Commission the existing paved area of the parking lot and how the traffic flow would be. MOTION: Nick Miller moved, seconded by Dwain Gibson, to approve the addition of the gas pumps to Lot 1-A, Deshka Subdivision Redi-Stop provided that the gas pumps are placed so that they meet minimum setback requirements. The motion passed unanimously. 6C. Letter Concerning Lot Two, Block One, Gusty Subdivision: Ray Cason Ernest Schlereth, City Attorney, was present to address the Commission concerning his letter sent to Mr. Ray Cason on January 26, 1979, and the reply to that letter from Mr. Cason's attorney, C. R. Baldwin, written on February 2. Tyr. Schlereth sent the letter to Mr. Cason as he felt that Mr. Cason was in violation of his lease application. Mr. Cason's representative appreared before the Commission on August 23, 1979; to request approval of an addition to the existing building to be used as a storage facility. Since that time, Mr. Cason has opened a Muffler business in the building without again appearing before the Commission to request a change in use for the lease. Mr. Schlereth stated that the Lot in question is zoned General Commercial and that the use was not in violation of the Zoning Code. There is also the fact that the early lease application did not include a use provision. Mr. Schlereth suggested that the following motion be made as a compromise between the Commission and D4r. Cason. A. Mr. Cason presentation to this Commission per letter of his attorney of February 2, 1979, for a change in use under the lease to utilize the premises as a muffler repair shop and for the erection of a sign to advertise such business is hereby granted after the fact in order not to unduly hinder his business enterprise. B. Since the leased land is zoned General Commercial, A4r. Cason's use is not incompatible with the uses within the zone and the use is therefore permitted under this lease in this particular circumstance. nclldt r 1d1111111K d11U LV11111~ 1.U11111I1JJ1U11 Regular Meeting February 14, 1979 6C. Cont. rage o C. As to any future change in use and accompanying structural change as indicated by said letter, Mr. Cason is required to make application to the City through the Planning and Zoning Commission to allow for such structural alteration before making the changes contemplated. Jerry Andrews stated that the issue was whether the use applied to the zoining and if the form of application is proper then the application should be approved. Mr. Miller explained that no application for the M~~f_l~~~b_~s.iness was received and that Mr. Cason's representative had indicated at the meeting in August that he needed the addition for storing casingsfor his business. Phil Bryson read the minutes concerning this lease from the minutes of August 23, 1979. Mr. Gibson noted .that the use of a muffler business was compatible with the gas station on one side of it. MOTION: Jerry. Andrews moved to require Mr. Cason to submit his application in proper form. Mr. Schlereth stated that the Commission is in a position ~ to accept the letter as an application. Jerry Andrews withdrew his motion. Dwain Gibson stated that he agrees with the City Attorney to accept the letter as a form of application. Karen Mahurin added that something should be written into the lease which states that any further changes in use or additions should come first before the Commission. Mr. Miller stated that all bar. Cason had to do was come before the Commission and request that he wanted to start a Muffler business. Since the request is not in violation of the Zoning Code, it would have been approved. As it was, the Commission received the facts after the Muffler business was in operation and after the City Attorney had informed Mr. Cason that he was in violation of his lease.. Mr. Wise stated that Mr. Cason knew 30 or CO days in advance that he would be starting a new business, and he could have easily come before the Commission and asked to have a change in the use of the structure. He further stated that if the Commission considers the letter as application of the change of use then restrictions should be imposed on further changes. Kenai Planning and Zoning Commission Page 7 ._ Regular Meeting February 14, 1979 6C. Cont. Mr. Schlereth suggested that a letter should be sent to Mr. Cason that would state that any future change in use in the structure would require him to make an application. Mr. Raymond said that he felt offended by the way Mr. Cason has acted but at the same time, there is the fact that the Commission would have granted .the application. An amendment to the lease should be written which states that any further changes should come before the Commission. He further recommended using the Attorney's suggested motion. MOTION: Sol Raymond moved, seconded by Dwain Gibson, to accept the motion made by the City Attorney as written in Items A,B,C on Pages 5 and 6 and that the lease be amended to allow the structure's use as a muffler shop. The motion passed with-Phil Bryson voting negative. 7. OTHER BUSINESS A. City Council Report: Betty Glick Mrs. Glick briefly outlined what happened at the last City Council meeting. She suggested that the secretary make copies of Ordinance No. 473-79 concerning penalties under the Fire :Code and send them to the Commission members. B. Borough Planning and Zoning Commission Report: Betty Glick Mrs. Glick mentioned the only item of interest which concerned the Coastal Zone Areas. C. Administrative Report John Wise discussed the 307 acres of land which the City is entitled to and the Coastal Zone Areas. The Airport Master Plan is back but will not be distributed until comments from FAA have been made and approval from Council is given. The Council is considering establishing a Fire Substation at the Beaver Loop and Spur which will be unmal~d with a pumper. Off-duty personnel in the area will operate out of the facility. Mr. Wise further stated that he attended a conference on wetlands in Anchorage. It was pointed out at that time that three areas in the State have been designated Wetlands and the Kenai River area is one of them. D. Borough Report: Jim Hendricks Mr. Hendricks briefly mentioned the Coastal Zone Areas. Kenai Planning and Zoning .°~ Regular Meeting February .. 8. COMMISSION QUESTIONS ~ Phil Bryson mentioned in Black Gold Estates Commission Page 8 14, 1979 qND COMMENTS that one of the proposed park. sites has been redeemed. He .further questioned the status of the Huss Lease. Mr. Wise pointed out that the lease was tabled until drawings were submitted. No drawings have been submitted since the last meeting. The Commission discussed noise levels at the airport and the possible increase of noise as the air cargo operations develop. 9. ADJOURNMENT MOTION: Nick Miller moved, seconded by Dwain. Gibson, to adjourn the meeting. There being no further business, the meeting was adjourned at 9:50 p.m. Respectfully submitted, ~11~1~~~c? c~° ~z~ ~~ } Janice E. Taylor Secretary to the Commission