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HomeMy WebLinkAbout1982-01-13 P&Z MinutesKENAI PLANNING AND ZONING COMMISSION Regular Meeting, January 13, 1982 AGENDA MISSING Kenai Planning and Zoning Commission Regular Meeting, January 13, 1982 Kenai City Hall, 7 p.m. Philip Bryson, Presiding Chairman L~~~(.~'~- ~~ L~ e ~ t 1. ROLL CALL Present: Phil Bryson, Jack Castimore, Jim Blanning, Wayne Regelin, Paul Turner, Mary Quesnel, Lee Lewis, and Ex-Officio Member, Betty Glick 2. PUBLIC HEARINGS A. Application for Conditional Use Permits for extraction of gravel from four sites for the Citv of Kenai Chairman Bryson opened the public hearings, asking Bill Brighton or Ben Delahay to elaborate on any input received. Bill Brighton explained that a Cook Inlet Native Association represen- tative had called stating that they had read of the notice in the paper and immediately wanted to inform the City that the Cook Inlet Native Association was the owner of the mineral rights on that parcel and the City is the owner of the surface rights. By way of background Mr. Brighton explained that the City has programmed almost one and a half million yards of sand from that pit for the coming construction season. Should the City prove not to be the owners of that sand, the City could be charged $.65 per yard which will amount to about three- quarters of a million dollars, in addition to the sand already extracted. City attorney Delahay gave a brief history which included that the State of Alaska had granted this land to the City with a provision that the state would reserve all oil, gas, and minerals in the land, and the land subject to leases in 1966. Don Marks of the Cook Inlet Region Inc. spoke with Mr. Delahay informing him that the sand and gravel under the Natives Claims Act is reserved to the Natives under the trade/swap agreement, based on a case in the 9th Circuit Court the sand and gravel were subsurface rights and the regions were entitled to it. Mr. Delahay's opinion was that sand and gravel is not a valuable mineral as defined and advised that the City continue to use the gravel at this site pending further investigation by himself. and Steve Hilliard an attorney from Anchorage. Mr. Delahay also advised that since the question involved close to a million dollars the matter would be worth pursuing to the Supreme Court if necessary Kenai Planning and Zoning Commission Page 2 ~ Regular Meeting, January 13, 1982 Phil Bryson asked Mr. Delahay if this gravel pit should be broken out of the rest for consideration by the Commission and Mr. Delahay indicated that it should not. He was of the opinion that since. the State had already given the City this land under the 1966 patent, the State could not give this land to the Natives under the Alaska Native Claims Act which was 1970. Chairman Bryson asked for any public input and Mr. Pitts, speaking for the Civil Air Patrol stated that from their standpoint there was no problem. 3. AGENDA APPROVAL Jack LaShot asked to be placed on the agenda, Chairman Bryson placed him under 6-D MOTION: Paul Turner moved, seconded by Jack Castimore to accept the agenda with the change indicated. Motion passed unanimously. 4. APPROVAL OF MINUTES of December 9, 1981 Add the addendum to correct the minutes; strike the word 'similar' on page 1 paragraph 6 requested by Phil Bryson MOTION: Paul Turner moved, seconded by Jack Castimore to approve minutes with changes indicated Motion passed unanimously. 4. OLD BUSINESS A. Reconsideration request from Bill Zubek/Swires Subdivision MOTION: Wayne Regelin moved to reconsider Mr. Zubek's request, seconded by Jack Castimore. Mr. Zubek asked the Commission to consider changing the zoning on this parcel from Rural Residential to General Commercial to be able to use the land for a sales lot and trailer storage. The land on Kenai Planning and Zoning Commission Regular Meeting, January 13, 1982 Page 3 each side is zoned nearly all the way down to his parcel as General Commercial and is unsuitable for anything else. Mrs. Glick informed the Commission that any decision on this matter at the Borough level had been tabled pending the outcome of this meeting. Paul Turner asked for reconfirmation of present zoning of land surrounding Mr. Zubek's property. It was pointed out that parcels of land directly across from this section and the land along the highway frontage on either side were zoned General Commercial. Mr. Turner also asked Mr. Zubek why he felt that rezoning would better suit the property. Mr. Zubek answered that it would be compatible with surrounding property and what property that is not so zoned is ;~ unsuitable for residential. use. Mr. Bryson affirmed that no housing /~~~ ~ would go in in future unless property value "skyrocketed", plus the Vv ~ fact that an on-site water and sewer system most probably would not be approved. Further that there was a problem with a bench that dropped 10' through the middle of the area. There is