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HomeMy WebLinkAbout1979-11-14 P&Z MinutesKenai Planning and Zoning Commission Regular Meeting, November 14, 1979 ,, Kenai Public Safety Building, 7 p.m. ' Philip Bryson, Presiding Chairman AGENDA OATH OF OFFICE - JIM BLANNING 1. ROLL CALL 2. PUBLIC HEARINGS A. Comprehensive Plan " B. Petition to rezone Government Lot 72, Section 34, T6N, R11W, from Rural Residential to Suburban Residential 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES OF October 24, 1979 5. OLD BUSINESS A. Letter requesting 5 acres of land for the Museum B. Lease Application: Fidalgo Lot 7, Block 4: Gentry Ent. 6. NEW BUSINESS A. Lease Application: F.B.O. Subdivision Lots 7 and 8: Kenai Packers B. Lease Application: F.B.O. Subdivision Lots 9, 10, ~, 11: C. Northgate Subdivision Part 1, Lot 4, Block l: Preliminary Plat D. Malone Surveying letter regarding three plats 7. OTHER BUSINESS A. City Council Report: Betty Glick B. Kenai Peninsula Borough Planning and Zoning Report: Betty Glick C. Administrative Report D. Borough Report: Jim Hendricks 8. COMPdISSION QUESTIONS AND COMMENTS 9. ADJOURNMENT Kenai Planning and Zoning Commission -Regular Meeting, November 14, 1979 Kenai Public Safety Building, 7 p.m. j Philip Bryson, Presiding Chairman OATH OF OFFICE - JIM BLANNING 1. ROLL CALL Present: Phil Bryson, Karen Mahurin, Sol Raymond, Jerry Andrews, Dave Curtis, Jim Blanning, and Ex-Officio Member Betty Glick Absent: Dwain Gibson Others: Jim Hendricks, Borough Planner; Waldo and Ruby Coyle; Mayor O'Reilly; Mike McLane; Ron Malston and Mike Seaman, City Councilmen; Bill Nelson, City Engineer; Jim Swalley, Airport Operations Manager; Ben Delahay City Attorney; Jl~y. Cherrier; Steve Shearer 2A. PUBLIC HEARING - Comprehensive Plan Jim Hendricks handed out copies of the Corrections and Modifications to the Draft Kenai Comprehensive Plan. Mr. Bryson opened the public hearing to the public for comments and as no one spoke at this time, Jim Hendricks volunteered to review the Corrections and Modifications. Phil Bryson questioned whether the Bridge Access Road ha.d a formal dame. Ruby Coyle stated that she believed it to be named the Kenai River Crossing by a historical group and gave Mrs. Willetts name as a source of reference. Phil Bryson felt that in Items 32 and 37 the corrections should reflect the wishes of the Recreation Commission. Jim Hendricks stated that the Recreation Commission and the Planning Commission's recommendations are combined and included in the corrections. The meeting was again opened to the public for comment. Ron Malston questioned the .map in the back of the corrections and stated that there was a section marked incorrectly. Ruby Coyle stated that the Comprehensive Plan of 1970 was adopted in 1972 and the update was adopted in 1974. Jim Hendricks stated that the Borough has it on Necord as being recorded in 1974. Ruby Coyle also questioned whether it would be necessary to get a conditional use permit from Council each time oil or gas is drilled. Jim Hendricks stated that this is covered in the zoning code now. Mrs. Coyle questioned whether there is an ordinance specifically for petroleum extraction. Mr. Raymond stated that it is covered in the zoning ordinance. Kenai Planning and Zoning Commission November 14, 1979 Page 2 Betty Glick questioned whether the Harbor Commission would have an opportunity to review Attachment D. Jim Hendricks stated that they would. She further questioned whether Attachment E was in response to Mr. Obert's request to zone his land by the river Commercial/Recreational. Jim Hendricks stated that the land was designated private recreational and its intent would be to imply recreational/commercial development as Mr. Oberts intended. There was a question .raised concerning a typographical error and Mr. Hendricks stated .that all misspellings will be corrected. Jerry Andrews stated that there are many errors on the land use plan, and Mr. Hendricks stated that these will have to be corrected before the council reviews the plan. Sol Raymond stated that the map should read Existing Old Town. Phil Bryson pointed out the letter from the Nikiski Anti- Annexation Committee and the resulting public statement from the City Council. Mayor O'Reilly briefly outlined the comments from the news media on the portion of the Plan which comments on zones of influence. He further stated that the City does not have annexation plans; it has enough to do to take care of the City without taking on the surrounding areas. At the same time,,the City needs cooperation. from these areas concerning water supplies, harbor, etc. The City Council received the letter and the only thing they did was acknowledge it. There were no further comments. Jim Hendricks suggested that if the Commission is sat~~fied with the Comprehensive Plan then they should recommend it to the Council. MOTION: Karen Mahurin moved, seconded by Jerry Andrews, to adopt Resolution No. PZ-34 as attached recommending approval of the comprehensive plan as amended. Sol Raymond stated that he did not feel as though the portion dealing with spheres of influence should be deleted from the plan. The motion passed unanimously. B. Petition to rezone Government Lot 72, Section 34, T6N, R11W, from Rural Residential to Suburban Residential. Jim Hendricks pointed out that this rezoning was discussed when the plat came before the Commission last month. Water and sewer does go past the property and the lots on the plat are too small to be zoned Rural Residential. Kenai Planning and Zoning Commission Page 3 November 14, 1979 There were no comments on this rezoning from the public. MOTION: Sol Raymond.. moved, seconded by Karen Mahurin, to approve the petition to rezone Government Lot 72, Section 34, T6N, R11W, from Rural Residential to SubLrban Residential. The motion passed unanimously. 