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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: PLANNING & ZONING COMMISSION MEETING MAY l2, 2004 PAGE 2 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 PLANNING & ZONING COMMISSION MEETING 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, PLANNING & ZONING COMMISSION MEETING MAY 12, 2Q04 PAGE 4 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. PLANNING & ZONING COMMISSION MEETING MAY 12, 2004 PAGE 5 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 PLANNING & ZONING COMMISSION MEETING MAY l2, 2004 PAGE 6 `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. PLANNING & ZONING COMMISSION MEETING MAY 12, 2004 PAGE 7 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 PLANNING & ZONING COMMISSION MEETING MAY 12, 2004 PAGE 8