an upper area for potential residential use but this does not front the highway. MOTION: Jack Castimore moved, seconded by Jim Blanning to approve the rezoning of Swires Subdivision from Rural Residential to General Commercial. Motion passed with Commissioners, Castimore, Blanning, Regelin, and Bryson voting yes; Commissioners, Quesnel and Turner voting no. 6. NEW BUSINESS A. Request for lease modification from Chris Stoehner/Actic Aviation Request from Mrs. Stoehner for postponment to the next meeting allowing preparation time was granted. B. Lease Application: R & P Enterprises, Lots 1, 2, and 3 of FBO Subdivision Jim Swalley, Airport Manager introduced the applicants, Mr. Robert Roth and Mr. Dan Pitts and explained his opinions which included one reservation that being having smaller and larger aircraft both being serviced in this general area. Mr. Roth explained that their proposal is to develop an aircargo-freight type facility, initially to be a tie down for small aircraft, however, t Kenai Planning and Zoning Commission Regular Meeting, January 13, 1982 Page 4 it is now aimed at larger aircraft. Since there is no maintenance facility currently on the airport, a long range goal is to provide this facility. Mr. Pitts explained that they would be providing a fuel storage. area which includes diesel, kerosene, and JB4 for Buddy Woods Air Service out of Palmer who hauls fuel across the inlet in his PBY, DE3, and C-46, and will use-the proposed fuel storage in Kenai rather than return to Palmer. Jim Swalley asked the gentlemen if they planned on stabilizing the land to take the heavy aircraft, Mr. Roth explained that they had plans for this eventuality which included paving. Jim Blanning asked if Mr. Pitts and Mr. Roth would object to explaining their plans for financing the proposal. Mr. Roth explained that an application with AIDA was in the process and felt confident that the application would pass since the proposal was one of the more favorable. If the application did not. go through, Mr. Pitts and Mr. Roth assured the Commission that they would be able to finance themselves. Jim Swalley asked a question, most of which was inaudible, but it is believed he asked when operations could begin. Mr. Roth's reply was also mostly inaudible, but sounded like within the year. Mr. Regelin asked if all three lots were needed for the operation. Mr. Bryson pointed out that the Commission would require that all three lots be leased at the time of application rather than leave a single 100' lot. Mr. Bryson asked if this lease would have any effect on the on-going negotiations with the airport expansion and Mr. Swalley assured him that in his opinion there would be no effect. Mr. Bryson asked who would be handling the security/fencing. The answer was partly inaudible, however, Mr. Swalley seemed to be pointing out that money was available since the fence was part of an ongoing program, and that the fence would just be moved to the Willow Street side. Wayne Regelin asked if either Mr. Roth or Mr. Pitts had any prior experience in this field. Mr. Pitts indicated that he had prior experience in California, however the rest of the reply was inaudible. Mr. Regelin observed that there was just a hangar and an office shown on the application with no provisions for the freight business spoken of. Mr. Pitts' answer was mostly inaudible, however, he did discuss space for an office and freight including a loading ramp would be included in later development. Mr. Regelin asked if there was an I Kenai Planning and Zoning Commission Page 5 Regular Meeting, January 13, 1982 agreement existing with any of the companies that now have the right to haul freight here to use their facilities. The answer was inaudible and Mr. Regelin went on to say that the Commission has leased several lots at that location and the lots have been tied up for some time with no development done yet. Mr. Pitts agreed, .however, felt that their own finances were enough to allow commencing the proposal right away. He had observed a building nearby that appeared to be used marginally for the past year, where they were ready to begin with the agreement with Mr. Woods who has a plane in California ready to come to Palmer and begin his operation which would depend on R & P Enterprises. Phil Bryson pointed out that in the past, Council had a problem with development of proposed leases. He asked if there was a phase plan for construction, ie., when paving or expanding hanger facilities, etc., would begin or be added and in narrative form, this should be submitted with the application. Mr. Pitts explained that the first phase would be in the spring for site preparation with the final buildings going in about the spring of 1984. Phil Bryson asked Jim Swalley if the City would allow maintenance of aircraft on the ramp per the proposal. Mr. Swalley stated that it would be better to get maintenance removed from the ramp area and into lots such as this