3. AGENDA APPROVAL MOTION: Jerry Andrews moved, seconded by Jim Blanning, to .approve the agenda. There were no objections. 4. APPROVAL OF MINUTES OF October 24, 1979 Betty Glick painted out that Rogers Grove should be charged to Rogers Road on the first page. Karen Mahurin stated that "the City should look into matters more carefully before sending out letters." This should be j added to Page 6 rather than what was in the minutes. MOTION: Karen Mahurin moved, seconded by Sol Raymond, to approve the minutes of O~:tober 24, 1979 as amended. There were no objections. 5. OLD BUSINESS A. Letter requesting 5 acres of land for the Museum There was a memo in the Commissioners' packets explaining that there was no one present to represent the request. The Commission decided to leave the item tabled until the secretary could contact Louisa Miller. B. Lease Application: Fidalgo Lot 7, Block 4: Gentry Enterprises The Commission members briefly discussed the memo in their packets concerning this lease application. There was no need to bring this item back to the table. 6. NEW BUSINESS A. Lease Application: F. B. 0. Subdivision, Lots 7 and 8 ~ Kenai Packers Jim Swalley, Airport Operations Manager, pointed .out that Kenai Packers would like to lease these lots to aid fish hauling operations He stated that a contingency plan has been developed to construct Kenai Planning and Zoning Commission Regular Meeting, November 14, 1979 Page 4 a temporary strip to use next season. The City has applied for a Federal ADAP grant to extend the existing ramp but if this does not go through in time, the contingency plan could be utilized. He further stated ,that a meeting would be held for all fish processors and interested parties next week to discuss this plan. He stated that some of the people applying for the leases have the idea that they are getting all of the ramp in front of the lots. He has informed them that they would be getting access only. The City must give them reasonable access only. Phil Bryson questioned how many operators could operate out of the existing frontage if the lots were leased. Jim Swalley stated that approximately-six or seven could operate. Arctic Aviation would. be given 150 feet of access rather than all 300 feet. The City would keep 150 feet. The Commission expressed- that they would like letters to be sent out to update Lots 1 - 5. Phil Bryson stated that the lease application should state what the applicant wants to do with the lots. Sol Raymond felt that the lease application appears to be very general and seems to just tie up the lots in question. He does not know what they want to do with the land. MOTION: Sol Raymond moved, seconded by Jerry item until the next Planning meeting applicant provide the Commission with a representative to the meeting. The motion passed unanimously. Andrews, to table this and to request that the further details and send B. Lease Application: F. B. 0. Lots 9, 10, ~ 11: Dragnet Fisheries Jay Cherrier from Dragnet Fisheries stated that his company needs a place to tie down aircraft and for storage. They are uncertain as to whether the ramp will be finished or even started before fish hauling season so they.. are confronted with leasing land to solve their problem. Phil Bryson stated that they have asked for a 55 year lease and questioned whether they would be satisfied with a shorter lease. If in the event that the apron does not go through, would they provide access to the lots themselves. Jim Swalley stated that this had been discussed and they would provide their own access or make an agreement for access through Lots 7 and 8. Kenai Planning and Zoning Commission Regular Meeting, November 14, 1979 Page 5 Mr. Cherrier stated that the City needs to extend the apron.. He was hoping to get lets in Lots 1-8 but didn't. He stated further that he would be willing to operate off Taxiway C as in the contingency plan. Phil Bryson questioned whether the City would draw up a special lease for fish haulers on the contingency plan. Jim Swalley stated that it would be a short-term lease for fish processors. Jerry Andrews commented that it seems as though the only way for the fish processors to do business is through leasing lots. The fish processors really do not want the lots if the apron goes through. The City should not lease the land if the processors don't need it. Jim Swalley explained the contingency plan and how it would hopefully work to alleviate some of the problems. Jerry Andrews stated again that granting lease applications is not a solution to the problems. Betty Glick questioned Bill Nelson, City Engineer, if the amount of gravel they plan to put down would be enough to support the weight of the aircraft. Bill Nelson stated that this plan is not a satisfactory solution to the problem as the amount of gravel would be marginal because of the amount of money available to the City for this purpose. The Commission mentioned other potential problems as the airport could not refuse planes landing. Jim Swalley stated that he will be out on the ramp patrolling the area and parking. He plans to have a meeting with bhe fish processors and flying people to discuss the problems. Bi11 Nelson stated that there was a small chance that the ramp could be extended by the fish hauling season. Again Mr. Cherrier stated that he does not need the land but does need a place and a guarantee to park his planes. He did not see any problems with the contingency plan but questioned ability to fuel next to the taxiway. He felt that Heres should have priority and smaller