HomeMy WebLinkAbout2004-05-12 Planning & Zoning MinutesCITY OF KENAI
PLANNING 8s ZONING COMMISSION
CITY COUNCIL CHAMBERS
MAY 12, 2004 - 7:00 P.M.
CHAIR CARL GLICK, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chairman Glick called the meeting to order at 7:05 p.m.
1-a, Roll Call
Members Present: C. Glick, P. Bryson, J. Hammelman, J. Barrett and Nelson Amen
(arrived at 7:08)
Members Absent: B. Eldridge
Others Present: Councilman Rick Ross, Fire Chief Scott Walden, Department
Assistant Nancy Carver, and Contract Secretary B. Roper
1-b. Agenda Approval
Chairman Glick requested the following items be added to the agenda:
ADD AS: 12-b, Kenai River Center application from Pacific Star Seafood for
Bulkhead Replacement and Storage/Staging/Access Road Development
Proposal.
MOTION:
Commissioner Bryson MOVED to approve the agenda acknowledging the lay downs
provided before the meeting and requested UNANIMOUS CONSENT. Commissioner
Hammeiman SECONDED the motion. There were no objections. SO ORDERED.
1-c. Consent Agenda
MOTION:
Commissioner Hammelman MOVED to approve the consent agenda. Commissioner
Barrett SECONDED the motion. Commissioner Bryson requested UNANIMOUS
CONSENT. There were no objections. SO ORDERED.
ITEM 2: APPROVAL OF MINUTES -- April 28, 2004
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None.
J ITEM 4: CONSIDERATION OF PLATS -- None.
ITEM 5: PUBLIC HEARINGS
5-a. PZ04-19 - A resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska, recommending Council adopt The Kenai Peninsula
Borough All Hazard Mitigation Plan.
MOTION:
Commissioner Bryson MOVED to approve PZ04-19 and Commissioner Barrett
SECONDED the motion.
Staff had nothing additional. Chairman Glick opened the public hearing.
Scott Walden, City of Kenai, Fire Chief -~ Chief Walden explained the City of Kenai's
Annex to the Kenai Peninsula Borough All Hazard Mitigation Plan was presented to
the Borough and it came back with minor changes. Chief Walden explained the minor
changes and pointed out they were basically clarification items.
VOTE:
Glick Yes B son Yes Barrett Yes
Hammelman Yes Eldrid e Absent Amen Yes
MOTION PASSED UNANIMOUSLY.
ITEM 6: OLD BUSINESS -- None.
ITEM 7: NEW BUSINESS
7-a. Discussion~Recommendation -- Removal of plat note restriction for
Lots 7, 8, 9, & 10, Block 4, Strawberry Hill Estates.
MOTION:
Commissioner Bryson MOVED to recommend the City Council concur with the Kenai
Peninsula Borough and allow the removal of the plat note. Commissioner
Hamrnelman SECONDED the motion.
Staff had nothing additional. Bryson explained the purpose of the removal and noted
the Borough's Planning Commission concurred. Commissioner Amen asked if the
removal would restrict future widening of the road and Bryson replied it would not.
VOTE:
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MAY l2, 2004
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Glick Yes B son Yes Barrett Yes
Hammelman Yes Eldrid a Absent Amen Yes
MOTION PASSED UNANIMOUSLY.
7-b. Discussion/Recommendation -- A Iease application for Lot 4, FBO
Subdivision No. 7 submitted by Division of Forestry.
MOTION:
Commissioner Bryson MOVED for approval of the lease application noting~the
intended use is in compliance with the Airport Master Plan and the City's zoning
ordinance. Commissioner Amen SECONDED the motion.
Department Assistant Carver noted the Iease application was previously approved by
the Commission but due to the State's failure to return the agreement in a timely
fashion, the application had to be resubmitted. It was noted there were a few changes
that were outlined in the email from Dennis Ricker. Glick noted the trailer on site
would be removed when the structure is built. Amen asked if the previous application
was approved with the two-year or 18-year term and Carver replied she thought it was
18 years. It was also confirmed the FAA approved the length of the term.
VOTE;
Glick Yes B son. Yes Barrett Yes
Hamrnelman Yes Eldrid e Absent Amen Yes
MOTION PASSED UNANIMOUSLY.
7-c. Discussion/Recommendation -- A lease application for Lots 13 & 14,
Black 1, Cook Inlet Industrial Air Park submitted by David Schilling
d/b/a Schilling Rentals.
MOTION:
Commissioner Bryson MOVED to recommend approval of the lease application and
noted it conforms to the City's zoning requirements. Commissioner Hammelman
SECONDED the motion.