one, the rest of the answer being inaudible. Mr. Regelin asked that before the Commission take action, a more thorough application be made that would state when each phase would be completed. The reason for this being that in the past, no time stipulation was made for completion and the result was that land was tied up with no development made. "We want you to come to us with what you think you can do with your finances and put it in a time frame, and if we agree then we`ll probably lease it to you. We are going to have some safeguards for the City where we can take those leases back if you haven't met certain requirements. I would say the first step is for you to do a very thorough lease, going through it step by step with the second building in there maybe five years down the line depending on business, but at least if it's that far, it gives us an idea of the plan. I would guess you are talking about one of the most valuable peices of property the City owns". Mr. Pitts felt that "perhaps the Commission was being a bit unreasonable in that the City would be obtaining rentals from the property. If legal action arises out of, because we don't have a section of the black top at the exact time that we expect to have it, I think you`re being a little unreasonable. I think if we're paying for the lease, we might assume the other peopel didn`t have any money into it, and we are physically developing the property, what more assurance can we provide you". .~ Kenai Planning and Zoning Commission Regular Meeting, .January 13, 1982 Page 6 Phil Bryson explained that it is not only the lease of the land but the development as well that. the Commission was concerned with. Mr. Roth and Mr. Pitts explained that they were ready to begin. removing trees and develping next week if the application .were approved. In turn, Mr. Regelin pointed out that there was no protection for the City in writing. Mr. Turner reitterated the point of putting something in a written plan, and did not intend to jeopardize the lease, but to give an idea of what will develop when. The contingency of whatever events occur could be written into the plan so that they themselves would be making the plan one that they could realistically meet. MOTION: Moved. by Wayne Regelin to postpone decision on the lease application of Mr. Roth and Mr. Pitts and that Jim Swalley work with them to assist in developing the proposal, seconded by Jim Blanning. Motion passed unanimously. This item will be on the next agenda as item A under Old Business ~ Jack Castimore expressed his opinion that the Commission was supportive of Mr. Roth and Mr. Pitts in developing these lots. Chairman Bryson returned the Commission to item under Pr~biic Hearings pointing out that no action had been taken. MOTION: Jim Blanning moved to approve resolutions PZ81-13, PZ8I-14, PZ81-15, and PZ$1-16 for the extraction of gravel from the four sites by the City of Kenai. Motion passed unanimously C. OATH OF OFFICE The Oath of Office was given to new member, Lee Lewis. D. Discussion: Proposed platting of land for Cook Inlet Industrial Air Park Subdivision No. 2 Bill Brighton explained to the Commission that the owners of the Dairy Queen had requested a piece 100' x 300' into this parcel. It is being brought back to the Commission for consideration. Kenai Planning and Zoning Commission Regular Meeting, January 13, 1982 Page 7. Bill Brighton explained to the Commission that this is the same piece .that had been requested by the Dairy Queen some time ago and was again requested for lease. The Parks and Recreation Commission has requested money from Juneau for a park, a green area, and a pathway or walkway near Ryan`s Creek. which is adjacent to the area. Further, the City has asked FAA for release of all land in Ryan's Creek from Airport Way all the way to the inlet with 100' on both sides. A part of that is included in tract B. At a later date, when approved, a line will be added that will define the area the FAA is being requested to relinquish. Jack Castimore asked Bill Brighton who would be defining this line, Bi11 Brighton stated that Public Works will be doing the work, and further pointed out that .finalizing this parcel would lay the ground work for the strip requested from the FAA. MOTION: Jim Blanning moved, seconded by Jack Castimore to approve Resolution 81-17. Phil Bryson and Betty Glick made the Commission aware that final approval may be given at the Borough level and that the plat should come back to the City Planning and Zoning Commission for final approval. Ben Delahay asked if this plat could be approved before the line is drawn defining the line, the answer, mostly inaudible, was yes, that the plat would come back as a replatting. MOTION: Amendment Jim Blanning moved to approve the preliminary plat with Administrative alterations. for a conservation, recreation strip be included in the plat and that the plat will return to the Planning and Zoning Commission