airplanes kept in another area. MOTION: Jerry Andrews moved, seconded by Jim Blanning t~o table this lease application. The motion passed unanimously. Again Bill Nelson pointed out that the gravel coverage would be minimal as funding would allow and that they would push the overburden back and put gravel down. Kenai Planning and Zoning Commission Regular Meeting, November 14, 1979 Page 6 ~ Betty Glick suggested that the Commission make a motion endorsing the Contingency Plan B and it then could be recommended to Council. It is the Planning Commission's duty to recommend Capital Improvements to Council. Jerry Andrews stated that this is the most important issue of the year and should be pursued immediately. If there are funds available they should be used. Bill Nelson felt that since the processors plan to move not less than one millioh~~pounds of fish next year,they might be willing to pay for the use of parking spaces and thUS help to get money to develop the area. Phil Bryson felt that the gravel used has a salvageable value. Sol Raymond stated that possibly the area could be used for off season tie-downs. MOTION: Jerry Andrews moved, seconded to the. City Council that they to enhance the development of Taxiway C and as a Commission, utmost priority and should be by Sol Raymond to recommend explore and do anything necessary a temporary operational ramp off we feel that this is of the addressed as soon as possible. There was further discussion concerning priorities and the ,• possibility of separating the aircraft by size and weight to different areas for parking. The motion was passed unanimously. C. Northgate Subdivision Part 1, Lot 4, Block 1: Replat Steve Shearer, contractor, was present to explain to the Commission that he had made a mistake in measuring his setback line on the front of his lot and had built a house too close to the road. as was found out-when the surveyor did the as-built. He would now like to have the Commission give him a waiver to permit him to keep the housQ in the same location. Jim Hendricks explained 'the handout and stated that a variance would not be allowed in this case. The problem is the result of his own action. The one option would be to change the setbacks in this zone. There is no need for the plat to show the setbacks and does not have .any objections to removing the setback line from the plat. It is up to the City to enforce the setbacks. Jerry Andrews stated that it would solve the problem with the lending institution to remove the setback line from the plat. The cnly solution seems to be to move the house if the City goes by the zoning code. If the code is not correct then it should be changed. r ,' Kenai Planning and Zoning Commission Page 7 Regular Meeting, November 14, 1979 Karen Mahurin stated that a motion should be made to recommend to Council that the Building Inspector require a survey be done before issuing a building permit to show the lot lines. Mike McLane stated that cases such as this have come up before in Soldotna and the Borough and the setback lines have been modified. Jim Hendricks stated that he did not see any problem with removing the set back line from the plat to separate the plat issue from the zoning. The Commission further discussed the possibilities of changing the exisbing zoning, adjusting the right-of-way, moving the house, or changing the set back lines to help solve Mr. Shearer's problem. MOTION: -Jerry Andrews moved, seconded by Dave Curtis to delete the setback line entirely from the plat of Northgate Subdivision: Part 1, Lot 4, Block l: Replat. The Commission further discussed the problem and possible solutions. The members sl~.mpathized with the contractor but could not waiver the zoning code. ~ It was also stated that under the new zoning ordinance violations would not be approved. If it-was ~1legal under the old law then it would be under the new. The motion passed with Karen Mahurin voting negative. D. Malone Surveying letter regarding three plats The Commission briefly discussed the plats and it was noted that all had come before the Planning Commissions at the City and Borough and had. been approved. ___:_Administration should have these plats recorded. 7. OTHER BUSINESS A. City Council Report: Betty Glick The Ordinance 531-79 amending the leases for Airport lands was tabled. The Council did approve Ordinance 532-79 concerning the procedure for leasing tide lands. The Council approved the Resolution authorizing Carmen Gintoli as architect/engineer for the new City Hall facility. There will be a public hearing on this and Carmen will make a presentation next week. ' B. Kenai Borough Planning and Zoning Report: Betty Glick There will be a public hearing on Monday, November 19 on the Kenai Peninsula Water Supply Report in North Kenai. f Kenai Planning and Zoning Commission Page 8 Regular Meeting, November 14, 1979 D. Borough Report: Jim Hendricks 8. COMMISSION QUESTIONS AND COMMENTS Phil Bryson pointed out the letter from the Police Chief to R. W. Thorpe. MOTION: Karen Mahurin moved, seconded by Jerry Andrews, to recommend to Council that the Building Inspector require a certified layout before a building permit is issued. The Commission discussed this and the possible problems of raising the cost of building a house. Karen Mahurin felt that it is not right to give building permits without seeing something on paper. After further discussion the motion was rescinded with consent of second. 9. ADJOURNMENT MOTION: Jerry Andrews moved, seconded by Sol Raymond., to adjourn the meeting. There were no objections. There being no further business the meeting was adjourned at 11:30 p.m. Respectfully submitted, r Janice E. Taylor Secretary to the Commission