Staff had nothing additional. The Airport Manager had nothing to add.
Bryson stated the applicant may have to deal with the issue of the line running across
the units and added his options would be to remove the lot lines or build a firewall. It
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MAY 12, 2004
PAGE 3
was noted, if the lot line were removed the issue would come back to the Commission
as a plat. Carver stated the applicant would most likely come back with a plat, as
they do not want to build a firewall. Amen asked about security requirements since it
was close to the courthouse and Carver stated there were no security requirements
that she was aware of and noted the Commission was required to vote on whether or
not the application was in compliance with the zoning code and Comprehensive Plan.
Carver added, the courthouse plans to expand within the next five years and no
determination. had been made which direction the expansion would go. Bryson stated
the land had never been encumbered and if the City Council feels there are better uses
for the property, they can direct it that way.
Amen requested the security concerns be noted in the minutes and that he felt they
should be addressed before the City gives final approval.
VOTE:
Glick Yes B son Yes Barrett Yes
Hammelman Yes Eldrid e Absent Amen Yes
MOTION PASSED UNANIMOUSLY.
7-d. Discussion/Recommendation -- A lease application for Tract A, General
Aviation Apron No 2. submitted by Bellair, Inc.
MOTION:
Commissioner Hammelman MOVED to recommend the lease application be approved
and Commissioner Amen SECONDED the motion.
Carver noted again the Commission is voting on whether or not the application meets
zoning and Comprehensive Plan requirements. Carver added, Mr. Kramer called and
reported Mr. Spisak had applied for commuter service between Kenai and Anchorage,
to begin service the frst week in June and would be called Kenai. Express. Carver
continued, Spisak has counter space in Anchorage and is planning to obtain space in
Kenai as well. Carver also noted Spisak has a crew standing by awaiting approval by
City Council.
Rebecca Cronkhite, City of Kenai Airport Manager, Kenai, Alaska -- Ms.
Cronkhite provided handouts to include an Executive Summary of the Airport Master
Plan, the Airport Master Plan, maps and diagrams. Cronkhite reported and noted the
following:
+ The Airport Commission discussed whether or not the application
complied with the Airport Master Plan and the issue failed on a tie vote.
• The airport layout plan, developed in accordance with FAA regulations,
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MAY 12, 2Q04
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indicates what properties are designated for future planning and for what they are
currently being used.
Indicated property in question (Tract A) and explained the Airport Layout
Plan was not current and not incorporated into the land office at City Hall, i.e. when a
prospective lessee comes into City Hall they are given only the plat and not the layout
plan.
• Spisak, was given a copy of the Executive Summary that indicates the
Large portion of the lot near the taxiway is designated for future itinerant apron.
Cronkhite explained, this is a large piece of property that was never subdivided (but
noted for future lease lots on the layout plank because there had been no applications
for lease to date.
• She noted Spisak's lease application indicates a hangar 80-feet wide and
a 160-foot wide aircraft tie-down area; the Master Plan indicates how airports are
regulated as far as where the buildings can be; explained the BRL (Building
Restriction Line) lines and noted it is directly in the center of the lot and all buildings
would need to be behind the line to provide clearance for aircraft imaginary spaces on
the airport; and, with consideration or approval from the FAA, the BRL may be
readjusted but the current airport layout plan and the proposed building is
significantly in front of the BRL.
• Noted Spisak proposes to take the area of the hangar and the entire
5.32-acre tract behind it, which would Lock the back of the lot off far potential aircraft
access development; apron axeas in the Airport Master Plan indicate where taxiways
may be placed and provide access; and, in this lease application, the entire property is
provided to one person for a small hangar and would tie up the last bit of large, usable
property near the terminal.
• She was not sure what an Airport Planner or FAA's view might be on not
allowing development other than what is designated as an aircraft apron, but the
planning process usually goes through several steps if one wants to change the Master
Plan.
• The layout as it is currently has been such for approximately 20 years to
allow separation and future expansion.
• Pointed out the areas already leased on the map and said the only place
the terminal has to expand is in the direction of the large tract Spisak is interested in.
• It is the responsibility of the airport to plan. out for 20 to 40 years and
FAA frowns on having to buy back property to allow for future expansion.
• The Airport Master Plan was adopted by reference through the City of
Kenai Comprehensive Plan.
Glick asked if there were any other options to the applicant for space at the airport
and Cronkhite replied there are available lease lots on the airport and 5pisak was
shown those lots. She added, Spisak indicated Tract A was his preference and he felt
the area where he wants his hangar is already cleared and that makes it a more
preferable business location.