for final approval, seconded by Jack Castimore. Motion passed unanimously by roll call vote E. Senior Citizens Jack LaShot informed the Commission that the FAA would like more input from the Commission regarding land surrounding the site for the proposed Senior Citizens Center. The Commission adjourned for discussion. Jack LaShot will take the suggestions to draw up a land use plan for the FAA and return it to the Commission. Kenai Planning and Zoning Commission Page 8 Regular Meeting, January 13, 1982 7. OTHEk BUSINESS A. City Council Report: Betty Glick At the meeting of January 6, an ordinance was passed providing $125,000 for the water and sewer system study. Resolution 82-2 passed regarding platting, planning and land use regulations. Resolution 82-4 encouraging the Borough Assembly to adopt an ordinance providing zoning powers to the municipalities. B. Borough Planning Report: Betty Glick The request for rezoning of Swires Subdivision and the Cook Inlet Industrial Air Park Subdivision No. 2 were postponed until action taken at the City planning and zoning. C. City Administration Report.: Bill Brighton Ben Delahay informed the Commission that a problem had come up with VIP Subdivision. Jerry Andrews. subdivided a large tract under VIP and was granted tentative approval, then began going in with small plats for final approval with one or two streets and a bunch of houses, and they were getting approval at the Borough without coming back to the Commission and the streets would not be in acceptable condition by the City and he proceeded to sell lots. Action was taken by this Commission to terminate this procedure and he is now caught with VIP No. 7 ready to sell but the streets weren't completed. Having little recourse, the suggestion was made by Mr. Delahay to draw up a deed of trust for $20,000 due January 1, 1983 with a provision .that should the streets laid out and dedicated in the new section be brought up to standards prior. to the date set, the City will cancel the note and request a reconveyance to return the property to Mr. Andrews. Jack Castimore asked if this action would go on the record of VIP or Jerry Andrews and Mr. Delahay stated that it would be recorded with the deed of trust and be available to any buyers of property. Phil Bryson asked if this action would satisfy the requirements of the zoning ordinance. Mr. Delahay stated that it would not bring the streets up to measure in itself, but it would give the City sufficient funds to do the job if the subdivider doesn't. The aim of the ordinance would be fulfilled. Kenai Planning and Zoning Commission Page 9 Regular Meeting, January l3, 1982 MOTION: Paul Turner moved to approve this method presented by Mr. Delahay of Deed of Trust to ensure the streets be brought up to standards, seconded by Jim Blanning. Phil Bryson asked if this method could be applied to toher cases, Mr. Delahay stated that he felt that they could be. VOTE: Motion passed unanimously by roll call vote 8. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 9. COMMISSION QUESTIONS AND COMMENTS Wayne Regelin announced his resignation from the Commission effective after the first meeting in February due to his move to Fairbanks. Paul Turner expressed his desire to support Resolutions 81-2 and 82-4. ~ Phil Bryson requested the Commission turn to the last page, paragraph 3 of 82-4 and read the paragraph, pointing out that "it's a state law already and does not appear to serve a purpose". Ben Delahay's opinion was that the paragraph merely assures the cities that the only reason it would. take it back was if the city wasn't doing their job, and is a declaration of intent. MOTION: Moved by Paul Turner to express support for Resolution 81-2 and 81-4 to the Borough and City Council, seconded by Jim Blanning. Paul Turner asked for clarification of what change this resolution would make. Phil Bryson stated that "this body would become a Planning Commission rather than an advisory commission". The Council would most likely delegate some powers to this group. Phil Bryson asked the Commission to turn to page 186, section 21.01.010 B, Resolution 81-2, and stated that he felt that what the Borough was saying was that they were retaining powers. Paul Turner agreed that in effect it stated that both Borough and Municipal powers would be retained by the Borough. Ben Delahay felt that it related to Borough Kenai Planning and Zoning Commission Page 10 Regular Meeting, January 13, 1982 Schools and where schools are placed within cities. MOTION: Amendment Paul Truner moved, seconded by Jim Blanning to delete section 21.01.010 paragraph B with a letter of clarification to accompany the motion to the City Council. VOTE: Motion passed unanimously. 10. ADJOURNMENT There being no further business, the meeting was adjourned, the next meeting to be January 27, 1982. j Respectfully submitted, ~~G L L ~ LC.,~7P.~_~ J et Loper, Secretary ANNING AND ZONING COMMT.~.~r~~T ~.,..,.~_- i