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Amen asked why a BRL is notated and Cronkhite explained the area was intended to
be an apron and you can't have a building close to an area where aircraft would park
or turn around due to clearance issues. Amen asked if the term of 55 years was
normal for such a lease and Cronkhite explained the State's lease schedule says the
length of the lease is determined by the amount of investment. Cronkhite added, the
City of Kenai was granted permission by the FAA to adopt the rural guidelines and she
thought over a $400,000 investment would entitle one to a 55-year lease. She added,
as the investment goes down the term of the lease goes down.
Amen asked if Cronkhite's main concern was the hangar was too close to the BRL and
it would become a future obstruction to the expansion of the existing terminal.
Cronkhite explained, she was mainly concerned the area is not designated in the
Master Plan for lease lot development and designated for the airport to develop a
parking apron. Cronkhite continued, the BRL is a concern and an additional concern
is a drainage issue as well. Cronkhite stated the entire end of the ramp drains into
drainage structures but Spisak indicated he would provide underground drainage,
culverts, drop drains, etc. in that area, to be in compliance with the entire airport
drainage plan.
Arnen asked if the existing plans for the airport refers to green strips or leaving
existing foliage in place for sound abatement. Cronkhite stated she reviewed the
Master Plan and did not see that reference. She added, there is an RFP out for an
update to the Master Plan and she felt during that process the properties could be
reviewed and determined if some of them could be reevaluated for lease properties.
Until that process is complete and the Master Plan is changed, this lease application
was not in compliance with the Master Plan and the Plan should not be modified
without careful consideration.
Amen noted the area is quickly running out of buffer zones, green strips, etc., and he
was hesitant to give up the natural surroundings and the beauty of greens as far as
public relations for the City of Kenai.
Glick asked if the other lease lots were large enough to do what the applicant wants
and Cronkhite replied they were and explained Spisak's reasons far wanting Tract A.
Bryson requested a determination of conflict of interest if he spoke as a private party
since his frm had performed work for the airport on this issue. After review, Glick
determined there was no conflict.
Bryson noted the following:
~ His first concern was with the existence of a building restriction line and
cutting through the property.
It is very common for the FAA to allow a relocation of the building
restriction line but it takes time to change.
• There is issue with the area the applicant was shown further to the north
that is 100 feet wide and 400 feet deep; the applicant has the option of leasing one or
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`l
more lots if they're available in the area.
1 All those tracts have a 100-foot building setback on the front of them
1 behind the front property line that fronts on the apron and explained the purpose of
that is twofold; one is where they cannot locate a building and it also forces them to
not build forward and to park aircraft one would have to utilize the City apron rather
than their own property.
• This parcel was never created for release to the public so there are no
restrictions on it and pointed out areas designated for future use and also identified
the current aircraft tie-downs.
• Aircraft tie-downs need to be provided somewhere but that would require
removing the building restriction line which takes time.
• He recommended any lease include the City's easement needs so they are
apparent to the applicant.
• Explained the setback requirements for the taxiways and noted aircraft
cannot be tied down in the restricted area.
• Explained the drainage issues and noted they needed to be addressed as
well.
• Noted the area proposed for parking would front on the apron and he felt
that would be an inappropriate use.
• Addressed the soil issue and noted it would be quite expensive to have
the soils hauled out, as there is no requirement for burying on site.
VOTE:
Glick No B son No Barrett No
Haxnmelman No Eldrid e Absent Amen No
MOTION FAILED UANIMOUSLY.
ITEM S: PENDING ITEMS
8-a. Amendment of KMC 14.20.320 -- Modular Homes -- No discussion.
ITEM 9: CODE ENFORCEMENT
9-a. 2004 Pending Violations - 5/4/04
ITEM 10• REPORTS
10-a. City Council -- Council Member Ross reviewed the May 5th council
meeting agenda and discussed actions taken.
10-b. Borough Planning -- Bryson reviewed the Borough Planning
Commission agenda for the May 10th meeting and discussed actions taken.
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10-c. Administration -- No report.
ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None.
ITEM 12: INFORMATION ITEMS
12-a. Zoning Bulletin (4/25/04)
ITEM 13: COMMISSION COMMENTS 8s_QUESTIONS
Amen thanked the airport manager for her efforts in explaining the Lease application.
ITEM 14: ADJOURNMENT
MOTION:
Commissioner Barrett MOVED to adjourn and Commissioner Bryson SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 8:03 p.m.
Minutes transcribed and prepared by:
~ Barbara Roper, Cont a t Secretary
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